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                   Statutes and Legislative History
                                 Executive Orders
                                       Regulations
                           Guidelines  and Reports
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                                     JANUARY 1973
                              WILLIAM D. RUCKELSHAUS
                                        Administrator

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For sale by the Superintendent of Documents, U. S. Government Printing Office
Washington, D. C. 20402 - Price $17.80 Per Set of Five Vola. (Sold in Sets Only)

                         Stock Number 5500-0064

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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 concern-
ing 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 grudgingly at times, but inexorably
into an age when social, spiritual and aesthetic values will be prized
more than production and consumption. We have reached a point
where we must balance civilization and nature through our technology.
  The U.S. Environmental Protection Agency, formed by Reorganiza-
tion 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  encompasses
basic, applied, and effects research; setting and enforcing standards;
monitoring; and  making delicate  risks-benefit  decisions 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 greatest disser-
vice 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 enterprise, environ-
mental  anarchy would result.
  It was once sufficient that the regulatory process produce wise and
well-founded courses of action. The public, largely indifferent to regu-
latory 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 derigueur.
  In order to participate intelligently in regulatory proceedings, the
citizen should have access to the information available to the agency.
EPA's policy is to make the fullest possible disclosure of information,
without unjustifiable expense or delay,  to any interested party. With

                                                              iii

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iv                        FOREWORD

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.  RUCKBLSHAUS
                          Administrator
                          U.S. Environmental Protection Agency

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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,  re-
quested that a compilation of EPA legal authority be researched and
published.
  The publication has the primary function of providing a working
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 established
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, Ad-
ministrator of EPA. The production of this compilation involved 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  appreciation 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 Direc-
tor, 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  Communications;  John  Dezzutti,
Administrative  Assistant,  Office  of  Executive  Communications;
Roland 0.  Sorensen,  Chief,  Printing Management Branch,  and
Jacqueline  Gouge and Thomas Green, Printing  Management Staff;
Ruth  SimpMns, Janis Collier,  Wm.  Lee Rawls,  Peter J.  McKenna,
James G. Chandler, Jeffrey D. Light, Randy Mott, Thomas H. Rawls,
John  D.  Whittaker, Linda  L. Payne, John  M. Himmelberg, and
Dana W. Smith, 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 personnel of the
EPA in assisting them in attaining the purposes set out by the Presi-
dent 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 Con-
gressional 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 legisla-
tive history, Executive Orders, Regulations, Guidelines and Reports.
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
AIR
  The chapter labeled "Air," and color coded light blue, contains the
legal authority of the Agency directly related to air pollution. Several
documents under this title are applicable to other areas of pollution,
and when this occurs, a reference is made back to "General" where
the full text appears. This method is used in order that the documents
are not needlessly reproduced in each chapter.

SUBCHAPTERS

Statutes and Legislative History

  For convenience, the Statutes are listed throughout the Compilation
by a one-point system, i.e., 1.1, 1.2, 1.3,  etc., and Legislative History
begins wherever a letter follows  the one-point system. Thusly, any
l.la,  Lib, 1.2a, etc., denotes the public laws comprising the 1.1,

                                                             vii

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viii                        INSTRUCTIONS

1.2 statute. Each public law is followed by its legislative history.
The legislative  history in each case  consists of the House Report,
Senate Report,  Conference Report (where applicable), the Congres-
sional  Record beginning with the time the bill was reported from
committee.
  Example:
1.1  Clean Air Act, as amended, 42 U.S.C. §1857 et seq. (1970).
    l.la  Air Pollution Act of July 14, 1955, P.L. 84-159, 69 Stat. 322.
         (1) Senate Committee on Public Works, S. REP.  No. 389, 84th Cong.,
           1st Sess. (1955).
         (2) House Committee on Interstate and Foreign Commerce, H.R. REP.
           No.  968, 84th Cong., 1st Sess.  (1955).
         (3) Congressional Record, Vol. 101 (1955):
            (a) May 31: Amended and passed Senate, pp. 7248-7250;
            (b) July 5: Amended and passed House, pp. 9923-9925;
            (c) July 6: Senate concurs in  House amendment, pp. 9984-9985.
This example not only demonstrates the pattern followed for legislative
history, but indicates the procedure where only one section of a public
law 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 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 statutes 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 through-
out the Statute section of the compilation.

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                                INSTRUCTIONS
                                                                           IX
                   TABLE  OF STATUTORY SOURCE
                Statute                                   Source
1,1   The  Clean Air Act, as amended,
     42 U.S.C.  §1857 et seq.  (1970).
1.2   Public  Contracts,  Advertisements
     for  Proposals  for  Purchases  and
     Contracts  for Supplies  or  Services
     for   Government    Departments;
     Application to  Government  Sales
     and  Contracts  to  Sell  and  to
     Government   Corporations,    as
     amended, 41 U.S.C. §5  (1958).
1.3   Advances   of   Public   Moneys,
     Prohibition  Against,  as  revised,
     31 U.S.C. §529 (1946).
1.4   Contracts:  Acquisition,  Construc-
     tion or Furnishing of Test Facilities
     and  Equipment,  as amended,  10
     U.S.C. §2353 (1956).
1.5   Record on Review and Enforcement
     of Agency Orders,  as amended,
     28 U.S.C.  §2112  (1966).
1.6   Disclosure of Confidential Informa-
     tion  Generally,  as  amended,  18
     U.S.C. §1905
1.7   Per Diem, Travel and Transporta-
     tion  Expenses;  Experts and  Con-
     sultants; Individuals Serving With-
     out   Pay,  as amended, 5  U.S.C.
     §5703 (1969).
1.8   Highway Safety Act of 1966, as
     amended, 23 U.S.C. §402 (1970).
1.9   Federal  Salary  Act, as amended,
     5 U.S.C. §§5305,  5332  (1970).
1.10 The  Federal Aviation Act of  1958,
     as amended, 49 U.S.C. §1301 et seq.
     (1970).
1.11 Department of Transportation Act,
     as  amended,  49   U.S.C.  §1651
     et seq. (1968).
1.12 The National Environmental Policy
     Act of 1969, 42 U.S.C.  §4332(2) (c)
     (1970).
1.13 The  Public Health Service  Act,
     as amended, 42 U.S.C.  §§241, 243,
     246 (1970).
1.14 The  Davis-Bacon Act, as amended,
     40 U.S.C.  §§276a-276a-5 (1964).
1.15 Reorganization  Plan  No.  14  of
     1950, 64 Stat. 1267 (1950).
Directly  transferred  to  EPA in Reorg.
Plan No. 3 of 1970.
Referred to in the  Clean Air  Act at
§1857b-l(a)(2)(D).
Referred to in the  Clean Air  Act at
§1857b-l(a)(2)(D).

Referred to in the  Clean Air  Act at
§1857b-(a)(2)(D).
Referred to in the  Clean Air  Act at
§§1857c-5(f)(2)(B), 1857f-5(b)(2)(B)(ii).

Referred to in the  Clean Air  Act at
§§1857c-9(c),  1857d(j)(l),  1857f-6(b),
1857h-5(a)(l).
Referred to in the  Clean Air  Act at
§§1857d(i),  1857e(e), 1857f-6e(b)(2).
Referred to in  the  Clean Air  Act at
§1857f-6b(2).
Referred to in  the  Clean Air  Act at
§1857f-6e(b)(3)(A).
Referred to in  the  Clean Air  Act at
§§1857f-10(a), (b), 1857f-12.

Referred to in  the  Clean Air  Act at
§1857f~10(b).

Referred to in  the  Clean Air  Act at
§1857h-7(a).

Referred to in  the  Clean Air  Act at
§1857i(b).

Referred to in  the  Clean Air  Act at
§1857j-3.
Referred to in  the  Clean Air  Act at
§1857j-3.

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                           INSTRUCTIONS
1.16 Regulations Governing Contractors
    and  Subcontractors,  as  amended,
    40 U.S.C. §276c (1958).
1.17 Federal  Aid  Highway  Act,  as
    amended, 23  U.S.C. §109(h),  (j)
    (1970).
1.18 Airport and Airway  Development
    Act,   as   amended,   49  U.S.C.
    §§1712(f), 1716(c)(4), (e)(1970).
1.19 Amortization of Pollution Control
    Facilities, as amended, 26 U.S.C.
    §169(d)(l)(B), (3) (1969).
1.20 Interest  on Certain  Government
    Obligations, as amended,  26 U.S.C.
    §103 (1969).
Referred to in the Clean  Air  Act at
§1857j-3.

Direct reference in Act to EPA  and air
pollution at §109(h), (i), (j).

Direct reference in Act to air pollution
at §§1712(f), 1716(e)(l).

§169d(l)(B) makes direct reference to
the Clean Air Act.

At §103 (c) (4) (F) industrial development
bonds are  exempt from taxes  on air
pollution control facilities.
Executive Orbers
  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  dis-
tribution 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


B. Air

                                VOLUME I
                                                                      Page
    1.   STATUTES AND LEGISLATIVE HISTORY
        1.1  Clean Air Act, as amended, 42 U.S.C. §1857 ei seg. (1970)	      1
            l.la  Air Pollution Act of July 14, 1955, P.L.  84-159, 69 Stat.
                  322	    81
                  (1)  Senate Committee on Public Works,  S. REP. No.
                      389, 84th Cong., 1st Sess. (1955)	    83
                  (2)  House Committee on Interstate and Foreign Com-
                      merce, H.R.  REP. No.  968, 84th Cong.,  1st Sess.
                      (1955)	    93
                  (3)  Congressional Record, Vol. 101 (1955):
                      (a) May 31:  Amended  and passed  Senate, pp.
                         7248-7250	   104
                      (b) July 5: Amended and passed House, pp. 9923-
                         9925	   106
                      (c) July 6:  Senate concurs in House  amendment,
                         pp. 9984-9985	   110
            Lib  Extension of §5-a of Air Pollution Act of July  14, 1955,
                  September 22, 1959, P.L. 86-365, 73 Stat. 646	   114
                  (1)  House Committee on Interstate and Foreign Com-
                      merce, H.R.  REP. No.  960, 86th Cong.,  1st Sess.
                      (1959)	   115
                  (2)  Senate Committee on Public Works,  S. REP. No.
                      182, 86th Cong., 1st Sess. (1959)	   123
                  (3)  Committee of Conference,  H.R. REP. No. 1187,
                      86th Cong., 1st Sess.  (1959)	   136
                  (4)  Congressional Record, Vol. 105 (1959):
                      (a) Sept. 1: Passed House, pp. 17584-17586	   140
                      (b) Sept.  9: Amended   and  passed  Senate, pp.
                         18733-18734	   144
                      (c) Sept. 10, 11:  House and Senate ask for con-
                         ference, pp. 18997, 19046	   146
                      (d) Sept. 14: House and Senate agree to conference
                         report,  pp. 19704-19705, 19434-19435	   146
            Lie  Motor Vehicle Exhaust  Study Act  of June  8, 1960,
                  P.L. 86-493, 74 Stat. 1625	   153
                  (1)  House Committee on Interstate and Foreign Com-
                      merce, H.R.  REP. No.  814, 86th Cong.,  1st Sess.
                      (1959)	   154
                  (2)  Senate Committee on Labor and  Public  Welfare,
                      S. REP. No. 1410, 86th Cong., 2d Sess. (1960)	   171

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xii                              CONTENTS

                                                                       Page
                  (3)  Congressional Record:
                      (a) Vol. 105 (1959), Aug. 17: Passed House, pp.
                         16074-16080	   176
                      (b) Vol. 106 (1960),  May 26: Passed  Senate, p.
                         11209	   191
            l.ld  Amendment of Act of July 14, 1955, October 9,  1962,
                  P.L. 87-761, 76 Stat.  760	   192
                  (1)  Senate  Committee on Public Works, S. REP. No.
                      1083, 87th Cong., 1st Sess. (1961)	   193
                  (2)  House Committee on Interstate and Foreign  Com-
                      merce, H.R.  REP. No. 2265, 87th Cong., 2d Sess.
                      (1962)	   199
                  (3)  Congressional Record:
                      (a) Vol. 107 (1961), Sept. 20: Passed Senate, pp.
                         20417-20418	   220
                      (b) Vol. 108  (1962), Sept. 17: Amended and passed
                         House, pp.  19658-19661	   223
                      (c) Vol. 108 (1962),  Sept. 26: Senate  concurs in
                         House amendments, pp. 20802-20803	   232
            l.le  The Clean  Air Act,  December 17, 1963,  P.L. 88-206,
                  77 Stat. 392	   235
                  (1)  House Committee on Interstate and Foreign  Com-
                      merce,  H.R. REP. No. 508,  88th Cong., 1st Sess.
                      (1963)	   247
                  (2)  Senate  Committee on Public Works, S. REP. No.
                      638, 88th Cong., 1st Sess.  (1963)	   277
                  (3)  Committee  of  Conference, H.R.  REP. No.  1003,
                      88th Cong., 1st Sess. (1963)	   295
                  (4)  Congressional Record, Vol. 109 (1963):
                      (a) July 24: Considered  and  passed  House, pp.
                         13273-13281; 13283-13285	   305
                      (b) Nov. 19:   Considered   and  passed Senate,
                         amended, pp. 22321-22326; 22329-22331	   328
                      (c) Dec. 10: House and Senate agree to conference
                         report, pp.  23954; 23959-23966; 21083-21085..   344
            l.lf  Motor Vehicle  Air Pollution Control Act, and  Solid
                  Waste Disposal  Act,  October 20,  1955, P.L. 89-272,
                  79 Stat. 992	   364
                  (1)  Senate  Committee on Public Works, S. REP. No.
                      192, 89th Cong., 1st Sess.  (1965)	   377
                  (2)  House Committee on Interstate and Foreign  Com-
                      merce,  H.R. REP. No. 899,  89th Cong., 1st Sess.
                      (1965)	   410
                  (3)  Congressional Record, Vol. Ill (1965):
                      (a) May 18: Considered and  passed  Senate, pp.
                         10779; 10782-10783	   431
                      (b) Sept. 23:  Considered in  House,  pp. 24941-
                         24943	   434
                      (c) Sept.  24:  Considered   and  passed  House,
                         amended,  pp.   25049-25059;  25061-25065;
                         25072	   436

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                   CONTENTS                            xiii

                                                          Page
         (d) Oct. 1: Senate concurred in House amendments,
             pp. 25847; 25850-25851	   471
l.lg   Clean Air Amendments of 1966, October 15, 1966, P.L.
      89-675, 80 Stat. 954	   473
      (1) Senate Committee on Public Works,  S. REP. No.
         1361, 89th Cong., 2d Sess. (1966)	   475
      (2) House Committee on Interstate  and Foreign  Com-
         merce, H.R. REP. No. 2170,  89th Cong., 2d Sess.
         (1966)	   493
      (3) Committee of Conference, H.R. REP. No.  2256,
         89th Cong., 2d Sess. (1966)	   514
      (4) Congressional Record, Vol. 112 (1966):
         (a) July 11: Considered in Senate, p. 15169	   517
         (b) July  12:  Considered and passed  Senate, pp.
             15248-15262	   518
         (c) Oct. 3: Considered and passed House, amended,
             pp. 24853-24855	   549
         (d) Oct. 13: House agreed to  conference report, p.
             26596	   555
         (e) Oct. 14:  Senate  agreed to  conference report,
             p. 26808-26809	   557
l.lh   Air  Quality Act of  1967, November 21,  1967, P.L.
      90-148, 81 Stat. 485	   560
                  VOLUME II
      (1) Senate Committee on Public Works, S. REP. No.
         403, 90th Cong., 1st Sess. (1967)	   593
      (2) House Committee on Interstate and Foreign Com-
         merce, H.R. REP. No. 728, 90th Cong.,  1st Sess.
         (1967)	   703
      (3) Committee of Conference,  H.R.  REP. No.  916,
         90th Cong., 1st Sess.  (1967)	   834
      (4) Congressional Record, Vol. 113  (1967):
         (a)  July  18:  Considered and  passed  Senate, pp.
             19164, 19171-19186	   839
         (b)  Nov. 2: Considered and passed House, amended,
             pp. 30939-30963; 30975-30981; 30988-30989;
             30999	   872
         (c)  Nov. 9: Senate  rejected House amendments,
             pp. 32072-32073; 32079	   965
         (d)  Nov. 13: House insisted on amendments and
             agreed to conference, p.  32213	   965
         (e)  Nov. 14: Senate and House adopted conference
             report, pp. 32475-32479	   966
l.li   Authorization for  Fuel  and Vehicle  Research,  1969,
      December 5,  1969, P.L. 91-137,  83 Stat. 283	   973
      (1) Senate Committee on Public Works, S. REP. No.
         91-286, 91st Cong., 1st Sess. (1969)	   973

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xiv                             CONTENTS

                                                                      Page
                  (2)  House Committee on Interstate and Foreign Com-
                      merce, H.R. REP. No. 91-349, 91st Cong., 1st Sess.
                      (1969)	   990
                  (3)  Committee of Conference, H.R. REP. No. 91-690,
                      91st Cong., 1st Sess. (1969)	   997
                  (4)  Congressional Record, Vol. 115 (1969):
                      (a) July 8:  Considered  and  passed  Senate, pp.
                         18540-18541; 18544	  1000
                      (b) Sept.  3, 4:  Considered and passed  House,
                         amended,  pp.   24005-24006;   24356-24372;
                         24374-24378	  1003
                      (c) Nov. 25: House and Senate agreed to conference
                         report, pp. 35640; 35805-35807	  1050
            l.lj   Extension of Clean Air Act, July 10, 1970, P.L. 91-316,
                  84 Stat. 416	  1054
                  (1)  Senate  Committee on Public Works, S. REP. No.
                      91-941, 91st Cong., 2d Sess.  (1970)	  1054
                  (2)  Congressional Record, Vol. 116 (1970):
                      (a) June 25: Considered and passed  Senate, pp.
                         21363-21364	  1056
                      (b) June  30:  Considered and passed  House, p.
                         22095	  1056
            l.lk  Clean Air Amendments of  1970,  December 31,  1970,
                  P.L. 91-604, 84 Stat. 1676	  1057
                  (1)  House Committee on Interstate and Foreign  Com-
                      merce, H.R. REP. No. 91-1146, 91st Cong., 2d Sess.
                      (1970)	  1115
                              VOLUME III
                  (2) Senate Committee on Public Works, S. REP. No.
                      91-1196, 91st Cong., 2d Sess. (1970)	  1189
                  (3) Committee of Conference, H.R. REP. No. 91-1783,
                      91st Cong., 2d Sess. (1970)	  1367
                  (4) Congressional Record, Vol. 116  (1970):
                      (a) June  10: Considered and  passed  House, pp.
                         19200-19244	  1391
                      (b) Sept. 21, 22: Considered and  passed  Senate,
                         amended,  pp.  32837;   32900-32928;  33072-
                         33121	  1493
                      (c) Dec. 18: Senate and House agreed to conference
                         report, pp. 42381-42395; 42519-42524	  1672
                  (5) The President's Remarks Upon Signing the Bill into
                      Law,  Dec. 31, 1970, Weekly Compilation of Presi-
                      dential Documents, Vol. 6, No. 1, January 4, 1971
                      (p. 11)	  1717
             1.11  Technical Amendments to the Clean Air Act, November
                  18, 1971, P.L. 92-157, §302, 85 Stat. 464	  1719

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                        CONTENTS                              xv

                                                                Page
          (1) House Committee on Interstate and Foreign Com-
              merce, H.R. HEP. No. 92-258, 92d Cong., 1st Sess.
              (1971)	  1720
          (2) Senate Committee on Labor and Public Welfare,
              S. REP. No. 92-251, 92d Cong., 1st Sess. (1971)	  1720
          (3) Committee of Conference, H.R. REP. No. 92-578,
              92dCong., 1st Sess. (1971)	  1720
          (4) Congressional Record, Vol. 117 (1971):
              (a)  July 1: Considered and passed House; *..	  1721
              (b)  July 14: Considered and passed Senate, amended
                  in lieu of S. 934; *	  1721
              (c)  Oct. 19: Senate agreed to conference report; *__  1721
              (d)  Nov. 9: House agreed to conference report. *_.  1721
1.2   Public Contracts,  Advertisements for Proposals for Purchases
     and Contracts for Supplies or Supplies for Government Depart-
     ments; Application to Government Sales and Contracts  to Sell
     and to  Government Corporations, as amended, 41 U.S.C. §5
     (1958).  [Referred  to  in 42 U.S.C.  §1857b-l(a)(2)(D)I. (See,
     "General 1.14" for legislative history)	  1721
1.3   Advances of Public  Moneys, Prohibition Against, as revised,
     31 U.S.C. §529 (1946).  [Referred  to in 42 U.S.C.  §1857b-
     l(a)(2)(D)		  1722
     1.3a  Advances of Public Moneys; Prohibition Against, August
          2, 1946, R.S. §3648, §11, 60 Stat. 809	  1722
     1.3b  E.G.  10410, Specification of Laws Prom  Which the
          Escapee Program Administered by the Department of
          State Shall  be Exempt,  November 14,  1952,  17 Fed.
          Reg. 10495	  1723
     1.3c  E.O. 11223, Relating to the  Performance of Functions
          Authorized  by  the  Foreign  Assistance Act of  1961,
          May 12, 1965, 30 Fed. Reg. 6635	  1723
1.4   Contracts: Acquisition, Construction or Furnishing of Test
     Facilities and Equipment, as amended, 10 U.S.C. §2353 (1956).
     [Referred to in 42 U.S.C. §1857b-l(a)(2)(D)]	  1726
     1.4a  Act of July  16, 1952, P.L. 82-557, 66 Stat. 725___	  1726
          (1) House Committee  on  Armed Services,  H.R. REP.
              No. 548, 82d Cong,, 1st Sess. (1951)	  1730
          (2) Senate Committee on Armed Services, S. REP. No.
              936, 82d Cong., 1st Sess.  (1951)	  1743
          (3) Congressional Record:
              (a)  Vol. 97  (1951), Oct. 19:  Objected to in Senate,
                  p. 13530	  1755
              (b)  Vol. 98 (1952),  July 3:  Passed Senate, pp.
                  9053-9054	  1756
              (c)  Vol. 98  (1952),  July 4:  Passed  House, pp.
                  9374-9375	  1757
     1.4b  An Act to Revise, Codify and Enact Into Law Title X
          of  the  United States  Code, August 10, 1956,  §2353,
          70AStat. 149	  1759
          (1) House Committee on the Judiciary, H.R. REP. No.
              970, 84th Cong., 1st Sess. (1955)	  1760

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xvi                             CONTENTS

                                                                       Pages
                  (2) Senate Committee on the Judiciary, S.  REP.  No.
                      2484, 84th Cong., 2d Sess. (1956)	  1761
                  (3) Congressional Record:
                      (a)  Vol. 101 (1955), Aug. 1: Amended and passed
                          House, p. 12719	  1762
                      (b)  Vol. 102 (1956), July 23: Amended and passed
                          Senate, p. 13953	  1762
                      (c)  Vol.  102 (1956),  July 25: House concurs in
                          Senate amendment, p. 14455	  1762
        1.5   Record on  Review and  Enforcement of  Agency  Orders, as
             amended, 28 U.S.C. §2112  (1966).  [Referred to  in 42 U.S.C.
             §§1857c-5(f)(2)(B), 1857f-5(b)(2)(B)(ii)J	  1763
             1.5a  Record  on  Review and Enforcement of Agency Orders,
                  August  28, 1958, P.L. 85-791, §2, 72 Stat. 941	  1765
                  (1) House  Committee on the  Judiciary, H.R. REP. No.
                      842, 85th Cong., 1st Sess. (1957)	  1768
                               VOLUME IV
                   (2) Senate Committee on the Judiciary, S. REP. No.
                      2129, 85th Cong., 2d Sess. (1958)	  1777
                   (3) Congressional Record:
                      (a)  Vol. 103 (1957), Aug. 5:  Amended and passed
                          House, pp. 13617-13618	  1802
                      (b)  Vol.  104 (1958),  Aug. 14: Passed  Senate, p.
                          17537	  1804
             1.5b   Rules  of Civil  Procedure,  November  6,  1966,  P.L.
                   89-773, §5(a), (b), 80 Stat. 1323	  1804
                   (1) Senate Committee on the Judiciary, S. REP. No.
                      1406, 89th Cong., 2d Sess. (1966)	  1805
                   (2) House Committee on the Judiciary, H.R. REP. No.
                      2153, 89th Cong., 2d Sess. (1966)	  1814
                   (3) Congressional Record, Vol. 112 (1966):
                      (a)  July 27: Passed Senate, p. 17306	  1824
                      (b)  Oct. 20: Passed House, p. 28141	  1825
        1.6  Disclosure of Confidential Information Generally, as amended,
             18 U.S.C. §1905 (1948). [Referred to in 42 U.S.C. §§1857c-9(c),
             1857d(j)(l), 1857f-6(b), 1857h-5(a)(l)].  (See, "General 1.16a-
             1.16a(3)(d)" for legislative history)	  1828
        1.7  Per Diem, Travel, and Transportation Expenses; Experts and
             Consultants; Individuals Serving  Without Pay,  as amended,
             5 U.S.C. §5703 (1969). [Referred to in 42 U.S.C.  §§1857(d)(i),
             1857e(e), 1857f-6e(b)(2)].  (See, "General 1.15a-1.15b(3)(c)"
             for legislative history).	  1828
        1.8  Highway Safety  Act of 1966, as  amended, 23  U.S.C.  §402
             (1970). [Referred to in 42 U.S.C. §1857f-6b(2)]	  1829
             1.8a   Highway Safety Act of 1966, September 9, 1966, P.L.
                   89-564, Title I,  §101, 80 Stat. 731	  1832

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                           CONTENTS                            xvii

                                                                  Page
             (1)  Senate  Committee  on Public Works, S. REP. No.
                 1302, 89th Cong., 2d Sess.  (1966)	   1838
             (2)  House  Committee  on Public Works, H.R.  REP.
                 No. 1700, 89th Cong., 2d Sess. (1966)	   1861
             (3)  Committee of  Conference, H.R. REP. No.  1920,
                 89th Cong., 2d Sees. (1966)	   1885
             (4)  Congressional Record, Vol. 112  (1966):
                 (a)  June  27: Amended and passed  Senate,  pp.
                     14936-14938	   1898
                 (b)  Aug.  18: Amended and  passed House,  pp.
                     19926-19939; 19940-19944	   1898
                 (c)  Aug. 31: House agrees to conference report, pp.
                     21355-21358	   1937
                 (d)  Sept. 1: Senate agrees to conference report, p.
                     21595-21596	   1944
       1.8b  Highway Safety Program, August 23, 1968, P.L. 90-495,
             §13, 82 Stat. 822	   1946
             (1)  Senate  Committee  on Public Works, S. REP. No.
                 1340, 90th Cong., 2d Sess. (1968)	   1946
             (2)  House Committee on Public Works, H.R. REP. No.
                 1584, 90th Cong., 2d Sess. (1968)	   1950
             (3)  Committee of  Conference, H.R. REP. No.  1799,
                 90th Cong., 2d Sess. (1968)	   1952
             (4)  Congressional Record, Vol. 114  (1968):
                 (a)  July 1: Amended and passed Senate, p. 19552...   1952
                 (b)  July 3: Amended and passed House, p. 19950_.   1952
                 (c)  July 26: House agrees to conference report, p.
                     23713	   1952
                 (d)  July  29:  Senate agrees  to  conference report,
                     p. 24038	   1952
       1.8c  Federal Aid Highway Act of 1970,  December  31, 1970,
             P.L. 91-605, Title II, §§202(c)-(e), 84 Stat. 1740,1741..   1953
             (1)  House  Committee  on Public Works, H.R.  REP.
                 No. 91-1554, 91st Cong., 2d Sess.  (1970)	   1954
             (2)  Senate  Committee  on Public Works, S. REP. No.
                 91-1254, 91st Cong., 2d Sess. (1970)	   1962
             (3)  Committee of Conference, H.R. REP. No. 91-1780,
                 91st Cong., 2d Sess. (1970)	   1970
             (4)  Congressional Record, Vol. 116  (1970):
                 (a)  Dec. 7: Considered and passed House, p. 40096. _   1971
                 (b)  Dec. 7: Amended and passed Senate, p. 40095..   1971
                 (c)  Dec.  18:  House agrees  to  conference report,
                     pp. 42514-42523	   1972
                 (d)  Dec.  19:  Senate agrees  to  conference report,
                     pp. 42714-42723	   1979
   1.9  Federal Salary Act, as amended, 5 U.S.C. §§5305, 5332 (1970).
       [Referred  to in 42 U.S.C. §1857f-6e(b)(3)(A)]	   2002
       1.9a  General Schedule, September 6, 1966,  P.L.  89-554,
             80 Stat. 467	   2007
             (1)  House Committee on the Judiciary, H.R. REP. No.
                 901, 89th Cong., 1st Sess. (1965)	   2008
526-703 O - 73 - 2

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xviii                            CONTENTS

                                                                       Page
                  (2) Senate Committee  on the Judiciary, S. REP. No.
                      1380, 89th Cong., 2d Sess. (1966)	  2010
                  (3) Congressional Record:
                      (a) Vol.  Ill  (1965),  Sept. 7:  Passed House,  p.
                         22954	  2012
                      (b) Vol.  112  (1966), July 25, 27: Amended and
                         passed Senate, pp. 17010	  2012
                      (c) Vol. 112 (1966), Sept.  11: House concurred in
                         Senate  amendments,  p.  19077	  2014
             1.9b  Registers,   Individuals   Receiving   Compensation,
                  September 11,1967, P.L. 90-83, §1(18), 81 Stat. 199	  2014
                  (1) House Committee on the Judiciary, H.R. REP. No.
                      124, 90th Cong., 1st Sess. (1967)	  2015
                  (2) Senate Committee  on the Judiciary, S. REP. No.
                      482, 90th Cong., 1st Sess. (1967)	  2015
                  (3) Congressional Record, Vol. 113 (1967):
                      (a) April 3: Amended and passed House, p. 8109. _  2015
                      (b) Aug. 4: Amended and passed Senate, p. 21414	  2016
                      (c) Aug. 24: House concurs in Senate amendments,
                         pp. 23904-23905	  2016
             1.9c  Postal Revenue and Federal Salary Act of 1967, Decem-
                  ber 16,1967, P.L. 90-206, Title II, §202(a), 81 Stat. 624_  2016
                  (1) House Committee on Post Office and Civil Service,
                      H.R. REP. No. 722, 90th Cong., 1st Sess. (1967)	  2016
                  (2) Senate Committee  on Post Office and Civil Service,
                      S. REP. No. 801, 90th Cong., 1st Sess. (1967)	  2025
                  (3) Committee of Conference, H.R. REP. No.  1013,
                      90th Cong., 1st Sess. (1967)	  2027
                  (4) Congressional Record, Vol. 113  (1967):
                      (a) Oct.  10, 11:  Amended and  passed House,  pp.
                         28410, 28412, 28648-28649, 28655	  2030
                      (b) Nov. 28, 29: Amended and  passed Senate,  pp.
                         33975, 34013-34014, 34227-34228, 34261	  2037
                      (c) Dec. 11: House recedes from its disagreement to
                         the  Senate amendment, and  concurs therein,
                         with an amendment, p. 35842	  2044
                      (d) Dec. 12: Senate concurs in House amendment to
                         Senate amendment, pp. 36104	  2044
             1.9d  E.O.  11413, Adjustment of Pay Rates Effective July 1,
                  1969, June 11, 1968, 33 Fed. Reg. 8641	  2047
             1.9e  E.O.  11474, Adjustment of Pay Rates Effective July 1,
                  1969, June 16, 1969, 34 Fed. Reg. 9605	  2050
             1.9f  E.O. 11524, Adjustment of Pay Rates Effective First Pay
                  Period on or After December 27, 1969, April 15, 1970,
                  35 Fed. Reg. 6247	  2053
             1.9g  E.O.  11576, Adjustment of Pay Rates Effective January
                  1, 1971, January 8, 1971, 36 Fed. Reg.  347	  2056
             1.9h  E.O.  11587, Federal Executive Salary  Schedule,  March
                  15, 1971, 36 Fed. Reg.  4973	  2059
        1.10 The  Federal Aviation Act of 1958,  as amended, 49  U.S.C.
             §1301 et seq. (1970). [Referred to in 42 U.S.C.  §§1857f-10(a),
             (b), 1857f-12]			  2060

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                   CONTENTS                             xix

       •                                                   Page
l.lOa The Federal Aviation Act of 1958,  August 23, 1958,
      P.L. 85-726, §§101-701, 72 Stat. 731	   2132
      (1) Senate Committee on Interstate and Foreign Com-
         merce, S. REP.  No. 1811,  85th Cong., 2d Sess.
         (1958)	   2153
      (2) House Committee on Interstate and Foreign Com-
         merce, H.R. REP. No. 2360, 85th Cong., 2d Sess.
         (1958)	   2161
      (3) Committee of Conference,  H.R. REP.  No. 2556,
         85th Cong., 2d Sess. (1958)	   2163
      (4) Congressional Record, Vol. 104 (1958):
         (a) July 14: Amended  and passed  Senate,  pp.
             13621-13636,  13645-13650	   2164
         (b) Aug. 4: Amended and passed  House, p. 16088..   2179
         (c) Aug. 11: Senate  agrees to conference  report,
             p. 16887	   2179
         (d) Aug. 13: House  agrees to conference  report,
             p. 17457	   2179
l.lOb Occupational Safety and Health Act of 1970, December
      29, 1970, P.L. 91-596, §31, 84 Stat.  1619	   2179
      (1) Senate Committee on Labor and  Public Welfare,
         S. REP. No. 91-1282, 91st Cong., 2d Sess. (1970)._.   2180
      (2) House Committee on Education and Labor, H.R.
         REP. No. 91-1291, 91st Cong., 2d Sess. (1970)	   2181
      (3) Committee of Conference, H.R. REP. No. 91-1765,
         91st Cong., 2d Sess. (1970)	   2182
      (4) Congressional Record, Vol. 116 (1970):
         (a) Nov.  17:  Amended and  passed  Senate,  p.
             37632	   2183
         (b) Nov.  24:  Amended and passed  House,  p.
             H10711	   2183
         (c) Dec. 16: Senate agrees  to conference report, p.
             41764.	   2183
         (d) Dec. 17: House agrees to conference report, p.
             42209.	   2183
l.lOc Clean  Air Amendments of  1970, December 31, 1970,
      P.L. 91-604, §ll(b)(l), 84 Stat. 1705	   2183
      (1) House Committee on Interstate and Foreign Com-
         merce, H.R. REP. No. 91-J.U6, 91st Cong., 2d Sess.
         (1970)	   2184
      (2) Senate Committee on Public Works,  S.  REP. No.
         91-1196, 91st Cong., 2d Sess. (1970)	   2186
      (3) Committee of Conference, H.R. REP. No. 91-1783,
         91st Cong., 2d Sess. (1970)	   2190
      (4) Congressional Record, Vol. 116 (1970):
         (a) June 10: Considered and passed House, p. 19228.   2192
         (b) Sept.  22:  Considered  and   passed  Senate,
             amended, p. 33105	   2192
         (c) Dec. 18: Senate  agrees to conference  report,
             p. 42391	   2192
         (d) Dec. 18: House  agrees to conference  report,
             p. 42519	   2193

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xx                             CONTENTS

                                                                      Page
            l.lOd Amendments to the Fish and Wildlife Act of 1956,
                  November 18,1971, P.L. 92-159, §2a, 85 Stat. 481	  2193
                  (1) House Committee on Merchant Marine and Fish-
                     eries, H.R. REP. No. 92-202, 92d Cong., 1st Sess.
                     (1971)	  2194
                  (2) Senate  Committee  on  Commerce, S. REP.  No.
                     92-421, 92d Cong., 1st Sess. (1971)	  2195
                  (3) Congressional Record, Vol. 117 (1971):
                     (a) May 17: Considered and passed  House, pp.
                         H3973-H3977	  2196
                     (b) Nov. 4: Considered and passed Senate, amended,
                         p. 517630*	  2196
                     (c) Nov. 5: House concurred in Senate amendments,
                         p. H10550*	  2196
            l.lOe Airport  and Airway Programs,  November 27, 1971,
                  P.L. 92-174, §§5(b), 6, 85 Stat. 492	  2197
                  (1) House Committee on Interstate  and Foreign Com-
                     merce, H.R. REP. No. 92-459, 92d Cong., 1st Sess.
                     (1971)	  2197
                  (2) Senate  Committee  on  Commerce, S. REP.  No.
                     92-378, 92d Cong., 1st Sess. (1971)	  2197
                  (3) Senate  Committee  on  Commerce, S. REP.  No.
                     92-394, 92d Cong., 1st Sess. (1971)	  2198
                  (4) Committee of Conference, H.R.  REP. No.  92-624,
                     92d Cong., 1st Sess.  (1971)	  2198
                  (5) Congressional Record, Vol. 117 (1971):
                     (a) Sept. 22: Considered and passed House*	  2198
                     (b) Oct.  12:   Considered  and  passed   Senate,
                         amended*	  2198
                     (c) Nov. 8: Senate agreed to conference report*	  2198
                     (d) Nov. 16: House agreed to conference report*,.  2198
            l.lOf Noise Control Act of 1972, October 27,1972, P.L. 92-574,
                  86Stat. 1234	  2198
                  (1) House Committee on Interstate and Foreign Com-
                     merce, H.R. REP. No. 92-842, 92d Cong., 2d Sess.
                     (1972)	  2202
                  (2) Senate  Committee  on  Public  Works,  S. REP. No.
                     92-1160, 92d Cong., 2d Sess. (1972)	  2207
                  (3) Congressional Record, Vol. 118 (1972):
                      (a) Feb. 29: Considered  and passed House, pp.
                         H1508-H1539	  2250
                     (b) Oct. 12: Considered in Senate,  pp.  S17743-
                         S17764, S17774-S17785	  2278
                     (c) Oct.  13:   Considered  and  passed   Senate,
                         amended, pp. S17988-S18014	  2305
                     (d) Oct. 18: House concurred in Senate amendment,
                         with  an  amendment, pp. H10261-H10262,
                         H10287-H10300	  2327
                     (e) Oct. 18: Senate concurred in House amendment,
                         pp. S18638-S18646	  2330
        1.11 Department of Transportation Act, as amended, 49 U.S.C.

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                        CONTENTS                             xxi

                                                                Page
     §1651 et seq.  (1968). [Referred to in 42 U.S.C. §1857f-10b].
     (See, "General 1.5a-1.5c(3)(d)" for legislative history)	   2334
1.12  National  Environmental  Policy  Act  of  1969,  42  U.S.C.
     §4332(2)(c) (1970).  [Referred to in 42 U.S.C.  §1857h-7(a)].
     (See, "General 1.2a-1.2a(4)(e)" for legislative history)	   2334
1.13  Public Health Service Act, as amended, 42  U.S.C.  §§241, 243,
     246 (1970). [Referred to in 42 U.S.C. §1857i(b)]. (See, "General
     1.12a-1.12ae" for legislative history)	   2335
1.14  The Davis-Bacon Act, as amended, 40 U.S.C. §§276a-276a-5
     (1964). [Referred to in  42 U.S.C.  §1857j-3]. (See,  "General
     1.13a-1.13h" for legislative history)	   2353
1.15  Reorganization  Plan No.  14 of 1950, 64  Stat. 1267  (1950).
     [Referred to in 42 U.S.C. §1857j-3]	   2357
1.16  Regulations  Governing  Contractors  and  Subcontractors,  as
     amended, 40 U.S.C. §276c (1958).  [Referred to in 42  U.S.C.
     §1857j-3]	   2357
     1.16a Secretaries of Treasury and Labor Shall Make Regula-
           tions for Contractors and Subcontractors, June 13, 1934,
           P.L. 73-324, §2, 48 Stat. 948	   2358
           (1) Senate Committee on the  Judiciary,  S. REP. No.
              803, 73rd Cong., 2d Sess. (1934)	   2358
           (2) House Committee on the Judiciary, H.R. REP. No.
              1750, 73rd Cong., 2d Sess. (1934)	   2359
           (S) Congressional Record, Vol. 78 (1934):
              (a) April 26: Passed  Senate, p. 7401	   2360
              (b) June 7: Passed House, p. 10759	   2360
     1.16b Amendments to Act of June 13, 1934, May 24,1949, P.L.
           81-72, §134,  63 Stat. 108	   2360
           (1) House Committee on the Judiciary, H.R. REP. No.
              352, 81st Cong., 1st Sess. (1949)	   2361
           (2) Senate Committee on the  Judiciary,  S. REP. No.
              303, 81st Cong., 1st Sess. (1949)	   2362
           (3) Congressional Record, Vol. 95 (1949):
              (a) April 4: Passed House, p. 3819	   2364
              (b) May 6: Passed Senate, p. 5827	   2365
     1.16c Amendment  of 1958, August 28, 1958, P.L. 85-800, §12,
           72 Stat. 967	   2365
           (1) Senate Committee on Government Operations, S.
              REP.  No. 2201, 85th Cong., 2d  Sess. (1958)	   2365
           (2) Congressional Record, Vol. 114 (1958):              2368
               (a) Aug. 14: Passed Senate, p. 17539	
               (b) Aug. 15: Passed House, p. 17909	   2368
                         VOLUME V
1.17 Federal Aid Highway Act, as amended, 23 U.S.C. §109(h), (j)
     (1970). (See, "General 1.6a-1.6d(4)(f)" for legislative history),  2369
1.18 Airport and Airway Development Act of 1970,  as amended,

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xxii                            CONTENTS

                                                                        Page
             49  U.S.C. §§1712(f), 1716(c)(4), (e) (1970).  (See, "General
             1.7a-1.7a(4)(d)" for legislative history)	  2369
        1.19  Amortization  of  Pollution  Control Facilities, as  amended,
             26  U.S.C. §169 (1969). (See, "General 1.4a-1.4a(5)(c)"  for
             legislative history)	  2369
        1.20  Interest on Certain Government Obligations, Int. Rev. Code
             of  1954,  as  amended,  §103,  26 U.S.C.  §103 (1969). (See,
             "General 1.9a-1.9d(4)(d)" for legislative history)	  2369
        1.21  Motor Vehicle Information and Cost Savings Act, 15  U.S.C.
                  §§1961-1964	  2369
             1.21a Motor Vehicle Information and Cost Saving Act, October
                  20, 1972, P.L. 92-513, Title III, §301 (b)(2), 302(b)(l),
                  86Stat. 960	  2372
                  (1) Senate Committee on  Commerce, S. REP. No. 92-
                      413, 92d  Cong., 1st Sess. (1971)	  2375
                  (2) House Committee on Interstate and Foreign Com-
                      merce, H.R. REP. No. 92-1033, 92d Cong., 2d Sess.
                      (1972)	  2375
                  (3) Committee of Conference, H.R. REP. No. 92-1476,
                      92d Cong., 2d Sess. (1972)	  2375
                  (4) Congressional Record:
                      (a)  Vol.  117 (1971), Nov. 3: Considered and  passed
                          Senate, p. S17570-S17575, S17578-S17591*	  2376
                      (b)  Vol.  118 (1972), May 22: Considered and  passed
                          House, amended  in lieu of H.R.  11627,  p.
                          H4754-H4755, H4774-H4793 *	  2376
                      (c)  Vol.  118  (1972), Oct.  4:  House agreed to con-
                          ference report, p. H9138-H9139*	  2376
                      (d)  Vol.  118  (1972), Oct.  6: Senate agreed to con-
                          ference report, p. S17175-S17176*	  2376
     2.  EXECUTIVE ORDERS
        2.1  E.O. 11282, Prevention, Control and Abatement of Air Pollu-
             tion by  Federal Authorities, May  28, 1966, 31 Fed. Reg.
             7663 (1966)	  2379
        2.2  E.O. 11507, Prevention,  Control and Abatement of Air and
             Water Pollution at  Federal Facilities, February 5,1970, 35 Fed.
             Reg. 3573 (1970)	  2382
        2.3  E.O. 11523, National  Industrial Pollution Control Council,
             April 9, 1970, 35 Fed. Reg. 5993 (1970)	  2388
        2.4  E.O. 11587, Placing Certain Positions in Levels IV and V of the
             Federal Executive  Salary Schedule,  March 15, 1971, 35 Fed.
             Reg. 475 (1971)	  2389
        2.5  E.O. 11602, Providing for Administration of the Clean Air Act
             with Respect  to Federal Contracts, Grants, or Loans, June 29,
             1971, 36  Fed. Reg. 12475  (1971)	  2390
     3.  REGULATIONS                                                  2395
        3.1  Entry of Motor Vehicles and Motor Vehicle Engines Under
             Vehicle  Air Pollution  Control Act, Bureau of  Customs,  19
             C.F.R. §12.73 (1972)	
        3.2  Grants for Air Pollution  Control  Programs, Environmental
             Protection Agency, 42  C.F.R. §§456.1-456.45 (1971)	

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                            CONTENTS                           xxiii

                                                                   Page

    3.3  National Primary and Secondary Ambient Air Quality Stand-
        ards Environmental Protection  Agency, 40 C.F.R.  §§50.1-
        50.11 (1971)	
    3.4  Requirements for  Preparation, Adoption, and  Submittal of
        Implementation Plans, Environmental  Protection Agency,
        40 C.F.R. §§51.1-51.32 (1971)	
    3.5  Approval and Promulgation of Implementation Plans, Environ-
        mental Protection Agency, 40 C.F.R. §52 (1972)	
    3.6  Standards of Performance  for New Stationary  Sources, En-
        vironmental  Protection  Agency,  40  C.F.R.  §§60.1-60.85
        (1971)	
    3.7  Prior Notion  of  Citizen  Suits,  Environmental  Protection
        Agency, 40 C.F.R. §§54.1-54.3 (1971)	
    3.8  Prevention,  Control and Abatement  of Air Pollution from
        Federal Government Activities:  Performance Standards and
        Techniques   of Measurement,  Environmental  Protection
        Agency, 40 C.F.R. §§76.1-76.9 (1971)	
    3.9  Registration  of Fuel  Additives,  Environmental  Protection
        Agency, 40 C.F.R. §§79.1-79.31 (1971)	
    3.10 Air Quality Control Regions, Criteria and Control Techniques,
        Environmental Protection  Agency,  40 C.F.R.  §§81.1-81.114
        (1971)	
    3.11 Control of Air  Pollution from New  Motor Vehicles and New
        Motor Vehicle Engines,  Environmental Protection Agency,
        40 C.F.R. §§85.1-85.327 (1972)	
4.  GUIDELINES AND REPORTS
    4.1  Environmental Protection  Agency,  Reports to Congress  as
        required by the Clean Air Act	 2399
        4.la  "The Economics of Clean Air," Report to Congress by
              the Administrator of  the Environmental  Protection
              Agency, December 1970	 2399
        4.1b  "Progress in the Prevention and Control  of Air Pollu-
              tion," Report to Congress by the Administrator of the
              Environmental Protection Agency, January 1971	 2561
        4.1c  "Development of Systems to Attain Established Motor
              Vehicle and Engine  Emission Standards,"  Report  to
              Congress by the Administrator of the Environmental
              Protection Agency, September 1971	 2587
        4.Id  "Progress in Prevention and Control of Air Pollution,"
              Report to Congress  by the Administrator of the En-
              vironmental Protection Agency, February 1972	 2626
    4.2  Criteria and Control Techniques Summaries	 2640
        4.2a  Criteria	 2640
              (1)  "Criteria for Carbon  Monoxide,"  National  Air
                  Pollution Control Administration, March 1970	 2640
              (2)  "Criteria for  Hydrocarbons," National Air Pollution
                  Control Administration, March 1970	 2651
              (3)  "Criteria for Particulate  Matter,"  National  Air
                  Pollution Control Administration, January 1969	 2658
              (4)  "Criteria for Photochemical  Oxidants," National

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xxiv                            CONTENTS

                                                                        Page
                      Air  Pollution  Control  Administration,  January
                      1969	  2672
                   (5) "Criteria for Sulfur Oxides," National Air Pollution
                      Control Administration, January 1969	  2690
                   (6) "Criteria  for  Nitrogen  Oxides,"  Environmental
                      Protection Agency, January 1971	  2707
             4.2b   Control Techniques	  2725
                   (1) "Control Techniques for Carbon  Monoxide from
                      Stationary Sources,"  National Air Pollution Control
                      Administration, March 1970	  2725
                   (2) "Control Techniques for Carbon Monoxide,  Nitro-
                      gen Oxide and Hydrocarbons from Mobile Sources,"
                      National Air  Pollution Control  Administration,
                      March 1970	  2727
                   (3) "Control Techniques for Hydrocarbons and Organic
                      Solvents from Stationary Sources," National  Air
                      Pollution Control Administration, March 1970	  2732
                   (4) "Control Techniques for Nitrogen Oxides Emissions
                      from  Stationary Sources," National Air Pollution
                      Control Administration, March 1970	  2737
                   (5) "Control Techniques for Particulates," National Air
                      Pollution Control Administration, January 1969	  2744
                   (6) "Control Techniques for Sulfur Oxides,"  National
                      Air  Pollution  Control  Administration,  January
                      1969	  2753
        4.3  Selected Reports	  2759
             4.3a   Semiannual Report, Prepared by the Committee on
                   Motor Vehicle Emissions of the National Academy of
                   Sciences, January 1, 1972	  2759
       4.4   Interagency Agreements	  2822
             4.4a   Interagency Agreement  Between Environmental Pro-
                   tection Agency  and  Department  of  Transportation
                   National Highway Traffic Safety Administration	  2822

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               STATUTES AND LEGISLATIVE HISTORY           1189

     l.lk(2) SENATE  COMMITTEE ON PUBLIC WORKS

              S. REP. No. 91-1196, 91st Cong., 2d Sess. (1970,)

                                                                    Page

General statement	     1

Hearings  	     4

Discussion of intent	     4
    Research relating to fuels and vehicles	     4
    Grants for support of air pollution programs	     5
    Interstate air quality agencies	     6
    Research relating to air pollution  effects	     7
    Air quality control regions	     8
    Air quality criteria and control  techniques	     9
    National air  quality standards and goals	     9
    Implementation plans	    11
    State standards and plans to achieve greater air quality control    15
    New source standards of performance	    15
    National emission standars—selected air  pollution agents	    18
    National emission standards—hazardous  air pollution agents	    20
    Federal enforcement  	    21
    Control of  pollution from Federal  facilities	    23
    Establishment of standards	    23
    Prohibited  acts—Injunction proceedings—Penalties	    28
    Certification  and production model testing	    28
    Motor vehicle and motor vehicle  engine compliance testing	    29
    State grants	    31
    Records and  reports	    31
    State standards	    32
    Used  vehicles	    32
    Registration  and regulation of fuels and fuel additives	    33
    Development of low-emission vehicles	    35
    Definitions  	    35
    Applicability  	    35
    Emergency powers	    35
    Citizen suits	    36
    Appearance  	    39
    Federal procurement	    39
    Employee protection	    40
    Judicial review 	    40
    Mandatory licensing  	    42
    Policy review	    43
    Authorizations  	    44
    Noise pollution	    45

Individual views:
    Hon.  Robert  J. Dole	    47
    Hon.  Edward J. Gurney	    50
    Section-by-section analysis	    52
    Changes in existing law	    68

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1190              LEGAL COMPILATION—Am

    NATIONAL AIR QUALITY STANDARDS ACT OF 1970
             SEPTEMBER 17,1970.—Ordered to be printed
Mr. BYED of West Virginia (for Mr. MUSKIE, from the Committee
            on Public Works, submitted the following

                        REPORT

                        together with

                    INDIVIDUAL VIEWS

                     [To accompany S. 4358]

  The Committee on Public Works, to which the bill (S.  4358),
to amend the Clean Air Act as amended, was  referred having con-
sidered the same, reports favorably thereon  without amendment.
An original bill  (S. 4358) is reported in lieu of S. 3229, S. 3466,
and S. 3546 which were considered by the Committee.

                    GENERAL  STATEMENT
  The committee bill would  restructure the  methods available to
attack a critical and growing national  problem of air pollution.
  The legislation reported by the committee  is the result of deep
concern for protection  of the health of the American people. Air
pollution is  not only an aesthetic nuisance. The Committee's con-
cern with direct adverse  effects upon  public  health has increased
since  the publication of  air quality criteria documents for  five
major pollutants (oxides  of sulfur, particulates, carbon monoxide,
hydrocarbons and oxidants). These documents indicate that the
air pollution problem is more severe, more pervasive, and growing
at a more rapid rate than was generally believed.
  The new  information that carbon monoxide concentrations at
levels  damaging to public health occur in Chicago more than 22
percent of the time, and that other cities have similar problems
with carbon monoxide and other pollutants, intensified the com-
mittee's  concern to authorize a massive  attack on  air pollution.
This bill is designed to provide the basis for such an attack.
                                                         [p.1]

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             STATUTES AND LEGISLATIVE HISTORY         1191

  Although the nature of  the attack will  differ from region to
region, one objective will be the same: Air  quality standards pro-
tective of the health of persons must be achieved within the 3-year
period of the approval of plans to implement ambient air quality
standards.  The right of States to set more  stringent standards
of air quality has been preserved. Maintenance of existing high
quality air is assured through provision for maximum control of
new major pollution sources.
  The protection of public health—as required by the  national
ambient air quality standards and as mandated by provisions for
elimination  of  emissions  of extremely   hazardous  pollution
agents—will require major action throughout the Nation. Many
facilities will require major investments in new technology  and
new processes. Some facilities will need altered  operating pro-
cedures or a change of fuels. Some facilities may be closed.
  The requirements for State action will be broadened.  And the
obligation on polluters will be greatly increased. What has been
a program focused on uniquely critical  areas, underfunded  and
inadequately manned,  will  become truly national  in  scope  and
will require an immediate increase in personnel and funding.
  Implementation of  standards  will require other changes in
public policy:
       Land use policies must be developed to prevent location of
    facilities which are not compatible  with implementation of
    national standards.
       Transportation  policies must be developed or improved to
    assure  that the impact of  pollution from  existing  moving
    sources is reduced to the minimum compatible with the needs
    of each region. Construction of urban highways and freeways
    may be required  to take second  place  to  rapid  and mass
    transit and other public transportation systems. Central city
    use of motor vehicles may have to be restricted.
       Fuel  policies must be developed to provide for use of clean
    fuels in urban areas. Development of  control technology for
    fuel combustion byproducts must be accelerated. Greater use
    of natural gas for electric power generation may be required.
    And, to the extent that low sulfur coal and oil are available,
    they may be required for generating stations and home heat-
    ing units in critical areas. Fuel import policies may need to be
    reevaluated.
If the Nation is to continue to  depend on individual  use motor
vehicles,  such  vehicles  must  meet  high  standards.  The  bill

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1192              LEGAL COMPILATION—Am

recognizes that a generation—or ten years' production—of motor
vehicles will be required to meet the proposed  standards. During
that time, as much as seventy-five percent of the traffic may have
to be restricted  in  certain  large metropolitan areas if health
standards are to be achieved within the time required by this bill.
  In the  Committee discussions, considerable concern was ex-
pressed regarding the use of the concept of technical feasibility as
the basis  of ambient air standards.  The Committee determined
that 1)  the health of people is more important than the question
of whether the early achievement of ambient air quality standards
protective of health is technically feasible; and, 2) the growth of
pollution load  in many  areas, even with application of available
technology, would still be deleterious to public  health.
                                                          [p. 2]

   Therefore, the Committee determined that existing  sources of
pollutants either should meet the standard of the law or be  closed
down, and in  addition  that new sources should be controlled to
the maximum extent possible to prevent atmospheric emissions.
   The committee also was concerned that public participation, a
unique feature of the Air Quality Act of 1967, should be preserved.
The national air quality standards  concept should not restrict
effective citizen action. Not only does the bill assure an opportun-
ity for a region to adopt  standards more  restrictive than the
national standard, but  public hearings on implementation plans
also must be held. More importantly, the committee believes that
public participation  should  not be limited to the development of
standards and plans.
   The proposed legislation emphasizes the need to accelerate en-
forcement action. To assure that Federal and  State agencies ag-
gressively pursue their  responsibilities and  to supplement their
capacities, the  bill provides a right of citizen  action to seek en-
forcement of the provisions of the act. Actions to abate violations
of  timetables,  of implementation schedules, of mission require-
ments, of  performance and emission standards  and of prohibitions
can be initiated by the  public.
   The bill would provide other important tools to protect  public
health and to assure effective implementation  of the purposes of
the Act. By providing authority to prohibit the emission of pollut-
ants which  present  a clear hazard to health,  the bill shifts the
burden of proof to the polluter to identify safe emission levels.
   Extensive research must be carried  out to accelerate  knowledge

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             STATUTES AND LEGISLATIVE HISTORY         1193

of pollution  effects  and  control methods.  New  motor  vehicle
engines must represent substantial improvements over existing
systems. The sale of fuels which would hinder effective, economic
emission control systems can be prohibited.
  Under the provision which would require mandatory licensing
of pollution control techniques, technology (not otherwise avail-
able) that is developed to control emissions from either moving
sources or new or hazardous sources would be available  to any
polluter.
  The extent  of Federal involvement  in the development and
maintenance  of  air pollution control  programs would be broad-
ened. The pace and degree of enforcement will be quickened.
  The bill, for the first time, would establish a Federal capability
to evaluate the  problems of environmental  noise and requires
legislative  recommendations to  the Congress.  While noise is not
an "air pollutant" in the classic  sense, it is  a growing environ-
mental problem which is national in scope and  requires intensified
evaluation and greater understanding. By authorizing the estab-
lishment of an Office of Noise Abatement Control, the bill would
provide the proposed Environmental  Protection Agency with a
capacity to deal  with this growing problem.
  The committee emphasizes that the  act, the deadlines proposed,
and the new programs authorized will be without meaning unless
supplemental manpower  (doubling present staffing of National
Air Pollution Control Administration) and supplemental funding
(an increase of  at least $44 million over the  present budget  re-
quest) are provided in this fiscal year.
  Failure by the Executive Branch to request and Congress to
approve these needed increases will  substantially impair imple-
mentation of this
                                                        [p. 3]

legislation and make both the executive and  legislative branches
subject to charges of lack of commitment.
  Within  a short period,  the pressures for additional staff and
funds will also be felt by the  States. Should the States  fail to
respond to that pressure, the  deadlines established  by the Act
would require broader Federal involvement in regional and State
programs.
  In sum,  this  bill would extend the Clean Air Act of 1963  as
amended in 1965, 1966, and 1967 to provide a much more intensive
and comprehensive attack on air pollution. It would establish that

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1194              LEGAL COMPILATION—AIR

the air is a public resource, and that those who would use that
resource  must protect it from abuse, to assure the protection of
the health of every American.

                          HEARINGS

  Following enactment of the Air Quality Act of 1967, the Sub-
committee on Air and Water Pollution held  13 days of oversight
hearings in  1968 and 1969 on the progress and  problems associ-
ated with the control of air pollution. The subjects covered included
interstate air pollution compacts, air quality criteria, and a field
hearing on air pollution problems in St. Louis,  Missouri. In ad-
dition, 2  days  of joint hearings  were held with  the Senate Com-
merce  Committee  on  alternatives to the  internal  combustion
engine.
  On  December 10, 1969, Senator Muskie introduced S. 3229, the
Air Quality Improvement Act and Senator Montoya introduced
Amendment No. 501 on fuels regulation on February 18, 1970.
The Administration bill, S. 3466, the Clean Air Act Amendments
of 1970,  was introduced by Senator Scott on February  18, 1970.
Senator  Muskie introduced S.  3546, the National Air Quality
Standards Act  on March 4, 1970. Subsequently,  11 days of hear-
ings were  held in  Washington,  D.C.  Three additional  days of
hearings were held in joint session with the Commerce Committee
on legislation related to low-emission alternatives to the internal
combustion engine (S. 3072).
  In total, the Subcommittee on  Air and Water Pollution held 15
days of oversight hearings in 1968 and  1969, and 15 days of legis-
lative hearings in 1970.

                    DISCUSSION OF INTENT

    SECTION 104. RESEARCH RELATING TO FUELS AND VEHICLES

  The Air Quality  Act  of  1967  provided  increased emphasis on
research relating to fuels and vehicles. This provision included
two special features not contained in the general research author-
ity of section 103 of that act. First, appropriated funds were to
remain available until expended, providing needed flexibility in
the planning and  scheduling of research and development  and
demonstration projects. Second,  a legal basis was established for
supporting demonstration projects involving the construction and
installation of pollution  control equipment in profit making facil-

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             STATUTES AND LEGISLATIVE HISTORY         1195

ities in order to gain maximum benefit from expertise in the
practical application of technology.
  The amendments to section  104  contained  in  the  bill, as re-
ported,  would provide increased emphasis on  (1)  fuel cleaning
prior to combustion; (2) new and improved methods  for  com-
busting fuels which result in decreased atmospheric emissions;
(3) methods for producing synthetic  or new fuels which have a
lower combustion potential for
                                                         [p. 4]

creating air pollution; and  (4) increased efforts to develop and
demonstrate alternatives to the internal combustion engine.
  The legislation also would provide authority to make fleet pur-
chases of low emission vehicles for research,  development, and
testing  purposes which would involve purchase of 300 or more
cars of a particular design, subject to actual operation and testing.
The National Air Pollution Control Administration has developed
a 6-year plan  (fiscal 1970 to 1975)  which contemplates expendi-
tures  of $89.1 million for the development of low-emission alter-
natives to the internal combustion engine. This plan includes both
the control of emissions from  conventional motor vehicles, and
the development of unconventional  low pollution motor vehicles.
New authority for  purchase of cars  for research, development,
and testing is intended primarily to facilitate this program.
  The current research  and development effort for controlling
emissions from stationary sources has emphasized flue gas treat-
ment and fuel cleaning (removal of contaminants from fuels be-
fore use). Increased emphasis should be placed on fuel cleaning as
a method for reducing atmospheric emissions.
  The Committee also intends that  increased emphasis be placed
on improving fuel combustion efficiencies. Although flue gas con-
trol technology offers a potential for improvement, the long-term
answers may lie in magnetohydrodynamics, fuel cells and other
energy conversion processes which emit less pollution per unit of
fuel or per unit of energy.
  The Committee recognizes that variations  in the choice of fuels
among  different regions may offer a  potential for reducing air
pollution  levels. However, fuels with  a minimal  adverse impact
on the environment—such as natural  gas and low sulfur  fuels—
may only be available in limited  quantities.  The bill therefore
would authorize the development and  demonstration of methods
to produce synthetic or new fuels for both stationary and moving
sources which will result in decreased atmospheric emissions.

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1196              LEGAL COMPILATION—AIR

  The bill would authorize $450 million to carry out the provisions
of this section: $125 million for fiscal year 1971; $150 million for
fiscal  year 1972; and $175 million for fiscal year 1973. Appropri-
ations at  that  level  could substantially accelerate the  nation's
capacity to reduce air pollution and to achieve and maintain high
ambient air quality.


SECTION 105. GRANTS FOR SUPPORT OF AIR POLLUTION PLANNING AND
                      CONTROL PROGRAMS

  The Committee expects that the grantmaking authority in sec-
tion 105 will be used  to make three-to-one support (three-to-two
in the case of  maintenance support) grants  available to  States
where the States are initiating or operating regional air pollution
control programs. The intent is to enable States to qualify for the
same  degree  of Federal support now available to intermunicipal
and interstate agencies engaged in regional air  pollution control
activities. State-operated regional programs should supplant mu-
nicipal or intermunicipal programs  only in those cases where it
is clearly advantageous, from  the standpoint of  effective air pol-
lution control and efficient utilization of resources.
                                                         [p. 5]

  There are a number of ways a State agency could establish such
regional programs, and States should  use their  own  administra-
tive and organizational  structure to achieve this  purpose in a
manner most suitable to their respective needs.  In at least one
State, Massachusetts, State   supported  regional  programs are
operating for the Boston and Springfield metropolitan areas. The
Federal grant support to these programs would, however,  be made
to the State agency which in  turn  would fund the regional  pro-
gram; the employees of such regional programs are to be  con-
sidered State employees.
  Acting under section 301 (a) of the Clean Air Act, the adminis-
tration has formulated a plan for  assigning  Federally-employed
personnel to State air pollution control agencies for periods of up
to two years. The purpose of  the plan is to help States build up
their manpower resources. After  a two-year assignment, each
Federal employee in  this program would be  available for State
employment, presumably in the  same agency to which  he had
been  detailed. The authority  for the  Department  to make such
personnel assignments would be retained; the additional provision

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             STATUTES AND LEGISLATIVE HISTORY         1197

in section  105 would authorize  the Department to make such
assignments in lieu of cash awards  under a grant.
  It is the intent of the Committee, that as a condition for Federal
grant support,  air pollution control  agencies either applying for,
or receiving such support shall  vigorously attack air  pollution
problems within their area of jurisdiction and effectively coordi-
nate their efforts with those of the  Federal air pollution control
program. In order to achieve such performance in programs re-
ceiving Federal support, the Secretary would be authorized to sus-
pend or deny such assistance until the performance of such pro-
gram is adequate.

         SECTION 106. INTERSTATE AIR QUALITY AGENCIES

  Section 106 of the 1967 act authorized Federal support of up to
100 percent of the costs  of interstate air  quality planning pro-
grams for 2 years in order to expedite the development of regional
control programs in  interstate areas. The  purpose of this pro-
vision  was  to provide a mechanism for planning in a coordinated
fashion throughout regions where, except for State  boundaries,
the problems of air quality control are common.
  It was hoped that planning agencies such as Councils of Govern-
ment and regional  planning commissions would be used.  These
agencies now function in some areas to provide consistency of ap-
proach between States and among local jurisdictions on a number
of common problems, and were  expected  to  perform  a similar
function  for air quality planning.
  The  Committee is disappointed that the  provisions of Section
106 have never been implemented, and that no interstate planning
agency has been activated. The success of future regional efforts
in air quality control requires sound  planning and coordination of
planning efforts on a comprehensive, regional basis. The bill, there-
fore, would retain the planning  provision,  but would delete the
authority for  the  Secretary to establish Federal regional com-
missions to plan for implementation  of air quality standards. The
rigid timetables proposed by this legislation would  obviate the
value of this authority.
                                                         [P. 6]

   SECTION 107. RESEARCH RELATING TO AIR POLLUTION EFFECTS

  The  Committee  believes increased research is needed on the
public health and welfare  effects of air pollution agents—particu-
    526-703 O - 73 - 3

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1198              LEGAL COMPILATION—AIR

larly long-term effects. This effort should be directed toward the
accelerated  development  of  more  comprehensive  air  quality
criteria.
  The protection of the public health and welfare requires defini-
tive knowledge of the causal relationships between exposure to air
pollution agents—singly or in combinations—and health or wel-
fare under varying environmental conditions. Knowledge of the
relationship between  the exposure to  many  air  pollution agents
and acute and chronic health effects is sufficient to develop air
quality criteria related to such effects.  Our knowledge of some
of the chronic effects involving  extended exposure over a period
of years is limited. Increased research activities should concen-
trate in this area.
  Concern for health effects must extend beyond "normal" seg-
ments of the population to effects on  the very young, the aged, the
infirm, and other susceptible individuals. Research efforts also
must be  directed toward improving knowledge of the  causal re-
lationships involving  impacts on socio-economic conditions, vege-
tation, and materials.
  The legislation would provide for an accelerated research pro-
gram to  improve knowledge  of the  contribution  of air pollution
agents to the occurrence of adverse effects on health.
  The Committee anticipates that attention  will be given to the
following areas:
       (1) The contribution of air pollution agents to the etiology
    of disease, including the health significance  of physiological,
    toxicological, and biochemical effects;
       (2) The additive and synergistic effects of exposure to air
    pollution agents;
       (3) The health and welfare significance of the storage and
    accumulation of air pollution agents and their metabolites in
    human organs and tissues;
       (4) The  influence of air  pollution  agents on the impair-
    ment of human functions, increased accidents or absenteeism;
       (5) The  contribution of age, ethnic,  social,  occupational,
    smoking and other factors to susceptibility to air pollution
    agents; and
       (6) The development of models to predict  the public health
    and welfare effects of exposure to air pollution agents, singly
    or in combination.
  The bill also would provide for the furtherance of knowledge
on welfare effects, including effects  on vegetation, animals, wild-

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              STATUTES AND LEGISLATIVE HISTORY         1199

life, buildings,  structures, and materials.  This research  effort
should extend into welfare effects and aesthetics in their broadest
definition, including the economy, visibility, weather, and climate.
  Because prospective studies on the long-term effects of air pol-
lution often extend beyond normal contract periods, and in order
to maintain  a continuity with  respect to such  epidemiological,
clinical,  and laboratory studies, the bill would  provide contract
authority for periods up to 10 years. For the purpose of carrying
out this  specific contract research, the bill provides an authoriza-
tion of $15,000,000.
  The ongoing research on health and welfare effects carried out
under section 103 should not be replaced, but should be supple-
mented by this
                                                          [P-7]

authority. It is  important that  health research activities author-
ized by this  Act supplement research in other agencies. Careful
evaluation of proposed research projects should precede funding
to avoid duplication.

           SECTION 108. AIR QUALITY CONTROL REGIONS

  The Committee intends that  the proposed  revision of the pro-
cedure for the designation of air quality control regions  will pro-
vide for early completion of this process.  The new provisions
would not eliminate the requirements for delineation of regional
boundaries on the basis of factors that have a significant bearing
on the implementation of air quality standards, such as meteor-
ological,  topographical,  and  urban-industrial factors which  in-
fluence the distribution and concentration of pollution agents.
  Ambient air standards designed to protect the health of persons
must be implemented throughout the  entire territory  of  every
State. However, to attempt to do so through application of a single
implementation  plan  for an  entire State would overlook the fact
that various sections of a State often may  require substantially
different emission control strategies. Each strategy must  insure
attainment of a quality  of ambient air designed to  protect  the
health of persons in all parts of the area to which the strategy is
applied.
  Accordingly, the bill would provide 90 days for the Secretary to
complete designation of air  quality control  regions in interstate
and  major intrastate air pollution problem areas. This period is
considered to be a sufficient time for completing the designation of

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1200               LEGAL COMPILATION—AIR

air quality control regions for the 91 areas already proposed for
such designation. It is also considered to be sufficient time for the
Secretary to designate additional air quality control regions cover-
ing interstate areas or any intrastate areas where there are major
air pollution problems associated with particular concentrations of
population and industry.
  It should be noted that this 90-day  period  would produce  no
delay in the establishment and implementation of  ambient air
quality standards, since it would coincide with the  period for the
promulgation of national ambient air quality standards for pollu-
tion agents for which criteria have been issued. Moreover, any
area of a State not included in an air  quality control region
designated by the Secretary during this  period would automatical-
ly be considered an air quality control region for the purposes of
the Act. In each State, the area not included in air quality control
regions designated by the Secretary could be subdivided by the
State into two  or  more air  quality control  regions. This  step,
which would take no additional time, would be accomplished as
part of the State's plan for implementation of the national air
quality standards and would be subject to review by the Secretary
at the time that implementation plans are submitted for approval.
  It should be emphasized  that the provision  for  subdivision of
States  into regions is included in the bill to insure that factors
bearing on effective implementation  of air quality standards such
as meteorology, topography, and urban-industrial concentrations
will take  precedence over  mere administrative convenience.  In
other words, while it is considered necessary that  areas  not cov-
ered by the Federal designation process shall be designated  as air
quality control regions without further delay, it is also considered
essential that States, in cooperation with the  Secretary, make a
determination as to whether
                                                         [p. 8]

such areas ought to  be subdivided  to  effectively implement air
quality standards.
  SECTION 109. AIR QUALITY CRITERIA AND CONTROL  TECHNIQUES

  This proposed legislation would require acceleration of the is-
suance of air quality criteria and  information on control tech-
niques  as  an integral part of the system for adoption of  ambient
air quality standards and implementation plans,
  Pollution agents which would be subject to the  provisions of

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             STATUTES AND LEGISLATIVE HISTORY         1201

this  section would be those which are  emitted from widely dis-
tributed air pollution sources and generally present in the ambient
air in all areas of the Nation.
  Air quality criteria for five pollution  agents have already been
issued  (sulfur  oxides, particulates, carbon monoxide,  hydrocar-
bons, and photochemical oxidants). Other contaminants of broad-
national  impact  include  fluorides, nitrogen oxides, polynuclear
organic matter, lead, and odors.  Others may be  added to this
group  as knowledge increases.  The bill would require that  air
quality criteria for these and other pollutants be  issued within
13 months  from enactment. If the Secretary subsequently should
find  that there are other  pollution agents for which the ambient
air quality  standards procedure is  appropriate, he could list those
agents in the Federal Register, and repeat the criteria process.
  Reports on control techniques, as under existing  law, would be
issued  simultaneously with the publication of criteria. The  Com-
mittee recognizes that the States will continue to need this infor-
mation to  develop  meaningful programs for implementation of
ambient  air quality standards on  a regional basis.
  The  Committee believes that criteria and control  technology
documents  shoud be periodically reviewed and re-issued to ensure
currency. In addition, control techniques information  should be
periodically modified to reflect information developed under sec-
tions 104 and 113.
  The Secretary would also be  required to issue information on
control techniques  for  air pollution agents for  which  emission
standards are  to be established under Section 114 and Section
115  and  for which new source standards of performance are to
be established under Section 113. It is expected that the Secretary
would  provide documentation, as appropriate, on the control tech-
niques, methods, processes, or systems  available  for the purpose
of complying with  such emission  standards or standards of per-
formance.
  The Committee does  not intend that the recommended control
techniques  documents should lock  in existing technology. As was
pointed out by Dr. Aaron Teller,  "the inhibition  of innovation is
the  most dangerous consequence  of this  language. Air pollution
control requires a new and unique technology."
  The Committee intends that the information provided pursuant
to this section should serve as guidance to States, not as limita-
tions on  control technology innovation.

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1202              LEGAL COMPILATION—Am

   SECTION 110. NATIONAL AIR QUALITY STANDARDS AND GOALS

  This section would provide for publication and promulgation of
national ambient air quality standards at a level which will pro-
tect the health of persons. In setting such air quality standards
the Secretary
                                                         [p. 9]

should consider and incorporate not only the results of research
summarized in air  quality criteria documents, but also the need
for margins of safety. Margins of safety are essential to any
health-related environmental standards if a reasonable degree of
protection is to be  provided against hazards which  research has
not yet identified.
  Following the publication of any proposed national ambient air
quality standard, the Secretary would provide up to 90 days for
the receipt and evaluation of comments. Since the issuance of air
quality criteria would  precede the promulgation of such national
standards,  and since expert advisory committees would continue
to be consulted in the preparation of air quality criteria, 90 days
is considered sufficient time for the presentation and evaluation
of additional information and opinions that  may have a bearing
on the national ambient air quality standards.
  Although the option of adopting ambient air quality standards
more stringent than the national  health minimum  for any  air
quality control region is  preserved for the States, the Secretary
would be required to set a national  minimum  standard  of  air
quality which  will protect the  health of  persons regardless of
where such persons reside. This mechanism  is recommended by
the committee  to expedite the establishment and implementation
of ambient air quality standards.
   In requiring that national ambient air  quality  standards be
established  at a level  necessary to protect the health of persons
the Committee recognizes that such standards will not necessarily
provide for the quality of air required  to protect those individuals
who  are otherwise dependent  on a controlled internal environ-
ment such as patients in  intensive care units or  newborn infants
in nurseries. However, the Committee emphasizes that included
among those persons whose health should  be protected by  the
ambient standard are  particularly sensitive citizens such as bron-
chial asthmatics and emphysematics who in the normal course of
daily activity are exposed to the ambient environment.  In estab-
lishing an ambient standard necessary  to protect the health of

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             STATUTES  AND LEGISLATIVE HISTORY         1203

these persons, reference should be made to a representative sample
of persons comprising the sensitive group rather than to a single
person in such a group.
  Ambient air quality is sufficient to protect the  health of such
persons whenever there  is an absence of adverse effect on the
health of a statistically  related sample of persons in sensitive
groups from exposure to the ambient air. An ambient air quality
standard, therefore, should be  the maximum permissible ambient
air level of an air pollution agent or class of such agents (related
to a period of  time) which will  protect the health of any group
of the population.
  For purposes of this description, a statistically  related sample
is the number  of persons necessary to test in order to detect a
deviation  in the health of any person within such sensitive group
which is attributable to the condition of the ambient air.
  Within  30 days after  enactment the  Secretary would be re-
quired to publish proposed national air quality standards for those
pollutants covered by existing  air quality criteria  (sulfur oxides,
particulate matter,  carbon monoxide,  hydrocarbons, and photo-
chemical oxidants).  Since these  criteria have been available for
some time, it is realistic  to expect that proposed national stand-
ards for these five pollution agents would be published within the
30-day period. Proposed national air quality standards for pollut-
ants for which criteria would be issued
                                                         [p. 10]

subsequent to enactment would be  published simultaneously with
the issuance of such  criteria. These pollutants would include nitro-
gen oxides, lead, polynuclear organics, odors, and  fluorides.
  National air  quality standards  are authorized because the Com-
mittee has recognized that protection of health is a  national prior-
ity, but the Committee  also recognizes that man's natural  and
man-made environment must be  preserved and protected. There-
fore,  the  bill  provides for the setting of national ambient air
quality  goals  at levels necessary  to  protect  public health  and
welfare from any known or anticipated adverse effects of air pol-
lution—including effects  on soils,  water, vegetation, man-made
materials,  animals,   wildlife,   visibility,  climate,  and  economic
values. To implement this provision the sections of existing law
relating to the  issuance of air quality criteria have been modified
to require that air quality criteria documents include, to the extent
practicable,  information  on any known or anticipated adverse

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1204               LEGAL COMPILATION—AIR

effects of air pollution, including such  effects on  all the environ-
mental  and economic  values  listed above.  Those  criteria  which
have been issued as well as those planned for January of 1971
must be revised to  include this information. Until such revisions
are made, the Secretary should publish interim guidelines to  as-
sist the States in developing plans for the implementation of goals.
  The  Committee is aware that there are many gaps in  the avail-
able scientific knowledge  of the welfare and other environmental
effects of air  pollution agents. As indicated in the discussion of
section 107, the Committee expects that  the Department will inten-
sify research on environmental and other economic effects of  air
pollution. A great deal of basic research will be needed to deter-
mine the long-term air quality goals which are required to protect
the public health and welfare from any potential effects  of  air
pollution. In  the meantime,  the  Secretary will  be expected to
establish such national goals on the basis of the best information
available to him.
  The  bill would not  require the  attainment of the air quality
goals within a specified time  period. Nevertheless, it is the Com-
mittee's  view  that  progress in this direction should be  made as
rapidly as possible. In  areas where air pollution levels are already
relatively low, the attainment  and maintenance  of these goals
should not require an extended time period. In areas where current
air pollution levels are already equal to, or better than, the  air
quality goals,  the Secretary should not approve any implementa-
tion plan which does not  provide,  to the maximum extent practi-
cable, for the  continued maintenance of such ambient air quality.
Once  such national goals are  established,  deterioration of  air
quality should not be permitted except under circumstances where
there is no available  alternative.  Given the various alternative
means of preventing and controlling air pollution—including  the
use of the best available control technology, industrial processes,
and operating practices—and  care in the selection of sites for new
sources, land use planning and traffic controls—deterioration need
not occur.

             SECTION  111. IMPLEMENTATION PLANS

  The  establishment alone of ambient  air  quality standards has
little effect on air quality. Standards are only the reference point
for the analysis of the factors contributing to air pollution and
the imposition
                                                         [p. HI

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              STATUTES AND LEGISLATIVE HISTORY          1205

of control strategy and tactics. This program is an implementa-
tion plan.
  The Committee recognizes that the implementation  plan is the
principal component  of control efforts for pollution  agents for
which national standards are established. It is this program which
must  be effective if the Nation is to achieve  the quality of air
which the bill would mandate in a relatively short period of time.
  The implementation plan provision in the bill has its origin in
existing law. The Committee recognized that because the proposed
bill would require a great deal in a short period of time  and be-
cause the brevity of the provision in existing law has led to uneven
and inadequate  interpretation, the character  of an implementa-
tion plan must be specified and the alternative methods of achieve-
ment  listed.  The Committee bill  would require  that  a rigorous
time sequence be met in the development of the implementation
plan and would provide for the substitution of Secretarial author-
ity if  the State plan,  or a portion thereof, is inadequate to attain
the quality of ambient air established by the nationally promul-
gated ambient air quality standard.
  The bill would provide that within nine months after the  date
of promulgation of any national ambient air quality standard,
each State  would have to adopt and submit to the Secretary for
each air quality control region or portion thereof  in  such State
a plan which would  provide for the attainment of the national
ambient air  quality standard within three years after the  date
of approval of such  plan,  or after the  date of  promulgation if
the Secretary established such plan or any portion thereof.
  The Committee bill, based upon experience gained under exist-
ing law, would  require that each  State,  after reasonable notice
and a public hearing, adopt a plan for the  implementation  of
standards at least as stringent as the national  ambient air quality
standards.  Any implementation  plan  could be developed for a
region only after participation  by the public. Public participation
can only be meaningful if there is reasonable notice and full dis-
closure  of information prior to public hearings. The  Committee
expects that appropriate Federal, State, and local officials,  citizens
and affected industry  groups will consider the  development of the
implementation  plan  the  central  element of  this aspect of  the
legislation.
  The Committee bill would establish certain tools as potential
parts  of an implementation  plan and would require that emission
requirements be established by each State for sources of  air pol-

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1206              LEGAL COMPILATION—AIR

lution agents or combinations of such agents in such region and
that these emission requirements be  monitored and enforceable.
  In addition to direct emission controls, other potential parts of
an  implementation plan include land use and air and  surface
transportation controls. These should insure that any existing or
future stationary source of air pollution will be located, designed,
constructed, equipped, and operated, and that moving sources will
be located and operated so as not to interfere with the implemen-
tation,  maintenance,  and  enforcement  of  any  applicable  air
quality standard or goal.
  The Committee acknowledges that this would require each
region to make  difficult judgments about the siting of facilities
which may emit pollution agents, including decisions to prohibit
Section  113, would con-
                                                        [p. 12]

tribute  to  a violation  of regional air quality standard. These
factors would necessitate long-term decisions about the character
of the growth and development of such region.
  In air quality control  regions where present air quality is below
the standard,  rigorous  restrictions must be  placed  on existing
sources  to provide a margin for future growth, or only pollution-
free growth, development and  expansion will be possible.
  This section would also provide for intergovernmental coopera-
tion in  the development of air quality  programs which at  the
minimum must prevent facilities in one State  from contributing
to the violation  of ambient air quality standards  in an adjacent
State, whether or not the adjacent State  is part of the same air
quality control region.
  The Committee has  added  provisions that would  require  the
States to develop enforceable information,  recordkeeping, and
monitoring  requirements  similar to  those which the  Secretary
would be authorized to  establish in the bill.
  The Committee recognizes that during the next several years,
the attainment of required ambient  air quality in many of  the
metropolitan regions of this  country will be impossible if  the
control  of pollution from moving sources  depends  solely on  emis-
sion controls. The Committee does not intend that these areas be
exempt  from meeting the standards. Some regions may have to
establish new transportation  programs  and systems  combined
with traffic control regulations and restrictions in order to achieve

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             STATUTES  AND LEGISLATIVE HISTORY         1207

ambient air quality standards for pollution agents associated with
moving sources.
  The Committee realizes that changes or restrictions  in trans-
portation systems may impose severe hardship on municipalities
and States, and it urges  that agencies of the Federal Government
make available any relevant program assistance to the States and
regions to meet these obligations. The highway program, various
housing and urban development programs and other sources of
assistance should  be examined in this connection.
  The implementation plan section  of  the proposed bill would
specifically provide that, to the extent necessary,  each region de-
velop motor  vehicle inspection and testing programs for which
it is eligible to receive assistance under section 208 of the proposed
bill. The Committee believes that this is an extremely important
provision, because used vehicles, particularly those manufactured
before 1970,  are among  the most significant sources of  air pollu-
tion. It is also a class of air pollution sources for which the regions
and States have better opportunities  to control.
  In considering alternative means of controlling emissions of air
pollution agents from used vehicles, the Committee was  unable to
develop a feasible national system. The Committee rejected ideas
ranging from the imposition of a  retroactive installation  obliga-
tion on automobile manufacturers to  a Federal subsidy  program.
  Section 211 of the Act provides  for Secretarial certification of
used car emission  control devices and systems in order to protect
the public from sham or inadequate devices and systems. Follow-
ing the certification of such devices, the regions and States would
be encouraged in the development  of implementation  plans to
adopt requirements for the installation of such devices. The Com-
mittee believes at  this time that regulations relative to the retro-
active application of emission control  devices and methods is man-
ageable only at the State and regional
                                                        [P. 13]

level and expects  and hopes that the regions and States will be
innovative in this area.
  As  pointed out  in the discussion of section 211, used vehicles
contribute substantially  to  air  quality deterioration. The States
would be expected to act to improve used vehicle performance and
should consider requiring the installation of certified control de-
vices  or systems  or, at least,  the tuning of used  vehicles before
resale.

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1208              LEGAL COMPILATION—Am

  Under this Section the Secretary would be required to approve
the implementation plan only if it specified the boundaries of the
region to which such plan applies. This requirement is necessary
to provide  review of  the adequacy of implementation plans for
regions which the Governor may have sub-divided pursuant to
the air control region  designation provisions of section 108.
  In order  to insure achievement of air quality necessary to pro-
tect the health of persons within the  period  specified in the bill,
time constraints would be placed  on the Secretary's review and
approval authority. The bill recognizes that the  Secretary must
have the authority to replace all or any portion of any implementa-
tion plan submitted by a State where attainment of the nationally
ambient air quality  standard within  the  time required is  not
provided. The bill would provide that the Secretary must approve
or reject any implementation  plan submitted by a State within
four months of the date required for its submission.  If he rejected
the plan or any portion of it he  would have to promulgate  an
alternative plan  or  portion thereof  within  an  additional two
months.
  The Committee recognizes that pursuant to provisions of the
1967 Act many States are developing or have developed imple-
mentation plans for designated air quality control regions. To the
extent possible these plans should not be disrupted. Therefore, the
bill would specifically  provide that implementation plans and am-
bient standards developed under existing law shall remain in effect
until such time as the Secretary determines that all or any portion
of such standards or plans are inadequate to meet the new obliga-
tions placed upon these regions. If the Secretary  made such a
determination, he would be required to make recommendations to
the appropriate  State or States of changes  needed to meet the
additional requirements of the Act. If such State  or States failed
to make the proposed revisions in existing implementation plans,
the Secretary would  be required to  promulgate the necessary
changes.
  The Committee also recognizes that it is possible that an imple-
mentation  plan approved or promulgated by the Secretary may
later  be found inadequate  to attain  the  national  ambient air
quality standard (s). Whenever  information  reveals that an ap-
proved  or  promulgated implementation  plan is  inadequate, the
Secretary would be required to  act to revise such plan. Because
such revision may delay implementation beyond the three  year
deadline the Committee bill would provide that the Secretary may

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             STATUTES AND LEGISLATIVE HISTORY         1209

extend the period of time required for attainment of the national
ambient air quality standard for one year.
  Finally,  the Committee would recognize that compliance with
the national ambient air quality standards deadline may not be
possible. If a Governor judges that any region or regions or por-
tions thereof within his State will not meet the national ambient
air quality  standard within the time provided,  the  bill would
authorize him—one year
                                                        [p. H]

before the deadline—to file a petition against the United States
in the District Court of the United States for the district where
such region or portion thereof is located for relief from the effect
of such expiration.
  The Committee  proposes  to have such  actions brought before
the District Court constituted as  a three-judge court with such
actions taking precedence on the docket over  all  other causes
and directing that they  be expedited in every  way.
  The Committee expects  that  an extension of  time  would be
granted only as  a  last alternative. Therefore,  the  bill would pro-
vide that the court could grant relief in the  paramount interest
of the United States and in the public interest and general welfare
of the persons in such region only after finding that substantial
efforts had been made  to protect the health  of persons in such
regions, and that means to control emissions causing or contribut-
ing to the  failure had  not been available for sufficient time or
that the failure was a result of a Federal facility operating under
an  exemption granted by the President. The bill would restrict
relief to one-year extensions of the deadline. Nothing in this sub-
section should affect any provision or obligation pursuant to any
implementation  plan which  is not the subject of the request for
extension. The Secretary would be required to make changes in
the implementation plan to bring the region into compliance with
the applicable standard or standards  within  the  year  extension
granted by the court.
  The severe time limitations in the bill for filing an implementa-
tion plan for ambient air quality standards may limit the capacity
of States to act simultaneously on plans for national ambient air
quality goals. The bill  would  provide that the  Secretary may
extend for 18 months the period for submission  of any portion
of any implementation plan.  The development of the portion of the
implementation plan for the achievement of an air  quality goal re-

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1210              LEGAL COMPILATION—Am

quires different and more extensive analysis than  that required
to establish an implementation plan to achieve national ambient
air quality standards. Therefore, the Committee bill would pro-
vide an additional period for such development for those regions
where it is needed.

 SECTION 112. STATE STANDARDS AND PLANS TO ACHIEVE GREATER
                     AIR QUALITY CONTROL

  Section 112 would restate the intent of Section 109  of the Air
Quality Act of 1967 which provided assurance that States, local-
ities, intermunicipal and interstate agencies may adopt standards
and plans to achieve a  higher level of ambient air quality than
approved by the Secretary. The section would be revised to pro-
vide that such  States,  localities,  intermunicipal and interstate
agencies may adopt such more restrictive standards and plans and
may establish timetables which achieve standards in a shorter
period of time than required by  Section  111  of this Act. The
authority preserved by  this section would apply to all aspects of
the legislation except where the Congress has specifically pre-
empted authority to act.

       SECTION 113. NEW SOURCE PERFORMANCE STANDARDS
  The provisions for new source performance standards are de-
signed to insure that new stationary sources are designed, built,
equipped, operated, and  maintained so as to reduce emissions to a
minimum.
                                                        [p. 15]

The performance  standards  should be met through application
of the latest  available  emission  control technology or  through
other means of preventing or controlling air pollution.  The maxi-
mum use of available means of preventing  and controlling air
pollution is  essential to  the elimination of new pollution problems
while cleaning up existing sources.
  As used in this section, the term "available control technology"
is intended to mean that the Secretary should examine  the degree
of emission  control that has been or can be achieved through the
appication of technology which is  available  or normally can be
made available. This does not mean that the technology must be in
actual, routine use somewhere. It does mean that the  technology
must be available at a  cost and at a time which the Secretary

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             STATUTES AND LEGISLATIVE HISTORY         1211

determines to be reasonable. The implicit consideration of eco-
nomic factors in determining whether technology is "available"
should not affect the usefulness  of this section. The overriding
purpose of this section would be to prevent new air  pollution
problems, and toward that end, maximum feasible control of new
sources at the time of their construction is seen by the committee
as the most effective and,  in the long run, the least expensive ap-
proach.
  Major  new facilities such as electric generating plants, kraft
pulp  mills,  petroleum refineries,  steel  mills, primary smelting
plants, and  various  other commercial  and industrial operations
must be controlled to the maximum practicable degree regardless
of their location and industrial operations.  It should be empha-
sized, however, that  these examples are not  intended to limit the
Secretary's  latitude  in prescribing  new  source standards per-
formance. While the examples cited are relevant examples of
sources which would be subject to this provision, the Secretary
would be expected to test and prescribe standards for any other
categories of major  stationary  sources  from  which emissions
would cause or contribute to endangerment  of public health  and
welfare. New stationary  sources  which the administration  has
advised the committee to expect would be subject to the provisions
of this section to include:
      Cement manufacturing;
      Coal cleaning  operations;
      Coke byproduct manufacturing;
      Cotton ginning;
      Ferroalloy plants;
      Grain milling and handling operations;
      Gray  iron foundries;
      Iron and steel operations;
      Nitric acid manufacturing;
      Nonferrous metallurgical  operations  (e.g. aluminum re-
        duction, copper,  lead,  and zinc smelting) ;
      Petroleum refining;
      Phosphate manufacturing;
      Phosphoric acid manufacturing ;
      Pulp and paper mill operations ;
      Eendering plants (animal matter);
      Sulfuric acid manufacturing;

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1212              LEGAL COMPILATION—Am

      Soap and detergent manufacturing;
      Municipal incinerators; and
      Steam electric powerplants.
                                                        [p. 16]

  The Secretary has authority to add to this list if he finds that
other new sources fall within  the requirement of this section.
  "Standards of performance," a term which has not previously
appeared in the Clean Air Act, refers to the degree  of emission
control which can be achieved through process changes, operation
changes, direct emission control, or  other methods. The Secretary
should not make a technical  judgment as to how the standard
should be implemented. He should determine the achievable limits
and let the owner or operator determine the most economic, accept-
able technique to apply.
  The bill contains provisions for certification of compliance with
new-source performance standards. It should be emphasized that
the bill  would provide for certification at  the time a new facility
begins operation, not prior to operation. The complexities of pre-
dicting  emissions  performance  on  the basis of blueprints and
specifications  make it undesirable to provide for preconstruction
certification.  However, preconstruction review of proposed  plans
for new facilities is desirable, since it would enable the Secretary
(or States, where certification authority  is delegated) to render
advice and assistance to affected parties without making a com-
mitment to  grant certification. More  importantly, standards
of performance imply a  result, not a technical judgment. There-
fore, preconstruction certification would be inconsistent with this
approach.
  Industrial firms would be required to increase efforts to insure
that new plants and equipment perform  in accordance with the
promises and commitments made by plant designers and equip-
ment builders. New-source  standards would thus provide maxi-
mum incentives to expand technology to insure adequate margins
of safety.
  The committee recognizes that the construction of major new
industrial facilities in some regions may conflict with implementa-
tion plans  for national  air quality standards  and goals—even
where such new  facilities  are designed, equipped, and operated
so as to  comply with applicable Federal standards of performance.
This is most  likely to occur in places where existing levels of air
pollution are excessive. Accordingly, the  bill would provide that

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             STATUTES AND LEGISLATIVE HISTORY         1213

new-source certification procedures must include preconstruction
review of the location as well as the design of affected new facili-
ties  so  that certified new sources would not hinder the imple-
mentation of air quality standards and goals.
  Standards of performance should provide an incentive for in-
dustries to  work toward constant improvement  in techniques
for preventing  and controlling emissions from stationary sources,
since more effective emission control will provide greater latitude
in the selection of sites for new facilities. Therefore, it should be
clear that  standards  of  performance  are  not static. The  Sec-
retary would be directed to  review and promulgate new or modi-
fied  standards  whenever  new technology processes or operating
methods become  available.  When sufficient  staff  and funds  are
available, the review and modification  should take place as fre-
quently as  possible to  avoid having new plants comply with out-
dated standards.
  New  stationary sources subject to  standards of performance
established under this  Act would be expected to be in compliance
with those standards throughout their operational life. If greater
control  of stationary source emissions is necessary  at any time
to insure compli-
                                                        [p. 17]

ance with air quality standards in a particular air quality control
region,  the bill would  require that new requirements be imposed
by a State or  locality on any sources in that region, including
those sources already  built  and operated in  compliance with the
Federal standards of  performance. In such  instances,  however,
it is expected that States would allow a reasonable time for im-
provements to be made.
   Finally, it should  be noted that the  bill would require the Sec-
retary to delegate the certification function to any  State which
adopts a certification procedure which the Secretary finds meets
the requirements set forth in this section. It is expected that every
effort will be made to have States assume this responsibility.
  Some States, however, may have to adopt new legislation to
meet the requirements of section 113 (d) (1). The Committee sees
no reason why the Secretary should not permit a State to per-
form as much of the work involved in certification  as it can under
its existing State law until such  time as the State  has adopted
the  necessary enabling legislation. It  should be clear that when
certification authority is delegated, the  Secretary would retain
    526-703 O - 73 - 4

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1214              LEGAL COMPILATION—Am

unrestricted enforcement authority.  However, it is expected that
the Secretary would take enforcement action only where a State
does not meet its obligations.

     SECTION 114. EMISSION STANDARDS FOR SELECTED AGENTS

  Knowledge and experience gained  under the Air Quality Act of
1967, particularly through the development of criteria documents,
has revealed  that  pollution agents and  combinations of  such
agents fall into three general categories.  The first of these cate-
gories are those pollution agents which are emitted from diverse
stationary and moving sources into the ambient air and  which are
generally  detectable  through monitoring devices and systems.
These pollution agents are those for  which the criteria documents
are to be issued and for which national ambient  air quality stand-
ards and implementation plans are to be established.
  The second category  of air  pollution  agents includes those
which are hazardous to  the health of persons as defined in sec-
tion 115.
  The third  category of pollution agents includes those  agents
which are not emitted in such quantities or are not of such a char-
acter  as to be widely  present  or readily detectable on  a con-
tinuous basis  with  available  technology in the  ambient air. The
presence of these agents is  generally confined,  at  least for de-
tection purposes, to the area of the emission source. The  infor-
mation  available at this time  indicates  that the following list
of substances are most likely to be considered  as the  agents to
be covered under this section:
      Arsenic, chlorine gas, hydrogen chloride,  copper,  man-
    ganese, nickel, vanadium, zinc, barium, boron, chromium,
    selenium, pesticides, radioactive  substances.
  The bill  would limit  the imposition of  emission standards for
these  selected air pollution agents to those categories of station-
ary sources which are subject to standards of performance under
section 113. Available information indicates that these pollution
agents are generally emitted from the stationary sources that
would be subject to performance standards.
  The Committee recognizes  that the  timing  of the control of
such pollution agents should be left to the discretion of  the Secre-
tary. It is
                                                         [p. 18]

expected that knowledge with respect to some  selected pollution

-------
             STATUTES AND LEGISLATIVE HISTORY         1215

agents would justify immediate application of emission standards,
while knowledge with respect to others may not justify the same
urgency. Therefore, the bill would establish a framework which
would provide  that the Secretary may initiate the development
of emission standards for .such selected pollution agents at any
time following the date of enactment. In any event, the Secretary
would be required  to publish an initial list of agents for which
a control under this authority is  appropriate  within 180 days
after enactment of this section. It is expected that the Secretary
would select for earliest  action those  agents on the list which
clearly affect the public health. The Committee intends  that  the
Secretary establish a sequence  for the setting of emission stand-
ards for the remainder over the next several years.
  However, the Committee emphasizes that some pollution agents
included in this  list could  become subject to  the ambient  air
quality standards  or hazardous substances provisions when new
information is developed.
  Emission standards  developed  under  this  section would  be
applied to existing stationary  sources. However,  the  Committee
recognizes that certain  old facilities  may  use  equipment and
processes which are not suited to the application  of control tech-
nology. The Secretary would be authorized therefore to waive  the
application of  standards  established under this section  to such
stationary sources  which  have  short life   expectancies  after
requiring the application  of the maximum technology which could
be applied to such facilities  and after determining that continued
emissions would not jeopardize public health.
  The bill  would  provide  that  emission  standards  established
under this section  shall become effective  on a date specified  but
not to exceed 24 months from the date  of such  promulgation.
   Consistent with the provisions of other sections,  owners  and
operators  of  stationary  sources  to  which  emission standards
would apply would be responsible for furnishing  information
relating to emissions, and be required  to install, use and  maintain
monitoring equipment for the purpose of determining compliance
with emissions standards. Costs of such monitoring equipment or
methods should be borne by the owner or operator.
   In this section  the bill also would  incorporate provisions
designed to acquire and make available to the public information
regarding compliance with the  applicable emission standards. The
Committee believes that  the public right to  know what is being
emitted overrides the proprietary character of  such information.

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1216               LEGAL COMPILATION—Am

The committee intends that information other than emission data
should be confidential only  after a  showing by  the  owners and
operators that such records, reports or infornation would divulge
trade secrets or secret processes  entitled to protection  under
section 1905 of Title 18 of the United States Code.
  The bill would provide that violations  of emission  standards
established under this  section be enforced through the general
enforcement  provisions of section  116. However, it is provided
that the Secretary  should delegate  enforcement authority to any
State which develops an enforcement framework which the Secre-
tary  determines  adequate  to  implement  the  purposes of this
section. It should be noted that nothing in such delegation shall in
any way affect the Secretary's authority and  obligation to act
at any time to enforce violations of such emission standards.
                                                         [p. 19]
    SECTION 115. EMISSION STANDARDS FOR HAZARDOUS AGENTS
  The proposed new section 115 would authorize the Secretary to
prohibit  emissions  or to  establish  standards  applicable  to
emissions of air pollutants "whose  presence, chronically or inter-
mittently, in  trace concentrations in the ambient air, either alone
or  in combination  with other agents, causes or will cause,  or
contribute to, an increase  in mortality or an increase in serious
irreversible or incapacitating reversible damage to health."
   On the basis of information presented to the  Committee, it is
clear that the  above definition will encompass a limited number
of  pollutants. Asbestos, cadmium,  mercury, and beryllium have
been  identified as  pollution agents which  could  be  subject to
emission prohibitions or standards to be established under section
115.  It  would  be  the Secretary's  responsibility to  determine
whether there are  additional pollutants (including any of those
expected to  be subject to section 114)  which  also  should  be
covered  under section 115.
   In  writing  a relatively  restrictive definition  of  hazardous
agents,  the  Committee recognized that a total prohibition  on
emissions is a step  that ought to be taken  only where a danger to
health, as defined, exists. It should be  noted that emission  stand-
ards  for pollutants  which  cannot be  considered hazardous  (as
defined  in section  115) could be established under section 114.
Thus, there  should be no  gaps in control  activities  pertaining
to stationary source emissions that pose any significant danger to
public health or welfare.

-------
             STATUTES AND LEGISLATIVE HISTORY         1217

  This  section,  would establish an administrative  procedure to
regulate and control  the  emission  of  such  hazardous materials.
Under  this procedure, the  Secretary would  be authorized to
designate from time to time those air pollution agents or combina-
tions of agents which present a hazard to the health of persons
as indicated by available material evidence. Following designation
the Secretary would be required to publish a proposed prohibition
of emissions of such agents or combination of such agents from
any stationary source.
  The Committee recognizes that some of these hazardous  pollut-
ants, such  as cadmium and beryllium, are  present  in nearly all
raw materials.  Thus, beryllium and  cadmium appear as trace
impurities  in steel  making and other  raw material  processes, in
addition to the processing at  beryllium  and cadmium  plants.
Recognizing that complete control of beryllium from steel  plants,
for example, may not be necessary  or  practicable, the Committee
has provided the Secretary with authority to differentiate  among
categories  of sources  in establishing  prohibitions under section
115.
  After public hearings and within six months of the publication
of such proposed prohibition, the Secretary would be required to
promulgate such prohibition, unless he found  on the basis of a
preponderance of the  evidence, that the air pollution agent was
not, in fact, hazardous to the health of  persons—or that a greater
than zero emission could be permitted without presenting a hazard
to health.
  The  bill  would  provide that any  prohibition  should become
effective upon promulgation and that any emission standard for a
hazardous substance established under this section should become
effective no later than 180 days after such promulgation.
  The  Committee recognizes that the  violation of a prohibition
or emission standard for any substance which is hazardous to  the
health of persons requires an expeditious enforcement procedure.
Conse-
                                                        [p. 20]

quently, the bill would provide that upon evidence of any viola-
tion the Secretary  should bring suit  for immediate abatement,
including a permanent injunction  or  restraining order,  in  the
United States District Court in the District in which the  source
is located.

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1218              LEGAL COMPILATION—Am

              SECTION 116. FEDERAL ENFORCEMENT

  The Clean Air Act as amended recognizes that the primary
responsibility for control of air pollution rests with State and
local government. While section 116 would restructure the enforce-
ment authority available to the Secretary, the Committee does not
intend to diminish  either the authority or the responsibility  of
State and local governments. As is clear in sections 111, 113 and
114 the States would be expected to have or to obtain adequate
authority to  ensure  that the provisions of the  act are enforced.
  The Committee recognizes, however, that the authority available
under  existing law  has not been  adequate  to move quickly  to
abate violations  of  standards.  The  Committee also recognizes
that the  provisions of existing law, although  less than adequate,
have  not been used to the fullest extent practicable. The new
authority provided  in section  116 would provide the Secretary
with the necessary  tools to  act swiftly  to abate violations of the
provisions of this Act. The Secretary should not interfere with
effective  State action and  should take  into  consideration any
recommendations for abatement action  which have resulted from
existing enforcement procedures.
  If the  Secretary  should  find that a State  or local pollution
control agency is not acting to abate violations of implementation
plans  or to  enforce  certification  requirements,  he  would  be
expected to use the full force of Federal law.  Also, the Secretary
should apply the penalty provisions of this section to the maximum
extent necessary to  underwrite the strong  public  demand  for
abatement of air pollution  and to enforce compliance with the
provisions of the Act.
  If the Secretary and State  and local  agencies should  fail  in
their responsibility,  the public would be  guaranteed the right to
seek vigorous enforcement action under the citizen suit provisions
of section 304.
  Because attainment  of  ambient  air  quality  is possible only
through  the  enforcement of precise and objective emission con-
trols  the Committee bill would delete  the enforcement require-
ment for the abatement of violations of the air quality standard.
The precise and objective emission controls  "subject to enforce-
ment" would include but not be limited to emission requirements,
emissions standards, standards of performance, prohibitions  of
emissions, schedules and  timetables  of  compliance and other

-------
             STATUTES AND LEGISLATIVE HISTORY         1219

requirements for recordkeeping and the installation of monitoring
equipment.
  The  bill would  also delete the  cumbersome  conference  and
hearing procedures in  the existing law. Such administrative pro-
cedures were appropriate when criteria did not exist and when
evidentiary-gathering  devices were needed  to relate pollution  to
ambient air quality. The new formula proposed would authorize
the Secretary to issue orders requiring the abatement of any
violation  of any performance standard, emission standard,  or
implementation  plan,  including violations  of  emission require-
ments  and  schedules  of compliance. The  Secretary would  be
authorized to issue such  an order  when  he  determined  that
                                                        [P- 21]

a State had not satisfactorily administered its enforcement au-
thority under its implementation plan or when there was a viola-
tion of Federal standards.
  In view of the need  for streamlined and expedited enforcement
procedures,  the Committee  intends  that  the judgment  of the
Secretary in this instance  shall  not be reviewable.
  In the  event  that the violation  alleged  were of an  emission
control requirement,  the time  specified in such order  for the
initiation  of abatement action could not exceed 72 hours from the
time such order was received. The Secretary would be required
to  furnish  copies  of abatement  orders  to appropriate  State
enforcement personnel. In the event an order were  issued  to a
corporation, the orders should also  be served to appropriate
corporate officers.
  Any order issued by the  Secretary should  remain in  effect until
such time as the  Secretary determines that  the violation  no
longer exists and gives written notice  of such determination to the
violator. The Secretary would have  an obligation to review efforts
taken  pursuant to any order to assure that  the  order will  be
withdrawn when compliance is achieved.
  If any order  issued by the Secretary is not met within the  time
specified,  or if the efforts to abate a violation are unsatisfactory,
the Secretary would  be authorized  to  bring  a civil  action for
appropriate relief, including a permanent or temporary injunction
or restraining  order, in the District  Court of the  United States
for the district in  which  the  alleged violation occurred or  is
occurring. Failure or  refusal to comply with an order would  be
punished, upon  conviction, by a  fine of not more than  $25,000.

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1220               LEGAL COMPILATION—AIR

  The Committee recognizes that an owner or operator who is
issued a compliance  order  by the Secretary  should  be able to
challenge  such an order without  being required to  refuse  to
comply with it, thus  risking criminal and civil penalties.  There-
fore,  the bill  provides that  voluntary  compliance  would  not
preclude the owner or operator from initiating an action in the
Federal district court to challenge such an order.
  In  addition to  providing  for enforcement of promulgated and
approved  standards,  implementation plans, and  other emission
controls, the bill  would authorize the enforcement of correlative
and necessary procedural requirements  such as  furnishing  or
providing access  to information, data and  reports, and require-
ments for the installation of monitoring  equipment, or denial of
access to copying of records. The expense of installing monitoring
equipment  required by  the  Secretary  would be  borne by  the
owner or operator of any pollution source. The Secretary would
also  be  given authority to  make investigations of  buildings,
structures,  monitoring  equipment  or other facilities subject to
emission requirements,  emission  prohibitions, and waivers  of
structures,  monitoring, equipment  or other facilities subject to
standards of performance as established under the Act. Authority
to enter after presentation  of proper credentials would be pro-
vided.
  The Committee recognizes  that  sanctions under existing law
have  not been sufficient to encourage compliance with the provi-
sions  of the Clean Air Act. Therefore, the Committee proposes to
increase significantly the  penalties  for knowing violations  of
provisions of the  Act. A conviction  for a knowing violation would
be  subject to a penalty of $25,000  per  day or imprisonment for
one year or both.
                                                        [p. 22]

  If  conviction is for a second  knowing violation,  the  penalty
could  be increased to  $50,000 per day  of the violation or by
imprisonment for two years or both. In  addition,  civil penalties
would be added for knowing violation of the procedural require-
ments of the Act  such as recordkeeping, report filing, information
availability  or falsifying, tampering with, or rendering inaccurate
monitoring devices.
  The Committee  believes  that if  the timetables established
throughout the Act with respect to  ambient air quality standards
necessary to protect  public health are  to be met, the threat of

-------
             STATUTES  AND LEGISLATIVE HISTORY          1221

sanction must be real, and enforcement provisions must be swift
and direct. Abatement orders, penalty provisions, and rapid access
to the Federal  District Court should accomplish the objective of
compliance.

   SECTION 118. CONTROL OF POLLUTION FROM FEDERAL FACILITIES

   This section  would require every Federal agency with control
over any activity or real property, to provide national leadership
in the control of air pollution in such operations.
   Evidence received in  hearings disclosed  many incidents  of
flagrant  violations  of air and  water  pollution  standards by
Federal  facilities. The Committee believes that lacK of  Federal
leadership has  been detrimental  to the  clean air effort.  The
Federal Government cannot expect private industry to abate pol-
lution if the Federal Government continues to pollute at will. This
section requires that Federal facilities meet the emission stand-
ards necessary to achieve ambient air quality standards as well
as those established in other sections of Title I.
   The Committee  recognizes,  however, that it may be  in the
paramount interest  of the United States that a plant or facility
not achieve full air pollution control within the time required.
Therefore, the bill would provide plant-by-plant exceptions, on the
basis of a statement by the President, for a period of no more
than  one year.
   New one-year extensions could be granted on the basis  of  a
subsequent statement by the President.  The President would be
required to report each  January to the Congress  on any  such
exception during  the  preceding year, together with a detailed
explanation of  the need  to grant such exceptions.
   No exception could  be granted due to lack of appropriations,
unless the Congress specifically  rejected  a request for funds that
appeared as a line item in the Budget request.

           SECTION 202. ESTABLISHMENT OF STANDARDS
   Title II of the Clean Air Act  has been revised to provide addi-
tional  authority to the Secretary to regulate sources of pollution
which move or may  move  in interstate  commerce,  or  which
contribute to  endangerment of the health  and welfare of the
people of the United States.
  With the exception of the statutory determination set forth in
section 202 (b)  which requires that the automobile, the major

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1222               LEGAL  COMPILATION—Am

moving source of pollution, meet a  rigid timetable and  a high
degree of emission  control compliance, the Secretary would be
provided flexibility  to act to  abate emissions from new  and
existing  aircraft, new and existing  vessels  and boats, new  and
existing diesel engines for  railroads, and new and existing trucks
and buses and other commercial vehicles.
                                                         [p. 23]

  The existing law requires the Secretary to establish standards
on the basis of economic and technological  feasibility. The pro-
posed bill would require the Secretary to make a judgment on the
contribution of moving  sources to deterioration of  air  quality
and  establish  emission  standards  which  would  provide  the
required degree of control. The Secretary is expected to press for
the development and application of  improved technology rather
than be limited by that which exists. In other words, standards
should be a function of the degree of control required,  not the
degree of technology available today.
  The regulatory authority in section 202 (a) would  be essentially
the same as  existing law, except that prior to  promulgating
standards the Secretary would be required to consult  with advisory
committees  and other technically competent  groups, to the maxi-
mum  extent practicable,  to develop  the broadest  possible base
for the development of standards.
  The authority contained in section  202 is expanded  by  this
bill to include  authority to set  air pollution emission standards
for aircraft, vessels, commercial vehicles, and vehicles  such as
locomotives  and self-propelled agricultural equipment. Under this
new  authority emissions  standards  may be set  for new  and
existing  commercial vehicles, vessels, and aircraft.
  Standards for vessels and locomotives are appropriate  because
their  use characteristically involves interstate travel, with large
numbers of them congregating in ports  and yards  in  or near
areas of  high population and air pollution concentration.
  A  similar problem of  concentration  exists with regard to
aircraft.  While operations  of aircraft  at  major airports do not
make a significant contribution to total ambient levels of pollution
in urban areas, they pose  a serious problem in  the vicinity of
such airports.
  Based  on  emission characteristics of  aircraft engines presently
in use, increased ambient levels of nitrogen oxides and particulates

-------
             STATUTES AND  LEGISLATIVE HISTORY         1223

in the vicinity of an airport with about 2 million operations a year
will result from air traffic alone.
  The authority provided in  section 202 (a) would continue to be
available to the Secretary to establish standards for light  duty
motor vehicles (passengar cars)  during the period prior to  and
following the  effective  date of  the standards  established  by
subsection  (b).
   It is expected that  section 202(a) authority would be used for
regulation  of  particulate emissions.  No present  measurement
techniques exist to evaluate or establish standards for such par-
ticulate emissions. Such standards cannot be established on the
basis of 1970  vehicles as required  by subsection  (b)  because
measurement techniques will not  exist until 1972. At such  time
as measurement methods are developed the Secretary would be
expected to establish standards for particulate emissions under
202 (a) authority.
   Subsection (b) is  a departure from  existing methods for pre-
scribing emission  standards  for moving sources of pollution. In
1964, the Senate Committee  on Public  Works  considered legisla-
tion which would have established, in Federal law, the standards
of emission performance then applicable to vehicles to be sold in
California. The automobile industry argued that writing stand-
ards into Federal  law would not be appropriate because  Califor-
nia's problem of automotive air pollution was unique and that
different degrees  of  control for  different pollutants  would be
needed to deal with problems in other areas of the nation.
                                                        [p. 24]

   The 1965 Clean Air Act Amendments provided the Secretary
with the maximum flexibility to meet potentially differing needs,
but the 1965 statute clearly indicated that the Secretary's stand-
ards should be based on the needs of the worst area  of the Nation
—not the  average—and  that technology should be pressed as
rapidly as  possible to overcome the extended time lapse between
application  of  emission  controls and replacement  of the entire
vehicle population.
   Since enactment of the Air Quality Act of 1967, the accelerated
pace of air quality criteria development, evidence on the principal
pollution problem areas  and the principal  pollutants has  been
published.
  Those criteria documents indicate that the health levels of
pollution agents associated with vehicle emissions were exceeded

-------
1224              LEGAL COMPILATION—Am

substantially  in many major cities.  Information provided the
Committee  by  the Administration  indicated  that, under the
existing new vehicle  emission control  program (and  without
regard to the steps which would be taken pursuant to Title I of
this Act) it would  be 1990 before ambient levels of motor vehicle
related pollutants would be brought down to the  level necessary
to protect the health of persons. This conclusion is based on the
following data:
  A. The  ambient standard  necessary  to  protect the public
health  from carbon monoxide is 8-10 parts per million  (ppm).
This compares with ambient air in Chicago measured at 44  ppm.
The  1970 Federal  emission standard for  automobiles for carbon
monoxide  is  23 grams per  mile  (existing test procedure).  To
achieve the public health ambient standard would require emission
controls placed on automobiles permitting emissions of only 5
grams  per mile, a figure which  represents  the  1980 emission
requirement  as proposed by the Administration.  To  achieve
sufficient replacement  of automobiles with autos  having the
emission controls meeting 1980 standards will take an estimated
ten  years.
  B. The ambient air health  standard for photochemical oxidants
(hydrocarbons) is  0.06 ppm. To achieve  such ambient standard
would  require a reduction of hydrocarbon emissions from  auto-
mobiles from the 1970 standard of 2.2 gm/mile  to an emission
level of 0.2 gm/mile. This  last figure is the approximate equivalent
of the proposed  1980 emission standard.
  C. The ambient  health standard for nitrogen oxides is antici-
pated to be about 0.10 ppm. This compares with an  ambient
condition found in most metropolitan  areas of 0.50  to 0.60  ppm.
To achieve the  health standard would require a reduction  from
the proposed  1973 emission  standard of  2.0  grams per mile to
an  emissions requirement for automobiles of  0.45  gram per
mile, or approximately the  proposed  1980 standards.
  The  following summary document  provided  by the National
Air  Pollution  Control Administration indicates  the  degree  of
reduction  of  emission  that  would be necessary to meet health
standards.

      DERIVATION OP 1980 MOTOR VEHICLE EMISSION GOALS
       The  National  Air Pollution Control  Administration has
    estimated that new motor vehicles must achieve a minimum

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         STATUTES AND LEGISLATIVE HISTORY         1225

reduction of emissions from a no-control baseline (pre-1968
models)  of  the  following  orders  of magnitude to  insure
attainment  of health-related air quality levels:
                                                    [p. 25]

                                                    Percent
Carbon monoxide	  92.5
Nitrogen oxides 	  93.6
Hydrocarbons  	  99.0
  The derivation of these emission goals  was explained in
detail in a paper presented in June 1970 at the annual meet-
eng of the  Air  Pollution Control Association  (D. S. Barth
et al., Federal  Motor Vehicle Emission Goals for  Carbon
Monoxide,  Hydrocarbons,  and  Nitrogen  Oxides based  on
Desired Air Quality Levels).
  This statement presents a simpler explanation of the deri-
vation of the above motor  vehicle  emission-reduction goals.
  Based on data contained  in air quality criteria  documents
already  issued  (for  carbon  monoxide  and  photochemical
oxidants) or in  preparation  (for  nitrogen oxides)  and on
requirements for margins of safety, it  has  been concluded
that the following ambient air  quality levels must be  at-
tained to insure protection of public  health:
    Carbon monoxide, 9 ppm/8-hour average.
    Photochemical oxidants, 0.06 ppm/1-hour average.
    Nitrogen dioxide, 0.10 ppm/1-hour average.
  The motor vehicle emission reductions  needed to insure
attainment  of the  above ambient  air quality levels are a
function of  existing ambient air levels of  carbon monoxide,
oxidant precursors (hydrocarbons and nitrogen oxides), the
relationship between  oxidant  precursor levels and oxidants,
and anticipated growth in motor vehicle emissions (resulting
from increases in the numbers and  use of motor vehicles).
  Motor vehicle emission  standards must  permit  attain-
ment  of  the health-related air quality levels throughout the
Nation.  The highest levels  of  carbon  monoxide,  hydro-
carbons,  and nitrogen  oxides currently measured  are  as
follows:
    Maximum Ambient Air Levels Related to Direct Health
                         Effects
    Carbon monoxide: 44 parts per million/8-hour average,
      Chicago.

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1226              LEGAL COMPILATION—AIR

        Nitrogen dioxide: 0.69 parts per million/1-hour average,
           Los Angeles.
         Maximum Ambient Air Levels of Oxidant Precursors
        Hydrocarbons: 5.3 parts per million/6 to 9 a.m. average,
           Los Angeles.
        Nitrogen dioxide: 0.62 parts per million/6 to  9 a.m.
           average, Los Angeles.
           (These  hydrocarbon  and nitrogen dioxide measure-
        ments are associated with Los Angeles peak values  for
        oxidants. )
       The strategy employed to  calculate needed reductions in
    hydrocarbon and nitrogen oxides emissions was as follows:
    A sufficient reduction  in nitrogen oxides emissions to insure
                                                        [p. 26]
    attainment  of the health-related  nitrogen  oxides ambient
    air level; then, assuming attainment of  the  health-related
    nitrogen oxides level, a sufficient reduction in hydrocarbon
    emissions to insure attainment of the health-related photo-
    chemical oxidant level.
       Based  on  these  considerations,   equations   calculating
    needed reductions  of carbon monoxide,  hydrocarbon, and
    nitrogen  oxides  emissions  were developed.  The equations
    make  allowances for  anticipated growth in  emissions and
    for natural  background levels. The calculations produced
    the required  percent  reductions. These  reductions  assume
    that all stationary  sources which contribute to the presence
    of carbon monoxide,  hydrocarbons, and  nitrogen dioxides
    in the ambient air could be  reduced by a like percent.
       Given a ten-year car life, the health  related  air quality
    levels  could  be attained in  1990 if  all new  cars produced
    after 1980 achieved the calculated emission-reduction goals.
    An earlier  target  date  for  meeting the  emission-reduction
    goals would permit earlier attainment of the indicated  air
    quality levels.
       NAPCA's advanced power systems research and develop-
    ment program, as  currently planned, is  structured  to pro-
    duce, by  1975, two second-generation prototypes capable of
    meeting the 1980 emission-reduction goals.
       Battelle Memorial  Institute  has estimated that  well-de-
    signed, unconventional power plants could  meet the following
    emission limitations:

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             STATUTES AND LEGISLATIVE  HISTORY
1227
Type
Natural gas-piston 	 	
Steam (rankine)
280-hp gas turbine-regenerating 	
Stirling
Hybrid turbine

HC'
	 1.2
.1
... . .4
.04
.04

CO i
3.0
.4
.3
.2
.3

NO'
0.6
.3
.8
3.0
.8

 i Grants based on 1970 7-model cycle.
 Note: Symbols^HC (hydrocarbons), CO (carbon monoxide), and NO2 (nitrogen dioxide).

  On  the  basis of information and hearings in 1964, 1965, 1967,
and 1970,  the committee concluded that 1975 would be the earliest
possible date for application of the proposed standards.
  This decision was  based on recognition that technology may
not be available to meet these standards within the next year and
that the regular lead time which,  in 1964, the industry indicated
would be  two  years, should  be  supplemented by an additional
period for the development of the control technology required to
meet these standards.
  The Committee recognized that even  the  lead  time provided
might not be adequate to tool up both technologically and mechan-
ically for  the standard, and therefore adopted an amendment of-
fered  by Senator Cooper providing a procedure whereby the dead-
line of model year 1975 or January 1, 1975 (the Committee recog-
nizes  that model years often begin in September of the preceding
year) could be extended for one year  only  if  after a  hearing
the Secretary determined that technology  was not available,  or
had not been available to the appli-
                                                         [P. 27]

cant for a sufficient period of time, that  the  applicant had made
a bona fide effort to meet the deadline, and that an extension
was necessary  for the general welfare of the United States.
  The Secretary would have a responsibility to determine whether
a one-year extension would be necessary.  The burden  of proof
would be  on the industry but the Secretary must use the results
of his research,  his  investigations and  his  studies,  as  well  as
any additional  information he may wish to  subpoena from the
industry,  to assure that the  technology not only is not available,
but could  not have been made available in time to meet the dead-
line. Whether or not the  Secretary should determine to  suspend
the deadline, his decision would be subject to judicial review in
the United States Court of Appeals for the District of Columbia
through a procedure set forth. The Court in reviewing the Secre-

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1228               LEGAL COMPILATION—ADR

tary's  decision can affirm  or  reverse  only after independently
finding that a suspension is essential to the public interest  and
general welfare of the United  States; that all good faith efforts
have been made by the applicant; and that the applicant has estab-
lished  that the technology,  processes  or other  alternatives have
not been available for a period of time necessary to achieve com-
pliance. The  industry could challenge his decision not to extend
and other interested parties could challenge his  decision  to ex-
tend the deadline. In any event such a  challenge would not delay
the application  of  the  statutory  standard beyond  January  1,
1976, and 1975 model vehicles would  be required to meet  any
interim standards  which the  Secretary determined to be tech-
nologically practicable.
  The Secretary's determination as to interim standards would be
reviewable,  but such review  should  not operate as  a stay  of
those interim standards.

     PROHIBITED ACTS—INJUCTION PROCEEDINGS—PENALTIES

  Sections 203, 204, and 205 would be, for practicable purposes,
repetition of existing law, with the changes necessary to  reflect
the extension of the Act to other moving sources of pollution and
to increase the civil penalty from $1,000 to $10,000.

  SECTION 206. CERTIFICATION  AND PRODUCTION MODEL TESTING

  Section 206 has been revised, at the request of the Administra-
tion, to provide the Secretary  with authority to test  representa-
tive samples of motor vehicles on the production line to assure
that production  line vehicles  are meeting  the same  degree  of
emission  controls for which prototypes were  certified prior  to
production.  The Committee interpreted the existing law as  pro-
viding the Secretary the necessary authority to  carry out  this
purpose. However, because the Secretary is of the opinion  that
he  does  not  have authority to test production-line vehicles and
revoke certification for failure  to conform with specific standards
the Committee at the request of the Secretary has elaborated the
original  intent of the Congress. If the  Secretary should find  that
production line vehicles  are not meeting the standard for which
certified, the Secretary could revoke certification for any vehicles
not delivered by the manufacturer and could withhold certification

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             STATUTES AND LEGISLATIVE HISTORY         1229

for those vehicles until he was satisfied that compliance with the
standard would be achieved.
                                                        [p. 28]

  The Secretary's decision would be reviewable. An accelerated
process of review would  be provided in order to facilitate re-
certification and continue delivery of new vehicles.

SECTION 207. VEHICLE AND VEHICLE ENGINE COMPLIANCE TESTING
  Section  207 would represent a significant departure from prior
provisions for control of vehicle emissions. At  the present time
compliance with national emission standards for vehicles and en-
gines is determined on the basis of whether the  average of a
class or model complies  with the standard. Section 206 continues
this procedure. Under section 206 prototype models would be certi-
fied as to compliance with standards and production-line sample-
testing would be authorized to  assure that the average  of the
models coming off the production line conforms to preproduction
certification.
  Under section 207, each production line vehicle would  be re-
quired to comply with applicable emission standards. Each vehicle
would be required to comply with standards for a 50,000-mile life-
time. The manufacturer would be required to warranty the per-
formance  of each  individual vehicle as to  compliance  with emis-
sion standards. The dealer would not carry any obligation under
this provision.
  This section would provide  two methods to  determine whether
or  not individual  cars  will  perform to the  emission standard.
First, the  Secretary woud be provided with the authority  to test
representative samples  of vehicles on  the  road  and, if he found
that a representative sample of a model or class fails to  continue
to comply with the standards within  the  50,000-mile period, he
could require the manufacturer to recall that model or class for
the purpose of correcting any nonconformity.
  The second compliance testing method would be triggered by
the development of a quick test procedure. The Secretary would
be required to develop a test which could be quickly and uniform-
ly applied  to individual vehicles on the production line and on
the road to determine whether  or not those  vehicles comply or
continue to  comply with the standards for which they  were certi-
fied. The  quick test would  have to be correlated with  the pre-
    526-703 O - 73 - 5

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1230              LEGAL COMPILATION—Am

certification test  procedure. It would  have to be  a test which
could be applied  in a  reasonable period of time related to the
normal time for a regular vehicle inspection. A quick test should
avoid unnecessary slowdown  of production lines,  unnecessary
consumer inconvenience, while providing a method to determine
whether  individual vehicles on the road are continuing to  meet
the standards for which they were certified.
  The need to assure individual vehicle compliance became evident
after sample-testing of vehicles on the road (both from California
and nationally) revealed deterioration from conformance with the
standard.
  According to testimony of the National  Air  Pollution Control
Administration:
      The more  complete  data confirm that slightly more  than
     one-half of the cars tested failed  to meet  either the hydro-
     carbon  or the carbon monoxide standard. For one model,
     more than 80 percent  of  the cars tested failed  one or more
     tests. Due to the small number of cars, these emission data
                                                       [p. 29]

     were not extrapolated to 50,000 miles; however, on the basis
     of the California  data one  would expect that the  emissions
     would tend to increase to some  extent with  increased mileage
     accumulations.
  This bill would require  the American people to make a sub-
stantially greater investment in motor vehicles  to assure that air
quality  standards are implemented. This  investment  would  be
defensible only if the emission control systems continued to con-
form to standards for  the lifetime of the vehicle. Substantial de-
terioration from the  emission  standard  would  mean that the
manufacturer was not designing emission control systems which
meet the intent of this legislation. It would mean  that air quality
standards in regions throughout the Nation would not be effective-
ly maintained, and  it would mean that potentially billions of
dollars of consumer investment would  be to no purpose.
  The Committee has no reason to  believe  that emission controls
would be inexpensive. The automobile industry has indicated that
achievement of the 1975 standards set by the bill would be costly—
whether such standards were achieved through cleaning up the
internal combustion engine or through development  of an alterna-
tive  power source.

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             STATUTES AND LEGISLATIVE HISTORY         1231

  The manufacturers informed the Committee that they would
not be able to guarantee conformity with emission standards for
the anticipated 10-year  life  of a vehicle. The committee bill pro-
vides that 50,000  miles would be  the  maximum that a vehicle
would be required to conform to the standards for which it was
certified. The Committee bill would provide that a manufacturer
may  require reasonable evidence of proper  maintenance of a
vehicle  and must  provide written  instructions  on maintenance,
adjustments, service and operation. The Committee hopes that,
if the motorist complied with these instructions, emission controls
would not deteriorate after 50,000 miles  to the extent that ambient
air quality would be impaired. The Committee further expects the
manufacturer to endeavor to either improve the quality control of
emission systems or explore better ways to assure continued com-
pliance  beyond 50,000 miles of use.
  The warranty required by this section would not become effec-
tive  until 90 days after enactment of this Act. This delay would
be needed so that the manufacturer could prepare instructions for
the motor vehicle purchaser. The Committee expects these instruc-
tions to be reasonable and uncomplicated. They would  have to be
approved by the Secretary. During such  time as the warranty pro-
vision is effective, vehicles  manufactured after that date would
be required to comply  with present standards.  Vehicles  manu-
factured in future years would have to be  warranted to comply
with  such standards as may be applicable.
  The Committee  intends that  the public should be made aware
of the actual cost, not the manufacturer's price of any air pollu-
tion   control equipment and warranty.  While  the  Committee
recognizes that separation of specific costs for air pollution control
may be difficult, it is quite likely there would be a marked increase
in cars  in 1975. To the extent that such costs are attributed  to
the control of air pollution emissions the  Committee intends that
those increases  be the  actual cost of  the air pollution systems
involved.
                                                        [p. 30]

  The Committee also recognizes the difficulty in any recall pro-
vision of notifying the  owners  of vehicles. The  burden would be
placed on the manufacturer to  notify both the initial  and subse-
quent purchasers  of vehicles.  The  Committee expects  that the
manufacturer would not only depend on the files of the franchise

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1232               LEGAL COMPILATION—Am

dealer, but  would, to the extent practicable,  use  State motor
vehicle department registration files to obtain the names  and ad-
dresses of subsequent purchasers of cars. By establishing a 50,000
mile, no year lifetime for the purpose of warranty, the Committee
did not intend to  relieve the automobile  manufacturers  of their
responsibility to notify  owners of  older cars. The 50,000-mile
period can be assumed to be 4 to  5 years and the manufacturer
should be expected to notify any owner of a vehicle that is  five
years old or less as to failure to continue to perform to the stand-
ard. A  decision not to require  the manufacturer to repair  the
vehicle  could be made  after notice  and after finding that  the
vehicle had exceeded the 50,000-mile warranty period.

                  SECTION 208.  STATE GRANTS

  Section 208  of the proposed  bill  is similar to section 209 of
existing law except that under the new section 208 grants for the
development  of vehicle emission devices  and systems and inspec-
tion and testing programs could be made to agencies other than
air pollution control  agencies. A limitation in existing law hin-
dered making such grants to agencies in charge of general motor
vehicle inspection programs,  the logical agencies (in most cases)
to perform emission inspections.
  The Committee  expects the Secretary to assist in training in-
spectors as soon as methods required by section 207 are developed
to test individual  vehicles. Effective State emission testing and
inspection programs will be essential to  effective implementation
of ambient air quality standards and to assurances that vehicles,
once delivered to the ultimate and subsequent purchasers, continue
to conform to the  standards  for which they were certified.
  Funds made available under this program should supplement
existing funding programs for air pollution control and should not
be limited by the maintenance-of-effort provisions of Section 105.

               SECTION 209. RECORDS AND REPORTS

  Section 209  of the Committee bill is  substantially similar to
section  207 of existing law  except the  trade secrets protection
language would be modified  to place the burden of showing the
need for confidentiality on the person filing the report with the
Secretary.
  The Committee believes that requiring the person  filing records

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             STATUTES AND LEGISLATIVE HISTORY          1233

and reports to  prove the need for proprietary protection would
avoid abuse of section 1905 of title 18 of the United States  Code
and facilitate the availability of information related to air pollu-
tion to the public. In addition the Committee bill would exempt
emission  data   from  proprietary  protection. The  Committee
believes public  knowledge  of emissions overrides the private in-
terest in proprietary information.
  The purpose of 18 U.S. Code 1905 is to prevent the unauthorized
disclosure by Federal employees of data obtained in connection
with any authorized Federal activity which would, if divulged,
reveal trade secrets or secret processes.  It is not aimed at pre-
venting the disclosure
                                                        [p. 31]

of such data by Federal agency officials as part of  their duty to
effectively control and prevent air pollution. Moreover, the Com-
mittee believes that it is not in  the public interest  for data re-
lating to the quantity and quality of the emissions to  be considered
confidential. The public has a right  to know who is polluting the
atmosphere and in what amounts.

                SECTION 210. STATE STANDARDS

  This section would create a Federal preemption in order to pre-
vent a multiplicity of State standards for emissions control sys-
tems  on new motor vehicles as  required by section 202, or the
regulation of fuels as provided in section 212. This preemption
would extend to all  new vehicles, commercial vehicles, airplanes,
and vessels.
  The Committee nevertheless recognized that there may be un-
usual instances when the State would have to require a standard
of emission control  for a  vehicle that would exceed the  controls
provided by this legislation.
  The proposed legislation would continue the requirements that
the Secretary waive application of this preemption  provision for
any  State which adopted emission control standards  on  new
vehicles prior to March 30, 1966. The only State to apply  such
controls is California.
  For any other State to  obtain  an exception to preemption,  it
would have to  prove to the satisfaction of the Secretary that a
more stringent standard  was  necessary and essential  to the

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1234               LEGAL COMPILATION—Ant

achievement of ambient air quality standards in regions within
its jurisdiction.
  It should be noted that the Committee anticipates that  the need
for such a variance would, with  the exception of California, be
useful primarily  for  the control  of emissions from commercial
vehicles.
  In  addition, the Committee bill would provide, without excep-
tion, for Federal  preemption over the prohibition or control of the
sale and use of fuels registered pursuant to section 212.
  Nothing in this section would infringe the ability of a  State or
community to regulate the use of any vehicle once it has  been
purchased.

                  SECTION 211. USED VEHICLES
  The Committee recognizes  that for  some years to come used
vehicles  (including cars manufactured prior to  the 1975 model
year)  will be a major source  of automotive emissions. The Com-
mittee could not  find an effective  way to assure  control  of these
used vehicles, many of which are totally uncontrolled and others
of which are only partially controlled by Federal standards effec-
tive in 1968 and subsequent years.
  The Committee decided that it is necessary to develop emission
control devices which could be retrofitted for these vehicles. Such
used  car control  devices and  systems would be submitted to the
Secretary for certification as to compliance with used vehicle emis-
sion standards which he would  promulgate. Once such devices
had been certified, States with difficult problems  could  examine
the value of requiring used vehicles operating within that State
or  region  to  install  such devices or systems.  This may be an
effective tool for assuring continued compliance  with air quality
standards, especially since the automobile industry cannot guaran-
tee new  vehicle performance  beyond 50,000  miles.
                                                        [p. 32]

  As was pointed out in the hearings, one of the difficulties in the
control of used vehicles is the  way in which the car is maintained.
The Committee expects that those regions with difficult pollution
problems associated with motor vehicle emissions will include in
implementation plans a procedure to assure that  a major tune-up
will take place when a motor vehicle changes hands. This alone
will greatly reduce the impact of the used car on air quality.

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              STATUTES AND  LEGISLATIVE HISTORY         1235

  In  certifying devices under this section,  the Secretary would
have  to consider both  the technological practicality of the used
car device, as well as the economic cost. In many instances the used
vehicle to which a  device would be added would be very low  in
value.

               SECTION 212. REGULATION OP FUELS
  Air pollution is a byproduct of the combustion of fuel. The Com-
mittee therefore considers it  appropriate to expand the existing
authority  requiring  registration of fuels and to establish a pro-
cedure for regulating the sale of fuels to the extent that the com-
bustion or evaporation of such  fuels may adversely affect imple-
mentation  of the Act.
  Under the  procedure that  would be established by the  Com-
mittee bill, the  Secretary could  designate any fuel that  is used
for vehicles. Once designated,  the fuel would have to be registered
by the Secretary prior to sale.  If such fuel had not been registered
by  a  date established  by  the Secretary, the  fuel could not be
introduced into  commerce. Violation of this provision would sub-
ject the fuel manufacturer to  a  fine of $10,000  per day.
  The bill would authorize a  system under  which the Secretary
shall  seek  and receive  information to assist him in determining
the potential effect of a particular fuel on the  public health and
welfare or on  operation of an  emission control device.
  The manufacturer of a designated fuel would have to notify the
Secretary of a fuel's commercially identifiable name, the manu-
facturer of any additives used in the fuel, the purpose of  such ad-
ditive, and the concentrations of such additives.
  While additives themselves  would not be controlled directly by
this provision, the manufacturer of fuel additives would have to
provide the Secretary, on request, with information on the chemi-
cal  composition of  the additive, analytical  techniques needed to
detect its  presence, the recommended  concentrations of such ad-
ditive, and the recommended  use of the additive.
  To  establish a system to facilitate expeditious registration of
fuels, the Secretary would be required to prepare a system of test
procedures and protocols that  any fuel manufacturer could expect
to undertake  prior to  registration. It is the Committee's belief
that such procedures would assist the Secretary  in identifying any
health or  welfare effects in the use of the fuel.
  Should  these  procedures be  ineffective,  the Secretary  could

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1236               LEGAL COMPILATION—Am

request added information from  the manufacturer on the effects
of emissions and evaporation of the fuel.
   Once the manufacturer had satisfied these requirements, the
Secretary would be required to register the fuel for sale.
   The Committee bill also would provide a procedure under which
the Secretary might either prohibit or control the sale of a fuel.
   There are two basic reasons to  regulate the sale of a fuel. First,
the combustion or evaporation of such fuel  from any engine may
produce
                                                         [P. 33]

an emission that is a direct endangerment to the public health.
Second, the fuel may have an  adverse  effect on the general wel-
fare or on an emission  control system or device.
   In matters  related to public health and  welfare, the Commit-
tee's concern is with the effect of the actual emissions from the
tailpipe, not with the composition of the fuel. The combustion of
the fuel  in  its  intended environment—inside an engine  with
proper emission controls—would be the proper criterion for the
Secretary to use in judging the health and welfare effects of that
fuel.
   The Committee believes that an endangerment to health would
be of such importance that the Secretary might prohibit or control
the sale of such fuel. Adverse environmental effects would fall in
the category of general  welfare.  Since the nature of the general
welfare is less well-defined than the public health, the Committee
believes it essential that the Secretary hold a public hearing on
any proposed prohibition or control relating to public welfare.
  Another reason for prohibiting or controlling the sale of a fuel
involves its effect  on an emission control device  or system. The
most obvious example that came  to light in hearings  is the effect
of leaded gasoline  on a  catalytic muffler. Such mufflers have been
proposed to control emissions of hydrocarbons and carbon mon-
oxide from vehicle engines. The effect of lead on catalysts can re-
duce the effectiveness of such mufflers by up to 90 percent. Since
the use of catalytic mufflers may  be essential for compliance with
standards  established  under section  202, the  Committee  has
adopted language  permitting the Secretary to control fuels in
order to facilitate  the use of emission control systems.
  The Committee  believes  that  automotive  and  petroleum in-
dustries should be  given the greatest possible latitude in develop-

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             STATUTES  AND LEGISLATIVE HISTORY          1237

ing an effective low  emission technology. Therefore, before the
Secretary made any decision to prohibit or limit the use of a fuel
to facilitate emission  control, he would be required to hold public
hearings and make and publish a finding that such a prohibition
is necessary. The Secretary would have to find that such a pro-
hibition or control on fuels benefits the public either by enabling
use of a more effective emission control system than would other-
wise be available, or  by providing a less costly emission control
system if two systems of  equal effectiveness are  developed. The
cost would be determined  by comparing systems and  fuel  costs
over 50,000 miles of vehicle use. In addition, the Secretary would
have to find  that such a prohibition or  control would  not cause
the use of any other fuel(s)  that would  produce emissions en-
dangering the public  health or welfare to the same or a greater
degree.
  The Committee anticipates that the Secretary may not deem it
necessary to prohibit altogether the  sale of a particular fuel to
facilitate the operation of emission control systems. He may wish
instead to limit use of such fuels or place  limits on additive con-
centrations in the fuel.
  At one time the Committee considered language that would give
the Secretary only the authority to "prohibit" a fuel's introduction
into commerce. After  evaluation, the Committee decided that such
authority should also be extended to the "control" of a fuel's intro-
duction into commerce. This authority to "control" the use of fuels
is intended to give the Secretary greater flexibility than the au-
thority to "prohibit." For instance, the Committee expects that
the
                                                        [p. 34]

Secretary may find it advisable to permit the continued sale of
leaded gasolines to  allow for the efficient and economic operation
of automobiles presently on the highway, even if he finds it neces-
sary to control fuels to  assure  the availability  of non-leaded
gasolines for other purposes.
  The purpose of this provision would  be to achieve maximum
control of auto emissions at a minimum cost.
  This section would also empower the Secretary to subpoena
relevant  witnesses  and  records, and would require that manu-
facturers make available any data not considered confidential.

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1238               LEGAL COMPILATION—Am

     SECTION 213. DEVELOPMENT OF LOW  EMISSION VEHICLES
  Section 213 would authorize the Secretary to establish special
low  emission  vehicle standards  for  research  and  development
purposes. This provision is designed  to  coincide with legislation
enacted by  the  Senate earlier this year sponsored  by Senator
Magnuson. Senator Magnuson's bill, S. 3072, would stimulate the
development, production and distribution in interstate commerce
of low-emission  motor vehicles.
  Authority for  the Secretary to prescribe low emission standards
and  certify vehicles and engines which  meet those standards is
essential to effective implementation of S. 3072. More importantly,
this provision would provide the Secretary with additional infor-
mation  needed  to  determine,  as  required by Section 202 (b),
whether or not technology is available to meet the standards pre-
scribed  by that section.

                   SECTION 214. DEFINITIONS
  The definitions are self-explanatory. Additional definitions have
been added to include those moving  sources  of pollution which
would be added by this amendment to the Clean Air Act.

                  SECTION 215. APPLICABILITY
  This  section would provide that certain  specific provisions of
this  Title should be applicable 90 days after enactment in order
to provide the manufacturer with  the time necessary to  develop
and  implement the  provisions of the bill.

               SECTION 303. EMERGENCY POWERS

  The bill would continue emergency  powers contained in section
108 (k)  of existing law to  deal  with imminent and substantial
endangerment to public health.  However, to reflect the new or-
ganization of the  bill and  to make  clear  the  intent that  such
powers  apply  to the entire Act, the authority would  be provided
in title III. In addition, the language has been modified to conform
to the description of air pollution agents or combination  of  such
agents which  now appears throughout the Act.
  The Committee believes that this emergency authority is neces-
sary to  provide for immediate, effective action whenever air pollu-
tion  agents  reach levels of concentration that are associated  with

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             STATUTES AND LEGISLATIVE  HISTORY          1239

(1) the production of significant health effects, (2) incapacitating
body damage, or  (3)  irreversible body damage in any significant
portion of the general population. The term "significant portion"
                                                        [p. 35]

is not  intended to exclude sensitive elements of society  such  as
asthmatics, but only those groups of particularly susceptible per-
sons for whom  other precautionary measures  should be taken.
Secondly, the emergency situation exists whenever there is any
perceptible increase in the mortality rate.
   It is understood that the Secretary has prepared contingency
plans and procedures to implement this authority which include
a  system of alerts. The Committee recognizes the  importance  of
such contingency planning in section  111  of  the bill, and would
require such contingency planning as  a part  of the implementa-
tion plan for every air quality control region.
   The levels of concentration  of air pollution  agents or combina-
tions of  agents  which  substantially endanger  health  are  levels
which  should never be reached in any  community. When the pre-
diction can  reasonably  be made that  such elevated levels could
be reached even for a short period of time—that is that they are
imminent—an emergency action plan should be implemented  to
reduce emissions of air pollution agents and prevent  the occur-
rence of substantial  endangerment.
   During the  consideration  of  this  legislation,  metropolitan
regions on the eastern seaboard experienced a severe air pollution
episode which suggested the use of 108 (k) authority under exist-
ing law.  In  answer to an inquiry as to the actions taken during
the episode, the Secretary reported to  the Committee that a com-
bination  of the  pollutant levels  experienced and the generally
responsible  actions of State and  local  officials made action  under
subsection 108 (k) unnecessary.  The  Committee  is not satisfied
with existing State and local air pollution alert strategies. Rec-
ommendations that children not run to and from  school and that
events be suspended  are not a substitute for reducing pollution.
The Committee believes that air  pollution alerts authority should
include plans which provide for the immediate reduction of non-
essential operations which contribute to an episode situation.
   The Committee expects the Department to continue to  refine
emergency procedures under section 303 of this bill and to assist
the States and municipalities in the development and execution
of such procedures.

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1240               LEGAL COMPILATION—Am

                  SECTION 304. CITIZEN SUITS

  The Committee has established a provision in the bill that would
provide citizen participation in the enforcement of standards and
regulations established under this Act. The provision in the pro-
posed bill is carefully restricted to  actions where violations of
standards and  regulations or a failure on the part of officials to
act are  alleged.
  Section 304  would not substitute  a "common law"  or court-
developed definition of air quality. An alleged violation of an emis-
sion control standard, emission requirement, or a provision in an
implementation plan, would not require reanalysis of technological
or other considerations at the enforcement stage. These matters
would have been settled in the  administrative procedure leading
to an implementation plan  or emission control provision. There-
fore,  an objective evidentiary standard would have to be met by
the citizen who brings an action under this section.
  Government  initiative in seeking enforcement under the Clean
Air Act has  been restrained. Authorizing citizens to bring suits
for viola-
                                                         [p. 36]

tions of standards should motivate governmental agencies charged
with the responsibility to bring enforcement and abatement pro-
ceedings.
  In order to further encourage and provide for  agency enforce-
ment, the Committee has added a requirement that prior to filing
a petition  with the court, a  citizen  or group  of citizens would
first have  to serve  notice  of intent to file  such action on the
Federal and State air pollution control agency and the alleged
polluter. Each citizen or group would have to include facts in such
notice in accordance with regulations prescribed by the Secretary.
The Secretary  should prescribe such regulations  as  soon as pos-
sible  after enactment, and such regulations should reflect sim-
plicity, clarity,  and standardized form.  The regulations should not
require notice  that places impossible or unnecessary burdens on
citizens but  rather  should be confined to requiring information
necessary to give  a  clear indication of the citizens' intent. These
regulations might require information  regarding the identity and
location of alleged  polluter,  a  brief description of the  activity
alleged  to be in violation, and the provision of law alleged to be
violated.

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             STATUTES AND LEGISLATIVE HISTORY          1241

  The Committee has provided a period of time after notice be-
fore a citizen may file  an action. The time between  notice and
filing of the action  should  give the  administrative enforcement
office an opportunity to act on the alleged violation.
  It should be emphasized  that if the agency had not initiated
abatement proceedings following notice or if the citizen believed
efforts initiated by the agency to be inadequate, the citizen might
choose to file the action. In such case, the courts would be expected
to consider the petition against the background of the agency
action and could determine that such  action would be adequate to
justify suspension, dismissal, or consolidation of the citizen peti-
tion. On the other hand, if the court viewed the agency action as
inadequate, it  would have jurisdiction to  consider the citizen
action notwithstanding  any pending  agency action.
  The Committee emphasizes that if the alleged  violation is  a
failure to  comply with an  administrative enforcement order,  a
violation of a standard of performance, or a prohibition or  emis-
sion standard, there  would be no waiting period following notice.
It is the Committee's intent that enforcement of these control pro-
visions be immediate, that citizens should  be  unconstrained to
bring  these actions, and  that the courts should not  hesitate to
consider them.
  Section 304  would provide that  a citizen  enforcement action
might be brought against an individual or a government agency.
As  recognized  under section 118 of  the bill, Federal  facilities
generate considerable air pollution. Since Federal  agencies  have
been notoriously  laggard in abating  pollution and in requesting
appropriations to develop control measures, it is important to pro-
vide that citizens  can seek, through  the  courts, to expedite the
government performance specifically  directed under section 118.
  The standards for which enforcement would be sought either
under administrative enforcement or through citizen enforcement
procedures are the same.
  The participation  of citizens in the courts seeking enforcement
of air quality standards should not result in inconsistent policy.
The Clean Air Act should achieve objective standards against
which to
                                                        [p. 37]

measure air quality. There should be no inconsistency in the
enforcement of such standards. Whether abatement were sought

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1242              LEGAL COMPILATION—Are

by an agency or by a citizen, there would be a considerable record
available to the courts in any enforcement proceeding resulting
from  the Federal and State administrative standard-setting pro-
cedures. Consequently, the factual basis for enforcement of stand-
ards would be  available  at the time enforcement is sought,  and
the issue before the courts would be  a factual  one  of  whether
there had been  compliance.
  The information  and  other  disclosure  obligations  required
throughout the bill  are important to the operation of this provi-
sion. The Secretary would have a special duty to make meaningful
information on  emitting sources available to the public on a timely
basis.
  The provision is drawn to avoid problems raised by class action
provisions of the Federal rules of civil procedure, specifically by
Rule 23. Section 304 does not authorize a "class action." Instead,
it would authorize a private action by any citizen or citizens
acting on their own behalf. Questions with respect to traditional
"class" actions often involve: (1)  identifying a  group of people
whose interests have been damaged; (2)  identifying the amount
of total damage to  determine jurisdiction  qualification;  and (3)
allocating any  damages  recovered.  None  of these points is ap-
propriate in citizen suits seeking abatement of violations of air
quality standards.  There would be no jurisdictional amount re-
quired in section 304 nor is there any provision for the recovery
of property or personal damages. It should be  noted,  however,
that the section would specifically preserve  any rights or  remedies
under any other law. Thus, if damages could be shown, other
remedies  would  remain available. Compliance  with standards
under this Act would not be a defense to a common law action
for pollution damages.
   Concern was expressed that some lawyers would use section
304 to bring frivolous and harassing actions. The Committee has
added a key element in providing that the courts may award costs
of litigation including reasonable attorney and expert witness fees,
whenever the court determines that such  action is in the public
interest. The court could thus award costs  of litigation to defend-
ants  where the litigation was obviously frivolous or harassing.
This  should have the effect of discouraging abuse of this provision,
while at the same time encouraging  the  quality of the actions
that  will be brought.
   The courts should recognize that in bringing legitimate actions
under this section  citizens would be performing a public service

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             STATUTES AND LEGISLATIVE HISTORY          1243

and in such instances the courts should award costs  of litigation
to such party.  This should  extend to plaintiffs in actions which
result  in successful abatement  but do  not reach a  verdict. For
instance, if as a result of a citizen proceeding and before a verdict
is issued, a defendant abated a violation, the court may award
litigation  expenses borne by the plaintiffs  in  prosecuting  such
actions.
  Enforcement of pollution regulations is not a technical matter
beyond the competence of the courts. The citizen suit provision is
consistent with principles underlying the Clean Air Act, that is the
development of identifiable  standards  of  air  quality and control
measures to implement such standards. Such standards  provide
manageable and precise  benchmarks for enforcement.
  The  Committee  bill would provide in the citizen suit provision
that actions will lie against the Secretary for failure to  exercise
his duties
                                                        [p. 38]

under  the Act,  including his enforcement  duties. The Committee
expects that many citizen  suits would be of this nature, since
such suits would  reduce the ultimate  burden on  the citizen  of
going forward  with the entire action.

                   SECTION 305. APPEARANCE

  The  Committee recognizes that this legislation would put great-
ly increased burdens on the administering agency. Constant legal
assistance would be required in  legislative interpretation, admin-
istrative procedure, review  of implementation plans,  information
acquisition,  and enforcement. The Secretary would need a staff of
supporting attorneys. Good  administration dictates that such as-
sistance be  immediately  available to the  Secretary.
  Therefore, the bill would authorize  the Secretary to  appoint
attorneys to appear and to represent him in actions instituted
under  the Clean Air Act. The Committee  believes this necessary
for three reasons.  First,  the timetables imposed by the bill would
require that full time legal  assistance be available to assure com-
pliance. Second, new enforcement  procedures would require the
development of competence and expertise if the Act were to be ad-
ministered and enforced  fairly and expeditiously. Finally, failure
to comply  with  enforcement within  the time required would

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1244              LEGAL COMPILATION—Am

necessitate immediate action in Federal District  Courts to seek
compliance with such order.

              SECTION 306. FEDERAL PROCUREMENT
  The Committee considered proposals offered by Senator Muskie
and by Senator Cook to assure that the Federal Government does
not patronize or subsidize polluters through its procurement prac-
tices and policies.
  Section 306  would make any person or corporation who fails to
comply  with  a  court order issued under this  Act  or who is
convicted of a knowing violation of any schedule  or timetable of
compliance, emission requirement, prohibition, emission standard,
or standard of performance, ineligible for a Federal contract for
any work to be done  at the polluting  facility. This ineligibility
would continue until the Secretary certifies that the facility is in
compliance with the court order or the provisions  of the Act.
  This section would  be  limited,  whenever feasible and reason-
able,  to  contracts affecting only the facility  not  in compliance,
rather than an entire  corporate entity or operating division.
  There  might be cases where a plant  could not participate in a
Federal  contract due to a violation but another plant owned by
the same company might bid and transfer work to the first plant.
This type of action would circumvent the intent of this provision.
In this case, the company's  second facility should also be barred
from bidding  until the first plant returns to compliance.
  There  would also be instances where a second  plant within a
corporation was seeking a contract unrelated to the violation at
the first plant. In such a case, the unrelated facility should be
permitted to bid and  receive  Federal contracts.
  It is anticipated by the Committee that the Executive Branch
will, in the near future, publish new Federal contract guidelines
that will
                                                         [p. 39]

enable the Federal Government to suspend or revoke a contract
once the contracting party is found to be in non-compliance with
the air pollution  standards or  other requirements of this Act.
This  executive  action would be specifically mandated  by section
306(c).
  The effectiveness of this section would depend on fast, accurate
dissemination of information. All Federal agencies would have to

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              STATUTES AND LEGISLATIVE HISTORY         1245

be rapidly apprised of any abatement order or conviction which
would bar a facility from eligibility for Federal  contracts.  The
Secretary would also have to act expeditiously to certify that a
facility had achieved compliance, and notify all Federal agencies
of that fact.  Delays in reporting such information, leading to
inaccurate public disclosures, would quickly render this section
unworkable.

              SECTION 307. EMPLOYEE PROTECTION
  Every worker who is called upon to testify or who gives infor-
mation with respect to an alleged violation of a pollution law by
his employer or who files or institutes any proceeding to enforce
a pollution law against an employer fears that he  will be subject
to discrimination. Congress  has recognized this problem in the
field of labor relations and has  prohibited such discrimination in
the National Labor Management Relations Act.
  Section 307 of the bill is patterned after that Act and a similar
provision in Public Law 91-173 relating to the health and safety
of the Nation's coal miners. Under this  section  employees  and
union officials could help assure that employers do not contribute
to the degradation of our environment.
  The section would prohibit  discharges  or discrimination  and
would provide  an administrative  procedure  under  which  the
employee or his representative could seek redress for any violation
of this prohibition. The Secretary of Labor would have to investi-
gate such charges and issue  findings and a decision which would
be subject to judicial review. If the Secretary should find a viola-
tion, he would have to issue orders to abate it, including, where
appropriate, the rehiring of  the employee to his former position
with back pay.  Also, the person committing the violation could
be assessed the costs incurred by the employee to obtain redress.
  This provision would safeguard the rights of employees, but it
should not encourage employees to frivolously allege violations
since the employee would have to pay the costs of the proceedings
unless the violation is proved.

                 SECTION 308. JUDICIAL REVIEW
  One of  the  uncertainties in the existing Clean Air Act  is the
availability or opportunity for judicial review of administratively
developed and promulgated standards and regulations. Moreover,
the effect on the general program of a review itself is not clear.
    526-103 O - 73 - 6

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1246              LEGAL COMPILATION—Ant

  Administratively developed  standards,  rules  and regulations
under the Act and under this bill would clearly affect the interests
of persons. The courts are increasingly adapting this test to what
administrative  actions  are  reviewable.  In several  recent  cases
[Environmental Defense Fund, Inc. v. Hardin (C.A. No. 23,813,
May 28, 1970) ; Barlow v. Collins (397 U.S. 159, 167 (1970)) ;
Abbott Laboratories V. Gardiner (387  U.S. 136, 140-41 (1967))]
the Courts have held that even in
                                                        [p. 40]

matters committed by statute to  administrative discretion, pre-
clusion of judicial review "is not lightly to be inferred ... it re-
quires a showing of clear evidence of  legislative intent." (E.D.F.
v. Hardin,  supra,  p. 7.) The courts have granted this review to
those being regulated and to those who seek "to protect the public
interest in the proper administration  of a regulatory system en-
acted for their benefit."  (E.D.F. v.  Hardin, supra, p. 6.)  Since pre-
cluding review does not appear to be warranted  or desirable, the
bill would  specifically provide  for such review within controlled
time periods. Of course, the person regulated  would not be pre-
cluded from seeking such review at the time  of enforcement inso-
far as the subject matter  applies to him alone.
  Because  many of these administrative actions are national in
scope and  require even and consistent national application,  the
provision specifies that any review of such actions shall be in the
United States Court of Appeals for the District of Columbia. For
review of the approval  of promulgation of implementation  plans
which run only to one air quality control region, the section places
jurisdiction in the U.S.  Court of Appeals for the circuit in which
the affected  air quality control region, or portion thereof, is
located.
  In order to maintain the integrity  of the time sequences pro-
vided throughout the  Act, the bill  would provide that any review
sought must be filed within  30 days of the date of the challenged
promulgation or approval. It would be further provided that the
filing of a  petition does not  operate as a stay of the application
of the promulgation or decision for which review is sought, unless
the party seeking such review is able to demonstrate to the court
that there  is  a substantial likelihood that such party will prevail
on  the merits and that the interests of the public will not be
harmed by such stay. It should be noted that the provision re-
stricting stays would apply  not only to actions brought pursuant

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              STATUTES AND LEGISLATIVE  HISTORY          1247

to this section, but also to any review of an administrative action
pursuant to this Act or under any provision of law.
   In this section,  and in two other provisions of the bill, section
115  and section 202(b) (4)  the Committee directs any court re-
viewing any administrative promulgation or decision to presume
that the findings  of the Administrator related  to  the matter
subject to review are correct. In adopting this position offered by
Senator Baker, the Committee proposes to  clarify for purposes of
this Act the value, or weight, given to administrative findings and
decisions by the reviewing court.
   The Committee  does not intend by this  language to provide a
statutory provision that establishes administrative promulgations
or decisions as conclusive and thereby  effectively extinguishing
the right of review. Rather, the presumption of  correctness es-
tablished is  rebuttable by proof that the administrative promulga-
tion or  decision  is not supported by  a  preponderance  of its
evidence. It should  also be  noted that  evidence  regarding any
exclusion or emission of relevant material from the  administra-
tive record  may be adduced to challenge  the sufficiency of the
administrative record.
   The committee  recognizes that it would not be in the  public
interest to measure for all time the adequacy of a promulgation
of any standard or regulation by the information available at the
time of such  promulgation.  In the area of protection  of  public
health and environmental quality, it is clear that new information
will  be  developed  and that such information may dictate a revi-
sion or modifica-
                                                        [p. 41]

tion of any promulgated standard or regulation established under
the act. The judicial review section, therefore, provides that any
person may challenge  any promulgated  standard, regulation, or
approved or promulgated implementation plan after  the date of
promulgation  whenever it is alleged that  significant new infor-
mation has become available.
  New  information  may become  available at some future  date
which indicates that a particular pollution agent or combination
of agents is hazardous to the health of persons and therefore
should be added to those pollution agents subject to the provisions

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1248              LEGAL COMPILATION—Am

of section 115. Conversely, new information may become available
indicating that a  pollution agent for which a prohibition  had
been established under section 115 is not hazardous to the health
of persons.  If  the Secretary  failed to act in either  event, the
promulgation could be challenged.

              SECTION 309. MANDATORY LICENSING

   The scope of the Clean Air Act Amendments contained  in the
bill,  as reported, would require  the development of new devices,
techniques, and procedures to meet the obligations placed on those
persons whose activities result  in the emission of  air pollution
agents. In particular are the stringent demands which would be
made on industry  in implementing the standards of performance
required of new stationary sources under section 113, the emission
control and prohibition  requirements for hazardous  substances
under section  115, and the automobile and other moving source
emission controls required  by section  202. Only the stringency of
these sections justifies the inclusion of the provisions of section
309 in the bill.
   The Committee  recognizes that there is a great discrepancy in
the technical capabilities of the various producing entities in any
given  industry and  that many  companies are not large enough
or broadly based enough to have their own research facilities to
develop the needed controls. In order to prevent the Clean Air Act
requirements from creating competitive disadvantages which well
might result in increased concentration of control  of  production
facilities in the hands of a few large companies, the  Committee
has established the framework in section 309.
   The procedure  for mandatory licensing  established by  this
section would  make  available to any party who can show a need
to know to have access to any patents, trade secrets, or know-how
necessary to achieve compliance with Sections 113, 115, and 202
of this Act.
   The language in no way is designed to give large manufacturers
production rights to the inventions, trade secrets, or discoveries of
others. The purpose is to guarantee  to all producers  in a given
field an adequate  supply of technology with which to meet the

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             STATUTES AND LEGISLATIVE HISTORY         1249

statutory  obligations which would be  imposed by the bill  as
reported.
  Section 309 has been carefully drawn to clearly  indicate that
the Secretary would only provide access to patents,  trade secrets
or know-how when such devices, technology or procedures are not
otherwise available to parties requesting assistance. The intent of
section 309 is to prohibit anyone from refusing to make available
discoveries or inventions which would assist in the control and
abatement of air pollution.
                                                        [P. 42]

  The proposed bill does not provide specifically that  any pro-
prietary information made available to the licensee be used solely
in connection with the licensed  use, but it should be understood
that any license granted in accordance with the  Secretary's  order
under the provisions of this section would contain reasonable pro-
visions to prevent the use by the licensee of any such know-how
or trade secrets for any purpose other than to carry out the pur-
poses of the  Secretary's order.
  In actual operation, this provision would enable the Secretary to
require any patent, trade secret,  or know-how to be made available
to any person who must have access to such patent, trade secret,
or know-how in order to comply with the provisions of the Act.
The bill would provide that a reasonable royalty must be paid by
the recipient to  the owner  of such  patent, trade secret,  or know-
how,  and, in the event of  a  dispute  over the  character of  the
royalty, such dispute would be  resolved in accordance  with  the
procedures of the American Arbitration  Association.
  The Committee expects that the Secretary in carrying out his
duties under this section would exercise the greatest amount of
care so as not to abuse either property rights or in any way en-
courage restraint of trade.  Consequently, the Committee expects
that the Secretary will draw upon, and frequently  consult  with,
the anti-trust division of the Department of Justice  as he carries
out his responsibilities under this section.
  The Committee has received many representations from many
companies that they would otherwise be unable to comply with the
provisions of the Act because of the lack of technological capabil-

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1250              LEGAL COMPILATION—Am

ity. It should be emphasized that the Committee intends that the
authority contained in this section should be exercised very care-
fully  and very strictly by the Secretary.  The Committee further
expects that the Secretary will develop procedures and regulations
for obtaining information and for applying for the benefits of
this section  and for  the  evidentiary requirements before the
Secretary will require that such patent, trade secret, or know-how
will be made available to the applying person.

                 SECTION 310. POLICY REVIEW

  Early this year the President signed P.L. 90-190,  the  National
Environmental Policy Act.  One  of the important provisions of
that Act  is section 102(c), requiring every agency of the Federal
Government  to evaluate carefully the environmental  impact of
proposed activities. The Environmental Policy Act requires that
all  relevant factors relating to the environmental effects of pro-
posed activities be included  in a "detailed statement"  which fol-
lows the  proposed activity through the administrative and  legis-
lative process. Although the "detailed statement" may be reviewed
by the Council on Environmental Quality,  the Act does not assure
that Federal environmental agencies will effectively participate
in  the decision-making  process.  It  is  essential that  mission-
oriented  Federal agencies have access to  environmental expertise
in order  to give adequate consideration to environmental factors.
  In  order to remedy this  situation,  the Committee  bill would
require that  any detailed statement which contains any matter
related to  duties and  responsibilities granted to the Secretary
pursuant to the Clean Air Act and the Noise Pollution and Abate-
ment Act be reviewed
                                                        [p. 43]

by  the Secretary for his analysis of the  statement  with respect
to public health and welfare  and environmental  quality. If the
Secretary should determine that a detailed statement is  inade-
quate, he would refer the matter to the Council on Environmental
Quality for a determination and recommendation to the President.
The Council's determination and  recommendation would  be  made
public.

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              STATUTES AND LEGISLATIVE HISTORY         1251

  Mission-oriented agencies often lack the expertise to give ade-
quate evaluation to the environmental impact of their own activ-
ities.  The Committee  bill would  therefore  require that  the
activities  or proposed regulations  of any agency or department
of the Federal Government be reviewed by  the Secretary for
analysis of those  matters within the scope of authority pursuant
to the Clean Air Act and the Noise Pollution and Abatement Act
of 1970.
  The Committee intends  that these procedures be expeditious
and not become an obstruction of the flow of proposals and activ-
ities in the Federal Government.

        SECTION  317. AUTHORIZATION OF APPROPRIATIONS

  In developing the figures included in section 317 providing for
authorizations  of appropriations  for the next  three years to
implement the bill as reported,  the Committee considered ex-
perience with  the Air Quality Act of 1967 and further consulted
with  the  Administration  for estimates  of  resources needed to
implement the proposed amendments.
  Appropriations for the 1967 Act have been approximately one-
half the amount authorized. This lack of funding has lessened the
effectiveness of the Air Quality Act. The authorization for fiscal
year 1969 was $185  million, the amount appropriated was $88.7
million. For fiscal year  1970 the amount authorized was $179.3
million, and $108.8 million was appropriated. The bill reported
from  Committee would provide an authorization of $275 million
for fiscal year  1971—the budget request is for $106 million.
  This pattern cannot continue if the Congress  and the  Federal
Government are to retain credibility with the American people.
The authorization figures contained in the bill represent the best
estimate of the Committee in consultation with  the Administra-
tion, of what will be  required to implement its provisions.
  The following table is an estimate developed by the Adminis-
tration referring only  to  resources necessary to implement the
proposed amendments and excludes authorizations necessary to
implement the research  authority contained  in section 104.
                                                        [p. 44]

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1252                LEGAL COMPILATION—Am
         ESTIMATE OF RESOURCES NEEDED TO IMPLEMENT PROPOSED AMENDMENTS '
                 TO CLEAN AIR ACT AS CONTAINED IN SENATE BILL
                           (Dollars in thousands]

                              Fiscal year 1971    Fiscal year 1972    Fiscal year 1973

Air quality monitoring.. _ 	
Production car testing.. ... .
National emission standards 	 	 	
Fuels/fuel additives regulation 	 	 _
Control program assistance:
(1) Technical assistance 	
(2) Control program grants 	 	
(3) State vehicle inspection grants 	 	
Mobile source standards 	 	 ..
Used vehicles 	 	
Instrumentation 	 	 	
Fuels conversion 	 	 	 	
Vehicle R/D 	 	 _. 	
Federal facilities and procurement 	 	 .
Position
85
30
107
20

254
26
2
7
16
4
1
3
15
Amount Position
$3,700
1,070
2,210
980

6,100
12,900
2,500
655
1,275
1,200
500
750
500
205
80
130
30

402
12
29
11
16
20
2
3
35
Amount Position Amount
$3,750
3,330
3,300
1,100

11,170
6,300
32,500
660
1,800
5,800
1,000
750
1,200
205
100
130
30

410
16
50
12
19
20
10
3
50
$3,750
3,900
3,300
1,100

11,415
8,000
75.COO
240
1,800
5,800
10,000
1,000
1,700
    Subtotal1			   570   34,340    975  72,660   1,055   127,005
Forward planning estimate; implement current
 legislation			  1,141  112,018   1,450  160,506   1,755   186,100
    Subtotal cost to implement new legislation..   1,711  146,358   2,425  233,160   2,810   313,105
Effects research, sec. 107			     30   3,000    110   5,000     120    7,000
   Grand total	   1,741  149,350   2,535  238,160   2,930   320,105
 1 Excludes sec. 107 effects research.

  The Committee bill includes a provision amending section 301
of existing law to provide the Secretary with authority to procure
personal services through contract without reference to the Civil
Service laws and the Classification Act of 1949.  This provision
alone would not, without full funding of the authorizations con-
tained  in section 317, provide for adequate manpower. However,
it would remove one serious obstacle.
  In 1967 it was indicated that to fully implement the  1967 Act
the  National Air Pollution Control Administration  would need
1,900  employees in fiscal year  1970.  Actual  employment at the
beginning of fiscal year 1970  was 1,024, or 876  less  than the
stated  need.  By mid-fiscal  year 1970  the National Air  Pollution
Control Administration's employment had fallen to  971, or 929
below the stated need.
  In fiscal year 1968 NAPCA's employment  was  1,070; in fiscal
year 1969 employment was 1,065  (a decrease of 5), at the  begin-
ning of fiscal year  1970 the employment was  1,024  (a decrease
of 46 from the  1968 level),  and  by mid-1970 employment had
dropped to 971 employees (a decrease of 99 from the 1968 level).

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             STATUTES AND LEGISLATIVE HISTORY         1253

  The availability of manpower, with adequate funding, can pro-
vide effective implementation of this act. The committee expects
that past trends will be reversed and that required manpower will
be made available to implement the program.
                                                        [p. 46]

  INDIVIDUAL  VIEWS OF SENATOR ROBERT J. DOLE

  On February 10, 1970, President Nixon, in the first Presidential
message to Congress on  the  environment, proposed far-reaching
legislative and  administrative initiatives to restore and preserve
our precious natural resources. The President pointed out that
we have "too casually  and too long abused our natural environ-
ment."  He emphasized that "the  time has come  when we  can
wait  no longer to repair  the  damages already  done, and  to
establish new criteria to  guide us  in the future."
  A major  portion of the 37-point  program proposed by the
President was  devoted to air pollution.  He accurately described
air  as "* * *  our  most  vital resource,  and  its pollution  *  *  *
as *  * * our most serious environmental problem."
  The bill reported from committee is in response to this challenge
and is the result of bipartisan efforts by committee members and
the executive branch. It contains elements of legislation  introduced
by Senator  Muskie, chairman of  the Subcommittee on Air and
Water Pollution,  as well as aspects of legislation  introduced by
Senator Scott,  minority leader, on behalf of the administration.
Specifically,  the following Presidential administrative and legisla-
tive  recommendations for control  of air pollution are contained
in the bill:
      1. More  stringent motor vehicle emission standards.
      2. More  effective  procedures  for insuring  that   motor
    vehicles meet the low  pollution standards.
      3. Authority to regulate fuels and fuel additives.
      4. Financial support for research and development of un-
    conventional  pollution-free power  sources.
      5. National ambient air quality standards, with  the States
    required to prepare  implementation plans for meeting these
    standards.
      6. Accelerated designation of interstate air quality control
    regions.

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1254              LEGAL COMPILATION—AIR

      7. Establishment of national emission standards for pollu-
    tants which are extremely hazardous to health and for new
    facilities which could be major contributors to air pollution.
      8. Extension of  Federal authority  to seek court actions
    against both interstate and intrastate air pollution.
      9. Court authority to impose increased fines for violation
    of emission requirements.
  While I am in substantial agreement with the bill as reported, I
feel there are certain provisions which could be improved, and one
in particular  merits  discussion.  We have  established the  1975
model year as  the deadline for achieving a 90-percent reduction in
automobile emissions from  specified 1970 levels, The  committee,
recognizing that  there  might  not be sufficient  time for  the
industry to meet this standard, provided for a 1-year extension of
the deadline by the Secretary, subject to judicial review. However,
I believe a combination of
                                                        [p. 471

administrative and congressional action would be more consistent
with the intent of Congress; and,  at the appropriate time, I intend
to introduce an amendment in the form of a substitute for section
202 (b) (4)  to  provide automobile manufacturers an  opportunity
to petition the Secretary for a 1-year extension of the 1975 dead-
line. If the Secretary, who possesses the expertise and fact-finding
authority, finds  the  extension  to be  in the public interest, and
also finds that all possible good faith efforts  to meet the standards
have been made,  and the  technology is not available, he must
recommend  to Congress  a  1-year extension. The Congress,  with
a complete record of information available  to it, will then be in
a position to determine  if the Secretary's  recommendations are
in the public interest.  Congress  has made  a policy judgment in
establishing the 1975 deadline, and it is only logical that Congress
should have the authority  to  review  that policy decision on the
basis of social, health, and economic considerations, which might
become  apparent as that deadline approaches.
  By the terms of the amendment, Congress would be given the
final opportunity to act,  thus  placing the responsibility where it
should be. The  procedure  is similar to that employed in  the
executive reorganization acts and would be more expeditious  than
depending on court action with the potential for delay incumbent
in that process.

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              STATUTES AND LEGISLATIVE HISTORY          1255

            COMPLETE TEXT OF PROPOSED AMENDMENT

   Amend section 202(b) (4) to  read as follows:
   "(4) (A) Within 24 months but no later than 12 months before
 the effective date of standards established pursuant to this sub-
 section any manufacturer or  manufacturers may  file with the
 Secretary an application for a public hearing on the question of a
 suspension of the effective date of such standards for one year.
 Upon  receipt of such application, the Secretary shall promptly
 hold a hearing to enable such manufacturer or manufacturers and
 any other interested person to present information revelant to
 implementation  of the standards.
   "(B) In connection with any hearing under this subsection, the
 Secretary may sign and issue  subpoenas for the attendance and
 testimony  of  witnesses  and  the  production  of relevant  papers,
 books, and documents, and administer oaths. Witnesses summoned
 shall be paid the same fees and mileage that are paid witnesses in
 the courts of  the United States. In case of contumacy or refusal
 to obey a subpena served upon any  person under this subpara-
 graph, the district court of the  United  States for any  district
 in which such person is found or resides or  transacts business,
 upon  application by the United States and after notice to such
 person to appear and give testimony before the Secretary or to
 appear and produce documents  before the Secretary, or both, and
 any failure to obey such order of the court may be punished by
 such court as a contempt thereof.
   "(C) Within 6 months after  such receipt of the application for
 suspension, the Secretary shall,  if he finds upon the preponderance
 of evidence adduced at such hearing that a suspension is essential
 to the public interest and the general welfare of the United States,
 that all possible and good faith efforts have been made to meet the
 standards established by this subsection, and that effective control
 technology,  processes, operating  methods or  other alternatives
 are not available or have not been available for sufficient  period
to achieve compliance
                                                        [p. 48]

 prior  to the effective date of such standards  even with the full
application of section 309 of  this Act, recommend to Congress
that (i) the effective date of such standard be suspended for a
period of only  one year, and  (ii)  the  emission standard  that
should be applied during any  such suspension which standard

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1256              LEGAL COMPILATION—Am

shall  reflect  the greatest degree  of  emission control  possible
through the use of technology available.
  "(D) The findings and recommendations required by this sub-
section shall not be subject to judicial review. Such recommenda-
tions shall be effective as law at the end of the first period of 60
calendar days of continuous session of Congress  after the date
on which the recommendation is transmitted to it unless, between
the date of transmittal and the end of the 60-day period, either
House passes  a resolution stating in  substance that  the House
does not favor such recommendation.
       " (2)  For the purpose of this subsection:
       "(i) Continuity of session  is broken only by an adjourn-
    ment of Congress  sine die; and
       "(ii)  The days of which either House is  not  in  session
    because of an adjournment of more than 3  days to a  day
    certain are excluded in the computation of the 60-day period.
       "(E) Nothing in this  subsection shall extend the effective
    date of any  emission standard established pursuant to  this
    subsection for more than one year."
  Adoption  of the above amendment  will provide a responsible
answer to a  difficult problem. If Congress, in a declaration of
national policy, establishes stringent emission requirements for the
automobile industry,  it should assure congressional  review of
that policy judgment  in the event that compliance with those
standards is not possible.
  My State of Kansas is fortunate that it does not face so many
of the severe problems of air pollution confronting more intensive-
ly industrialized States. Passage of this bill will assist  in remedy-
ing the problems which do exist and insure the preservation of the
high quality  of air Kansas presently enjoys. Specific pollutants
present in the Kansas City air  quality control  region  will be
subject to action by both Kansas and Missouri within 3 years.
  Under this  bill, we  can continue to encourage  the  location of
new industry in Kansas  and other rural and unspoiled  regions
without fear of polluting the high quality of air  found there. At
the same time, national standards for new stationary sources will
not place some States  at a  comparative disadvantage affecting
industry decisions on plant locations.
  I join my colleagues in unanimously reporting this bill  and ask
them to join me in seeking passage of the above amendment.
                                                  BOB DOLE
                                                        [P. 49]

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             STATUTES AND LEGISLATIVE HISTORY         1257

INDIVIDUAL  VIEWS OF SENATOR EDWARD J. GURNEY

  I wish  to  express my  support  of  S.  4358,  the  National Air
Quality Standards Act of  1970. There can be no denying that the
problem of air  pollution must be dealt with in  the strongest pos-
sible manner and given the same  scrutiny, attention,  and high
priority that we have  given other urgent national problems.
  The problem of  air pollution and its effect on the health of our
people  has  been generally recognized by  most sectors of our
society as a major domestic issue,  ranking along  with crime,
poverty, and economic problems. Dealing with a problem of such
magnitude requires the teamwork of effective  congressional and
administrative  action,  an  all-out effort on behalf of every Ameri-
can citizen. With  such high stakes involved, I would hope that
everyone concerned will respond to this  problem accordingly. As
the President said in his February message on the environment:
  "I have sent  to this  session of Congress a sweeping set of pro-
posals to  clean up our Nation's air and water and  to make our
land more livable. * *  * The time has come  when we can wait no
longer to  repair the damage already  done,  and to establish new
criteria to guide us in  the future *  *  *"
  There are a number of complex sections in this bill, and I feel
that the Public Works Committee  has worked hard to  come up
with  an effective, workable piece  of legislation. Special credit
should go to the Subcommittee on  Air and Water Pollution. But,
the bill as reported out of the committee contains some features
which trouble me.
  I am particularly concerned about two portions of the  bill: (1)
the establishment  in the bill of a figure for emission pollution  for
motor vehicles for January 1, 1975, and (2) the  method of judicial
review of a request for temporary relief from this deadline as set
forth in the bill.
  The spelling out in the bill of a standard for motor vehicle emis-
sion is  unique.  Setting of other standards for  pollution  emission
by other sources is left up to the Secretary  of Health, Education,
and Welfare, which is surely sensible since his aids and the  ex-
perts on pollution are  possessed of the required expertise.
  I fear that the spelling out in the bill of auto emission standards
and mandating them for January 1, 1975, is open to the  criticism
that it is  arbitrary. Earlier in the year,  auto industry heads met
with the President and pledged the attainment of new and strin-

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1258              LEGAL COMPILATION—Am

gent antipollution standards by 1975; at the same time, a still
more stringent goal roughly halving these 1975 requirements was
proposed for  achievement by 1980. This bill simply cuts  both
time and standards in half  by substitution of the year 1975 for
the year 1980.
  Although I  do not sit on  the Subcommittee on Air and Water
Pollution,  I am advised that no  hearings were  conducted on the
matter of whether the 1980 goals can be met  by January 1, 1975.
In fact,
                                                       [p. 60]

the auto industry had no inkling of a 5-year  advance of goals
until the full committee began its markup.
  Several top  auto officials have stated that the standards estab-
lished in the bill are impossible of attainment for January 1, 1975.
  I do not know whether or not this is true, and neither does any
other member  of the committee.
  Even so, I think that the January 1, 1975 deadline can be left in
the bill, provided there is a sensible way to review whether this
standard can be met and a means for relief if it is found that it
cannot be met.
  As the bill  is now written, a manufacturer or manufacturers
may apply to  the Secretary of  Health, Education, and Welfare
within 24 to 12 months  before  the effective compliance date of
January 1, 1975, requesting a 1-year extension of this date. Within
6 months  of receipt  of such application, the Secretary will  be
required to issue a decision. This decision would then be subject
to judicial review by the U.S. Court of Appeals for the District ot
Columbia Circuit and further, if necessary, by the Supreme Court.
  I suggest this court review is cumbersome and time consuming.
The court will have no technical knowledge of this extremely com-
plex subject.
  I would suggest that this section be changed to keep this de-
cision-making process totally within the jurisdiction of the Secre-
tary of Health, Education,  and  Welfare, and that the Secretary
have the authority to make two 1-year extensions, instead of only
the 1 year as the bill now provides.
  It is the intent of the committee in the bill as written, that the
Secretary, after consultation with appropriate  advisory commit-
tees, independent experts, and Federal departments and agencies,

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             STATUTES AND LEGISLATIVE HISTORY         1259

and after hearing the comments of interested persons, shall set
emission level standards for moving sources.
  Further, it is the Secretary who shall be responsible for the
primary review of such standards and their implementation and
it  is  the Secretary  who, in  the  final  analysis, shall  have the
authority, under the bill, to change these standards. I think it is
not unreasonable, therefore, to presume that the Secretary having
been charged with such great responsibility, is  in the best position
to  make  a final determination as to any need for a suspension of
the compliance  date, which we have set.  As a  matter of fact, the
pollution experts within the Department of  Health, Education,
and Welfare have been working closely for some time now, in a
supervisory and enforcing role, with the automotive industry.
  I do not think that a suspension would be  lightly or casually
granted  by  the Secretary. But,  if  such  a  suspension is deemed
necessary  (after  an  exhaustive  administrative  proceeding at
which all points of view are heard, considered and digested) there
would appear to me  to be no valid  reason to subject such a good
faith  finding by the  Secretary to the further  scrutiny of courts.
In fact,  a  further court  review might  delay unnecessarily the
enforcement provisions of the bill.
                                        EDWARD J. GURNEY.
                                                        [p. 51]
             SECTION-BY-SECTION ANALYSIS

                          SECTION 1
  This section provides that the short title is the "National Air
Quality Standards Act of 1970."

                          SECTION 2
  Subsection (a) amends section 104(a) (1) of the Clean Air Act
to provide that the Secretary of HEW shall conduct research on
the removal of air pollution agents or combinations thereof from
fuels prior to their combustion;  on improving  the  efficiency of
fuels combustion so as to decrease emissions of pollutants into
the air; and in developing and producing synthetic or new  types
of fuels which,  when combusted,  result  in substantial reduction
of emissions of pollutants into the air.

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1260              LEGAL COMPILATION—Ant

  Subsection (b) amends section 104 (a) (2) of the Clean Air Act
by adding to that section a provision which requires  the Secre-
tary to provide grants to pay part of the costs, as determined by
him, of programs designed to  develop low emission alternative
propulsion sources for the  present internal combustion engine.
  Subsection (c) amends section 104 (c) of the Clean Air Act by
extending the  authority for  research  on  fuels  and  vehicles
through the end of fiscal year 1973.  It authorizes appropriations
totalling over a 3-fiscal year period $450 million.

                          SECTION 3

  Subsection (a)  amends section  105 (a) of the Clean Air Act
by adding a new paragraph. Under this paragraph the Secretary
may pay up to 75 percent of the costs of planning, developing,
establishing, or  improving regional air quality control  programs
and up to three-fifths of the cost of maintaining such programs.
Before making such grants,  the Secretary  must determine that
the regional program is operated by the State air pollution agency
and is applicable to the entire air quality control region; that the
State has adequate regulatory  authority, including  effective en-
forcement  tools, to  abate and control air pollution  from all
sources, including moving sources, in such region; that the  State
program does not supplant any  such program of any municipality
or a group of them unless the Governor determines that the public
interest requires it; that non-Federal matching funds for the
region will not  be reduced, and that Federal grants  will  be in
addition to other funds  available to  the State agency; and that
there is an adequate and effective State program of coordination.
  Subsection (b) adds to section 105 of the Clean  Air Act two
new subsections.
                                                        [p. 62]

  The first authorizes the Secretary to reduce grant  payments
when the grant recipient is detailed personnel of the Public Health
Service under section 301 (b) of the  Act to aid in implementing
the Act's objectives.
  The second directs the Secretary to withhold grant funds under
section  105 of the Act where he determines that a program of
any air pollution control is and will continue to be under-staffed
or under-funded.

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             STATUTES AND LEGISLATIVE HISTORY          1261

                          SECTION  4

  This section strikes from section 106 of the Clean Air Act sub-
section  (b) relating to the designation  or establishment of air
quality planning commissions and makes  other technical changes.

                          SECTION  5
  This section repeals the present sections 107 through 109 of the
Clean Air  Act  and substitutes new sections 107 through 109 to
the Act.

Section 107
  The new section directs  the Secretary to give special emphasis
to research on the effects of air pollution agents or combinations
thereof on  public health and welfare to improve knowledge of the
contribution of such agents to the occurrence of adverse effects
of health and the short- and long-term effects of such agents on
the total human environment.
  It directs the Secretary to conduct epidemiological studies of
the effect of such agents on mortality and morbidity; to conduct
clinical  and laboratory studies; to utilize  the facilities of existing
scientific laboratories and research  centers  of other  Federal
agencies where such facilities  are reasonably  available for such
purposes; to  utilize  the authorities of section  103(b) of the Act
for such research; and to consult with other Federal agencies to
avoid unnecessary duplication of  research and studies.
  The new section authorizes the Secretary to enter into contracts
for up to 10 years even though funds beyond the first year of the
contract may not yet be  appropriated. Authorization up to $15
million  is authorized for  such long-term contracts. This author-
ization sum is in addition to other sums appropriated under the
Act.
  The new section makes available for the benefit of the general
public all  developments  from  research,  demonstrations,  experi-
ments, or other such work carried out, contracted for, sponsored,
or authorized under the Act after this section  is effective.
Section 108
  Section 108 provides for the designation of  air quality control
regions. Within  90  days  after  enactment, the Secretary  must
designate  all those  interstate  and  major  intrastate air  quality
control  regions which are not yet designated under the Act which
    526-703 O - 73 - '

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1262               LEGAL COMPILATION—Am

he believes are necessary and appropriate for such designations.
The  designations must be based on administratively practicable
jurisdictional  boundaries, the  need to encompass in the region
entire  areas of significant  urban  industrial concentrations, the
existing levels of ambient air quality,  and
                                                         [p. 53]

other factors that will lead to prompt and effective implementation
of ambient air quality standards for that region. Regions desig-
nated prior to the effective  date of this subsection are continued,
but those regions and the  new ones  must be  reviewed at least
every 5 years  and,  if appropriate, modified. Any State or portion
thereof not included in  a designated  region shall be  considered
a region for the purpose of the Act. In such cases the Governor
of a State may subdivide such non-designated region into two or
more regions  to facilitate the development of effective implemen-
tation plans.

Section 109
  This new section directs  the Secretary to publish (initially 30
days after enactment) a list of air pollution agents or combination
thereof for  which air quality criteria  will be issued. He can add
to the list periodically. The agents on  the initial list must include
all those pollution agents or combinations of agents which  have;
or can be expected to have, an adverse effect on health  and wel-
fare and  which are emitted from  widely distributed mobile and
stationary sources, and all those for which air quality criteria are
planned.
  Twelve months after such initial list is published, the Secretary
must issue air quality criteria for those listed agents.
  The Secretary must also issue information on air pollution con-
trol  techniques.
  This section continues in effect those air  quality criteria and
information on  pollution control  techniques published  prior to
this section.
  This section provides that such criteria and information shall
be published in the Federal  Register and be available to the public.

                           SECTION 6
  This section redesignates the present sections  110 and 111 of
the Clean Air Act as sections 117 and 118, and adds to the Act
seven, new sections.

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             STATUTES AND LEGISLATIVE HISTORY         1263

Section 110
  This section  directs the  Secretary to publish in the Federal
Register proposed national ambient air quality standards for any
air pollution agent or combination thereof for which  air quality
criteria were issued by him  prior to the enactment of this section.
After  allowing  a reasonable period for  the public  to submit
written comments only on such standards and for consideration of
such comments,  the Secretary must finally promulgate them with
modifications if  needed. Such promulgation must occur not later
than 90  days after they are proposed.
  In regard to such pollution agents for which such criteria are to
be  issued  after  enactment of this section, the Secretary shall
publish together with the issuance of such criteria, such standards
in the same manner as just described.
  Such standards shall be the ambient air quality standards which
must be attained and maintained to protect the health  of persons.
  When national ambient air quality standards are proposed  the
Secretary must also publish national air quality goals necessary to
protect the public health and walfare from any known or antici-
pated effects associated with the  presence of such agents in  the
ambient air.
  Standards and goals are  effective on  promulgation.
                                                        [p. 54]

Section 111
  Whenever  ambient air quality standards and goals are promul-
gated under section 110 of this Act, each State must, after public
hearings, develop, adopt, and submit to the Secretary,  within 9
months, plans to implement, maintain, and enforce such standards
and goals in each air control region, or the portion thereof located
in such State. Such public hearings shall consider more restrictive
standards, unless a separate public hearing to consider more re-
strictive standards is provided. The  Secretary must  approve or
disapprove the adopted plans within 4 months after the 9 month
period.
  The Secretary shall approve a  plan if, among other things,  it
provides for the attainment of the standards within 3 years, in-
cludes emission  requirements and schedules of compliance, in-
cludes provisions for monitoring devices,  includes  effective pro-
cedures, including land  use and  air  and surface transportation
controls and permits, to insure that all air pollution sources will

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1264              LEGAL COMPILATION—Ant

not prevent or interfere with the attainment and maintenance of
such standards and  goals, and provides that the State  has ade-
quate personnel, funding,  and authority to carry out and enforce
the plan, including emergency powers comparable to section 303
of the Clean  Air Act.
  Where a region covers two or more States, the  plan of both
States must be compatible.
  The Secretary may  extend the time to submit portions of a
plan dealing with ambient air  quality goals where he  believes
there is a good faith effort to comply, but the extension  shall not
be more than 18 months.
  If a State does not adopt and submit a plan for an air quality
control region within the period prescribed, or if the Secretary
disapproves a plan, the Secretary must promptly  prepare and
publish proposed  regulations setting  forth  a plan  for  the  ap-
propriate air quality control region. Where the State fails to hold
a public hearing concerning the adoption of a plan for that region,
the Secretary must provide an opportunity for such hearing on
the proposed  regulations. In publishing  such regulations,  the
Secretary shall invite written comments unless a public hearing
is required. Within 6 months after the date established for a State
to submit adopted plans,  the Secretary, if a State has not done
so,  must finally promulgate such regulations which shall there-
after be the plan for that region  until the  State adopts and
submits a plan and such plan  is approved. Regulations published
and promulgated by the Secretary must be consistent  with  the
criteria set forth in subsection (a) (2) of this section.
  This section provides that standards and plans adopted by any
State and approved  by the  Secretary prior to enactment of this
section will continue in effect unless the Secretary  determines?
that they are inconsistent with the Clean Air Act, is  amended
by  this bill,  and will  not achieve air quality within the time
prescribed. If he so determines, he must notify, within  90 days
after standards are promulgated under section 110 (a) (1), the ap-
propriate State or States and specify the areas which are  deficient.
If the State does not adopt, after public hearings, such necessary
changes  and within 6 months after such notice, the Secretary
shall promulgate by regulation such changes which will thereafter
be effective.
  Whenever the Secretary or his representative finds from new

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             STATUTES AND LEGISLATIVE HISTORY          1265

information developed after a plan is approved that the plan is
not or
                                                         [p. 55]

will not be adequate to achieve promulgated ambient air quality
standards he must notify the  appropriate States and give them
an  opportunity to respond to the new information.  If the  State
fails to respond or makes an inadequate response within 90 days
after notice, the  Secretary shall publish, and finally promulgate,
revisions to the implementation plan of that region.  The revision
can include a  revision in the time established to attain national
standards, but, if the revision involves an extension of that time,
such extension shall not be for more than a year. Further, such
extensions shall  not affect any emission requirement, timetable,
or  schedule of compliance unless one of  them is the subject of
revision.
  Not later than 1 year prior to the end of the period established
to attain ambient air at the quality established by any nationally
ambient air quality  standard,  the  Governor of a State in  which
an  air quality  control region is  wholly or partially  located may
petition the appropriate Federal District Court for relief from the
effect of the expiration of such period on that region or some part
of  it or  on a  person or several persons in the region.  If the
region is  an interstate one, other  affected Governors may also
intervene in opposition  to or  in  support of the petition. The
petition must  be heard and  decided by a three  judge court and
their decision may be appealed directly to the Supreme Court.
Provision is made for the District  Court to re-arrange its docket
of cases in order to give priority to the petition. Where the  Secre-
tary is not automatically a party to the action, he must intervene
to present evidence  and argument on the merits of  the petition.
Others may also intervene at the  court's discretion.
  This section limits the powers of the court in granting relief by
establishing clear criteria for it to  follow in reaching its decision.
The section established that the paramount interest of the Nation
is achieving ambient air quality to protect health.  Thus,  relief
can only be granted if the court clearly determines it essential to
the public interest  and the general welfare  of persons  in the
affected region. The court must find that substantial efforts have
been made by the State or States and  others  in the region to
protect the health of persons in the region  and that means to
achieve the standards are not available or have not been available

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1266              LEGAL COMPILATION—Am

for a sufficient period to achieve compliance, or that such failure
is primarily caused by the failure of the Federal Government to
control emissions from a facility granted an exemption by the
President under section 118 of the Act. The court may grant an
extension for 1 year,  although  further 1-year extensions are
possible on the filing of new petitions each time and the holding of
new hearings and  the making  of new findings.
  If the  court grants an extension the Secretary is  required to
make necessary modification  in  the applicable  implementation
plan to achieve compliance within the year grace period.
  Court extensions shall not affect compliance with emission re-
quirements, timetables, schedules  of compliance, or other portions
of an implementation plan unless they are the subject of the
specific court order extending  the time.
Section 112
  This section makes it clear that the States may adopt for any
air quality control region and  are encouraged to do  so, as  their
needs demonstrate, stricter ambient  standards or plans, or  emis-
sion standards to  maintain a  higher level of  air  quality  or to
achieve that  quality in a shorter  period of time.
                                                        [p. 56]

Section 113
  The various terms  used in this new section are defined. This
section directs the Secretary to publish,  within 90 days  after
enactment and periodically thereafter, a list of categories of sta-
tionary sources which shall be subject to standards of perform-
ance.
  Within 120 days after such list  is published, the Secretary must
publish  proposed regulations  establishing  Federal standards of
performance  and give the public an opportunity to present written
comments thereon. After considering the  comments  and,  if ap-
propriate, making modifications in the regulations, he shall,  with-
in 90 days after such publication,  promulgate such standards.
Such standards are effective upon promulgation. The  Secretary
may distinguish between classes, types,  and sizes within each
category.
  This section and the standards  developed thereunder will apply
to new sources owned and operated by the United States.
  It provides for the  promulgation of regulations concerning the
certification of compliance with any standard of performance and

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              STATUTES AND LEGISLATIVE HISTORY         1267

for the issuance of  such certifications by  the  Secretary.  Each
State may establish  its own certification  procedure which  is at
least equal to that established by the Secretary. In  such cases,
the Secretary shall delegate  certification to the State. The Secre-
tary retains unrestricted enforcement authority.
   This section directs owners or operators of new sources to keep
records, make reports, install and use monitoring equipment, and
provide information  to the Secretary to  insure  compliance  with
this section, and to permit authorized personnel to have access to
and copy records as needed.  Except for emission data, the Secre-
tary may consider such records, reports,  or  information confi-
dential only  if the owner or operator shows,  to the  satisfaction
of the Secretary, that any such information, if made public, would
disclose proprietary information.  Matters not  directly related to
such information would not be eligible for confidential treatment
in accordance with section 1905  of title 18 of the United States
Code. Such  confidentiality,  however,  will only  extend to  that
portion of the information that would so  reveal such process or
secret.
   This section makes it unlawful to operate a new source without
a certification, to operate any certified source  in violation of the
standards, or to fail to comply with recordkeeping requirements.
It authorizes injunctions and civil penalties for such violations.

Section 114
  This  new  section  defines  the  terms  "selected  air  pollution
agents" and "owner or operator"  as used in this section.
  The section directs the Secretary to compile and publish within
180 days after enactment and periodically thereafter a list of air
pollution agents or  combinations thereof  for  which he believes
emission standards are appropriate.  Thereafter, he will periodi-
cally publish regulations establishing emission standards for such
agents. The objective of the regulation is to insure that emissions
of such pollutants will not endanger public health. The emission
standards shall be effective not later  than 24  months after pro-
mulgation.
  The section authorizes the Secretary to waive the  application
of any such  standard to any stationary  source. To  obtain the
waiver,  the Secretary  must  find that the source has achieved
maximum air pollu-
                                                        tP- 57]

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1268              LEGAL COMPILATION—Am

tion control  using  control techniques currently feasible  at  the
time of application, and that the health of persons will  not be
adversely affected. The Secretary must publish his findings  and
his decision on a waiver application is subject to judicial review.
  The section contains recordkeeping and limited  confidentiality
provisions similar to those found throughout the Act.
  Provision is made for enforcement and sanctions for violation
of the provisions of the section.
  States  which  develop  adequate enforcement procedures  for
such standards shall be delegated enforcement authority.
Section 115
  This new  section  directs the Secretary,  within  90 days after
enactment and periodically thereafter, to  publish a  list of air  pol-
lution agents or combination thereof which are hazardous to the
health of persons as that term  is denned  in subsection  (b) of
this section  and which shall  be subject  to an appropriate pro-
hibition or emission standard developed under such section.
  Within 180 days after he publishes each such list, the Secretary
must publish a proposed prohibition of such emissions from  any
stationary source and hold a hearing thereon within 30 days after
such publication. Not later than  6 months after such publication,
he  must promulgate such prohibition and enforce  it as provided
in this section. But, if the Secretary  finds, based on a preponder-
ance of evidence on the record compiled at such hearing, that the
agent is not so hazardous, he shall immediately publish an emis-
sion standard for such agent in accordance  with the provisions of
section 114 of the Act. If he finds based  upon such evidence  that
the agent is itself hazardous  to  health but  a departure from the
proposed prohibition  will not be hazardous to health, he  shall
publish an emission standard for such agent.
   Provision is made  for  enforcement of  such prohibition  and
emission standard and  for recordkeeping  and limited confiden-
tiality provisions similar to those found  throughout the Act.
Section 116
   This new section prohibits and provides for the enforcement of
any violation by any person, as that term is defined in section 302
of the Act, of any applicable implementation plan, including any
emission requirements forming a part of that plan, or any emis-
sion standard or standard of  performance,  or procedural require-
ment  established under the Act.

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             STATUTES AND LEGISLATIVE HISTORY          1269

  Whenever there is a violation of any element of an implementa-
tion plan,  and the Secretary  finds that the State  wherein the
violation occurs is not administering its plan in the  manner con-
templated by this Act, as determined by him, the Secretary or his
representative shall issue an abatement order. No similar finding
is required for violations of standards of performance under sec-
tion 113 of the Act or emission  standards  under  section 114.
Where the person issued the order violates an emission require-
ment or standard or standard of  performance, the time stated
in the order to initiate abatement,  the violation must not exceed
72 hours; otherwise the time required for initiation of abatement
shall be stated in  the order. Copies of all orders are sent to the
appropriate State  air pollution control agency. Where the person
violating the prohibition  is a  corporation, the  corporate officers
must also
                                                        [p. 58]

get a copy of  the order. The  order remains in effect  until the
Secretary or his representative finds that the violation  has been
abated.
  This section  authorizes the Secretary  or his  authorized repre-
sentative to conduct appropriate investigations to carry out the
purpose of this Act.
  This section  directs the Secretary to  institute civil actions to
enforce such orders when there is no compliance with such order.
The court shall not stay any such  order unless it finds that the
public interest would not be affected by such a stay and that there
is a substantial likelihood that the violator will prevail on the
merits.
  This section  also provides criminal sanctions  for certain know-
ing violations of the  act.

                          SECTION 7
  This section  amends redesigned  section 118  of the Clean Air
Act.
Section 118
  This section directs that all Federal agencies shall  comply with
the requirements of the Act just as a  nonfederal agency or in-
dividual must do in the administration  of any  real property or
facility and in the conduct of any activity. Except for new sources

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1270              LEGAL COMPILATION—Am

subject to standards of performance under section 113, the Presi-
dent may grant exemptions for executive branch agencies where
it is in the paramount interest of  the United States,  so  long as
the exemption is not due to lack of  appropriations, unless  specific
appropriations were requested by him and the Congress specifical-
ly failed to provide the funds. The  exemptions cannot exceed one
year. Exemptions for agencies of the  legislative  and  judicial
branches must be by Act of Congress.
  The Governor, the Attorney  General, or any  citizen  of any
State affected by a failure of a Federal agency to comply with the
provision of this Act may seek to enforce this requirement under
section 304 of the Act.

                          SECTION 8

  This section amends sections 202 through 212 of the Clean Air
Act.
Section 202
  This revised section directs the Secretary to prescribe  regula-
tions establishing standards governing the  emission  of all known
pollution agents from vessels, aircraft, commercial and new non-
commercial vehicles and their engines which cause or contribute
to air pollution which endangers the public health or welfare.
  Such emissions standards must be based on the degree of emis-
sion control needed to protect the public health and welfare and
the implementation of ambient air  quality standards without any
reference to  the power source or the propulsion  system.
  Any regulation issued or proposed under title II of  the Act
prior to enactment of this revised section shall continue in effect
until revised by the Secretary.
  The regulations establishing these standards must be published
in accordance with 5 U.S. Code 553 which means that the public
must be given a reasonable opportunity to express their  views
through the  submission  of  written comments. After considering
these  comments, the  Secretary must promulgate  the regulations
with modifications, if appropriate.
                                                         [p. 59]

   This section  provides  that the  Secretary periodically review
regulations, standards, etc., and, revise them when appropriate.
   The effective  date o* the  regulations will be prescribed therein

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              STATUTES AND LEGISLATIVE HISTORY         1271

after considering, solely from a technical standpoint, what mini-
mum time is needed to achieve compliance.
  This  section provides  that  1975 models of new light duty
vehicles  or  new  light duty  engines  or  those  produced after
January 1, 1975,  must, for purposes of certification, comply with
emission standards established by  the Secretary for certain  air
pollution agents.  Such compliance  shall  mean, at a minimum, a
reduction of the emissions for 1970  model year vehicles or engines
of 90 percent. Such emission standards shall be based on measure-
ment techniques  to be  established  180 days after  enactment by
the Secretary. The  Secretary  shall determine, and publish  his
determination as soon as possible  after  enactment, vehicles  and
engines which fall into the category of "light duty."
  Five years and one day after criteria are published for air pol-
lution agents for which no emission standards were  in effect prior
to enactment of this bill, new light  duty vehicles or engines shall,
for purpose of certification, comply with emission  standards  es-
tablished by the Secretary. Such standards  must, at a minimum,
represent a 90 percent reduction from the average of such agents,
as measured from 1970 models.  The Secretary must publish such
standards at the  same time as he promulgates national ambient
air quality standards. He must afford an opportunity for written
comment. Ninety days thereafter, he must promulgate such  stand-
ard finally unless he finds during this period, and publishes such
finding, that a more or less stringent emission standard  is  neces-
sary to achieve and maintain the national standard in any region.
In such case, he shall promulgate the revised final vehicle  emission
standard. Such emission  standards shall be based  on  measure-
ment techniques established by the Secretary within 90 days after
criteria are published.
  Provision is made for suspending the effective date of standards
required by this subsection for one year only. To obtain relief from
the effective  date, a manufacturer must apply for  it within 24
months, but not later than 12 months before the standard is to be
effective. The Secretary must hold a public hearing on the request
and may permit interested citizens or agencies to intervene. The
filing of a request does not stay the effect of the standard.
  The Secretary  must act on  the request for suspension within
six months. The Secretary, based on the  hearing record, may  de-
cide to grant the request if he determines and publishes it that the
suspension is essential to the public interest and the general wel-

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1272               LEGAL COMPILATION—Am

fare, the manufacturer has clearly demonstrated that a bona fide
attempt to comply with the emission standards was  made,  and
that the manufacturer has  established at the  hearing by a pre-
ponderance of evidence that effective control technology, process-
es, operating methods, or other alternatives are not available or
have not been available Icng enough to achieve compliance. If the
Secretary grants the manufacturer's request for relief, he must
also promulgate interim standards which will require  application
of the best available technology to achieve the greatest degree of
emission control possible.
  Provision is made for judicial review of the Secretary's decision
at the request of the manufacturer  or other citizens or agencies.
The
                                                         [p. 60]

court is bound by the same criteria as the Secretary. Such review
does not stay the effective date of a standard.
  If  and when new  power sources  or  propulsion systems for
vehicles are developed and submitted for certification to determine
their pollution effect, the Secretary must determine that they will
not cause or contribute  to a violation of a national ambient air
quality standard.
  Regulations concerning aircraft and  vessels will require  con-
sultation with the FAA and the  Coast Guard. The Secretary of
Defense may exempt public vessels and aircraft from the require-
ment for a period of one year.

Section 203
  This revised section extends the prohibitions now in the Act to
vessels and aircraft and their engines and to owners or operators
of vessels, aircraft, commercial or  new non-commercial vehicles
and their  engines. It also prohibits,  except for maintenance or
repair purposes, the removing  or rendering inoperative of devices
or other elements installed on vessels,  aircraft, or vehicles and
their engines prior to  delivery  to an  ultimate purchaser, or during
use.
   The Secretary can exempt certain vessels, etc., for research, in-
vestigation, study, demonstration, or  training purposes only.
   The revised section also extends the provisions of the Act con-
cerning admission of new vehicles and  their engines into the
United States to new vessels and aircraft and their engines.

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             STATUTES AND LEGISLATIVE HISTORY         1273

Section 204
  This section continues with some technical changes to the pres-
ent provisions of the Act concerning injunctions. It adds to this
section a requirement that the Secretary delegate this authority to
any State that has effective authority and will use it to enforce
under this title of the Act.
Section 205
  Except for some technical changes, this section is not substan-
tially changed.
Section 206
  Under this revised section, provision is made for testing or ar-
ranging  for such  testing  of new vessels and aircraft or their
engines,  or a class thereof (in addition to  vehicles  and their
engines as now required by this section) as submitted by a  manu-
facturer, including an importer, to determine  if they conform to
the regulations. If they do, a certification of conformity  is issued.
Testing  and  certification of vessels will  be  done by  the Coast
Guard for the Secretary.  Testing  and certification of aircraft
will be done by the FAA.  The Defense Department will conduct
testing for military vessels, aircraft, and engines.  The Secretary
must develop and publish regulations for testing and after written
comment shall  promulgate them.
  The Secretary must also establish for  manufacturers methods
and procedures for testing and to determine the relationship of
test results to the  section  202  regulations, and labeling require-
ments for all engines and for vehicles.
  The Secretary can at any time test each vessel, vehicle, aircraft,
or their engines subject to section 202 regulations and an  issued
certificate, while  such are in  the  custody and control  of the
manufacturer. If such
                                                         [p. 61]

tests reveal a failure to conform to such regulations, the Secretary
must  immediately notify the manufacturer, including importers,
thereof. He may then suspend or revoke the certification until he
finds that the class of vessels, vehicles, aircraft, or engines thereof
manufactured do  so conform  and  reinstates the certificate by
notice.
  When  a manufacturer is notified of such suspension or revoca-
tion  or the denial of such certification, he may  appeal to the
Secretary with 30 days thereof and request a public hearing.

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1274              LEGAL COMPILATION—Ant

Such an appeal will not stay such action. The Secretary then must
make a finding of fact and issue a decision which is subject to
judicial review by the U.S.  Court of Appeals for the District of
Columbia. The findings of the Secretary shall be presumed correct.
Again the appeal does not automatically stay the suspension.
  To enforce Title II of the Clean Air Act, authorized representa-
tives of the Secretary may enter  any facilities of a manufacturer
or dealer where vessels, vehicles,  aircraft, and engines are manu-
factured, assembled, or constructed  or held for introduction into
commerce or held for sale  or resale after such introduction to
inspect them.
  Every manufacturer must provide,  at the  time of  delivery,
dealers and the ultimate purchaser a certificate that the vessel,
vehicle, aircraft, or engine conforms to the regulations.

Section 207
  This revised  section provides for the  testing of new vehicles or
new vehicle engines, or both, by the manufacturer before delivery
to the dealer or the ultimate purchaser to  assure  that they will
conform to the  certificate issued for the lifetime  emissions of such
vehicle or engine. Before any certificate is issued for such vehicles
or engines a manufacturer must have a testing  program. The
Secretary will establish by regulation methods and procedures for
such testing.
  This section  also establishes a manufacturer's warranty pro-
gram regarding systems or  devices installed to  control or reduce
emissions of air pollution agents. The warranty must  accompany
each new vehicle  or  new vehicle engine together with written
instructions for necessary maintenance by the ultimate purchaser.
The warranty  shall also extend  on behalf of subsequent pur-
chasers. A tag  shall also be affixed to each new vehicle and new
vehicle engine.  The actual cost, not the retail price, to the manu-
facturer  of emission  control devices or systems, including their
installation  costs,  and  the  warranty  thereof  shall be  disclosed
prior to delivery to the dealer to  the public by the  manufacturer.
Failure to do so subjects the manufacturer to the enforcement
provisions of title 15 of the U.S. Code section  1233 which shall
be utilized by the Secretary.
  Where the manufacturer finds defects in a new vehicle or engine
during the time of the warranty and such defect  causes or will
cause a nonconformity with the certification or regulations,  he

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             STATUTES AND LEGISLATIVE HISTORY         1275

must notify  the ultimate purchaser  or subsequent  purchasers
thereof of the defect within sixty days. The notice will state  the
defect, and the remedy to be taken at no cost to the owner. Copies
of the notice must be sent to the Secretary at his request.
  Where the  Secretary descovers defects  through  testing,  in-
spection, studies, or otherwise  he shall immediately notify  the
manufacturer and  publish  the  notice in the Federal Register,
within 30  days  thereafter.  The Secretary  shall provide an  op-
portunity for anyone to present
                                                        [p. 62]

views  either in writing or at a hearing.  Within 60 days after
the notice  is issued, the Secretary shall order the manufacturer
to notify the ultimate purchaser and subsequent purchasers of
the defect, unless based on the record,  the Secretary finds that
the class or category of new vehicles or new vehicle engines is in
conformity with the  regulations and  certification and publishes
his finding in the Federal Register.

Section 208
   This revised section authorizes the Secretary to  grant to  the
States up to two thirds of the cost of developing and maintaining
effective vehicle emission device systems inspection programs  and
emission testing and  control programs. These programs  must be
consistent  with the highway safety program of the Department
of Transportation and the grants, when made for a State vehicle
inspection  program, must be applied to air  pollution control only.

Section 209
   This section requires the making of reports and providing of
information  to the Secretary by a manufacturer. Whenever the
person providing such information clearly shows, to the satisfac-
tion of the Secretary,  that the disclosure of it for any purpose to
the public would directly result in harm to such person because
it would  involve the  divulging of proprietary information,  the
Secretary  shall  afford that  particular information confidentiality
in accordance with the purposes of 18 U.S. Code 1905. This  pro-
vision for confidentiality shall not apply to emission data. Further,
even where confidentiality is granted, all  such information may
be disclosed  to those Federal employees concerned with carrying
out this Act or when  relevant to  a proceeding under  the Act.

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1276              LEGAL COMPILATION—AER

Section 210
  The provisions  of this section,  with the  exception  of some
technical changes to include within its scope vessels and aircraft
and their engines, are nearly identical to the  present section 208
of the Act. However, provision is added for the States to impose,
after  hearings, and a confirming determination iby the Secretary,
more  restrictive standards required to implement national ambi-
ent air  quality standards. Further, this section makes clear that
a State could,  if necessary to  achieve  and maintain compliance
with  national ambient air  quality standards, control,  regulate,
or restrict under its law, the use, operation, or movement of air-
craft, vessels, or vehicles.

Section 211
  This new section directs the  Secretary to promulgate  promptly
Federal  standards of performance for  used vehicles  emission
control  devices or systems to reduce air  pollutants  from used
vehicles. Promptly thereafter, he  must publish regulations for
certifying and warranting such devices or systems. In  so  doing,
he must consider technical feasibility of installing and  maintain-
ing such devices or systems. After a reasonable time for written
comments, he shall promulgate such standards and  they shall  be
effective immediately.
  Once promulgated manufacturers and importers of such devices
or systems can only sell or offer for sale, or import into commerce,
devices or systems which conform to a device or system  tested
and certified by the  Secretary. Provision  is made for enforcing
this requirement.
                                                         [P. 63]

Section 212
  This  section continues the present provisions of section 210 of
the Clean  Air  Act concerning  the  registration  of fuels and fuel
additives,  but adds  to those provisions  requirements  concerning
the regulation of such fuels.
  The Secretary may prohibit the use of any fuel  in  commerce
which may provide  emissions that, he finds, would  endanger the
public health.  In  other cases,  he shall, after hearings, prohibit
their use in commerce if he finds it necessary to achieve effective
emission  control or to achieve an  economic alternative in emis-
sion control or to protect the general welfare. The Secretary can-

-------
             STATUTES AND LEGISLATIVE HISTORY          1277

not prohibit the use of any fuel if he finds that it would cause
the use of a substitute that would produce the same or greater
danger.

Section 213
  This new section provides for the establishment of standards of
low-emission vehicles  and their engines not  subject to  section
202 (b)  of the Act and for the testing and certifying thereof.

Section 214
  This  new section defines various  terms used in title II of the
Clean Air Act.

Section 215
  This section makes certain provisions of title II of the Clean Air
Act, as amended by this bill,  applicable to vehicles and  vehicle
engines manufactured 90 days after enactment of this bill.

                          SECTION 10

  This  section adds a new subsection to section 301 of the Act
which provides that hereafter contracts under the Clean Air Act
may be entered into without regard to the civil service  laws and
the Classification  Act of 1949, as amended, insofar as the con-
tracts involve the procurement of personal services.

                          SECTION 11
  This  section redesignates sections 303 through 310 as sections
311 through 318 and inserts after section 302 eight new sections.

Section 303
  This  section,  with some technical changes,  continues the pro-
visions of section 108 (k) of the present Clean Air Act providing
authority for emergency abatement.

Section 304
  This  new section provides  jurisdiction in the  Federal  district
courts,  without regard to the citizenship  of  the parties or the
amount of controversy, to hear and decide civil actions instituted
by  any citizen or class of citizen to enforce or require enforce-
ment of certain provisions of the Clean Air Act, including: any
applicable  schedule or timetable compliance, emission  require-
ment, standard of performance, emission standard, or prohibition
     526-703 O - 73 - 8

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1278              LEGAL COMPILATION—Am

estabished  under the Act. The  actions may be brought against
any person, as that term is denned in section 302 (e) of the Act,
where there is an alleged violation of any of its  provisions,  or
against the Secretary where he fails
                                                        [p. 64]

to enforce  any standards  or orders established under the Act or
to compel  him to exercise any  duty imposed on him under the
Act.
  The section  does not, however, affect in any way whatever reme-
dies such citizens or class of citizens might have under statutory
or other law, nor does it provide for damage or nuisance actions.
  Before instituting a citizen action to abate a violation, however,
the petition must give notice to the Secretary, his representative,
if any, the appropriate State agency, and the violator  of the
violation and allow at least 30 days thereafter to permit them to
abate the  violation.  If the Secretary, his representative,  or  a
State does institute proceedings to abate within this time,  they
must  prosecute them in good  faith and with deliberate speed to
meet  this notice requirement  or the citizen is free  to initiate his
action. Actions to abate a violation of an order or certain specified
provisions  may be instituted without such notice. If the Secretary
is not a party to the proceeding, he may intervene.
  The court may award costs of litigation to either  party when-
ever the court determines such an award is in the  public interest
without regard to the outcome of the litigation.
Section 305
  This new section provides for the appearance of the Secretary's
legal  staff  in  legal proceedings  under this Act.
Section 306
  This new section requires  that a  person cannot enter into a
procurement contract where such contract would involve the per-
formance of work at a plant  owned  or operated by  such person
which is the subject of a conviction for a knowing violation under
the Act. Such  ineligibility shall continue until there is compliance.
  Provision is also made for the President to issue in six months
procedures to  insure compliance with the Act in regard to grants
and loans  or contracts entered into, by Federal agencies.

Section 307
  This section is based on provisions of the Labor Management

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             STATUTES AND LEGISLATIVE HISTORY         1279

Relations  Act, 1947,  which prohibit certain unfair  practices
against employees by employers,  including the discharge or dis-
crimination of such employees, when they file charges or testify
under that Act.
  This section also prohibits an employer from discharging or
discrimination against any  employee or his  representative who
takes any measure to enforce or assist in the enforcement of this
Act or carry out the purposes  of this Act. It establishes a pro-
cedure to protect the employee  who, for example, testifies at any
proceeding under this Act.
Section 308
  This section provides for judicial review of any promulgated
ambient air  quality standard  or goal  or prohibition, emission
standard,  or  performance  standard, or  waiver granted  under
section 114 of the Act, or of any approved or promulgated im-
plementation plan. The forum for such review is the U.S. Court
of Appeals. The petition for review can  be filed by  any person
or class of persons who believes  that such promulgation, waiver
or approval  should be modified  in  any way, but such petition
must be filed within 30 days after the date of such promulgation,
waiver, or  approval. Thereafter such review
                                                        [p. 65]

is only possible whenever significant new information has become
available.  Administrative  findings or determinations  made after
proper proceedings provided under this  Act  shall be presumed
correct, but may be rebutted.
  The initiation of such a review will not result in any stay unless
the party  requesting the stay clearly shows to the court that
there is a substantial likelihood of his prevailing on the merits and
that the  public  interest  will not be harmed  in  any way.  Such
review is subject to review by the Supreme  Court.
Section 309
  This section provides authority for the Secretary to order the
owner of a patent, trade secret, or know-how to make such avail-
able at a  reasonable  royalty to any person who clearly  demon-
strates that without such assistance he will not be able to comply
with the requirements of this Act. When so provided,  provision
must be made to prevent any  disclosure  to a third person, and
for keeping and inspecting  records. If the conditions relative to
these items are violated, the license may  be cancelled and there-

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1280              LEGAL COMPILATION—Am

after the licensee cannot use or disclose such acquired know-how
or trade secrets. No exemptions from antitrust laws, judgments,
orders, or decrees are to be implied from this section.
Section  310
  This new section provides for the review by the Secretary of
detailed statements  prepared  under  section  102 (C)  of  Public
Law 91—190, and proposed  regulations of any  Federal agency,
where they relate  directly or indirectly to  any matter or duties
arising  under this  Act. When the Secretary finds any such state-
ment or regulation unsatisfactory, he shall refer it to the Council
on Environmental  Quality for a determination and recommenda-
tion to the President, which shall be made public.

                         SECTION 12

  This  section provides authorization of appropriations  under
the Act.

                         SECTION 13

  This section adds to the Clean Air Act a new title concerning
noise pollution.
Section  401
  This section provides that the short title of the new Title IV of
the Act is "Noise Pollution and Abatement Act of 1970."

Section  402
  This section directs the Secretary of HEW to establish an Office
of Noise Abatement and Control in HEW. The Secretary is then
directed to carry  out  through  that  office  an  investigation and
study of noise and its effect on the public health  and welfare,
including its effect on wildlife, domestic animals, and personal and
real property.
  The purpose of  the  study  and investigation  is to identify and
classify causes and sources of noise, to determine the effects of
noise at various levels,  to determine the projected growth of noise
levels on urban areas, the effects on wildlife and real and personal
property, the effects of sporadic extreme  noise compared to con-
stant noise and the
                                                        [p. 66]

effect of sonic booms on real and personal property. The Secretary

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             STATUTES AND LEGISLATIVE HISTORY         1281

is directed to hold public hearings, and to conduct necessary re-
search, experiments, demonstrations and studies.
  The  Secretary must  report  his findings and  results to the
President and the Congress one year after enactment,  together
with his  recommendations for legislation or other action to  pro-
tect the public health and welfare from noise pollution. Where a
Federal agency is conducting or sponsoring an activity resulting
in noise which the Secretary determines to be a public  nuisance
or is otherwise objectionable, such Federal agency must consult
with the  Secretary for the purpose  of developing appropriate
means to abate such noise.
Section 403
  This section would authorize a total appropriation of  $30  mil-
lion for the study and investigation  and for the  new office.
                                                       [p. 67]
   CHANGES IN  EXISTING LAW MADE BY THE BILL,
                      AS REPORTED

  In compliance with subsection  (4)  of rule XXIX of the Stand-
ing Rules of the Senate, changes  in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted in  enclosed in black brackets, new matter is printed in
italic, existing law in which no  change  is proposed  is shown in
roman):
      "TITLE I—AIR POLLUTION PREVENTION AND
                         CONTROL

                   "FINDINGS AND PURPOSES
   'SEC. 101. (a) The Congress finds—
      "(1)  that the predominant part of the Nation's population
    is located in its rapidly expanding metropolitan and other
    urban  areas, which generally  cross the boundary lines of
    local jurisdictions and often extend into two or more States;
      "(2)  that the growth in the amount and complexity of air
    pollution brought about by urbanization, industrial develop-
    ment, and the increasing use of motor  vehicles, has resulted
    in mounting dangers to the public health and welfare, in-

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1282              LEGAL COMPILATION—AIR

    eluding injury to agricultural crops and  livestock, damage
    to and the deterioration of property, and hazards to air and
    ground transportation;
      "(3) that the prevention and control of air pollution at its
    source  is  the  primary responsibility  of States and local
    governments; and
      "(4) that Federal financial assistance  and leadership  is
    essential for the development of cooperative  Federal, State,
    regional, and local programs to prevent and control air pollu-
    tion.
  "(b)  The purposes of this title are—
      "(1) to protect and enhance the  quality of the  Nation's
    air resources so as to promote the public health and welfare
    and the productive capacity of its population;
      "(2) to initiate and  accelerate  a national research and
    development program  to achieve the prevention and control
    of air pollution;
      "(3) to provide technical  and financial assistance to State
    and local governments in connection with the development
    and execution of their air pollution prevention  and control
    programs; and
      "(4) to encourage and assist the development and opera-
    tion of regional air pollution control programs.

          "COOPERATIVE ACTIVITIES AND UNIFORM LAWS
  "SEC. 102.  (a) The  Secretary  shall  encourage  cooperative
activities by the States and local governments for the prevention
and control of air pollution; encourage the enactment of improved
and, so far as
                                                         [p. 68]

practicable in the light of varying conditions and needs, uniform
State and local laws relating to the prevention and control of air
pollution; and encourage the making of agreements and compacts
between States for the prevention and control of  air pollution.
  "(b)  The  Secretary shall cooperate  with and encourage co-
operative activities by all Federal departments and agencies hav-
ing functions  relating to the prevention and control of air pollu-
tion, so as to assure the utilization in the Federal air  pollution
control  program of all appropriate and available facilities and
resources within the Federal Government.

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              STATUTES AND  LEGISLATIVE HISTORY          1283

  "(c)  The consent of the Congress  is hereby given  to two or
more States to negotiate and  enter into agreements or compacts,
not in conflict with any law or treaty of the United States, for (1)
cooperative effort and mutual assistance for the prevention and
control  of air pollution and the enforcement of their  respective
laws relating thereto, and (2) the  establishment of such agencies,
joint or otherwise, as they may deem  desirable for making effec-
tive such agreements or compacts.  No such agreement or compact
shall  be binding or obligatory upon any  State a party thereto
unless and until it  has been approved by  Congress.  It is  the
intent of Congress that no agreement or compact entered into
between States after the date of  enactment of the  Air Quality
Act of  1967, which  relates to the control and abatement of air
pollution in an air quality control region, shall provide for partici-
pation by a State which is not included (in whole or in part)  in
such air quality control region.

  "RESEARCH, INVESTIGATIONS, TRAINING, AND OTHER ACTIVITIES
  "SEC. 103.  (a) The  Secretary  shall establish  a national re-
search and development program  for the prevention and control
of air pollution and as part of such program shall—
      "(1)  conduct, and promote the coordination and accelera-
    tion of, research, investigations, experiments, training, dem-
    onstrations,  surveys,  and  studies  relating to  the  causes..
    effects, extent,  prevention, and control of  air pollution;
      "(2) encourage, cooperate with, and render technical serv-
    ices and  provide financial assistance to air pollution control
    agencies  and other  appropriate public or private agencies,
    institutions,  and organizations, and individuals  in the con-
    duct of such activities;
      "(3) conduct  investigations   and  research  and  make
    surveys concerning any specific problem of air  pollution  in
    cooperation with any  air pollution  control agency  with  a
    view to recommending a solution  of such problem,  if he is
    requested to do so by such agency or if, in his judgment, such
    problem  may affect any community or communities in  a
    State other than that in which the source of the matter caus-
    ing or contributing to the pollution is located;
      "(4) establish technical advisory committees composed of
    recognized experts in various aspects of air pollution to assist

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1284               LEGAL COMPILATION—Ant

    in the examination and evaluation of research progress and
    proposals and  to avoid duplication of research.
  " (b)  In carrying out the provisions of the preceding subsection
the Secretary is authorized to—
                                                         [p. 69]

      "(1) collect and make available, through publications and
    other appropriate means, the  results of and other informa-
    tion, including appropriate recommendations by him in con-
    nection  therewith, pertaining  to such research  and  other
    activities;
      "(2) cooperate  with  other  Federal  departments  and
    agencies, with air pollution  control  agencies,  with  other
    public and  private agencies, institutions, and organizations,
    and with any industries involved, in  the  preparation and
    conduct of  such research and other activities;
      "(3) make  grants  to air pollution  control  agencies, to
    other public or nonprofit private agencies,  institutions, and
    organizations,  and to individuals, for purposes stated in sub-
    section (a) (1) of this section;
      "(4) contract with public or private agencies, institutions,
    and organizations, and with individuals, without regard to
    sections 3648  and 3709 of the Revised Statutes  (31  U.S.C.
    529; 41 U.S.C. 5);
      "(5) provide training for,  and make training grants to,
    personnel of air pollution control agencies and  other persons
    with suitable qualifications;
      "(6) establish  and  maintain  research  fellowships,  in the
    Department of Health, Education, and Welfare and at public
    or  nonprofit   private  educational  institutions  or  research
    organizations;
      "(1)  collect and disseminate, in  cooperation with  other
    Federal departments and agencies, and with other public or
    private  agencies, institutions, and organizations  having re-
    lated responsibilities,  basic  data on chemical,  physical, and
    biological effects  of varying air quality and other informa-
    tion pertaining to air pollution  and  the prevention and con-
    trol thereof; and
      "(8)  develop  effective  and practical processes, methods,
    and prototype devices  for the prevention or control of air
    pollution.

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             STATUTES AND LEGISLATIVE HISTORY          1285

  "(c)  In  carrying out the provisions of subsection (a) of this
section  the Secretary shall  conduct research  on, and survey the
results  of other scientific studies  on,  the harmful effects on the
health or welfare  of persons by the various known air pollution
agents (or combinations of agents).
  "(d)  The Secretary is authorized to construct such facilities
and staff and equip them as he determines to be necessary to carry
out his functions under this Act.
  "(e)  If, in the  judgment of the Secretary, an  air pollution
problem of substantial significance may result from discharge or
discharges into the atmosphere, he may call a  conference concern-
ing this potential  air pollution problem to be held in or  near
one or more of the places  where such discharge or discharges are
occurring or will occur. All interested persons shall be given  an
opportunity to be heard  at such conference,  either orally or in
writing, and shall be permitted to  appear in person or by repre-
sentative in accordance with procedures prescribed by  the Secre-
tary. If the Secretary finds, on the basis of the evidence presented
at such conference, that the discharge or discharges if permitted
to take place or continue  are likely to  cause or contribute to air
pollution subject to abatement under section 108(a), he shall send
such  findings,  together  with recommendations concerning  the
measures which he finds reasonable and suitable to prevent such
pollu-
                                                        [p. 70]

tion, to the person or persons whose  actions will  result in the
discharge or discharges involved; to air pollution  agencies of the
State or States  and of the municipality or municipalities where
such discharge or  discharges will originate; and to the interstate
air pollution control agency, if any, in the jurisdictional area of
which any  such  municipality is located. Such findings and recom-
mendations shall be advisory only,  but shall be admitted together
with the record of the conference, as part of the proceedings under
subsections  (d), (e), and (f) of section 108.

           RESEARCH RELATING TO RULES AND VEHICLES
  "SEC. 104. (a)  The Secretary shall give special emphasis  to
research and development into new  and improved methods, having
industrywide application, for the prevention   and control of air
pollution resulting from the combustion of fuels.  In furtherance
of such research and development he shall—

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1286              LEGAL COMPILATION—AIR

    "(I)  conduct and accelerate research programs directed to-
  ward development of improved, low-cost techniques for—
         (A)  control of combustion byproducts  of fuels,
         (B)  [for]  removal of potential [pollutants] air pollu-
       tion agents or combination of such agents from fuel prior
       to combustion,
         (C)  [and  for] control  of emissions from the evapora-
       tion of [fuels;] fuels,
         (D)  improving the efficiency of fuels combustion so as
       to decrease atmospheric emissions, and
         (E)  producing synthetic or new fuels which, when com-
       busted, result in decreased atmospheric emissions;
     (2)  provide for  Federal  grants to  public  or  nonprofit
  agencies, institutions, and organizations and to individuals, and
  contracts with public or private agencies, institutions,  or per-
  sons, for payment of (A) part of the cost of acquiring, con-
  structing, or otherwise  securing for research  and development
  purposes, new or improved devices or methods having industry-
  wide application  of preventing or controlling discharges  into
  the air of various types of pollutants; [and]
         (B)  part  of the cost of programs to develop low emis-
       sion alternatives to the present internal combustion engine,
         (C)  the cost to purchase vehicles and vehicle engines, or
       portions  thereof, for research, development,  and testing
       purposes; and
  [(B)] (D) carrying out the other provisions of this  section,
without regard to sections 3648 and 3709 of the Revised Statutes
 (31 U.S.C. £29; 41  U.S.C. 5) : Provided, That research or demon-
stration  contracts awarded pursuant to this subsection (including
contracts for construction) may be made in accordance with, and
subject to the limitations provided with respect to research con-
tracts of the military  departments in, section  2353 of title  10,
United States Code, except that the determination, approval, and
certification required thereby  shall be made by the Secretary:
Provided further, That no grant may be made under this para-
graph in excess of $1,500,000;
                                                        tp. 71]

       "(3)  determine, by laboratory and pilot  plant testing, the
     results of air pollution  research and studies in order to de-
     velop new  or  improved processes and  plant designs to the

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              STATUTES  AND LEGISLATIVE HISTORY         1287

     point  where they  can be  demonstrated  on  a large  and
     practical scale;
       "(4)  construct, operate, and maintain, or assist in meet-
     ing the cost of the construction, operation, and maintenance
     of new or improved demonstration plants or processes which
     have promise of accomplishing the purposes of this Act;
       "(5)  study new or improved methods for the recovery and
     marketing  of commercially  valuable  byproducts  resulting
     from the removal of pollutants.

   "(b) In carrying out  the provisions of this section, the  Secre-
tary may—

       "(1) conduct and accelerate research and development of
     low-cost instrumentation techniques to facilitate determina-
     tion of quantity and quality of air pollutant emissions, includ-
     ing, but not limited to, automotive emissions;
       "(2) utilize, on a reimbursable basis, the facilities of exist-
     ing Federal scientific laboratories;
       "(3) establish and operate necessary facilities  and  test
     sites at which to carry on the research, testing, development,
     and programing necessary to effectuate the purposes of  this
     section;
       "(4) acquire secret processes, technical data, inventions,
     patent applications, patents, licenses, and an interest in lands,
     plants, and facilities,  and other property or rights by pur-
     chase,  license, lease, or donation; and
       "(5) cause on-site  inspections to be made of promising
     domestic and foreign projects, and cooperate and participate
     in their development in instances  in which the purposes of
    the Act will be  served thereby.

   "(c) [For the purposes of this  section there  are authorized to
be appropriated for the fiscal year ending June 30, 1968, $35,000,-
000, for the fiscal year ending June 30, 1969, $90,000,000, and for
the fiscal year ending June 30, 1970, $45,000,000.] For the pur-
poses of this section there are authorized to be  appropriated  (1)
for the fiscal year ending June 30, 1971, $125,000,000, (2) for the
fiscal year  ending June 30, 1972, $150,000,000, and (3) for the
fiscal year  ending June 30, 1973, $175,000,000. Amounts appro-
priated pursuant to this subsection shall remain available until
expended."

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1288              LEGAL COMPILATION—Ant

 GRANTS FOR SUPPORT OF AIR POLLUTION PLANNING AND CONTROL
                          PROGRAMS
  SEC. 105. (a) (1)  The Secretary is authorized to make grants
to air pollution  control agencies  in an  amount  up to two-thirds
of the cost of planning, developing, establishing, or improving,
and grants to such agencies in an amount up to one-half of the
cost of maintaining, programs for the prevention and control of
air pollution and programs for the implementation of air quality
standards authorized by this Act: Provided, That the Secretary is
authorized to make grants to air pollution control agencies within
the meaning of sections 302 (b) (2) and 302 (b) (4)  in an amount
up to three-fourths of the cost of planning, developing, establish-
ing, or improving and up to three-fifths of
                                                        [p. 72]

the cost of maintaining, regional air  quality control programs.
As used in this  subsection  the term  "regional air quality control
program" means a program for the prevention and control of air
pollution or the implementation of air quality standards programs
as authorized by this Act,  in an area that includes the areas of
two or more municipalities whether in the same or different States.
   (2) Before approving any grant under this subsection to any
air pollution control  agency within  the meaning  of  sections
302(b) (2)  and 302(b) (4),  the Secretary shall receive assur-
ances that such agency provides for adequate representation of
appropriate State, interstate, local, and  (when  appropriate) in-
ternational, interests in the air quality control region.
   (3) Before  approving any planning  grant under this subsec-
tion  to any air  pollution control agency  within the  meaning of
sections 302(b) (2)  and 302(b) (4), the  Secretary shall  receive
assurances that such agency has the capability of developing a
comprehensive air quality plan for the air quality control region,
which plan shall include  (when appropriate)   a  recommended
system of alerts to avert and reduce the risk of situations in which
there may be imminent and serious danger to  the public health
or welfare from air pollutants and the various aspects relevant to
the establishment of air quality standards  for such  air  quality
control  region,  including the  concentration of  industries, other
commercial establishments, population  and  naturally occurring
factors which shall affect such standards.
   (4) Notwithstanding any other provision of this  section, the

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             STATUTES AND LEGISLATIVE HISTORY         1289

Secretary is authorized to make grants to any State air pollution
control agency in an amount not  to exceed three-fourths  of the
cost of planning, developing,  establishing,  or improving,  and
grants to  any such agency in an amount of not to exceed three-
fifths of the cost  of maintaining, a regional  air quality control
program within the  meaning of this subsection if  the Secretary
determines that—
       (A)  such  regional  program is operated by such State
     agency and is serving or  will serve an  air quality control
     region within the meaning of this Act;
       (B)  such  State agency  has adequate  authority  to abate
     and control air pollution from all  sources in the area  served
     by such regional program;
       (C) such regional program will not supplant any air pol-
     lution control program established by any municipality or
     group of municipalities unless  the Governor of such State
     determines that it is in the public interest to supplant such
     air pollution  control programs;
       (D)  development, establishment, improvement, or mainte-
     nance of such regional program will not result in a reduction
     of non-Federal  matching funds available for air pollution
     control activities in the area served by such regional program,
     and that such grants shall supplement,  not supplant,  any
     other funds available to such  agency; and
       (E)  such State agency  has made adequate  provision for
     coordination of  such program with the related activities of
     any municipal, intermunicipal, or interstate programs serv-
     ing all  or any portion of such air  quality control region.
                                                        [p. 73]

  (b)  From the sums available for the purposes of subsection (a)
of this section for any fiscal year, the  Secretary shall from time
to time make grants to air pollution control agencies upon such
terms and conditions  as the Secretary may  find necessary to
carry out the purpose  of this section. In establishing regulations
for  the granting  of such  funds the Secretary shall, so  far as
practicable, give due  consideration  to (1)  the population,  (2)
the  extent of the  actual or potential air pollution  problem,  and
(3)  the financial need  of the respective agencies. No agency shall
receive any grant  under this section during any fiscal year when
its expenditures of non-Federal funds for other than nonrecurrent

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1290              LEGAL COMPILATION—Am

expenditures for air pollution control programs will be less than
its expenditures were for  such programs  during the preceding
fiscal  year; and no  agency shall  receive any  grant under  this
section with respect  to the maintenance of a program for the
prevention and control of  air pollution  unless the  Secretary  is
satisfied  that such grant will be so used as to supplement and,
to the extent practicable, increase the level of State, local, or other
non-Federal funds that would in  the  absence  of such grant be
made available for the maintenance of such program, and will  in
no event supplant such State, local,  or other non-Federal  funds.
No grant shall be made under this  section until the Secretary has
consulted with the  appropriate  official as designated by  the
Governor or Governors of  the State or States affected.
  (c) Not more than 10 per centum  of the total of funds ap-
propriated or allocated for  the purposes of  subsection (a) of this
section shall be granted for air pollution control programs in any
one State. In the case of a grant for a program in an area crossing
State boundaries,  the Secretary shall  determine the portion  of
such grant that is chargeable to the percentage limitation under
this subsection for each State into which such  area  extends.
  (d) The Secretary, with the concurrence of any recipient of a
grant under this  section, may reduce  the  payments to  such re-
cipient by the amount of the pay,  allowances, traveling expenses,
and any other costs in connection with the  detail  of any officer  or
employee to the recipient under section 301 of this Act, when such
detail is for the convenience of, and at the request of, such recipi-
ent and for the purpose of carrying out the provisions of this Act.
The  amount by which such payments have been reduced shall
be available for payment of such costs by the Secretary, but shall,
for the  purpose of determining the amount of any grant to  a
recipient under subsection  (a) of this section, be  deemed to have
been paid to such agency.
  (e) If  the  Secretary  determines that  the  program of  any
agency eligible for a grant pursuant to this section is inadequately
staffed or funded to implement the requirements of this Act in
any region, he shall withhold from such agency  all or any portion
of the funds which would  be  otherwise made available pursuant
to this section. Such funds as would have been available to such
agency shall be available to the Secretary to implement  the pur-
poses of this Act in such State or region.

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             STATUTES AND LEGISLATIVE HISTORY         1291

       INTERSTATE AIR QUALITY AGENCIES OR COMMISSIONS
  SEC. 106.  [a] For the purpose of expediting the establishment
of air quality standards in an interstate air quality control region
designated pursuant to  [section 107 (a) (2)J this title, the Secre-
tary is au-
                                                        [p. 74]

thorized to  pay, for two years, up to 100 per centum of the air
quality planning program costs of any agency designated by the
Governors of the affected States, which agency shall be capable
of recommending to the Governors standards of air quality and
plans for implementation thereof and coordinating effectively the
enforcement thereof  and shall include  representation from  the
States and appropriate political subdivisions within the air quality
control region.  After the initial two-year period the  Secretary is
authorized to make  grants  to  such agency in an amount  up to
three-fourths of the air quality planning program costs of such
agency.
  C(b)(1) Whenever the Secretary  deems  it necessary to expe-
dite the establishment of standards for an  interstate air quality
control region  designated  pursuant to section  107(a) (2)  he
may, after consultation  with the Governors of the affected States,
designate or establish  an  air  quality  planning  commission  for
the purpose  of  developing recommended regulations setting forth
standards of air  quality to be applicable to such  air quality
control region.
  [(2) Such Commission shall consist of  the Secretary or his
designee who shall serve as Chairman, and adequate representa-
tion of appropriate State, interstate, local and (when  appropri-
ate), international, interests in the designated air quality control
region.
  [(3) The Secretary shall, within available  funds, provide such
staff for such  Commission  as  may be  necessary to  enable it to
carry  out its functions effectively, and shall pay  the  other  ex-
penses of the  Commission;  and may also accept for the use by
such Commission, funds, property, or services contributed by the
State  involved  or political subdivisions thereof.
  [(4) Each appointee from  a State, other than an  official or
employee thereof,  or of any political subdivision thereof,  shall,
while engaged in the  work of the Commission, receive compensa-

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1292              LEGAL COMPILATION—Am

tion at a rate fixed by the Secretary, but not in excess of $100
per diem, including traveltime, and while away from his home
or regular  place of business, he may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by law
(5 U.S.C. 3109) for persons in the Government service employed
intermittently.

     [AIR QUALITY CONTROL REGIONS, CRITERIA, AND CONTROL
                         TECHNIQUES
  [SEC. 107. (a) (1)  The Secretary shall, as soon as practicable,
but not later  than one year  after  the  date of enactment  of the
Air  Quality  Act of 1967, define for the  purposes of this Act,
atmospheric areas of the Nation on the basis of those conditions,
including, but not limited to,  climate, meteorology, and  topog-
raphy, which affect the interchange and diffusion of pollutants in
the atmosphere.
  [(2)  For the purpose of establishing  ambient air quality stand-
ards pursuant to  section  108, and for  administrative and other
purposes, the Secretary, after consultation with appropriate State
and local authorities shall, to the extent feasible, within 18 months
after the date of enactment of the Air Quality Act of 1967 des-
ignate   air  quality  control  regions  based  on  jurisdictional
boundaries, urban-industrial concentrations, and other factors in-
cluding atmospheric areas necessary to provide adequate  imple-
mentation of air quality standards.  The Secretary may from time
public health and  welfare and after consultation
                                                         [P. 75]

with appropriate State and local authorities,  revise the designa-
tion of such regions and designate additional air quality control
regions. The Secretary shall  immediately notify the Governor  or
Governors  of the affected State or  States of such designation.
  [(b) (1)  The Secretary shall, after consultation with appropri-
ate advisory committees and Federal departments and agencies,
from time  to time, but as soon as  practicable, develop and issue
to the States such criteria of air quality as in his judgment may
be requisite for the protection  of the public  health and welfare:
Provided, That any criteria issued prior to enactment of this sec-
tion shall be reevaluated in accordance with the consultation pro-
cedure and other provisions of this section and, if necessary,
modified and reissued.  Such  issuance shall be announced  in the

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              STATUTES AND LEGISLATIVE HISTORY         1293

 Federal Register and copies shall be made available to the general
 public.
   [(2) Such criteria shall accurately reflect the latest  scientific
 knowledge useful in indicating the kind  and extent of all identi-
 fiable effects on health and welfare which may be expected from
 the presence of an air pollution agent, or combination of agents
 in the ambient air, in varying quantities.
   [(3) Such criteria shall include those variable factors  which
 of themselves  or in  combination with other factors may alter
 the effects on public  health and welfare  of  any subject  agent or
 combination of agents, including, but not limited to, atmospheric
 conditions, and the types of air pollution agent or agents which,
 when present in  the atmosphere, may interact  with such subject
 agent or  agents,  to produce  an adverse effect  on public health
 and welfare.
   [(c)  The  Secretary  shall, after consultation with  appropriate
 advisory committees and Federal departments and agencies, issue
 to the States and appropriate  air pollution control  agencies  in-
 formation on those recommended pollution control techniques the
 application of which  is necessary to achieve levels of air quality
 set forth  in criteria issued pursuant to subsection (b), including
 those criteria subject to the proviso in subsection  (b) (1), which
 information shall include technical data relating to the technology
 and  costs of emission  control. Such  recommendations shall  in-
 clude such data as are available on the latest available technology
 and  economic  feasibility of  alternative  methods  of prevention
 and  control  of  air  contamination  including  cost-effectiveness
 analyses. Such issuance shall be announced in the Federal Regis-
 ter and copies shall be made available to the general public.
  [(d)  The  Secretary  shall,  from time  to  time, revise  and re-
 issue material issued pursuant to  subsections  (b)  and (c)  in
 accordance with procedures established in such subsections.

  [AIR QUALITY STANDARDS AND ABATEMENT OF AIR POLLUTION

  [SEC. 108. (a)  The pollution of the air in any State or States
which endangers the health or welfare of any  persons,  shall be
subject  to abatement as provided in this  section.
  [(b)  Consistent with the policy declaration of this title, munici-
pal,  State, and interstate action to abate air pollution  shall  be
 encouraged  and shall not be displaced by Federal enforcement
    526-703 O - 73 - 9

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1294               LEGAL COMPILATION — Am

action except as otherwise  provided by or pursuant to a court
order under subsection (c), (h),or (k).
  [(c) (1) If, after receiving any air quality criteria and recom-
mended control techniques issued pursuant  to section 107, the
Governor of a State, within ninety days of such receipt, files a
letter of intent that such State will within one hundred and eighty
days, and from time to time thereafter, adopt, after public hear-
ings, ambient air quality standards applicable to any designated
air quality control  region  or portions thereof within such State
and within one hundred and eighty days thereafter, and from time
to time as may be  necessary, adopts a plan for the implementa-
tion,  maintenance,  and enforcement  of such standards of air
quality  adopted, and if such standards and plan  are established
in accordance with  the letter of intent and if the Secretary deter-
mines that such State standards are consistent with the air quality
criteria and  recommended  control techniques issued  pursuant
to section 107; that the plan is consistent  with the purposes of
the Act insofar as it  assures achieving such standards of air
quality within a reasonable time ; and that a means of enforcement
by  State action, including authority comparable to  that in sub-
section  (k)  of this  section, is provided, such State standards and
plan shall be the air quality standards applicable to such State.
If the  Secretary determines that any  revised  State standards
and plan  are consistent with the purposes of this Act and  this
subsection, such standards and plan shall be the air quality stand-
ards applicable to such State.
  [(2)  If a State  does not (A)  file a letter of intent or  (B)
establish  air  quality standards  in  accordance with paragraph
(1)  of  this  subsection with respect to any air  quality control
region or portion thereof and if the Secretary finds it necessary
to achieve the purpose  of this Act, or the Governor  of any State
affected by air quality standards established pursuant to  this
subsection petitions for a revision  in such standards, the Sec-
retary may after  reasonable notice and a conference of repre-
sentatives of appropriate Federal departments and  agencies, in-
terstate agencies, States, municipalities, and  industries involved,
prepare regulations setting  forth standards  of  air quality con-
sistent  with the  air  quality  criteria  and  recommended control
techniques issued pursuant to section 107 to be applicable to such
air quality control region or portions thereof.  If, within six

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             STATUTES AND LEGISLATIVE HISTORY         1295

months from the date the Secretary publishes such regulations,
the State has  not  adopted air quality standards  found by the
Secretary to be consistent with the purposes of this Act, or a
petition for public hearing has not been filed under paragraph
(3) of this subsection, the Secretary shall promulgate such stand-
ards.
  [(3)  If at any time prior to thirty days  after standards have
been promulgated under paragraph  (2)  of this subsection, the
Governor of any State affected by such standards  petitions the
Secretary for a hearing, the  Secretary shall call a public hearing
for the purpose of  receiving testimony from State and local pol-
lution  control agencies and  other interested  parties affected by
the proposed standards, to be held in or near one or more of the
places  where the air quality standards will take effect, before a
hearing board  of five or  more  persons  appointed by the Sec-
retary.  Each State which  would be  affected by such standards
shall be given an opportunity to select a member of the hearing
board.   Each Federal department,  agency,  or  instrumentality
by the
                                                        [p. 77]

Secretary shall be  given  an opportunity to  select  one  member
of the  hearing  board and not  less than a majority of the hear-
ing board shall  be persons other than officers or employees of the
Department of Health, Education,  and  Welfare. The members
of the  board who  are not officers or employees  of the  United
States,  while participating in  the  hearing conducted by such
hearing board,  or otherwise engaged in the work of such hearing
board,  shall be entitled to receive compensation at a rate fixed
by the  Secretary, but not exceeding $100  per diem, including
traveltime, and while away from their homes or regular places
of business  they  may be allowed travel  expenses,  including per
diem in lieu of subsistence,  as  authorized by section  5703, title
5, of the United States Code for persons in the Government serv-
ice  employed intermittently.  At least thirty days prior to the
date of such hearing notice  of such hearing shall be published
in the Federal Register and given to parties notified of the con-
ference required  in paragraph (2)  of this subsection. On the
basis of the evidence presented at such hearing, the hearing board
shall within ninety days unless the Secretary determines a longer
period is necessary, but in no event longer than one hundred and
eighty days, make findings as to whether the standards published

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1296               LEGAL COMPILATION—AIR

or promulgated by  the Secretary should be approved or modified
and transmit its  findings to the Secretary. If  the hearing board
approves the standards as published or promulgated by the Sec-
retary, the standards shall take effect on receipt by the Secretary
of the hearing board's recommendations. If the  hearing board
recommends modifications  in the standards as  published  or pro-
mulgated  by the Secretary, the Secretary shall  promulgate re-
vised regulations  setting forth standards of air  quality in  accord-
ance  with  the   hearing  board's  recommendations which will
become effective immediately upon promulgation.
  [(4)  Whenever,  on the  basis  of surveys,  studies and  reports,
the Secretary finds  that the ambient air quality of any air quality
control region or  portion thereof is below the air quality standards
established under this subsection, and he finds that such lowered
air quality results from the failure of a State  to take reasonable
action to  enforce such standards, the Secretary shall notify the
affected State or  States, persons contributing to the alleged vio-
lation, and other  interested parties  of the violation of such stand-
ards. If such failure does not cease within one hundred and eighty
days from the date of the Secretary's notification, the Secretary—
      [(i)  in the case of  pollution of air which is endangering
    the health or welfare  of persons in a State other than that
    in which the  discharge or discharges (causing or contributing
    to such pollution) originate, may request the  Attorney Gen-
    eral to bring a suit on behalf of the  United States in the
    appropriate  United States district court to secure abatement
    of the pollution.
      [(ii) in the  case of pollution of air which is endangering
    the health or welfare  of persons  only in the State in which
    the discharge or  discharges  (causing or contributing  to such
    pollution) originate, at the request of the  Governor of such
    State, shall  provide such  technical and other assistance as
    in his judgment is necessary to assist the State in  judicial
    proceedings to  secure abatement of the pollution under State
    or local law,  or, at the request of the Governor of such State,
    shall request the Attorney
                                                         [p. 78]

    General to bring suit  on behalf of the United States in the
    appropriate  United States district court to secure abatement
    of the pollution.
[In any suit brought under the provisions of this subsection the
court shall receive in evidence  a transcript of the  proceedings of

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             STATUTES  AND LEGISLATIVE HISTORY         1297

the hearing provided for in  this  subsection, together with the
recommendations of the hearing board and the recommendations
and standards promulgated by the Secretary, and such additional
evidence,  including that relating to the  alleged violation of the
standards, as it deems necessary to complete review of the stand-
ards and  to determination  of all other issues relating to the al-
leged violation. The court, giving due consideration to the practi-
cability and to the technological and economic feasibility of com-
plying with such standards, shall have jurisdiction to enter such
judgment and orders enforcing such judgment as the public in-
terest and the equities of the case may require.
  [(5)  In connection with any hearings under  this section no
witness or any  other person shall be required to divulge trade
secrets or secret processes.
  [(6)  Nothing in this subsection shall prevent the application
of this section to any case to which subsection (a) of this section
would be otherwise applicable.
  [(d)  (1)  (A)  Whenever requested by  the Governor of any
State, a State air  pollution control agency, or (with the  concur-
rence of the Governor and the State air pollution control agency
for the State in which the municipality is situated) the governing
body  of any municipality,  the Secretary shall,  if such  request
refers to air pollution which is alleged to endanger the health or
welfare of persons in a State other than that in which the dis-
charge or discharges (causing or contributing to such pollution)
originate, give formal  notification thereof to the air pollution
control agency  of  the municipality where such discharge or dis-
charges originate,  to the air pollution control agency of the State
in which  such municipality is located, and to the interstate air
pollution control agency, if any, in whose jurisdictional area such
municipality is located,  and shall call promptly a conference of
such agency or agencies and of the air pollution control agencies
of the municipalities which may be  adversely affected  by such
pollution,  and the air pollution  control agency,  if any,  of each
State, or for each area, in which  any such municipality is located.
  [(B) Whenever requested by the  Governor of any  State, a
State air  pollution control  agency, or  (with the  concurrence of
the Governor and the State air  pollution control  agency  for the
State in which the municipality  is situated)  the  governing body
of any municipality,  the Secretary shall, if  such request refers
to alleged air pollution which is endangering the health or welfare
of persons only in the State in which the discharge or discharges

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1298               LEGAL COMPILATION—AIR

(causing or  contributing to such pollution) originate and if  a
municipality affected by such air pollution, or the municipality
in which such pollution originates, has either made or concurred
in such request, give formal notification thereof to the State air
pollution control agency, to the air pollution control agencies of
the municipality where such discharge or  discharges  originate,
and of the municipality or municipalities  alleged to be adversely
affected  thereby,  and  to any interstate air pollution  control
agency, whose jurisdictional area includes any such municipality
and shall promptly call a conference of such agency  or agencies,
unless in the
                                                          [p. 79]

judgment of the Secretary, the effect of such pollution is not of
such  significance as to warrant exercise  of Federal jurisdiction
under this section.
   [(C) The  Secretary  may,  after  consultation with  State of-
ficials of all affected States, also call such  a conference whenever,
on the basis or reports, surveys,  or studies, he has reason  to be-
lieve that any pollution referred to in subsection  (a)  is occurring
and is endangering the health and welfare of persons in a State
other than that in which the  discharge or discharges  originate.
The  Secretary  shall invite  the  cooperation of any municipal,
State, or interstate air  pollution control agencies having jurisdic-
tion in  the affected area on any  surveys  or studies  forming the
basis  of conference action.
   [(D) Whenever the Secretary, upon receipt of reports, surveys,
or studies from any duly constituted international agency, has rea-
son to believe that any pollution referred to  in subsection  (a)
which endangers the health or welfare of persons in a foreign
country is occurring, or whenever the Secretary of State requests
him to do so with respect to such pollution which the  Secretary of
State alleges is of such a nature, the Secretary of Health, Educa-
tion, and Welfare shall give formal notification thereof to the air
pollution control agency of the municipality where such discharge
or discharges originate, to the air pollution control agency  of the
State in which such municipality  is located, and to the interstate
air pollution control agency, if any, in the jurisdictional area of
which such municipality is located, and shall call promptly  a con-
ference of such agency or agencies. The Secretary shall  invite
the foreign country which may be adversely affected by the  pol-
lution to attend and  participate in the conference,  and the rep-

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             STATUTES AND LEGISLATIVE HISTORY          1299

resentative of such country shall, for the purpose of the con-
ference and  any  further  proceeding resulting  from  such con-
ference, have all the rights of a State air pollution control agency.
This subparagraph shall apply  only to a  foreign country  which
the Secretary determines has  given the United States essentially
the same rights with respect  to the prevention or control  of air
pollution occurring in that country as is given  that country  by
this subparagraph.
  [(2)  The agencies called to attend such conference may bring
such persons as they desire  to the conference. The  Secretary
shall deliver to such agencies and make available to other in-
terested parties, at least thirty days prior to any  such conference,
a Federal  report  with respect to the matters  before the con-
ference, including data and  conclusions  or findings  (if  any);
and shall give at least thirty days' prior notice of the conference
date to any such agency, and to the public by publication on at
least three different days in a newspaper or newspapers of gen-
eral circulation in  the area. The chairman of the  conference shall
give interested parties  an  opportunity to  present their views to
the conference  with respect to  such Federal  report, conclusions
or findings (if any), and  other pertinent information. The Sec-
retary shall provide that a transcript be maintained of the pro-
ceedings of the conference and that a  copy of such  transcript
be made available  on request of any participant in the conference
at the expense of such participant.
  [(3)  Following this conference, the  Secretary shall  prepare
and forward to all  air pollution control agencies attending the con-
ference a  summary  of conference discussions  including  (A) oc-
currence of air
                                                         [p. 80]

pollution subject to  abatement under this Act; (B) adequacy of
measures taken  toward abatement of the pollution; and  (C) na-
ture of delays, if any, being encountered in abating the pollution.
  [(e) If the Secretary believes, upon the conclusion of the con-
ference or thereafter, that effective progress  toward abatement
of such pollution is not being made and that  the health or wel-
fare of any persons is being endangered, he shall recommend to
the appropriate  State, interstate,  or municipal air pollution con-
trol agency (or to all such agencies)  that the necessary remedial
action  be  taken. The Secretary shall allow at least six months

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1300              LEGAL COMPILATION—Am

from  the  date  he makes such recommendations for the taking
of such recommended action.
  [(f) (1) If, at the conclusion  of the  period  so  allowed, such
remedial action or other action  which in the judgment of the
Secretary is  reasonably calculated to  secure abatement of such
pollution has not  been taken,  the Secretary shall call a  public
hearing, to be held in or near one or more of the places  where
the discharge or discharges causing or contributing to such pollu-
tion originated,  before  a hearing board  of five or more persons
appointed by the Secretary.  Each State in which any discharge
causing or contributing to  such pollution  originates and each
State  claiming to be adversely affected by such pollution shall
be given an  opportunity to  select one member of such hearing
board and each Federal department, agency, or instrumentality
having a substantial interest in the subject matter as determined
by the Secretary shall be given an opportunity to select one mem-
ber of such hearing board,  and  one member  shall be a  repre-
sentative of the  appropriate interstate air pollution agency if one
exists, and not less than a majority of such hearing board shall
be persons other than officers or employees of the Department
of Health, Education, and Welfare. At  least three weeks'  prior
notice of  such hearing shall be  given to the  State, interstate,
and municipal air pollution control agencies called to attend such
hearing and  to  the  alleged polluter or  polluters. All interested
parties  shall  be given a reasonable opportunity to present evi-
dence to such hearing board.
  [(2)  On the basis of evidence presented  at  such hearing, the
hearing board  shall make findings  as to whether pollution re-
ferred to  in  subsection  (a)  is occurring and  whether effective
progress toward abatement thereof is being made. If the hearing
board finds such  pollution  is  occurring and effective progress
toward abatement thereof is not being made it shall make recom-
mendations to  the Secretary concerning the measures, if any,
which it finds to be  reasonable and suitable to secure abatement
of such pollution.
  [(3)  The Secretary shall send  such findings  and recommenda-
tions  to the person or persons discharging any  matter causing or
contributing  to  such pollution; to air pollution control agencies
of the State or  States and of the municipality or municipalities
where such discharge or discharges originate;  and to any inter-
state  air  pollution control agency whose jurisdictional area in-
cludes any such municipality, together with a notice specifying a

-------
             STATUTES AND LEGISLATIVE HISTORY         1301

reasonable time (not less than six months)  to secure abatement
of such pollution.
  [ (g)  If action reasonably calculated to secure abatement of the
pollution within the  time specified in the notice following  the
public hearing  is not taken, the Secretary—
                                                        [p. 81]

      [(1) in  the case of pollution of air which is endangering
    the health  or welfare of persons  (A) in a State other than
    that in which the discharge or discharges  (causing or con-
    tributing to  such pollution) originate, or (B)  in a foreign
    country which has participated in a conference called under
    subparagraph (D) of subsection  (d)  of this section and in
    all  proceedings  under this  section resulting from such con-
    ference, may request the Attorney General to bring a suit
    on  behalf  of the United States in the  appropriate United
    States district court  to secure abatement of the pollution.
      [(2) in  the case of pollution of air which is endangering
    the health  or welfare of persons  only in the State in which
    the discharge or discharges (causing or contributing to such
    pollution)  originate,  at the request of the Governor of such
    State, shall provide such technical and other assistance as in
    his judgment is necessary to assist the State in judicial pro-
    ceedings to secure abatement of the pollution under  State
    or local law or, at the request of the Governor of such State,
    shall request the Attorney General to bring suit on behalf of
    the United States in  the appropriate United States district
    court to secure  abatement of the pollution.
   [ (h)  The court shall receive in evidence in any suit brought in
a United States court under subsection (g) of this section a trans-
script of the proceedings before the board and a copy of  the
board's recommendations and shall receive such further  evidence
as the court in  its discretion deems proper. The court, giving  due
consideration to the practicability of complying with such stand-
ards as may be applicable and to the physical and economic feasi-
bility of securing abatement of any pollution proved,  shall have
jurisdiction to  enter such judgment,  and orders enforcing such
judgment, as the public interest and the equities of the case may
require.
   [(i) Members of any hearing board appointed pursuant to sub-
section (f) who  are not regular full-time officers or employees
of  the  United  States shall, while participating  in  the hearing
conducted by such board or otherwise engaged on the  work of

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1302              LEGAL COMPILATION—AIR

such board, be entitled to receive compensation at a  rate fixed
by the  Secretary, but not  exceeding $100  per diem, including
traveltime, and while away from their homes  or regular places
of business they  may be allowed travel expenses, including  per
diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2)
for persons in the Government service employed intermittently.
  [(j) (1) In connection with any conference  called under  this
section, the Secretary is authorized to  require any person whose
activities result in the emission of air pollutants causing or con-
tributing to air pollution to file with him, in such form  as he may
prescribe, a report, based on existing data, furnishing to  the Sec-
retary such information as may reasonably be required as to the
character, kind,  and quantity  of pollutants discharged  and the
use of devices or other means  to  prevent or reduce the emission
of pollutants by  the person filing such a report. After a confer-
ence has been held with respect to any such pollution  the Secre-
tary shall require such reports from the person whose activities
result in such pollution only to the extent recommended  by such
conference. Such  report shall be made under oath or otherwise, as
the Secretary may prescribe, and shall be filed  with
                                                         [p. 82]

the Secretary within such reasonable period as the Secretary  may
prescribe, unless  additional time be granted  by  the Secretary. No
person  shall be required in such report to divulge trade secrets or
secret processes  and all  information reported shall be  considered
confidential for the purposes of  section 1905 of title 18 of the
United  States Code.
   [(2)  If any person required to file any report  under this  Sub-
section shall fail to do  so within  the time fixed by the Secretary
for filing the same, and such failure shall continue for thirty days
after notice of such default, such person shall forfeit to  the United
States the sum of $100 for each and every day of the continuance
of such failure, which forfeiture shall be payable into  the Treas-
ury of  the United States, and  shall be recoverable in a civil suit
in the  name of the United States brought in the district where
such  person has  his principal  office or in any district in  which
he does business: Provided, That the Secretary may upon appli-
cation  therefor  remit  or mitigate any  forfeiture provided for
under this subsection and  he  shall have authority to determine
the facts upon all such applications.
   [(3) It shall be the duty of the  various United States attorneys,

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             STATUTES AND LEGISLATIVE  HISTORY          1303

under the direction of the Attorney General of the United States,
to prosecute for the recovery of such forfeitures.
   [(k)  Notwithstanding any other provision of this section, the
Secretary, upon receipt of evidence that  a particular pollution
source or combination of sources (including moving sources) is
presenting an  imminent  and substantial  encnangerment to the
health of persons, and finding that appropriate State  or  local
authorities have not acted to abate such sources, may request the
Attorney  General  to bring suit on behalf of the United States in
the appropriate United States district court to immediately enjoin
any contributor to the  alleged pollution to stop the emission of
contaminants causing such pollution or to  take such other action
as may be necessary.

     [STANDARDS TO ACHIEVE HIGHER LEVEL OF AIR QUALITY

   [SEC. 109. Nothing in this title shall prevent a State,  political
subdivision, intermunicipal or interstate  agency from adopting
standards and  plans to  implement an air quality program which
will achieve a higher level of ambient air  quality than approved
by the Secretary.]

           Research Relating to Air Pollution  Effects

   Sec. 107. (a) In carrying out research pursuant to this Act, the
Secretary shall give  special  emphasis to research on  the short-
and long-term  effects of air pollution agents or combinations of
such agents on public health and welfare. In the furtherance of
such research, he shall conduct an accelerated research program—
      (1) to improve knowledge of the contribution of air pollu-
     tion agents to the  occurrence  of  adverse  effects  on health,
     including,  but not limited to, behavioral, physiological,  toxi-
     cological, and  biochemical effects; and
      (2) to  improve  knowledge  of the  short- and  long-term
     effects of air  pollution agents on the environment, including
     effects on  soils, water, vegetation, manmade materials, ani-
     mals, wildlife, weather, visibility, and climate as well as  ef-
    fects  on esthetic, recreation, and economic  values.
                                                        [p. 83]

   (b) In  carrying out  the provisions of this  section the Secre-
tary shall, as may be necessary—
      (1) conduct epidemiological studies of the effects of air

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1304               LEGAL COMPILATION—AIR

    pollution agents or combination of such agents on mortality
    and morbidity;
       (2) conduct clinical and laboratory studies on the immuno-
    logic, biochemical, 'physiological, and the toxicological effects,
    including carcinogenic, teratogenic, and mutagenic effects of
    air pollution agents or combination of such agents;
       (3) utilize, on a reimbursable basis, the facilities  of exist-
    ing Federal scientific laboratories and research  centers;
       (4) utilize the authority contained in section 103  (b) (1)
    through (4) of this Act; and
       (5) consult with other appropriate Federal agencies to as-
    sure that research or studies conducted pursuant to  this sec-
    tion shall be in addition to, and not duplicative of,  research
    and studies of such other Federal agencies.
   (c)  In entering into contracts under this section, the Secretary
is authorized to contract for a  term not to exceed ten  years in
duration. For the purposes of this subsection, there are authorized
to be appropriated $15,000,000. Such amounts as are appropriated
shall remain available until expended and shall be in addition to
any other appropriations under this Act.
   (d)  No research, demonstrations, experiments, or  other such
work shall be carried out, contracted for, sponsored, or authorized
under this Act after the effective date  of this subsection, unless
all information, uses, products, processes, patents, and other de-
velopments resulting from such work will (with such exception
and limitation, if any, as the Secretary  may find to be necessary
in  the public interest and he publishes  his finding) be  available
to  the general public.

                  Air Quality Control Regions

   Sec. 108.  (e) For the purpose of implementing applicable am-
bient  air  quality standards and for administrative  and other
purposes, the Secretary, after consultation with appropriate State
and local authorities, shall, within ninety days after enactment of
this section, designate any interstate and  major intrastate air
quality control region which he deems necessary and appropriate.
Any such designation shatt be based on jurisdictional boundaries,
urban-industrial concentrations, existing levels  of ambient air
 quality, and other factors necessary to provide for effective im-
plementation of ambient air quality standards. The Secretary
shatt immediately  notify  the Governor  or Governors of  the af-

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             STATUTES  AND  LEGISLATIVE HISTORY         1305

fected State or States of such designation. Any area of any State
which is not a  part of a region designated by the Secretary pur-
suant to this Act, including regions designated prior to enactment
of this subsection, shall be considered an air quality control re-
gion for the purpose of this  Act. The Governor of a State may
subdivide such  areas  into two or more air quality control regions
for the purpose of developing implementation plans pursuant to
this Act.
   (b)  All designations of air quality control regions made pur-
suant to this Act  shall be reviewed periodically and modified, if
necessary, by the Secretary,  after consultation with the appro-
priate State  and local authorities in the affected region and in
any States and  regions
                                                         [p. 84]

adjoining the State or affected region, to insure  the application
of the most effective and timely means of protecting and enhancing
air quality.  In  no event shall such review be less frequent than
once every five  years.

          Air  Quality Criteria and Control Techniques
  Sec. 109. (a) (1) The Secretary shall, within thirty days after
enactment of this  section and from time to time thereafter, pub-
lish in the Federal Register a list of air pollution agents or com-
bination of such agents—
       (A) which have,  or may be expected  to have, an adverse
    effect on public health or welfare,'
       (B) the presence  of which in the ambient air results from
    numerous  and diverse mobile or stationary sources,'  and
       (C) for  which air quality criteria requisite for the protec-
    tion of public health and welfare are planned.
The Secretary  shall, after consultation with appropriate advisory
committees  and Federal  departments  and agencies and within
twe7ve months  after  such publication, develop and  issue to the
States such criteria.
   (2)  Such criteria  shall accurately reflect  the  latest  scientific
knowledge useful in indicating the kind and extent of all identifi-
able effects  on  public health  or welfare which may be  expected
from the presence  of an air pollution agent or  combination of such
agents in the ambient  air, in varying quantities.
   (3)  Such criteria, to the extent practicable, shall include infor-
mation on—

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1306              LEGAL COMPILATION—Am

       (A) those variable factors ivhich of themselves or in com-
    bination with other factors may alter  the effects on public
    health and welfare of any air pollution agent or combination
    of such  agents, including,  but not limited to, atmospheric
    conditions;
       (B) the types of any air pollution agent or combination of
    such agents which, when present in the atmosphere, may in-
    teract to produce an effect on public health and welfare; and
       (C) any known or anticipated effects associated with the
    presence of any air pollution agent or combination of such
    agents in the ambient air, including, but not limited to, effects
    on soils, water, vegetation, manmade materials, animals, wild-
    life, weather, visibility,  and climate, as  well  as  effects  on
    economic values.
   (b) (1)  Simultaneously with the issuance of criteria, the Secre-
tary shall, after consultation with appropriate advisory commit-
tees and Federal departments and  agencies,  issue  to the States
and appropriate air pollution control agencies information on pol-
lution  control techniques, which information shall include data re-
lating  to the  technology and costs of emission control. Such infor-
mation shall include such data as are available on available tech-
nology and alternative methods of prevention and control  of air
pollution. Such information shall also include  data on alternative
fuels,  processes, and  operating methods  which will  result in
elimination or  significant reduction of  emissions.
   (2)  The Secretary shall also, from time to time, issue informa-
tion on pollution  control techniques for air  pollution agents or
combinations of such agents subject to the provisions of sections
114 and 115 of this Act.
                                                         [p. 85]

   (c)  Any air quality criteria or information on air pollution con-
trol techniques issued under  this Act by the Secretary prior to  the
enactment of this subsection shall continue in effect. The  Secre-
tary shall from time to time review, and, as appropriate, modify,
and reissue  any  criteria  or information on control  techniques
issued pursuant to this Act.
   (d) The issuance of air quality criteria and information on air
pollution control  techniques  shall be  announced in the Federal
Register and copies shall be made available to the general public.

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             STATUTES AND LEGISLATIVE HISTORY         1307

           National Air Quality Standards and Goals
  Sec. 110.  (a)  (1) Within thirty days after the date of enact-
ment of this section, the Secretary shall publish in the Federal
Register, in accordance with section 553 of title 5 of the United
States Code, proposed national ambient air quality standards  for
any air pollution agent or combination of such  agents for which
air quality criteria have been issued prior to the date  of enactment
of this section. He shall, after a  reasonable time for interested
persons to submit  written comments thereon,  promulgate such
proposed national ambient air  quality standards with such modi-
fications as he deems appropriate. Such promulgation shall occur
no later than ninety days after the initial  publication of such
proposed national ambient air quality standards.
   (2)  With respect to any air pollution agent or combination of
such agents for which  air quality criteria and information and
control techniques are issued subsequent to enactment of this sec-
tion, the Secretary shall publish, simultaneously  with the issuance
of such criteria and information,  proposed national ambient  air
quality standards for any such pollution agent or combination of
such agents. The procedure provided for in paragraph (1) of this
subsection shall apply.
   (3)  National ambient air quality standards, proposed and pro-
mulgated to paragraphs  (1) and (2) of this subsection, shall  be
ambient air quality standards  the attainment and maintenance of
which  are necessary to protect the health of persons. Such stand-
ards shall be revised, as necessary, in the same manner as promul-
gated.
   (b)  Simultaneously with the initial publication of  proposed na-
tional  ambient air  quality standards  pursuant to subsection (a)
of this section, the  Secretary shall publish proposed  national
ambient air quality  goals the attainment and maintenance  of
which  are necessary to protect the public health and welfare from
any known or anticipated adverse effects associated with the pres-
ence of such air pollution agent or combination of such agents in
the ambient air, including, but not limited to, adverse effects on
soils,  water,  vegetation, manmade materials,  animals,  ivildlife,
weather, visibility, and  climate, as well as  effects  on economic
values. Such national ambient  air quality goals shall  be published
and promulgated in the same manner as prescribed in subsection
(a) of this section for proposed national ambient air quality stand-
ards. Such goals shall be revised as necessary, in the same manner
as promulgated.

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1308              LEGAL COMPILATION—Am

                    Implementation Plans

  Sec. 111. (a)  (1) After  the promulgation  of national ambient
air quality standards  and national ambient air  quality goals, or
revisions thereof under section 110 of this Act, for any air pollu-
tion agent or
                                                        [p. 86]

combination of  such  agents, each State shall,  after  reasonable
notice and public  hearings, adopt and submit to the  Secretary,
within nine months after  such promulgation, a  plan  for  imple-
mentation, maintenance,  and enforcement of such standards and
goals in each air quality  control region designated or established
pursuant to this Act. Unless a separate public hearing is provided,
each State shall consider adoption of ambient air quality  stand-
ards which are more  restrictive than the national ambient air
quality standards at the  hearing  required by this paragraph.
   (2)  The Secretary shall, within four months after the date re-
quired for such  submission, act to approve or to disapprove such
plan or portion thereof. The Secretary shall approve such plan, or
any portion thereof, if he determines that it—
       (A) provides for  the attainment of such national ambient
    air quality  standards  within three  years from the date of
    approval of such plan;
       (B) includes emission requirements,  schedules and time-
    tables of compliance, and such other measures  as  necessary
    to insure attainment of any  applicable  ambient air quality
    standard and goal;
       (C) includes provision for establishment and operation of
    appropriate devices,  methods, systems, and procedures neces-
    sary  to (i) monitor, compile,  and analyze  data on ambient
    air quality and,  (ii)  upon request, make such data available
    to the Secretary;
       (D) includes,  to  the extent necessary, appropriate  pro-
    cedures,  including, but not limited to, land-use and air and
    surface transportation controls and permits, for insuring that
    any source of air pollution  agents  or  combination of such
    agents ivill be located, operated, and for other  than moving
    sources,  designed, constructed, and  equipped in such  a  way
    that  such  sources will  not  interfere with  implementation,
    maintenance,  and enforcement of any applicable  air quality
    standard and goal;
       (E) contains adequate provisions for intergovernmental

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             STATUTES AND LEGISLATIVE HISTORY         1309

    cooperation,  including  measures  necessary to  insure  that
    emissions of such agents or combination of such agents from
    sources located in one air quality control region will not cause
    or contribute to a violation of such air quality standards  or
    prevent attainment of such air quality goals in any other air
    quality control region or portion thereof;
       (F) provides (i)  that any person who owns, leases, oper-
    ates,  or  controls any stationary source subject  to  the pro-
    visions and requirements of such implementation plan shall
    be required to furnish to the appropriate State agency period-
    ic reports on the nature and amounts of emissions of any air
    pollution agent or combinations of such  agents from such
    source, and (ii) that such reports shall be correlated by the
    State agency with any emission requirements or standards
    established pursuant to this Act which reports shall be part  of
    the public record and available at reasonable times for public
    inspection;
       (G) provides necessary assurances that the State will have
    adequate personnel, funding, and authority to carry  out such
    implementation plan, including requirements for installation
    of monitoring equipment and methods on  sources subject  to
    emis-
                                                        [p. 87]

    sion requirements;  periodic  reporting  on the  nature and
    amounts of emissions; and authority comparable to that  in
    section 303 of this Act, and contingency plans to implement
    such authority as determined by the Secretary;
       (H) provides, to the extent necessary,  for a  program  of
    periodic  inspection and testing of motor vehicles, as author-
    ized by section 208 of this Act;
       (I)  provides for revision,  after public  hearings, of such
    plan from,  time to time  as  may be necessary to take account
    of revisions of such ambient air quality standards and goals
    or availability  of improved or more expeditious  methods  of
    achieving such standards and goals; and
       (J)  identifies the air quality control region to which such
    plan applies including the  boundaries of such region if it  is
    one resulting from, a subdivision under  section 108 (a)   of
    this Act.
  (3) Each approved plan, or portion thereof, for implementa-
tion, maintenance, and enforcement of such standards and goals
    526-703 O - 73 - 10

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1310               LEGAL COMPILATION—AIR

shall be the implementation plan applicable to such air quality
control region.
  (b)  The Secretary  may, wherever he determines necessary,
extend the period for submission of any portion of any  plan for
implementation of any national ambient air quality goal, for a
period not to  exceed eighteen months from the date otherwise
required for submission of such plan.
  (c) The Secretary shall, after consideration of any State hear-
ing record promptly prepare and publish proposed regulations set-
ting forth such a  plan, or portion thereof, for such quality  air
control region if (1) a State fails to submit, for any air quality
control  region, or  portion  thereof,  a plan for implementation,
maintenance, and  enforcement of ambient air quality standards
and goals within the time prescribed, or (2) the plan, or portion
thereof, submitted for any such region is determined by  the
Secretary not  to be in accordance with the requirements of this
section. If such State held no public hearing associated with adop-
tion of  an implementation plan,  the  Secretary shall provide  op-
portunity for  such hearing within such region on any proposed
regulation for such region. The Secretary shall, within six months
after the  date required for submission of such plans, promulgate
any such  regulations unless,  prior  to  such promulgation,  the
subject State has adopted and submitted a plan which the Secre-
tary determines to be in accordance with the requirements of this
section. A plan promulgated by the Secretary for any air quality
control  region shall be the plan applicable to such region in  the
same manner as if such plan had been adopted by the subject State
and approved  by the Secretary pursuant to subsection (a)  of this
section  and shall remain in  effect until such State submits a plan
and it is  approved under this section.
   (d)  Ambient air quality standards and implementation plans
adopted by States and submitted to the Secretary pursuant to this
Act prior to enactment of this section shall remain in effect, unless
the Secretary determines that such air quality standards and
implementation plans, or portions thereof, are not consistent with
the applicable requirements of this Act  and will not provide  for
the attainment of national  ambient air  quality standards in  the
time required by this Act. If the Secretary so determines, he shall,
within ninety days after
                                                        [p. 88]

promulgation  of any national ambient air quality standards pur-

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             STATUTES AND LEGISLATIVE HISTORY          1311

suant to section 110 (a) (1)  of  this Act, notify the appropriate
State or States  and specify in what respects changes are needed
to meet the additional requirements of this Act, including require-
ments to implement ambient air quality goals.  If  such changes
are not adopted by the State or States after public hearings and
within six months after such notification, the Secretary shall pro-
mulgate such changes  pursuant to subsection (c) of this section.
   (e) (1) Whenever, the Secretary or his authorized representa-
tive  finds new  information developed from  surveys, studies, in-
vestigation,  or reports, or any information otherwise made avail-
able to him,  that, in any air quality control region, an approved or
promulgated implementation plan will be, or has been, substantial-
ly inadequate  to achieve national ambient air quality  standards
promulgated pursuant  to this Act, the Secretary shall notify the
appropriate State or States of  such new information and shall
allow the appropriate  State or States an opportunity to respond.
If such State or States fails to respond  within ninety days  after
receipt  of  such  notice, or if such  response is inadequate, the
Secretary shall revise and  promulgate  such plan  within four
months, in accordance  with provisions of section 553 of title 5 of
the United States Code. Such revision may include an extension of
the period required to  obtain the quality of air established by any
national ambient air quality standard established pursuant to this
Act, except that such extension shall not exceed one year. No
further extension shall be granted pursuant  to this provision and
no extension shall affect any emission requirement, timetable, or
schedule of  compliance adopted  as a part of the plan subject to
revision  unless  such requirement, timetable, or schedule is the
subject of such revision.
   (2) Any revised plan promulgated pursuant to this subsection
shall be the  plan applicable to such region in the same manner as
if such plan had been  adopted by the State and approved by the
Secretary pursuant to  this section.
   (/) (1) No  later than one year before the expiration of the
period for the attainment of ambient air  of the quality established
for any national ambient air quality  standard pursuant to section
110  of this  Act, the Governor of a  State in which  is located all
or part of an air quality control region designated or established
pursuant to this Act may file a petition in the district court of the
United States for the  district in which  all or a part of such air
quality control region  is located  against  the United States for re-
lief from the effect of such expiration (A) on such region or por-

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1312              LEGAL COMPILATION—Am

tion  thereof, or (B) on a person  or persons  in such  air quality
control region. In the event that such region  is an interstate air
quality control region or portion  thereof, any Governor of any
State which is  wholly  or partially included in such interstate
region shall be permitted to intervene  for the  presentation of
evidence  and argument on the question of such relief.
  (2) Any  action brought pursuant to  this  subsection shall  be
heard and determined by a court of three judges in  accordance
with the  provisions of section 228J> of title 28 of the United States
Code and appeal shall be to the Supreme Court.  Proceedings be-
fore the  three judge court, as authorized by this subsection, shall
take precedence
                                                        [p. 89]

on the docket over all other causes of action and shall  be assigned
for hearing and decision at the earliest  practicable date and ex-
pedited in every way.
  (3) (A) In any such proceeding the Secretary shall intervene
for the purpose of presenting evidence and argument on the ques-
tion of whether relief should be granted.
  (B)  The  court, in its  discretion,  may permit any interested
person residing in any affected State to intervene for  the presen-
tation of evidence and argument on the question of relief.
  (.4) The court, in  view of the paramount interest of the United
States in achieving  ambient  air quality  necessary to  protect the
health of persons shall grant relief only if it determines such relief
is essential  to the public interest and the general welfare of the
persons in such region, after finding—
       (A)  that substantial efforts have  been made to protect the
    health of persons in such  region; and
       (B)  that means to control emissions causing or contribut-
    ing to such failure are not available or have not been available
    for  a sufficient period  to achieve  compliance prior to  the
     expiration of the period to attain an applicable standard; or
       (C)  that  the failure to achieve such ambient  air quality
    standard is caused by emissions from a  Federal  facility for
    which the President has granted an exemption pursuant to
     section 119 of this Act.
   (5)  The  court, in granting such relief shall  not  extend the
period established by this Act for more than one year and may
grant renewals for  additional one year periods only  after the
filing of  a new petition with  the court.

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              STATUTES  AND LEGISLATIVE  HISTORY         1313

   (6)  The Secretary, in consultation with any affected State or
States, shall  take such action as may be necessary to modify any
implementation plan  or  formulate any  new implementation plan
for the period of such extension.
   (7)  No extension granted pursuant to this section shall effect
compliance with any  emission requirement, timetable, schedule of
compliance, or other  element of any implementation plan unless
such  requirement,  timetable,  schedule  of compliance, or other
element of such plan is the subject of the specific order extending
the time for compliance with such  national ambient air quality
standard.

   State Standards  and Plans to  Achieve  Greater Air  Quality
                           Control

   Sec. 112. Nothing in this title shall be construed as preventing
a State, political subdivision thereof, intermunicipal or  interstate
agency from adopting, within the time provided in sections 110
and 111  of this Act, or revising after such time, ambient air
quality standards and implementation plans,  including emission
requirements, to  implement an air  quality program which  will
(A) attain and maintain  a higher  level  of air quality than is
specified in  any national ambient air quality standard promul-
gated pursuant to this Act,  or (B) attain and maintain the level
of air quality specified in any national ambient air quality  stand-
ard within a  shorter period of time than required by this Act, or
from adopting  with the time
                                                        [p. 90]

provided in section 114 or section 115 of  this Act, or revising after
such time, emission standards  more stringent than those  estab-
lished by the Secretary.

             New Source Standards of Performance

  Sec. 113. (a) For the purpose of this section, the term—
      (1)  "stationary sources"  means those buildings,  struc-
    tures, facilities, or installations which, regardless of location,
    emit or may emit any air pollution agent or combination of
    such  agents in amounts which cause or contribute to  the
endangerment of the public health and welfare;
      (2) "new source" means any stationary source, the con-
    struction or modification of which  is begun  on  or  after the

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1314              LEGAL COMPILATION—Ant

    effective date of any standard of performance established
under this section applicable to such source;
       (3)  "construction" means any placement, assembly, or in-
    stallation of facilities or equipment  (including contractural
    obligations  to purchase such facilities or equipment)  at the
    premises where such equipment will be used, including pre-
    paratory work at such premises;
       (4)  "modification"  means  any construction (other  than
    pollution  abatement facilities as  determined by  the  Secre-
    tary or appropriate State agency) which may alter the nature
    or may increase the amounts of air pollution  agents or  com-
    bination of such agents emitted by a stationary source; and
       (5)  "owner or operator" means  any person who owns,
    leases,  operates,  controls, or supervises a new source.
   (b)  (1) The Secretary shall,  within ninety days  after the en-
actment of this  section and from time to time thereafter, publish
in the Federal Register a list of categories of stationary sources
which shall be  subject to standards of performance  established
under this section.
   (2)  Within one hundred and twenty days after the  publication
of such a list or revision thereof, the Secretary shall publish in
the Federal Register proposed regulations, in accordance  with
section 553  of  title  5  of the  United  States Code, establishing
Federal standards of performance for new sources. Such stand-
ards shall reflect the greatest degree of emission control which
the Secretary determines to be  achievable through application of
the  latest  available  control  technology,  processes,  operating
methods,  or other alternatives.  The Secretary shall afford inter-
ested  persons an opportunity for written comment on such pro-
posed regulations. After considering  such comments, he  shall
promulgate, within ninety days after such publication, such stand-
ards with such modifications as he deems  appropriate and shall
notify the States of such promulgation. The Secretary may from
 time  to time revise  such standards following  the  precedure re-
 quired by this subsection for promulgation of such standards.
   (3) Standards of performance or revisions thereof shall  be-
 come  effective upon promulgation.
   (4) The Secretary may distinguish among classes, types, and
 sizes within categories of new sources for the purpose of establish-
 ing such standards.
                                                         [p. 91]

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             STATUTES AND LEGISLATIVE HISTORY         1315

  (c) Prior to publishing any lists or regulations pursuant to this
section the Secretary shall, to the maximum extent practicable
within the time provided, consult with appropriate advisory com-
mittees,  independent  experts  and  Federal departments  and
agencies.
  (d)  The provisions of this section shall apply to any new source
owned and operated by  the United States.
  (e) (1)  The Secretary shall, within ninety days after enactment
of this section, promulgate regulations, in accordance with section
553 of title 5 of the United States Code,  establish a procedure
for  certification of compliance with any standard of performance
promulgated  pursuant to this section. Such procedure shall in-
clude—
       (A) provisions for preconstruction review of the locations
    and design of any new source;
       (B) provisions for performance tests within a reasonable
    time after commencement of operation of any new source;
       (C) methods to identify violations and enforce compliance
    with such standards of performance; and
       (D) methods to insure that any such new source shall not
    prevent implementation of national ambient  air quality stand-
    ards or national ambient air quality goals promulgated under
    this  title.
  (2) Except as provided in subsection (f) of this section, upon
application by  any  owner or operator of any new source the
Secretary shall, within ninety days after application for certifica-
tion, act on such application.  If the Secretary determines, in ac-
cordance with  the provisions  of this section,  that such  source
complies  with the applicable  standards of performance promul-
gated under this section he shall certify such source.
  (f) (1)  Each State may develop and submit  to  the Secretary
a procedure for certification of compliance with any standard of
performance  for any new source located  in such State.  If the
Secretary finds the  State procedure is at  least equal to  the re-
quirements established pursuant to subsection (d)  of this section.
he shall delegate certification authority provided  in  this section
to such State for other  than new sources owned and operated by
the  United States.
  (2)  Nothing in this section shall prohibit the Secretary from
enforcing  any applicable standard of performance promulgated
pursuant to this section, including suspending any State certifica-
tion granted pursuant to  this  section.

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1316              LEGAL COMPILATION—Am

  (g) Every owner or operator of a new source subject to stand-
ards established under this section shall  (1)  establish and main-
tain such records, make such reports, install, use, and maintain
monitoring equipment or methods, and provide such information
as the Secretary may reasonably require to enable him to deter-
mine whether such source is in compliance with this  section and
regulations established  thereunder, and  (2)  upon request of an
officer or employee, duly designated by the Secretary, permit such
officer or employee at reasonable times, to have access to and copy
such records, and to inspect any such monitoring equipment or
method. Except for  emission data, upon a showing satisfactory
to the Secretary by such owner or operator that such records,
reports, or information  or particular part thereof,  if made public,
would divulge trade secrets  or secret processes of such owner or
operator,  the  Secretary shall  consider such record,  report, or
information
                                                        [p. 92]

or particular portion thereof confidential in  accordance with the
purposes of section 1905 of title 18  of the  United States Code,
except that such record, report, or  information  may be disclosed
to other officers, employees, or authorized  representatives of the
United States concerned with carrying out this Act or when reve-
lant in any proceeding  under this Act.
  (h) (1) After the effective date  of standards of performance
promulgated under this section, it shall be unlawful—
       (A) for any owner or operator to operate any new source
     without certification issued under this section; or
       (B) for any owner or operator of any certified new source
     to operate such source  in violation of any  standard of per-
     formance applicable to  such source; or
       (C) for any owner or operator to fail or refuse to permit
     access to, or copying of, records or to fail to make reports,
     or to fail to install,  use,  or maintain, monitoring equipment or
     methods, or provide information required under this  section.
  (2)  The district courts of the United States shall have juris-
diction  to enjoin violations  of paragraph (1) (A) or paragraph
(1) (C) of this subsection.  In any action  to restrain violations,
subpoenas for witnesses who are required to attend a district court
in any district  may run into any other district.
  (3) Any owner or operator who violates paragraph (1) (A) or
paragraph (1) (C) of  this  subsection shall  be liable to a civil

-------
             STATUTES AND LEGISLATIVE HISTORY         1317

penalty of not more than $5,000 for each offense which shall be
assessed by the Secretary after an opportunity for a public hear-
ing. Each day of violation shall be a separate offense.
   (4)  Any violation of  paragraph  (1) (B)  of this  subsection
shall be subject to abatement pursuant to section 116 of this Act,
If any owner or operator of a certified new source does not initiate
abatement within seventy-two hours as provided in any  order
issued pursuant to section 116 (a) (2) of this Act to abate such
violation, the Secretary shall suspend any applicable Federal or
State certification. Failure to suspend  operation of such  source
after such suspension shall be considered a knowing violation  for
purposes  of  section 116 of  this Act and shall, upon conviction,
subject the owner or operator to a fine of at least $5,000 for each
day of operation  after such  suspension.

  National Emission Standards—Selected Air Pollution Agents
  Sec. 114. (a) For the purpose of this section the term—
       (1) "selected air pollution agent" means any air pollution
    agent or combination of such agents which is not subject to
    the provisions of sections 109 and 110 or 115 of this Act, and
    which has or may be expected  to have an  adverse effect  on
    public health and the presence of which, in the ambient air,
    results from emissions from categories of stationary  sources
    as defined pursuant to  the  provisions of section 113 of  the
    Act; and
       (2) "owner or operator" means any  person ivho  owns,
    leases, operates, controls, or supervises a stationary source.
   (b)  The Secretary shall,  within one  hundred and eighty days
after the enactment of this  section and from time to time there-
after, compile
                                                        [p. 93]

and publish in the Federal Register a list of selected air pollution
agents or combinations of agents for which he  deems that emis-
sion standards are  appropriate  under this  section in order to
carry out the purposes of this Act.
   (c)(l) The Secretary shall from time to  time publish in  the
Federal Register, in accordance with section 553 of  title 5 of  the
United States Code, proposed regulations establishing emission
standards for such air pollution agents or  combination of such
agents included in such list. Such standards shall be designed to
insure that emissions of such pollution agent or combination of

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1318              LEGAL COMPILATION—Am

agents from any such stationary source shall not endanger public
health. The Secretary shall afford interested persons an opportu-
nity for written comment on such proposed regulations, and, after
considering such comments, shall promulgate, within one hundred
and twenty days after such publication, such emission' standards
with such modifications as he deems appropriate.  The Secretary
may distinguish among classes, types, and sizes within categories
of such sources for the purpose of  this section.
   (2)  Any emission standard promulgated pursuant to this sec-
tion shall be reviewed and, if appropriate,  revised in the same
manner as initially promulgated.
   (3)  Such standards shall become effective on the date specified
in such promulgation, but in  no  event more  than twenty-four
months after such promulgation.
   (4)  The Secretary may, upon application filed by any owner or
operator, waive, subject to such terms and conditions as he may
prescribe, the application of any  emission  standard established
under  this section to  any stationary  source  of such owner  or
operator if he finds, and  publishes his  finding,  that such source
has achieved the greatest degree of air pollution control currently
technically feasible and that the health of persons is not adversely
affected by such waiver. Such waiver shall be subject to the review
provision of section 308 of this Act.
   (d)  Prior to publishing any lists or  regulations pursuant to
this section the Secretary shall, to the maximum extent practicable
within the time provided,  consult with appropriate advisory com-
mittees,  independent  experts  and Federal departments and
agencies.
   (e)  After the effective date of the standards promulgated under
this section,  every owner or operator of a  stationary source to
which such standards apply shall (1) establish and maintain such
records, make such reports, install, use, and maintain monitoring
equipment or methods and provide such information as the Secre-
tary may reasonably require to enable him to determine whether
such source is in compliance with this section and  the standards
established hereunder  and (2) upon request of an  officer or em-
ployee duly designated by the Secretary permit such officer  or
employee, at reasonable  times, to  have access  to and copy such
records, and to inspect any such monitoring equipment or method.
Except for  emission data,  upon a showing satisfactory to  the
Secretary by such owner or operator that such records, reports, or
information  or particular part thereof, if made  public,  would

-------
              STATUTES AND LEGISLATIVE HISTORY         1319

divulge trade secrets or secret processes of such owner or operator,
the Secretary shall consider such record, report, or information or
particular  portion  thereof confidential in  accordance with the
purposes of section  1905 of title 18  of the  United States  Code,
                                                        [p. 94]

except that such record, report, or information may be disclosed
to other officers, employees, or authorized representatives of the
United States  concerned with carrying  out this  Act or  when
relevant in any proceeding under this Act.
   (/) (1)  Beginning on and after the effective date of any emis-
sion standard promulgated under this section, it shall be unlawful
for any owner or operator to  operate any stationary source  in
violation of such standard.
   (2)  Beginning on and after  the  effective date  of any emission
standard promulgated  under this section,  it shall be unlawful for
any owner or  operator  of a  stationary  source  subject  to  such
standard to fail or refuse to permit access to, or  copying of, rec-
ords, or to fail to make reports, or to fail to install, maintain, and
use monitoring equipment  or methods, or  provide information re-
quired by the Secretary pursuant to subsection (d) of this section.
   (g)  Any violation of paragraph (1) of subsection (/) of this
section shall be subject to abatement pursuant to section 116  of
this Act.
   (h)  Any owner  or  operator who  violates paragraph (2)  of
subsection (/) of this  section shall be liable to a civil penalty  of
not more than $5,000 for each offense which, after an opportunity
for a hearing, shall be assessed by the Secretary.
   (i)  Any failure of such owner or operator, to  comply with an
order issued pursuant to section 116(a) (2)  of this Act shall  be
considered a knoiving violation for purposes of section 116(b)
of this Act, and shall, upon conviction,  subject such owner  or
operator to a fine of at least $5,000 for each day of operating after
such suspension.
   (/) (1)  Each State may develop and submit to the Secretary a
procedure for enforcement of any emission standards established
under this section for  any  stationary source  located, in any State.
If the Secretary finds  the  State procedure is adequate to imple-
ment  the  purposes  of  this section he  shall delegate enforcement
authority provided in this section to such State.
   (2)  Nothing in  this subsection shall  prohibit  the  Secretary

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1320              LEGAL COMPILATION—Am

from  enforcing any  applicable emission standard promulgated
pursuant to this section.

    National Emissions Standards—Hazardous Air Pollution
                           Agents

  Sec. 115. (a) (1) The Secretary shall, within ninety days after
the enactment  of this section and from time to  time thereafter,
publish in the Federal Register a list of those air pollution agents
or combination of such agents which available material evidence
indicates are hazardous to the health of persons  and which shall
be subject to a prohibition or emission standard established under
this section.
   (2)  Within one hundred and eighty days after the publication
of such list, or revision thereof, the Secretary, in  accordance with
section 553 of  title 5 of the  United States Code, shall publish  a
proposed prohibition of emissions of each such agent or combina-
tion of agents from any stationary source together with a sum-
mary of such evidence and a notice of a public hearing within
thirty days. As soon as possible after such hearing, but not later
than six months after such publication, the  Secretary  shall pro-
                                                        [p. 95]

mulgate such prohibition, unless, based upon a preponderence of
evidence adduced  at  such hearing, he  finds within  such period
and publishes his finding—
       (A)  that such agent is not hazardous to the  health  of
    persons; or
       (B)  that a departure from such  prohibition for stationary
    source will not be hazardous to the health of persons.
   (3)  If  the Secretary finds under paragraph  (2) (A)  of this
subsection that such agent is not hazardous  to the health of per-
sons,  he shall immediately publish  an  emission  standard in ac-
cordance with the procedures established under section 114 of this
Act.
   (4)  If  the Secretary finds  under paragraph  (2) (B)  of this
subsection that a departure from such prohibition for any station-
ary source will not be hazardous to the health of  persons, he shall
immediately promulgate an emission standard for such agent or
combination of agents  for any such stationary source  to protect
the health of persons.
   (5)  When proposing or promulgating any prohibition or emis-
sion standard  under this section,  the  Secretary shall designate

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              STATUTES AND LEGISLATIVE HISTORY          1321

the category or categories of stationary sources to which the pro-
hibition or emission standard shall apply.
   (6)  Any prohibition  or emission standard established pursuant
to this section shall become effective upon promulgation.
   (7)  Prior to publishing any lists or regulations pursuant to this
section the Secretary shall,  to the maximum  extent  practicable
within the time provided, consult ivith appropriate advisory com-
mittees,  independent   experts  and  Federal  departments and
agencies.
   (b)  For purposes of  this section, an air pollution agent which
is 'hazardous  to  the  health  of persons'  is one whose presence,
chronically  or intermittently, in  trace  concentrations  in  the
ambient  air, either alone  or in combination with other agents,
causes or will cause, or contribute to, an  increase  in mortality or
an  increase in serioiis  irreversible or incapacitating  reversible
damage to health.
   (c)  After the effective date of any prohibition or emission
standard promulgated under this section, every owner or operator
of a stationary source subject to such prohibition or standard shall
(1) establish and maintain such records, make such reports, in-
stall,  use,  and maintain monitoring  equipment or methods and
provide such information as the Secretary may  reasonably require
to enable him to determine whether such source is in  compliance
u)ith  this section and  the prohibition or standards  established
hereunder, and (2) upon request  of  an officer or employee duly
designated by the Secretary permit such officer  or  employee, at
reasonable times to have access to and copy such  records,  and to
inspect any such monitoring equipment  or method. Except fot
emission data,  upon a shoiving satisfactory to the Secretary  by
such owner or operator that such records, reports, or information
or particular part thereof, if made public,  would divulge trade
secrets or secret processes of such owner or operator,  the Secre-
tary shall  consider such record, report,  or  information or par-
ticular portion thereof confidential in accordance ivith the purposes
of section 1905 of title 18 of the United States Code, except that
such record, report, or information may be  disclosed to  other
officers or  employees of  the United States concerned with carry-
ing out this Act or when  relevant in any proceeding  under this
Act.
                                                        [p. 96]

   (d)  Upon evidence of a violation of any prohibition or emission
standard established pursuant to this section, the  Secretary shall

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1322              LEGAL COMPILATION—Am

bring a civil suit on behalf of the United States against the owner
or operator of such source which causes or contributes to such vio-
lation for immediate abatement, including a, permanent  or  tem-
porary  injunction, restraining order, or any  other  appropriate
order, in the  appropriate United States district court for the dis-
trict in which such stationary source is located  or in which the
owner or operator thereof has his principal office or resides. Each
court shall have jurisdiction to provide such relief  as  may  be
appropriate.  In any  such action, the findings of the Secretary
under subsection (a)  of this section shall be presumed correct.
   (e) Any prohibition or emission standard promulgated pursuant
to this section shall  be subject to review, and  if appropriate, re-
vision in the same manner as initially promulgated.

                     Federal Enforcement

   Sec. 116. (a)  (1) The violation of any implementation plan, in-
cluding any emission requirements therein, or any emission stand-
ard, or standard of performance established  pursuant to this Act
is prohibited.
   (2)  Whenever,  on the basis of surveys, studies, investigations,
reports or any information otherwise made available to him, the
Secretary or an authorized representative of the Secretary  finds
(A) that any person is in violation of, or is causing or contribut-
ing to  a violation of, an implementation plan, including any emis-
sion requirement  therein, and that, in the judgment  of  the Sec-
retary, a State  has not satisfactorily administered its implemen-
tation plan, particularly the requirements of section III (a) (2)
(G); or (B)  that any person is in violation  or is causing or con-
tributing  to a violation of standards of performance established
under section 113 of this Act; or (C)  that any  person is in vio-
lation  of an  emission standard established under section 114 of
this Act; he shall  promptly issue an order in writing to such per-
son requiring such person to initiate abatement  of such violation
as soon as possible and within a time to be prescribed therein. In
the  case  of  a violation of any emission  requirement, emission
standard, or  standard of performance,  such time shall not exceed
seventy-two hours from the receipt  of such notice. A copy of the
order shall be sent to the State air pollution control agency of the
State or States in which the violation occurred, or is occurring,
 and, in any case where the order issued is to a corporation, to ap-
propriate corporate  officers. All such orders shall state with rea-
sonable specificity the  nature of the violation.  Nothing  in this

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             STATUTES AND LEGISLATIVE HISTORY         1323

section  shall affect the authority of the Secretary pursuant to
section 303 of this Act.
  (3) For the purpose of (A) establishing any ambient air qual-
ity standard, prohibition, emission standard, or standard of per-
formance pursuant to this Act; or (B)  making any investigation
under this Act of any  building, structure, monitoring  equipment,
or other facility subject to any air quality standard, implementa-
tion plan, emission requirement, prohibition, emission standard,
waiver, or standard of performance established under this Act,
the Secretary or his authorized representative shall have a right
of entry to, upon, or through such building, structure, or facility,
upon presentation of his credentials. The Secretary shall,  when
appropriate,  require any person who owns,
                                                        [p. 97]

leases, operates, or controls such building, structure, or other fa-
cility to  install, use and maintain  monitoring equipment and
methods and to sample any emission subject to  emission require-
ments,  emission standards, or standards of performance in ac-
cordance with such methods, at such locations, at such intervals,
and in such manner as the Secretary shall prescribe and to report
such samples to the Secretary as he may prescribe and such report
shall be public.
  (4) The Secretary shall institute a civil action for appropriate
relief, including a permanent or temporary injunction, in  the dis-
trict court of the United States for the district in which a person
subject  to any implementation plan, emission requirement,  emis-
sion standard, or standard of performance established under this
Act  is  located or resides or  is  doing  business, whenever such
person—

       (A) violates or fails or refuses to comply with any  order
     issued under  paragraph  (2) of this subsection  (any such
     order shall be in force unless and until the court  determines
     that  the interests of the public are best served  by  staying
     such  order and that  there is a substantial likelihood that
     such  party will prevail on the merits  of  the  matters sub-
     ject to review); or
       (B) violates  or fails or  refuses  to  comply with  any re-
     quirement established under section 113, 114,  or  115 of this
     Act;  or
       (C) refuses to furnish any information, data, or reports or
     refuses  to  install, maintain,  or use monitoring equipment

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1324              LEGAL COMPILATION—Am

    or methods required by the Secretary or appropriate State
    agency in furtherance of the provisions of this Act; or
       (D) refuses to permit  access to,  and  copying  of, such
    records as the Secretary  determines  necessary in  carrying
    out the provisions of this  Act.
  (5) Any person subject  to an order issued pursuant to para-
graph  (2) of  this subsection  and who undertakes  compliance
with such order shall not  be foreclosed from instituting in  the
United States district court for the district in which  the alleged
violation occurred an action against  the Secretary to challenge
such order.
  (b) Any person (A)  who knowingly violates any schedule or
timetable of compliance or  emission requirement included in any
implementation plan, or (B)  who knowingly violates  any  (i)
emission standard established   under  section  114 of this Act, or
(ii) prohibition or emission standard established under section
115 of this Act, or (C)  who knowingly violates any standard of
performance  under section 113, or (D) who knowingly violates
or fails or refuses to comply  with any order issued  under this
section, shall, upon conviction, be punished by a fine of not more
than $25,000 per day of violation, or by  imprisonment for  not
more than one year, or by  both. If the conviction is for a viola-
tion  committed after the first conviction  of such person under
this subsection, punishment shall be by a fine  of not more than
$50,000 per day of violation, or by imprisonment for not more
than two years, or by both.
  (c) Any  person who  knowingly  makes  any  false  statement,
representation, or certification in any application, record, report,
plan, or other document filed or required to be maintained under
this Act or who falsifies,  tampers with,  or  renders inaccurate
any monitoring device or method required to be maintained under
this Act, shall, upon conviction, be punished  by a fine  of  not
more than $10,000, or by  imprisonment for not more  than  six
months, or by both.
                                                       [p. 98]

    PRESIDENT'S AIR QUALITY ADVISORY BOARD AND ADVISORY
                        COMMITTEES
  SEC. [110] 117. (a)(l) There is hereby established in the  De-
partment  of  Health, Education, and Welfare an Air Quality
Advisory Board, composed  of the Secretary or his designee, who
shall be Chairman, and fifteen  members appointed by the Presi-

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             STATUTES AND LEGISLATIVE HISTORY         1325

dent, none of whom shall be Federal officers or employees. The
appointed members, having due regard for the purposes of this
Act,  shall be selected  from among representatives of  various
State, interstate,  and  local governmental  agencies,  of public
or private interests contributing to,  affected by, or concerned
with  air pollution, and  of other public and private  agencies, or-
ganizations, or groups  demonstrating an active interest in  the
field of air pollution prevention and control, as well as other in-
dividuals who are expert in this field.
   (2) Each member appointed by the President shall hold  office
for a term of three years, except that (A) any member appointed
to fill a  vacancy occurring  prior to  the expiration of the  term
for which his predecessor was appointed shall be appointed  for
the remainder of such term, and  (B) the terms of office of  the
members first taking office pursuant to this subsection shall expire
as follows: five at the end of one year after the date of appoint-
ment, five at the end of  two years after such date, and five at the
end of three years after such date, as designated by the President
at the time of appointment, and  (C) the term  of  any member
under the preceding provisions  shall be extended until  the date
on which his successor's appointment  is effective.  None of  the
members shall be eligible for reappointment within one year after
the end of his preceding term, unless such term was  for less than
three years.
   (b) The Board shall advise and consult with the  Secretary on
matters of policy relating to the activities  and functions of  the
Secretary under this  Act and make such recommendations  as it
deems necessary to the President.
   (c) Such clerical and technical assistance as may  be necessary
to discharge the duties  of the  Board  and such othe± advisory
commitees as hereinafter authorized shall  be provided  from  the
personnel of the Department of Health, Education, and Welfare.
   (d) In order to obtain assistance in the  development and  im-
plementation of the purposes of this Act including air quality
criteria, recommended control techniques, standards,  research and
development, and to encourage  the continued efforts on  the part
of industry to improve air  quality  and to  develop  economically
feasible methods for the control and abatement of air  pollution,
the Secretary shall from time to time establish advisory  com-
mittees.  Committee members  shall  include, but not be  limited
to, persons who are knowledgeable  concerning air  quality  from
the standpoint of health, welfare, economics, or  technology.
    526-703 O - 73 - U

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1326              LEGAL COMPILATION—Am

  (e) The members of the Board and other advisory committees
appointed pursuant to this Act who are not officers or employees
of the United States while attending  conferences or meeting of
the Board or while otherwise serving at  the request of the Sec-
retary, shall be  entitled to receive compensation at a rate  to be
fixed by the Secretary, but not exceeding $100 per diem, including
traveltime, and  while away from their homes or regular places
of business they  may
                                                        [p. 99]

be allowed travel expenses, including per diem in lieu  of subsis-
tence, as authorized by section 5703 of title 5 of the United States
Code  for  persons in the Government  service employed intermit-
tently.

[COOPERATION BY FEDERAL AGENCIES  TO  CONTROL  AIR POLLUTION
                   FROM FEDERAL FACILITIES
  [SEC. 111. (a) It is hereby declared to be the intent of Congress
that any Federal department or agency having  jurisdiction over
any building, installation,  or other property shall, to the extent
practicable and  consistent with the interests of the United States
and within any  available appropriations,  cooperate with the De-
partment of Health,  Education, and Welfare and with any air
pollution  control agency in preventing and  controlling the pol-
lution of the air in any area insofar as the discharge  of any mat-
ter from or by such building, installation,  or other property
may cause or contribute to pollution of the air in such area.
  [(b)  In order to  control  air pollution which  may endanger
the health or welfare of any persons, the Secretary may establish
classes of potential pollution sources for which any  Federal de-
partment or agency having jurisdiction over any building, instal-
lation, or other property  shall, before discharging  any matter
into the air of the United States, obtain a permit from the Secre-
tary for such discharge, such permits to be issued for a specified
period of time to be determined by the Secretary and subject to
revocation if the  Secretary  finds pollution  is  endangering the
health and welfare of any persons.  In connection with  the  issua-
ance of such permits, there shall be submitted  to the  Secretary
such  plans,  specifications, and other  information as  he  deems
relevant thereto and  under such conditions as he  may  prescribe.
The Secretary  shall  report each January  to the Congress the
status of such permits and  compliance therewith.]

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             STATUTES AND LEGISLATIVE HISTORY         1327

          Control of Pollution From Federal Facilities

  Sec. 118. (a) Each agency  of  the  executive,  legislative, and
judicial branches of the Federal Government  (1)  having juris-
diction over any real property or facility, including any vehicle or
vessel, which it owns and operates, or (2) engaged in any activity
resulting, or which may result, in the discharge  of air pollution
agents or combinations of such agents, shall provide  leadership
in carrying out the policy and purposes of this Act and shall com-
ply with the requirements of this Act in the same manner as any
person must so comply in the  administration  of such property,
facility, or activity. Except for new sources subject to standards
of performance under  subsection (c)  of section 113 of this Act,
the President may exempt  any such property, facility, vehicle,
or vessel of any such agency of the executive branch from such
compliance if he determines it to be in the paramount interest
of the United States to do so. No such exemption shall be granted
due to lack  of appropriation  unless the President shall have spe-
cifically requested such appropriation as a part of the  budgetary
process and the Congress shall have failed to make available such
requested appropriation. Any exemption shall be for a period not
in excess of one year, but additional exemptions may be granted
for periods of not to exceed one year upon the President
                                                       [p. 100]

making a new determination.  The President shall report each
January to the Congress all exemptions from the requirements of
this section  granted during the  preceding calendar year, together
with his reason for granting each such exemption.  Exemptions for
agencies of the legislative or judicial branches shall be by  act of
Congress.
  (b)  The Governor, the attorney general or any citizen of any
State in which any Federal property, facility, or activity is located
may seek to enforce the provision of this section pursuant to sec-
tion 304 of this Act.

    TITLE II—NATIONAL EMISSION STANDARDS ACT
                        SHORT TITLE
  SEC. 201. This title  may  be  cited as the "National Emission
Standards Act."
                ESTABLISHMENT OF STANDARDS
  [SEC. 202. (a) The  Secretary shall  by regulation, giving ap-

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1328               LEGAL  COMPILATION—Am

propriate consideration to technological feasibility and economic
costs, prescribe as soon as practicable standards, applicable to the
emission of any kind of substance,  from any  class or classes of
new motor vehicles or new motor vehicle engines, which  in his
judgment cause or contribute to, or are likely to cause or to con-
tribute to, air pollution  which  endangers the health or welfare
of any persons, and such standards shall apply to such vehicles
or engines whether they are designed as  complete  systems or in-
corporate other devices to prevent or control such pollution.
  [(b)  Any regulations initially prescribed under  this section,
and amendments thereto, with respect to any class of new motor
vehicles or new motor vehicle engines shall become effective  on
the effective date specified in the order promulgating such regula-
tions which date shall be determined by the Secretary after con-
sideration of the period reasonably necessary for  industry com-
pliance.]
  Sec. 202. (a)  Except as provided in  subsection (b) of this
section:
  (1)  The Secretary  shall by  regulation prescribe,  as soon  as
practicable and in accordance with the provisions of this section,
standards applicable to the emission of all known substances of
any kind or description from any class or classes of (A) vessels,
aircraft, commercial vehicles and new noncommercial vehicles,
and  (B) vessel, aircraft, commercial vehicle, and  new non-com-
merciaLvehicle engines, which in his judgment cause or contribute
to, or are likely to cause or to contribute to, air pollution which
endangers the health or  welfare of  any persons. Such standards
shall apply to such vessels, aircraft, vehicles, or engines whether
they are designed as complete systems or incorporate other devices
to prevent or control such pollution.
  (2)  Consistent with the requirements of subsection (b) of this
section, any such standards for the control of emissions from new
vehicles and new vehicle engines shall  be established without re-
gard to the source of power or the propulsion system used to ob-
tain such emission reduction.
  (3)  Regulations or standards  issued by the Secretary under this
title prior to the enactment of this section shall continue in effect
until revised by the Secretary consistent with the purposes of this
Act
                                                        [p. 101]

  (4)  Regulations shall  be published, in  accordance with section

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             STATUTES AND LEGISLATIVE HISTORY         1329

553 of title 5 of the United States Code, in the Federal Register
and interested  persons shall be given an opportunity to submit
written comments thereon. After considering such comments,  the
Secretary shall promulgate  such regulations with such modifica-
tions as he deems appropriate consistent with the purposes of this
section. The Secretary shall from time to time review and,  when
appropriate,  revise  such regulations in  accordance with this
section.
   (5)  Any regulation  promulgated under  this section and  re-
visions thereof shall become  effective on the date or dates specified
in such regulations,  which date or dates shall be  determined by
the Secretary after consideration of the period reasonably neces-
sary from a technical standpoint of  compliance.
   (6)  Prior to publishing any  list or regulation pursuant to this
section  the Secretary  shall, to  the maximum extent practicable
within the time provided, consult with appropriate advisory com-
mittees,  independent  experts   and  Federal  departments  and
agencies.
   (b) (1)  Beginning with model year 1975 or  after January 1,
1975, any new  light duty vehicle or any new  light duty vehicle
engine,  as determined  by the  Secretary, shall  be required,  for
purposes of certification under this Act,  to meet emission stand-
ards established by the Secretary for those air pollution agents
for which emission standards were in effect prior to the date of
enactment of the National  Air Quality Standards Act  of  1970,
which at a minimum,  shall  represent a 90 per centum reduction
from allowable  emissions for 1970, model year vehicles or engines.
   (2) Beginning on the first day of  the fifth year  following pub-
lication of criteria for  air pollution agents for which  no  emission
standards were  in effect prior  to  the date  of enactment of  the
National Air Quality Standards Act of 1970, any new light duty
vehicle or  any  new light duty  vehicle engine,  as  determined by
the Secretary, shall be required, for purposes of certification under
this Act to meet emission standards established by the Secretary
which at a minimum represent a 90 per centum reduction  from
the average of  such pollution  agents as actually measured  from
1970 model year vehicles or engines. The Secretary shall publish
the emission standards required by this paragraph for such pol-
lution agents simultaneously with promulgation of applicable na-
tional ambient air quality standards. The Secretary shall promul-
gate such emission standards  in final form within ninety  days,
unless during such period and after opportunity for comment he

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1330              LEGAL COMPILATION—Am

finds that a departure from such standards is necessary to achieve
and maintain national ambient air quality standards in any air
quality control region.  If the Secretary makes such a finding, he
shall  immediately promulgate  in  final form revised standards
which will achieve and maintain national ambient  air  quality
standards in any air quality control region.
  (3)  Emission standards established by  the Secretary to im-
plement  the requirements  of paragraph (1)  of this  subsection
shall  be  based on measurement techniques which shall be estab-
lished within one hundred and eighty days after enactment of this
subsection and, for paragraph (2), not later than ninety days
after  publication of appropriate criteria.
                                                       [p. 102]

  (4) (A) Within twenty-four  months, but no later than twelve
months before the effective date of any emission standard estab-
lished pursuant to  this subsection, any manufacturer or manu-
facturers may file with the Secretary an application requesting a
suspension of the effective date of such standard  for one year
only. Upon receipt of such application, the Secretary shall prompt-
ly hold a public hearing to enable such manufacturer or manu-
facturers to present information relevant to the implementation
of such  standard. The  Secretary,  in his discretion, may permit
any interested person to intervene to present information relevant
to the implementation of such standards.  The filing  of such an
application under this paragraph  shall not operate as a stay of
such standard.
  (B) In connection with any hearing under this subsection, the
Secretary may sign and issue  subpenas for the attendance and
testimony of witnesses and  the production  of relevant papers,
books, and documents, and he shall administer oaths. Witnesses
summoned shall be paid the same fees  and mileage that are paid
witnesses in the courts of the United States. In case of contumacy
or refusal to obey a subpena served upon any person under this
subparagraph,  the  district court  of the United States  for any
district in which such person  is found or resides or transacts busi-
ness,  upon application by the United States and after notice to
such  person, shall have jurisdiction to issue an order requiring
such person to appear and give testimony before the Secretary or
to appear and produce papers, books,  and documents before the
Secretary, or both, and any failure to obey such order of the court
may be punished by such court as a contempt thereof.

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              STATUTES AND  LEGISLATIVE HISTORY         1331

   (C) Within six months after receipt of the application for such
suspension, the  Secretary shall issue a decision granting  or re-
fusing such suspension. The Secretary shall grant such suspension
only if he determines that (i)  such suspension is essential to the
public interest and the  general welfare of the United States,  (ii)
all good faith efforts have been made to meet  the standards estab-
lished by this subsection, and  (Hi) the applicants have established
by a preponderance of the evidence that effective control tech-
nology, processes, operating methods, or other alternatives are not
available or have not been available for a sufficient period of time
to achieve compliance prior to the effective date of such standards,
even with  the full application of section 309 of this Act.  If  the
Secretary  grants  such suspension, the Secretary  shall,  at   the
same time, promulgate interim  standards for  emissions  which
reflect the  greatest degree of emission control which is achievable
by application of  technology  which the Secretary  determines is
available for  such  vehicle for the  year for which the relief has
been granted.
   (D) Any  decision issued,  or  interim  standard promulgated,
pursuant to this paragraph shall be subject to judicial review by
the United States Court of Appeals for the District of  Columbia
upon the filing in such  court within thirty days from the date of
such decision of a petition by  the manufacturer or manufacturers
or any interested  person  thereby  praying that the  decision be
modified or set aside in whole or in part. A  copy of the petition
shall forthwith  be sent  by registered  or certified mail to  the
Secretary and thereupon the Secretary shall certify and  file in
such court the record upon which
                                                        [p.  103]

the final decision complained of was issued, as provided in section
2112  of title 28, United States Code. The court shall hear such
petition on the record made before  the Secretary. The findings of
the Secretary shall be presumed correct. The court shall affirm a
decision of the Secretary to grant a one-year suspension or reverse
a decision  not to  grant such suspension only after determining
that  (i) such suspension is essential to the public interest and the
general welfare of the United States,  (ii) all good faith efforts
have  been  made to meet the standards established  by  this sub-
section, and (Hi) the applicants have established by a preponder-
ance of the evidence that  effective control technology, processes,
operating methods, or other alternatives are not available or have

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1332              LEGAL COMPILATION—Am

not been available for sufficient period of time to achieve compli-
ance prior to the effective date of such standards, even with the
full application of section 309 of this Act. The judgment of the
court shall be subject to review only by the Supreme Court of the
United  States upon  a writ  of certiorari or certification as pro-
vided in section 1254 of title 28, United States Code.
   (E) The commencement of any proceeding  under  subpara-
graph (D) of this paragraph shall not operate as a stay of any
decision of the Secretary, or any interim standard promulgated by
the Secretary,  unless and  until the court  determines  that the
interests of the public are best served by a stay  of such decision
or interim standard and that there is a  substantial likelihood that
the appellant will prevail on the merits of the matter subject to
review. Proceedings before  the court, as authorized by  this sub-
section, shall take precedence  over all  other causes of action  on
the docket and shall be assigned for hearing and decision at the
earliest practicable date and expedited in every way.
   (F) Nothing in this subsection shall extend the effective date
of any emission standard established pursuant to this subsection
for more than one year.
   (5)  Nothing in this  subsection shall be construed  to prohibit
the Secretary from exercising his authority under subsection (a)
of this section.
   (6)  In the event a new power source or propulsion system for
new vehicles or new vehicle engines is submitted for certification
pursuant to this Act, the Secretary shall determine, prior to certi-
fication,  that such source shall comply  with the  requirements of
this subsection, and shall not cause or contribute  to a violation of
national ambient air quality standards.
   (c)  The Secretary shall,  before publishing  any  regulation or
revisions thereof, pursuant  to subsection (a) of this section, con-
sult with (1) the Federal Aviation Administrator with respect to
aircraft  and aircraft engines in order to assure appropriate con-
sideration of aircraft safety and (2) the Secretary of the depart-
ment in which the Coast Guard is operating with respect to vessels
and  vessel engines in order to insure  appropriate consideration
of vessel safety and  navigation. The Secretary  of Defense may
exempt, for a period of not to exceed one year, military vessels and
aircraft  from the application  thereto  of  such regulations  upon
determining that such exemption is necessary  for the purpose of
national security. He shall notify the Congress  of such exemption.
                                                        [P. 104]

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              STATUTES AND LEGISLATIVE HISTORY          1333

                       PROHIBITED ACTS
   [SEC. 203. (a) The following acts and the causing thereof are
prohibited—
       [(1) in the case of a manufacturer of new motor vehicles
     or new motor vehicle engines for distribution in commerce,
     the manufacture for sale, the sale, or the offering for sale, or
     the introduction or delivery for introduction into commerce,
     or the importation into the United States for sale or resale,
     of any new motor vehicle or new motor vehicle engine, manu-
     factured after the effective date of regulations under this title
     which are applicable  to such vehicle or engine unless  it is
     in conformity  with regulations  prescribed  under this  title
     (except as provided in subsection  (b)) ;
       [(2) for any person to fail or refuse to permit access to
     or copying of records or to fail  to make reports or provide
     information, required under section 207; or
       £(3) for any person to remove or render inoperative any
     device or element of design installed on or in a motor vehicle
     or motor vehicle engine in compliance with regulations under
     this title  prior  to its  sale and delivery  to the ultimate  pur-
     chaser.
   [(b)(l) The Secretary may exempt any new motor vehicle or
new motor vehicle engine, or  class thereof, from subsection  (a),
upon such terms and conditions as he  may find necessary to  pro-
tect the public health or  welfare, for the purpose of research,
investigations, studies, demonstrations, or training, or for reasons
of national security.
   [(2) A new motor vehicle or new motor vehicle engine offered
for importation by a manufacturer in  violation of subsection (a)
shall be refused admission into the United States, but the Secre-
tary of the Treasury and the Secretary of Health, Education, and
Welfare may,  by  joint regulation, provide for deferring final
determination as to admission and authorizing the delivery of such
a motor  vehicle or  engine offered for import to the owner  or
consignee thereof upon such terms and conditions (including the
furnishing of a bond)  as may  appear to them appropriate  to
insure  that any such motor vehicle or engine will be brought into
conformity with the  standards, requirements, and limitations ap-
plicable to it under this title. The Secretary of the Treasury shall,
if a motor vehicle or  engine is finally refused admission under this
paragraph, cause disposition thereof in accordance with the cus-
toms laws unless it  is  exported, under regulations prescribed by

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1334               LEGAL  COMPILATION—Ara

such Secretary, within ninety days of the date of notice of such
refusal or such additional  time as may be permitted pursuant to
such regulations, except that disposition in accordance with the
customs  laws may not  be made  in  such manner as may result,
directly or indirectly, in the sale, to the ultimate consumer, of a
new motor  vehicle or  new  motor vehicle engine  that fails to
comply  with applicable  standards of  the  Secretary of Health,
Education, and Welfare  under this title.
  [(3) A new motor vehicle or new motor vehicle engine intended
solely for export, and so labeled  or tagged on the outside of the
container and on the vehicle or engine  itself, shall not be subject
to the provisions of subsection (a).]
                                                        [p. 105]

  Sec. 203.  (a)  The following acts  and the  causing  thereof are
prohibited—
       (1) (A)  in the case of a manufacturer of new vessels, new
    aircraft,  new  vehicles,  new vessel engines,  new  aircraft
    engines, or new vehicle engines for distribution in commerce,
    to sell or to offer to sell or to  deliver for introduction  into
    commerce any such vessel, aircraft, vehicle, or engine, or  (B)
    in the case of any person, the importation into the United
    States of any such vessel, aircraft, vehicle, or engine,  which
    is manufactured or imported after the effective date of regu-
    lations promulgated under section 202 which are applicable
    to such  vessel, aircraft, vehicle,  or engine, unless it is in
    conformity with such  regulations (except as provided in sub-
    section (b)  of this section) and section 206 of this Act;
       (2) in the case of an owner or operator of a vessel, aircraft,
    or commercial vehicle, or a vessel, or commercial vehicle, or
    aircraft  engine, the  use in commerce of such vessel, aircraft,
    vehicle, or engine after the effective date of such regulations
    which are applicable thereto, unless it is in conformity with
    such regulations (except as provided in subsection  (b) of this
    section)  and section 206 of this Act;
       (3)  for any person to fail or refuse to permit access to, or
    copying  of,  records  or to fail to make reports or provide in-
    formation required  under this title;  or
       (4)  for any person to knowingly remove or render in-
    operative other than for purposes  of maintenance, repair or
    replacement, any device or element of design installed on or
    in any such vessel, aircraft, or vehicle or such vessel, aircraft,

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              STATUTES AND  LEGISLATIVE HISTORY         1335

     or vehicle engine in compliance with such regulations prior
     to  its sale and delivery to  the ultimate purchaser or during
     its term of use, other than  to install a device or system certi-
     fied pursuant to section 211.
  "(b) (1)  The Secretary may exempt any new vessel,  aircraft,
or vehicle,  or new vessel,  aircraft, or vehicle engine, from  the
requirements of  subsection (a)  of this section upon such terms
and conditions as he  may find  necessary, for  the  purpose  of
research, investigations, studies,  demonstrations, or training.
   (2)  A new vessel, aircraft, or vehicle, or a new vessel,  aircraft,
or vehicle engine imported, or  offered for importation, by any
person  in violation of subsection (a)  shall be refused admission
into the United  States. The Secretary of the Treasury  and  the
Secretary may,  by joint regulation, provide for deferring final
determination as to such admission and authorize the delivery of
such a  vessel,  aircraft,  vehicle,  or engine  offered for import to
the owner or operator or consignee  thereof upon such terms and
conditions (including the furnishing of a bond)  as may appear
to them appropriate to  insure that  any  such vessel,  aircraft,
vehicle, or engine will be brought into conformity with the stand-
ard, requirements, and limitations applicable to it  under  this
title. The Secretary of the Treasury shall, if such vessel,  aircraft,
vehicle, or  engine is finally refused admission under this para-
graph, cause disposition thereof in accordance with the  customs
laws unless it is exported, under regulations prescribed by  the
Secretary of the Treasury  within ninety days after  the date  of
notice  of such  refusal or such
                                                        [p. 106]

additional time as may be permitted pursuant to such regulations,
except that disposition  in accordance with the customs laws may
not be  made in such manner as may result, directly, or indirectly,
in the  sale, to the ultimate purchaser, of a new  vessel,  aircraft,
vehicle, or engine that  fails to comply with applicable standards
of the Secretary.

                   INJUNCTION PROCEEDINGS

  SEC. 204.  (a)  The district courts of the United States  shall
have jurisdiction to restrain violations of [paragraph  (1), (2), or
(3) of] section 203 C(a)-3 of this title.
  [(b)] Actions to restrain such violations shall be  brought by
and in the name of the United  States. In any such action, subpenas

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1336               LEGAL  COMPILATION—Ant

for witnesses who are required to attend a  district court in any
district may run into any  other district.
   (6)  // the Secretary determines that any State has adequate
authority to restrain violations of section 203 of this title, he shall
delegate to such State any  such enforcement authority under this
title, except that nothing in this subsection  shall operate  to pro-
hibit the Secretary from also acting at any time to restrain such
violations.

                          PENALTIES

   [SEC. 205. Any person who violates paragraph (1), (2), or (3)
of section 203 (a)  shall be subject to  a fine of not more than
$1,000. Such violation  with respect to sections 203 (a) (1)  and
203 (a) (3)  shall constitute  a separate offense  with respect to
each new motor vehicle or new motor vehicle engine.]
   Sec. 205. Any person who violates section 203 (a) of this  title
shall be  subject, upon conviction, to a  civil  penalty of  not more
than $10,000. Any  such violation of paragraph  (1),  (2)  or (4)
of section 203 (a) of this title shall constitute a separate  offense
with respect to each vessel, aircraft, vehicle, or engine subject to
its requirements.

         CERTIFICATION AND PRODUCTION MODEL TESTING

   [SEC.  206. (a)  Upon  application of  the  manufacturer, the
Secretary  shall test, or require to be tested, in such manner as he
deems appropriate, any new motor vehicle or new motor  vehicle
engine submitted by such manufacturer to determine whether
such vehicle or  engine conforms with the regulations prescribed
under  section 202 of this title. If such vehicle or engine  conforms
to such regulations the Secretary shall issue a certificate of con-
formity, upon such terms,  and for such period not less than one
year, as  he may prescribe.
   [(b) Any new motor vehicle or any  motor  vehicle  engine sold
by such manufacturer which is in all material respects substantial-
ly the  same construction as the test  vehicle  or engine for which
a certificate has been issued under section (a), shall for the pur-
poses of this Act be deemed to be in conformity with the  regula-
tions issued under  section  202 of  this title.]
   Sec. 206.  (a)(l) The Secretary shall  test or  require to be
tested, in such manner as he deems appropriate,  any new vehicle,

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              STATUTES  AND LEGISLATIVE HISTORY         1337

or new vehicle engine, or class thereof, submitted  by a manu-
facturer to determine
                                                        [p. 107]

whether such vehicle, or engine conforms with  the regulations
prescribed under section  202 of this title. If such vehicle, or engine
conforms to such regulations, the Secretary shall issue a certificate
of conformity upon such  terms and conditions, and for such period
as he may prescribe.
   (2)  The Secretary  shall develop and publish  in  the  Federal
Register, after consultation with, as appropriate, the  Secretary of
Transportation,  the Secretary  of the department in which the
Coast Guard is operating, and the Secretary of Defense and other
interested Federal agencies, regulations simultaneously with those
published under section 202 of  this title, in accordance with sec-
tion 553 of title 5 of the United States Code,  concerning the test-
ing of such vessels, aircraft, and such vessel  or aircraft  engines.
Such regulations shall provide, among  other things, such technical
data and other information as shall be required in conducting such
tests. The Secretary shall provide  an opportunity for interested
persons to submit written comments thereon. He shall thereafter
promulgate such regulations with such modifications as he deems
appropriate  and such regulations shall  become  effective  upon
publication.
   (3)  Any  such vehicle or  vehicle engine sold  by such manu-
facturer which is in all  material respects substantially the  same
construction as  the test vehicle or vehicle  engine  for which a
certificate has been issued under paragraph (1) of this subsection
and is in effect, shall for the purposes  of this Act be deemed to be
in conformity with the regulations issued under section 202 of this
title,  except  as  provided in subsection  (b)  of this section and
section 207 of this Act.
   (b) (1) The Secretary shall establish  and inform the manufac-
turers of (1) methods and procedures to be used  in  making tests
under this section; and (2) methods and procedures  to be used in
determining  the relationship of test results to applicable regula-
tions established under section 202.
   (2)  In order to determine whether any new vessels, vehicles,
or aircraft, or new vessel, vehicle, or aircraft engines under  the
control or custody of a  manufacturer conform with the regula-
tions with respect to which a certificate  of conformity was issued
the Secretary is authorized to  test or  require testing of any such

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1338              LEGAL COMPILATION—Ant

vessels, vehicles, aircraft, or engines, or class thereof, while in the
control or custody of the manufacturer.
  (3)  If, based on such test,  the Secretary determines that such
vessels, vehicles, aircraft,  or engines do not  conform with the
regulations with respect to which the certificate of conformity was
issued, he shall notify the manufacturer and he may by notice
suspend or revoke such certificate in whole or in part. Such sus-
pension or revocation shall apply in the case of any new vessels,
vehicles, or aircraft or any new vessel, vehicle, or aircraft engines
manufactured for sale after the date of such notification (or manu-
factured before such date if still in the control or custody of the
manufacturer), and until such  time as the  Secretary finds that
such vessels, vehicles, aircraft,  or  engines manufactured by the
manufacturer conforms to such regulations. If, during any period
of suspension or revocation the Secretary finds that such vessels,
vehicles, aircraft, or engines  or class thereof,  conforms to such
regulations, he shall  by notice reinstate such certificate.
                                                        [p. 108]

  (4) (A)  Within thirty  days of receipt  of notice  of such sus-
pension or revocation under this subsection or denial of a request
for certification under subsection (a), the manufacturer may file
with the Secretary an application for a public  hearing for review
thereof.  Upon receipt of such application,  the  Secretary  shall
promptly hold a hearing to enable  such manufacturer to present
information relating  thereto.  The filing of an  application for re-
view under this paragraph shall not operate  as a stay of such
suspension, revocation, or denial.
  (B)  In connection with any hearing under this subsection, the
Secretary may sign  and issue subpenas for the attendance and
testimony of  witnesses and  the production of relevant  papers,
books,  and documents, and administer oaths.  Witnesses summoned
shall be paid the same fees and mileage that  are paid witnesses in
the courts of the United States. In case of contumacy or refusal to
obey a subpena served upon any person under  this subparagraph,
the district court of the United States for any district in which
such person  is found or resides or transacts  business, upon ap-
plication by  the United States  and after notice to  such  person,
shall have jurisdiction to issue an order requiring such person to
appear and give testimony before the Secretary or to appear and
produce documents before the Secretary, or  both, and any failure

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              STATUTES AND LEGISLATIVE HISTORY         1339

 to obey such order of the court may be punished by such court as
 a contempt thereof.
   (C) Any decision issued by the Secretary under this subsection
 shall be subject to judicial review by the United States court of
 appeals for the circuit in which such manufacturer resides or has
 his principal place of business, or the  United States Court of Ap-
 peals for the District of Columbia, upon the filing in such court
 within thirty days from the date of such decision of a petition by
 any person aggrieved thereby praying that the decision be modi-
 fied or set aside in whole or in part. A copy  of the petition shall
 forthwith be sent by registered or certified mail to the Secretary
 and thereupon the Secretary shall certify and  file in such court the
 record upon which the  final decision complained  of was issued,
 as provided in section 2112 of title 28, United States  Code. The
 court shall hear such  petition on the record made before the Secre-
 tary. The findings of  the Secretary shall be presumed correct. The
 court may affirm,  vacate, or modify any decision of the Secretary
 and, when appropriate,  issue such process as may be  necessary,
 or may remand the proceedings to  the Secretary for such  further
 actions as it may direct. The judgment of the court shall be subject
 to review only by the Supreme Court of the  United States upon
 a writ of certiorari or certification as provided in section 1254 of
 title 28, United States Code.  The  commencement of a proceed-
 ing  under this subparagraph shall not  operate as a stay  of the
 final decision of the  Secretary, unless and until the court deter-
 mines that the interests of the public are best served by a stay
 of such final decision and that there is a substantial likelihood that
 the petition as will prevail  on the merits of the matter  subject
 to review.
  (D) For purposes  of enforcement of this title, authorized rep-
 resentatives of the Secretary, upon presenting appropriate cre-
 dentials to the manufacturer,  his agent in  charge,  or dealer are
 authorized (i) to enter,  at  reasonable time,  any factory, ware-
 house, establishment, or other facility of such manufacturer or
 dealer, in or at which such vessels, vehicles,  aircraft, or engines
 are manufactured, assembled,
                                                        [p. 109]

 or constructed, or are held for introduction into commerce  or are
 held for sale or resale after such introduction; and  (ii) to inspect,
 at reasonable times and in  a reasonable manner, such factory,
warehouse, establishment, or other facility and the vessels, air-

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1340              LEGAL COMPILATION—Am

craft, and engines therein. Each such inspection shall  be  com-
menced and completed with reasonable promptness.
  (F)  Every manufacturer  of such vessel, vehicle,  aircraft, or
engine shall furnish to the dealer or, if appropriate, to the ultimate
purchaser at the time of delivery thereof by such manufacturer a
certification that such vessel, vehicle, aircraft, or engine conforms
to all applicable standards issued under this title. Such certifica-
tion shall be in such forms as  to be clearly visible and  shall be
permanently affixed thereto.
  (c) With respect to vessels and vessel engines,  the  testing,
certification, and related actions required by this section  shall be
conducted by the Secretary of the department in which the Coast
Guard is operating pursuant to laws administered by  him.  With
respect  to aircraft and aircraft engines, the testing, certification,
and related actions required by this section shall be conducted by
the Secretary of Transportation pursuant to the Federal Aviation
Act of 1958, as amended. With respect to vessels and aircraft and
the engines thereof being manufactured for the Department of
Defense, that Department shall conduct the testing, certification,
and related actions required by this section.

        Vehicle and Vehicle Engine Compliance  Testing
  Sec. 207. (a) Every manufacturer  of  a new  vehicle or  new
vehicle  engine, or both, subject to  the regulations issued  under
section 202 of this title, shall, prior to the delivery thereof  to the
dealer, or if appropriate, the ultimate purchaser, test or  cause to
be  tested such vehicles  or engines in accordance with  good engi-
neering practices  and such regulations as the Secretary may pre-
scribe under this section, to ascertain that such vehicles or engines
will conform to the applicable certificate issued under this title for
the lifetime  emissions of such vehicle or  engine. No certificate
shall be issued for such vehicles or engines under this title unless
the manufacturer has such a  testing program.
  (b)  The Secretary shall establish methods and procedures for
making tests under this section  and inform  the manufacturers
with  respect  thereto by regulation promulgated  in accordance
with section 553 of title 5 of the United States Code. Such regula-
tions adopted by the Secretary prior to enactment of the National
Air Quality Standards  Act of 1970 shall  continue in force until
modified by him consistent with the purposes of this section.
   (c)  Every new  vehicle or new vehicle engine introduced in com-
merce for sale or resale shall be warranted by the manufacturer to

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             STATUTES AND LEGISLATIVE  HISTORY          1341

be designed, built, and equipped so as to conform with applicable
regulations issued under this title, and shall further be warranted
to remain in conformity with such regulations for the lifetime of
such vehicles  or engines  if properly maintained, serviced, and
operated. Operation for fifty thousand miles shall be taken as the
basis for the lifetime of a vehicle engine under this section.
  As a condition to the  obligation of manufacturers to correct de-
ficient performance, manufacturers may require the ultimate pur-
chaser and subsequent purchasers of such vehicles or engines (a)
to provide
                                                       [p. 110]

reasonable evidence of  the time when such  vehicles  or engines
were first placed in regular service and (b) to provide reasonable
evidence that 'prescribed  maintenance, adjustment,  and service
requirements and schedules have been observed. The manufacturer
shall furnish  with each vehicle or engine written  instructions
for the proper maintenance, adjustment,  operation, and service
by the owner or operator. Such warranty shall apply to the vehicle
on behalf of the ultimate  purchaser and  subsequent  purchasers
thereof. In addition, the manufacturer shall include on a label or
tag permanently affixed to such vehicle or engine such information
relating to control of vehicle emissions and compliance with this
Act  as  the  Secretary shall prescribe by regulation.  The actual
cost to the manufacturer of such systems or devices and installa-
tion thereof and warranty shall  be disclosed in accordance  with
the provision of the Act of July  7, 1958 (15 U.S.C. 1231-1233).
  (d) (1)  The  Secretary shall conduct, or cause to be conducted,
such inspections, tests, studies,  research, and investigations  as
may be necessary to determine whether any  class of  vehicles  or
engines continue to conform to  the regulations prescribed under
section 202 of this Act after such vehicles or engines have been in
operation for such period or number of miles as the Secretary may
deem appropriate. Any such inspection of a vehicle or engine, after
its sale to the ultimate purchaser, shall be made only if the owner
of such vehicle  or engine voluntarily permits such inspection  to be
made, except as may be provided by any State or local inspection
program.
   (2) If through testing, inspection, studies, or other investiga-
tion of statistically representative samples of any class or category
of vehicles or vehicle engines, or by other means, the Secretary
determines that  such class or category  of vehicles or engines,
    526-703 O - 73 - 12

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1342              LEGAL COMPILATION—AIR

operated under proper maintenance and  use, do not conform to
the regulations prescribed under section  202 of  this Act, or the
certification issued under this title, he shall immediately notify
the manufacturer thereof of such determination of nonconformity.
The Secretary shall  publish  such notice and,  with  reasonable
specificity, information  concerning his  determination  of  noncon-
formity in the Federal Register  as promptly  as  possible. The
Secretary shall within thirty days after such notice is issued afford
the manufacturer and other interested persons an opportunity to
present their views and evidence  in support thereof at a public
hearing or in writing, with regard to such determination of non-
conformity. The Secretary  shall,  within  a reasonable time, but
in no event more than sixty days from  the date of notice of non-
conformity, order the manufacturer to provide prompt notification
of such nonconformity to the ultimate  purchaser and, if known,
subsequent purchasers of all such vehicles or vehicle  engines in-
cluded within the  class or category unless the Secretary, on the
basis of all the  facts and evidence in the public record  of such
proceedings, shall  conclude  that the class or category  of  vehicles
or engines is in conformity with the regulation  and certification
and publish such conclusion together with the reasons  therefor in
the Federal Register as promptly as possible.
   (e) (1) Every manufacturer  of vehicles  or engines  subject to
the provisions of  this section shall furnish notification  of any
defect in  such vehicle or  engine produced by him, which he dis-
covers during
                                                        [p. HI]

the term of any warranty required by this  title,  and which he
determines, in good faith,  causes  or will cause such  vehicle or
engine to be in  nonconformity with such certification  or regula-
tions, to the ultimate purchaser or subsequent purchaser thereof
(where known to the manufacturer) within a reasonable  time not
to exceed sixty days after discovery of  such defect.

   (2)  The notification required by this section shall be—
       (A) by any expeditious process, which, for those purchas-
     ers  who  do not initially respond must include  notice  by
     certified mail to  the last-known address of the ultimate pur-
     chaser of such vehicle or engine, and to any subsequent pur-
     chasers, if known, to whom has been transferred any warranty
     required by this  title;

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              STATUTES AND LEGISLATIVE  HISTORY         1343

       (B)  by certified  mail to the dealer of such vehicle  or
     engine; and
       (C)  by such other expeditious and reasonable means  of
     informing purchasers thereof not known to the manufacturer.
   (3)  The notification to  such purchasers provided for in this
subsection shall contain a clear description of the  nonconformity,
a statement of measures to be taken to remedy such nonconform-
ity, and a commitment of the manufacturer to cause such noncon-
formity to be  remedied at no cost to the owner.
   (4)  The  manufacturer  shall furnish,  at  the Secretary's  re-
quest, copies of such notification to him.
   (/)  The United States district court shall have jurisdiction to
restrain  violations of this  section or  any order of the Secretary
issued under this section.

     [FEDERAL ASSISTANCE IN DEVELOPING VEHICLE INSPECTION
                          PROGRAMS

   [SEC. 209. The Secretary is  authorized  to make grants to ap-
propriate State air pollution control agencies in an amount up to
two-thirds of  the cost of developing  meaningful uniform motor
vehicle emission device inspection and emission testing programs
except that  (1) no grant shall be made for any part of any State
vehicle inspection program which does  not directly  relate to the
cost of the air pollution control aspects of such a program; and
(2) no such grant shall be made unless the Secretary of Transpor-
tation  has certified to the Secretary  that such program is con-
sistent with any highway safety  program  developed pursuant  to
section 402 of title 23 of the United States Code.]

                        State Grants
  Sec. 208.  (a) The Secretary is authorized  to make  grants  to
appropriate  State agencies in an  amount up to two-thirds of the
cost of developing and maintaining effective vehicle emission de-
vices and systems inspection and emission testing and control pro-
grams, except that—
       (1) no grant shall be made for any  part of any  State
    vehicle inspection program which does not directly relate  to
     the cost of the air pollution control aspects of such a program;
    and
                                                       [p. 112]

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1344              LEGAL COMPILATION—Am

       (2)  no such grant shall be made unless the Secretary of
    Transportation has certified  to the Secretary that such pro-
    gram is consistent with any highway safety  program de-
    veloped pursuant  to  section 402  of  title  23 of the United
    States Code.
  (b)  Such grants shall be in addition to, and shall not supplant,
existing funding programs of a State for air pollution control.

                     RECORDS AND REPORTS
  [SEC. 207. (a) Every manufacturer shall establish and main-
tain such records,  make such reports, and provide  such informa-
tion as the  Secretary  may reasonably require to enable him to
determine whether such manufacturer has  acted or is acting in
compliance with this title and regulations thereunder and  shall,
upon  request of an  officer or employee duly designated by the
Secretary, permit  such officer or employee at reasonable  times
to have access to and copy  such records.
  [(b) All  information reported or otherwise  obtained by the
Secretary or his representative pursuant to subsection (a), which
information contains or relates to a trade secret or other matter
referred to in section 1905 of title 18 of the United States  Code,
shall  be considered confidential for  the purpose of such section
1905,  except that such  information may be disclosed to other offi-
cers or employees  concerned  with carrying out this Act or  when
relevant in any proceeding under this Act. Nothing in this sec-
tion shall  authorize the withholding  of information by the Secre-
tary or any officer or employee under his control,  from the duly
authorized committees of  the Congress.]
  Sec. 209. (a) Every  manufacturer of a  vessel,  vehicle, aircraft,
or vessel,  vehicle,  or aircraft engine subject to the provisions of
this title shall establish and maintain such records,  make such re-
ports, perform such tests, and provide such information as the
Secretary may reasonably require  to enable  him  to  determine
whether such manufacturer has acted  or  is acting  in compliance
with  this  title and regulations thereunder, and shall, upon re-
quest of an authorized representative of the  Secretary, permit
such  officer or employee  at  reasonable times  to have access  to
and copy such records.
  (b)  Except for emission data,  upon a showing satisfactory  to
the Secretary by the person  filing such records and reports that
such records or reports or portion thereof, if made public, would

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              STATUTES AND LEGISLATIVE HISTORY         1345

 divulge trade secrets or secret processes of such person, the Sec-
 retary shall consider such records or reports or portion thereof
 confidential in accordance with the purposes of section 1905 of title
 18 of the United States Code, except that suah records or reports
 may be disclosed to other officers or employees concerned with
 carrying out this Act  or when relevant in any proceeding under
 this Act

                       STATE STANDARDS

   SEC. 208.  (a)  No State or any political  subdivision  thereof
 shall  adopt or attempt to enforce any  standard relating to the
 control of emissions from [new motor vehicles or new motor vehicle
 engines subject to this title] commercial vehicles, new  noncom-
 mercial vehicles, vessels, aircraft, or commercial vehicle, new non-
 commercial ve-
                                                        to- 113]

 hide, vessel, or  aircraft engines subject to this title,  or to control
 or prohibit for the purpose of emission control, the sale or use of
 any fuel or fuels which are registered in accordance  with section
 212(a) of this Act, except where such State  demonstrates, after
 public hearings, to the satisfaction  of  the Secretary that more
 restrictive emissions for vehicles  or  engines  are required to im-
 plement national ambient air quality standards for any air quality
 control region within such State. Except to implement such more
 restrictive standards, no State shall  require certification, inspec-
 tion, or any other approval  relating to the control  of emissions
 from any commercial vehicle, new noncommercial vehicle, vessel,
 or aircrafe or commercial  vehicle, new noncommercial  vehicle,
 vessel, or aircraft engine as condition precedent to the initial
 retail sale to an ultimate purchaser,  titling (if any), or registra-
 tion of such vehicle, vessel, aircraft,  or engine.
   (b) The Secretary shall, after notice and opportunity for public
hearing,  waive  application  of this section to  any  State which
has adopted standards  (other than crankcase emission standards)
for the control  of emissions from new motor vehicles  or new
motor  vehicle engines prior  to  March 30, 1966, unless he finds
that such State  does not require standards more stringent  than
 applicable Federal standards to meet compelling and  extraordi-
nary conditions  or that such State standards and  accompanying
enforcement procedures are  not consistent with section  202 (a)
of this title.

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1346               LEGAL COMPILATION—Am

  (c) Nothing in this title shall preclude  or deny to any State
or political subdivision  thereof  the right  otherwise to control,
regulate, or restrict the use,  operation, or movement of [regis-
tered or licensed motor vehicles.] any aircraft, vessels, or regis-
tered or licensed vehicles, particularly such controls, regulations,
or restrictions necessary  to  achieve  compliance  with  national
ambient air quality standards and  national  ambient air quality
goals established pursuant to title I of this Act.

                        Used Vehicles
  Sec. 211. (a)(l) As soon as possible, after the enactment  of
this  section, the Secretary shall promulgate Federal standards
of performance for emission control devices or systems designed
to prevent  or  reduce air  pollution  emissions from used  motor
vehicles.
  (2) As soon  as possible after promulgation of the standards
required in paragraph (1), the Secretary shall develop and publish
in the Federal  Register, in accordance with section 553 of title 5
of the United States  Code, regulations providing for certification
and  warranty of such devices or systems. Such regulations shall
consider the technical feasibility of  installing and maintaining
in proper condition such devices or systems  or used vehicles  or
engines or classes thereof. The Secretary shall afford a reasonable
opportunity for interested persons  to submit written comments
thereon and, after consideration thereof, shall promulgate such
regulations which shall become effective upon promulgation.
   (b) (1) No manufacturer of a device for  application on used
vehicles shall sell,  offer for sale, or introduce or  deliver for in-
troduction in  interstate commerce, or import  into  the United
States for  sale or resale, any  such device manufactured after the
effective date of  the
                                                        [p. 114]

standards  and  regulations promulgated under this section unless
such device is in all material respects substantially the same as a
test  device certified under this subsection.
  (2) Upon application of the manufacturer,  the Secretary shall
so certify  a used vehicle device if  he determines,  in accordance
with the provisions of this paragraph, that  it meets  the appro-
priate standards and regulations promulgated under this section.
The Secretary  shall test or require such testing of the device  as
to standards of performance and for such other purposes as may

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             STATUTES AND  LEGISLATIVE HISTORY         1347

be appropriate. If the Secretary  determines that the device is
satisfactory after consideration of the design, installation,  opera-
tion, reliability, material,  or  other appropriate factors, he shall
certify the device. Any device manufactured by such manufacturer
which is in all material respects  substantially  the same as  the
certified test device shall be deemed to be in  conformity with the
appropriate  standards and regulations established  under  this
section.
  (c) After the effective date of standards and regulations promul-
gated under this section, it shall be unlawful—
      (1) for  the manufacturer  of any device subject to such
    standards  and regulations to sett or offer for sale, or to distrib-
    ute for sale any such  device unless it is in all material re-
    spects substantially the same as the appropriate test  device
    certified pursuant to this section; or
      (2) for any person, prior to  the  sale or delivery of a  device
    subject  to  such  standards and regulations  to the  ultimate
    purchaser, wrongfully to  remove or render inoperative any
    certified device or element of design of such device; or
      (3) for any person to fail or refuse to permit access to or
    copying of records or to fail to  make reports or provide
    information required under this section.
  (d)  The  district courts of the United States  shall  have juris-
diction  to  restrain  violators  of  subsection  (c) of this section.
Actions to restrain  such violators shall be brought  by, and in,
the name of the United States. In any such action, subpenas  for
witnesses who  are required to attend a district court in any dis-
trict may run  into any other district. In case  of contumacy or
refusal  to  obey a subpoena served upon  any person under this
subsection, the district court of the United  States for  any dis-
trict in which  such person  is found or resides or transacts busi-
ness, upon application  by  the United  States  and after notice to
such person, shall have jiirisdiction to issue an order  requiring
such person to appear  and  give testimony or to appear  and pro-
duce documents, and any failure to obey such order of the court
may be punished by such court as a contempt thereof.
  (e) Any  person who violates clause  (2) of subsection (c) of
this section shall  be  liable to a civil  penalty of not more than
$1,000 for  each violation.  Each   violation shall  be  a  separate
offense. No penalty shall be assessed until the person charged shall
have been given  notice and  an  opportunity for a  hearing  on
such charge. In determining  the  amount  of  the penalty, or  the

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1348              LEGAL COMPILATION—Am

amount agreed upon in compromise, the gravity of the violation,
and the demonstrated good faith of the person charged in at-
tempting  to  achieve  rapid compliance,  after  notification of a
violation, shall be considered by said Secretary.
                                                       [p. 115]

                [REGISTRATION OF FUEL ADDITIVES

  [Sec. 210.  (a) The Secretary may by  regulation designate any
fuel or fuels  (including fuels used for purposes  other than motor
vehicles), and after such date or dates as may be prescribed by
him, no manufacturer or processor of any such fuel may deliver
any such fuel  for  introduction  into interstate commerce  or  to
another person  who,  it can reasonably be expected,  will deliver
such fuel  for such introduction  unless the manufacturer of such
fuel has provided the Secretary with the information required
under subsection (b)  (1)  of this section and unless any additive
contained in  such fuel has been registered with the Secretary in
accordance with subsection (b) (2) of this section.
  [(b) For the purposes of this section the Secretary shall require
(1) the manufacturer of such fuel to notify him  as  to the com-
mercial identifying name and manufacturer of  any additive con-
tained in  such  fuel; the range of concentration of such additive
or additives in the  fuel; and  the purpose in the use of such ad-
ditive; and (2)  the manufacturer of any such additive to notify
him as to the chemical composition of such additive  or additives
as indicated  by compliance  with clause (1)  above, the recom-
mended range of concentration of such additive,  if any, the recom-
mended purpose in the use of such additive, and to the extent such
information  is  available or becomes  available,  the  chemical
structure  of  such additive  or additives. Upon compliance with
clauses  (1) and (2), including assurances that  any  change  in
the above information will be provided to the Secretary, the Sec-
retary shall register such fuel additive.
  [(c) All information reported or otherwise obtained by the Sec-
retary or  his representative pursuant to subsection  (b), which in-
formation contains or relates to  a trade secret or other matter re-
ferred to in  section 1905 of title 18 of  the United States  Code,
shall be considered confidential for the  purpose of such section
1905, except that such information may be disclosed to other offi-
cers or employees of  the United States  concerned  with carrying
out this Act or when  relevant in any proceeding under this title.

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              STATUTES AND  LEGISLATIVE HISTORY         1349

Nothing in this section shall authorize the withholding of informa-
tion by the Secretary or any officer or employee under his control,
from the duly authorized committees of the Congress.
  [(d) Any person who violates subsection  (a) shall forfeit and
pay to the United States a civil penalty of  $1,000 for each and
every day of the continuance of such violation, which shall accrue
to the United States and be recovered in a civil suit in the name of
the United States, brought in the district  where such  person
has his principal office or in any district in which he does business.
The Secretary may,  upon application therefor, remit or mitigate
any forfeiture provided for in this subsection, and he shall have
authority to determine the facts upon all such applications.
  Q(e) It shall be the duty of the various United States attorneys,
under the direction of the Attorney General of the United  States,
to prosecute for the recovery of such forfeitures.]

                      Regulation of Fuels

  Sec. 212. (a)  The Secretary may by regulation designate any
fuel or fuels for use in vehicles and engines  and,  after such date
or dates as may be prescribed by him, no manufacturer or proces-
sor of any
                                                        [p. 116]

such fuel may introduce such fuel into commerce unless the Sec-
retary has registered such fuel in accordance with subsection (b)
of this section.
  (b) (1) For the purpose of registration of fuels, the Secretary
shall require—
       (A)  the manufacturer of such fuel to notify him as to the
    commercial identifying name and manufacturer of any addi-
    tive contained in such fuel; the  range of concentration of
    such additive or additives in the fuel; and the purpose-in-use
    of such additives; and
       (B) the manufacturer of any such additive to notify  him
    as to the  chemical composition  of such additive or  additives
    as indicated by compliance with clause (A) of this paragraph,
    the description of any  analytical technique that can be used
    to detect and measure such additive in fuel, the recommended
    range  of concentration of such additive, and the recommended
    purpose-in-use of such additive, and the chemical structure of
    such additive or additives.
  (2)  The Secretary shall issue  test procedures and protocols to

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1350               LEGAL  COMPILATION—AIR

determine potential public health effects, including, but not lim-
ited to, carcinogenic,  teratogenic, or mutagenic effects, and may
require that manufacturers of fuels and additives submitted for
registration to conduct tests consistent with such procedures and
protocols. The results  of such tests  shall not be considered confi-
dential.
   (3)  The Secretary may also require the manufacturer  of any
fuel or fuel additive to furnish such information as is reasonable
and necessary to determine the  emissions resulting from the use
of the fuel or additive contained in such fuel, the effect of such fuel
on the emission control performance of any vehicle or vehicle en-
gine, or the extent to which such emissions affect the public health,
   (4)  Upon  compliance with the provision of this  subsection,
including assurances that the Secretary will receive changes in the
information required, the Secretary  shall register such fuel.
   (c) (1) The Secretary may from  time to  time  on the basis of
information obtained under subsection (b) of this section or other
information available  to  him, by regulation control or prohibit
the introduction into  commerce  of  any fuel or fuels  for use in
vehicle engines if the  combustion or  evaporation of such fuel pro-
duces emissions which endanger the public health or welfare, or
if such emissions prevent  operation of effective systems for the
control of emissions from any vehicle or vehicle engine which the
Secretary finds  would  otherwise  conform to standards promul-
gated pursuant to section 202 of this Act.
   (2)  Except for fuels the combustion or evaporation of which
produce emissions that endanger the public health, the Secretary
shall,  after public hearings and prior to controlling or prohibiting
the introduction into commerce of any fuel, find and publish such
finding  that control or prohibition of such fuel is necessary for
the achievement of an effective  program of emission control to
meet the standards established by section 202(b) of this Act or
that such control or prohibition is  necessary to achieve  an eco-
nomic alternative in emissions control over the lifetime of the ve-
hicle as established in section 207 of  this Act, or that such control
or prohibition is necessary for  the  effective use  of an emission
control device certified pursuant to  section 211
                                                       [p. 117]

of this  Act, or  that such  control or prohibition is necessary to
protect the general welfare.
   (3)  The Secretary  shall not prohibit the use of any fuel unless

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             STATUTES  AND LEGISLATIVE HISTORY          1351

he finds, and publishes such finding,  that such prohibition would
not cause the use of any other fuel which will produce emissions
which will endanger the public health or welfare to the same or
greater degree.
   (4)  In obtaining information under this subsection the Secre-
tary may sign  and issue subpenas for the deposition of relevant
persons and the production of relevant records, reports, and docu-
ments, and administer oaths. In case of contumacy  or refusal to
tary may sign  and issue subpoenas for the deposition of relevant
obey a subpoena served  upon any person under this paragraph,
the district court of the United States for any district in which
such person is  found or resides  or transacts business, upon appli-
cation by the United States and after notice to such person,  shall
have jurisdiction to issue an order requiring such a  person to ap-
pear and give  testimony before the Secretary or to appear and
produce documents before the Secretary, or both, and any failure
to obey such order of the court may be punished by  such court as
a contempt thereof. Upon a showing satisfactory to  the Secretary
by the person filing or submitting such information  that such in-
formation or portion thereof, if made public, would  divulge trade
secrets or secret processes of such  person, the Secretary shall con-
sider such information or portion thereof confidential for the pur-
poses of section 1905 of title 18 of the United States Code, except
that such information may be disclosed to other officers or em-
ployees of the United States concerned with carrying out this Act
or when relevant in any proceeding under this title. The Secretary
shall make available any such information which is not so con-
sidered confidential and which will contribute to scientific or public
understanding of the relationship between the components of such
fuels and their  contribution to the problem of air pollution.
   (d)  Any person who violates  subsection (a)  or  (b) of this sec-
tion shall forfeit and pay to the United  States a civil penalty of
$10,000 for each and every  day of the continuance of such viola-
tion, which shall accrue to  the  United States and be recovered in
a civil suit in the name of the United States, brought in the district
where  such  person has his principal office or  in  any district in
which  he does business.  The  Secretary may, upon application
therefor, remit or mitigate any forfeiture provided for in this
subsection and  he shall have authority to determine the fact upon
all such applications.
  (e) Regulations issued under this section and section 211  shall
be published in the Federal Register, in accordance with section

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1352              LEGAL COMPILATION—AIR

553 of title 5 of the United States Code, and shall afford interested
persons a reasonable period to submit written comments thereon.

            [NATIONAL EMISSIONS STANDARDS STUDY

  [SEC. 211. (a) The Secretary shall submit to the Congress, no
later than two years after the effective date of this section, a com-
prehensive report on the need for and effect of national  emission
standards for stationary sources. Such report shall include:  (A)
information regarding identifiable health and welfare effects from
single emission  sources; (B) examples  of  specific plants, their
location, and the con-
                                                       [p. 118]

taminant or contaminants which, due to the amount or  nature
of emissions from such  facilities, constitute  a danger to  public
health or welfare; (C) an  up-to-date list of those industries and
the contaminant or contaminants which,  in his opinion, should be
subject to such  national  standards;  (D)  the relationship of such
national emission standards to  ambient air quality,  including a
comparison of situations wherein several plants emit the same
contaminants in an air region with those in which only  one such
plant exists; (E) an analysis of the cost of applying such stand-
ards; and (F) such  other information as may be appropriate.
  [(b)  The Secretary shall conduct a full and complete investiga-
tion and study of the feasibility and practicability of controlling
emissions from jet and piston aircraft engines and of  establishing
national emission standards with  respect thereto,  and report to
Congress the results of such study and  investigation within one
year from the date of enactment of the Air Quality Act of 1967,
together with his recommendations.]

            Development of Low-Emission  Vehicles
  Sec. 213. In order to encourage research and  promote the de-
velopment of low-emission vehicles the Secretary is authorized to—
       (1) prescribe special low-emission standards for any class
     or classes of vehicles or engines not subject to section 202(e);
       (2) provide testing  procedures  to determine  if vehicles
     and engines meet such  standards; and
       (3) certify vehicles or engines meeting such standards as
     low-emission vehicles or engines for the purpose of this sec-
     tion.

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             STATUTES AND LEGISLATIVE HISTORY         1353

                  [DEFINITIONS FOR  TITLE  II

  [SEC. 212. As used in this title—
  [(1) The term 'manufacturer' as used in sections 203, 206, 207,
and 208 means any person engaged in the manufacturing or as-
sembling of new motor vehicles or new motor vehicle engines, or
importing such vehicles or engines for resale, or who acts for and
is under the control of any such person in connection with the dis-
tribution of new motor vehicles or new motor vehicle engines, but
shall not include any dealer with respect to new motor vehicles or
new motor vehicle engines received by him in commerce.
  [(2) The term 'motor vehicle' means any self-propelled vehicle
designed for transporting persons or property on a street or high-
way.
  [(3)  The term 'new motor vehicle' means a motor vehicle the
equitable or legal title  to which has never been transferred to an
ultimate purchaser; and  the term  'new motor vehicle  engine'
means an engine in a new motor vehicle or a motor vehicle  engine
the equitable or legal  title to which  has never been  transferred
to the ultimate purchaser.
  [(4) The term 'dealer' means any person who is engaged in the
sale or the distribution of new motor  vehicles or new  motor vehi-
cle engines to the ultimate purchaser.
  [(5) The term 'ultimate purchaser' means, with respect  to any
new motor vehicle or new motor vehicle engine,  the  first person
who in good  faith purchases such new motor vehicle or new en-
gine for purposes other than resale.
                                                       [p. 119]

  [(6)  The term 'commerce'  means  (A)  commerce between any
place in  any  State and any place outside thereof; and  (B) com-
merce wholly within the District of Columbia.]

                          Definition

  Sec. 214. For the purpose of this title, the term—
       (1)  "vessel"  means every  description of self-propelled
    watercraft or other artificial contrivance used, or capable of
     being used, as a means of commercial transportation in water;
       (2)  "vessel engine" means an engine used for the propul-
    sion of a vessel and located either therein or separated there-
    from,  but is intended for  such use, and  includes all parts, ap-
    purtenances, and accessories thereof;

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1354               LEGAL COMPILATION—AIR

       (3)  "aircraft" means any contrivance now known or here-
    inafter invented, used, or designed for navigation of, or flight
    in, the air;
       (4)  "aircraft engine" means an engine used, or intended
    to  be  used,  for propulsion of aircraft  and located  either
    therein or separated therefrom, but is intended for such use
    and includes all parts, appurtenances, and accessories thereof;
       (5)  "vehicle" means any self-propelled vehicle designed
    for transporting persons or property on a road, street, park-
    way, or highway or on rails, or for agricultural use;
       (6)  "vehicle engine" means an engine used for the propul-
    sion of a vehicle or motor vehicle and located therein or sep~
    arated therefrom, but is intended for such use, and includes
    all parts:, appurtenances, and accessories thereof;
       (7)  "new" when applied to a vessel, aircraft, or vehicle, or
    vessel, aircraft, or vehicle  engine  means  that the equitable
    or legal title thereto has  not, under applicable  law, been
    transferred to an ultimate purchaser, except that,  with  re-
    spect to vessels, aircraft, or vehicles, or vessels, aircraft, or
    vehicle engines imported or offered for importation, such term
    shall mean a vessel,  aircraft, or vehicle, or  vessel,  aircraft,
    or vehicle engine imported into  the United States on or after
    the day following the date of enactment of this paragraph;
       (8)  "ultimate purchaser" means  the first person who in
    good faith purchases a new vessel, aircraft,  or vehicle, or a
    new vessel, aircraft, or vehicle engine for purposes other than
    resale;
       (9)  "commercial" means any business activity of any kind
    or description by any person engaged in trade or  commerce;
       (10) "manufacturer" means, except in section 212,  any
    person engaged in the manufacturing or assembling of new
    vessels, aircraft, or vehicles, or new vessel,  aircraft, or  ve-
    hile engines, or importing such vessels, aircraft, vehicles, or
    engines for resale, or who acts for, and is under the control of,
    any such person in connection  with the distribution of such
    vessels, aircraft, vehicles,  or engines, but shall not include
    any dealer;
       (11) "owner or operator" means  any  person  who owns,
    leases, operates, controls, or supervises a vessel, aircraft, or
    vehicle or engine thereof;
                                                        [p. 120]

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             STATUTES AND LEGISLATIVE HISTORY         1355

      (12)  "commerce" means  trade, traffic, commerce, trans-
    portation, or communication among the several States, or be-
    tween a place in a State  and any place outside thereof, or
    within the District of Columbia or a possession of the United
    States, or between  points in the same State but through a
    point outside thereof;
      (18)  "dealer" means any person who is engaged in  the
    sale or the distribution of new vehicles or new vehicle engines
    to the ultimate purchaser.

                        Applicability

      Sec. 215. The amendments made by sections 206(b)(4.)(F),
    207(c), 207(d), and 207(e) shall apply in the  case  of vehi-
    cles and vehicle engines manufactured after the ninetieth day
    after the enactment of this section.


                  TITLE III—GENERAL

                       ADMINISTRATION

  SEC. 301.  (a) The Secretary  is authorized to prescribe such
regulations as are necessary to carry out his functions under this
Act. The Secretary may delegate to any officer or employee of the
Department of Health, Education, and Welfare such of his powers
and duties under this Act, except the making of regulations, as
he may deem necessary or expedient.
   (b) Upon the request  of an air pollution control agency, person-
nel of the Public Health Service may be detailed to such agency
for the  purpose of carrying out the provisions of this Act. The
provisions of section 214(d)  of  the  Public Health  Service Act
shall be applicable with respect to  any personnel so detailed to
the same extent as if such personnel had been detailed under sec-
tion 214 (b)  of that Act.
   (c) Payments under grants made under this Act may be made
in installments, and in advance or by way of reimbursement, as
may be determined by the Secretary.
   (d) Contracts made under this Act may  be made without re-
gard to the  civil service laws and the Classification Act  of 1949,
as amended, 5  U.S.C. 5101, et seq. as they relate to the procure-
ment of personal services.

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1356               LEGAL COMPILATION—AIR

                         DEFINITIONS

  SBC. 302. When used in this Act^-
  (a)  The term "Secretary"  means the Secretary  of Health,
Education, and Welfare.
  (b)  The term "air pollution control agency" means any of the
following:
       (1) A single State agency designated by the Governor of
    that State as the official State air pollution control agency for
    purposes of this Act;
       (2) An agency established by two or more States and hav-
    ing substantial powers or duties pertaining to the prevention
    and control of air pollution;
                                                       tP-121]

       (3) A city, county, or other local government health au-
    thority, or, in the case of any city, county, or other local gov-
    ernment in which there is an agency other than the health
    authority charged with responsibility  for  enforcing  ordi-
    nances or laws relating to the prevention and control of air
    pollution, such other agency; or
       (4) An  agency of two or more municipalities located in
    the same State or in different States and having substantial
    powers or duties pertaining  to the prevention and control of
    air pollution.
  (c)  The term "interstate air pollution control agency" means—
       (1) an air pollution control agency established by two or
    more States, or
       (2) an air pollution control agency of two or more munici-
    palities located in different States.
  (d)  The term "State" means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
American Samoa.
  (e)  The term "person"  includes  an individual,  corporation,
partnership, association,  State, municipality, and political  sub-
division of a State.
  (f)  The term "municipality"   means a  city,  town,  borough,
county, parish, district, or other public body created by or pur-
suant to  State law.
  (g)  All language referring to  adverse  effects on welfare  shall
include but not be limited to injury to agricultural crops and live-
stock,  damage to and the deterioration of property, and hazards
to transportation.

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             STATUTES AND LEGISLATIVE HISTORY         1357

                      Emergency Powers

  Sec. 303. Notwithstanding any other provision  of this Act, the
Secretary, upon receipt of evidence that a  pollution source or
combination of sources (including moving sources) is presenting
an imminent and substantial endangerment to the health of per-
sons, and that appropriate  State  or local authorities  have not
acted to abate such sources, may bring suit on  behalf of the United
States in the appropriate  United States district  court  to imme-
diately restrain any person causing or contributing to the alleged
pollution to  stop the emission of air pollution agents or combina-
tion of such agents causing or contributing to such pollution or  to
take such other action as may be necessary.

                         Citizen Suits
  Sec. 304-  (a) (1) In furtherance of the purposes of this Act  to
protect the  public  health and welfare  and control air  pollution,
the district  courts of the  United States  shall  have original juris-
diction, regardless of the amount in controversy or the citizenship
of the parties,  to  enforce, or to require the enforcement of, any
applicable schedule or timetable of compliance, emission require-
ment, standard of performance, emission standard, or prohibition
established  pursuant to this Act. Civil  actions for such enforce-
ment, or to  require such enforcement, may be brought  by one  or
more persons on their own  behalf,  (A) against  any person, in-
cluding, but not limited  to, a governmental instrumentality  or
agency, where  there is alleged a violation by such person of any
such schedule,  timetable,  emission requirement, standard of per-
formance ,  emission standard, or prohibition, or  (B)  against
                                                        [p. 122]

the Secretary where there is alleged a failure of  the Secretary to
exercise (i) his authority to enforce standards  or orders estab-
lished under this Act; or  (ii) any duty established by this Act.
   (2) Nothing in  this section shall  affect the right of such per-
sons as a class or as individuals under any other law to seek en-
forcement of such standards or any other relief.
   (3) Prior to instituting any suit, under this  subsection, such
person or persons shall, by certified or registered  mail or personal
service, notify (A)  the Secretary,  (B) an authorized representa-
tive of the Secretary, if any, in the field office responsible for the
area in which the  alleged violation occurs,   (C) an  authorized
representative of  the  air pollution control agency of the State in

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1358              LEGAL COMPILATION—Ant

which the alleged violation occurs, and (D) the person, or persons
alleged  to be in violation of such alleged violation. Such  notice
shall  be in accordance with regulations prescribed  by the  Secre-
tary as to content and specificity. No such suit shall be filed unless
such person or persons shall have  afforded the Secretary, his rep-
resentative, or such agency, at least thirty days from the receipt
of such notice to institute  enforcement proceedings under  this
title to abate such alleged violation; except any action under this
section to abate a violation of (i) an order issued by the Secretary
pursuant  to section  116,  (ii)  clause  (A)   or   (B) of  section
113(h)(l),  (Hi)  section 114(f)(l), or  (iv)  section 115, may be
undertaken, after notice, without regard to the time limitations
of this  subsection. In any  such action, the  Secretary, if not a
party, may intervene as  a matter  of right.
   (b) The court in issuing any order in any action brought pur-
suant to subsection (a) of this section, may award costs of litiga-
tion, including reasonable attorney and expert witness fees, when-
ever the court determines such action is in the public interest.

                         Appearance

   Sec.  305. In actions instituted  under this  Act,  attorneys  ap-
pointed by the Secretary shall appear for and represent the Secre-
tary, as provided in section 516 of title 28  of the  United States
Code.

                     Federal Procurement

   Sec. 306. (a) Any person (1) required to comp'y with an order
issued by a Federal court pursuant to this Act who fails to comply
within the time period specified in such order, or (2) convicted by
a Federal court for a knowing violation of any applicable schedule
or timetable  of compliance,  emission  requirement, prohibition,
emission  standard, or standard of performance, shall be ineligible
to enter into  any contract with any Federal agency for the pro-
 curement of goods, materials,  and services to perform such work
at or with any facilities subject to such action by the court which
are owned, leased, or supervised by such person. Such ineligibility
shall continue until the Secretary certifies compliance with such
order, or that the condition giving rise to the violation has been
corrected.
   (b)  The Secretary shall establish procedures to provide all such

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              STATUTES AND LEGISLATIVE  HISTORY          1359

 Federal agencies with the notification necessary for the purposes
 of subsection (a) of this section.
                                                        [p. 123]

    (c) In order to further implement the purposes and policy of
 this Act to protect and enhance the  quality of the  Nation's air,
 the President shall, not more than one  hundred and eighty days
 after  enactment of this section  cause to be issued an order  (A)
 requiring each Federal agency authorized to enter into contracts
 and each Federal agency which is empowered to extend Federal
 assistance by way  of  grant, loan,  or contract to effectuate the
 purpose and policy of this Act in such  contracting  or  assistance
 activities, and (B)  setting forth procedures, sanctions, penalties,
 and such other provisions, as the President determines necessary
 to carry out such requirement.
    (d) The President may exempt any contract, loan, or grant
 from all or part of the provisions of this section where he deter-
 mines such exemption is necessary in the paramount interest of
 the United States and he shall notify the Congress of such exemp-
 tion.
   (e)  The President shall annually report  to the  Congress on
 measures taken toward implementing the purpose and intent of
 this section, including  but not limited to the progress and prob-
 lems associated with implementation of this section.

                     Employee Protection
   Sec. 307. (a) No person shall discharge or in any  other way
 discriminate against or cause to be discharged or discriminated
 against any employee  or any authorized representative of  em-
 ployees of any alleged violator by reason  of the fact that such  em-
 ployee or representative has filed, instituted, or caused to be filed
 or instituted any proceeding under this Act, or has testified or is
 about to  testify in any proceeding resulting from the administra-
 tion or enforcement of the provisions of  this Act.
   (b)  Any employee or a representative of employees who  be-
 lieves  that he has been discharged or  otherwise discriminated
 against by any person in violation of subsection (a) of this section
 may, within thirty days after such violation occurs,  apply to the
Secretary of Labor for  a review of such  alleged discharge or dis-
 crimination. A copy of the application shall be sent to such person
who shall be the respondent. Upon receipt of such application,  the
Secretary of Labor shall cause such investigation to be made as

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1360              LEGAL COMPILATION—AIR

he deems appropriate. Such investigation shall provide an oppor-
tunity for a public hearing at the request of any party to enable
the parties to present information relating to such violation. The
parties shall  be given written notice of the time and place of the
hearing at least five  days prior to the  hearing. Any such hearing
shall be of record and shall be subject to  section 554 of title 5 of
the United States Code. Upon receiving the report  of such investi-
gation, the Secretary of Labor shall make findings  of fact. If he
finds that such violation did occur, he shall  issue a decision, in-
corporating an order  therein,  requiring  the person committing
such violation to  take such affirmative action to abate the  viola-
tion as the Secretary of Labor deems  appropriate, including, but
not limited to,  the rehiring or reinstatement of the employee or
representative of that employee to his former position with com-
pensation.  If he finds that there was  no  such violation,  he shall
issue  an order  denying the application. Such order  issued by the
Secretary of  Labor under this sub-
                                                       [p. 124]

paragraph shall be subject to judicial review in accordance with
this subsection. Violations by any person of subsection (a) of this
section shall  be subject to the provisions of section 116(a)(4).
   (c) Whenever  an  order is issued under this paragraph, at the
request of  the applicant, a sum equal to the aggregate amount of
all  costs and expenses  (including the attorney's fees) as deter-
mined by the Secretary of Labor to have been reasonably incurred
by  the applicant  for,  or in connection with, the  institution and
prosecution of such proceedings, shall be assessed against  the per-
son committing the violation.

                        Judicial Review

  Sec. 308. (a) Any interested person may file a petition against
the Secretary for review (1) of  any promulgated  national am-
bient  air quality  standard, goal, prohibition, emission standard,
standard  of  performance, waiver granted  pursuant to section
114(c) (4)  of this Act, in the United States Court of Appeals for
the District of  Columbia or (2)  of any approved or promulgated
implementation plan including any emission  requirement therein,
in the United States  Court of Appeals  for the appropriate circuit.
Such  petition shall be filed within thirty days from the date of
such promulgation or approval, or after such date whenever it is
alleged that  significant  ueiv information has become available,

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             STATUTES AND LEGISLATIVE HISTORY         1361

praying that such promulgation or approval be modified or set
aside in whole or in part. Any determination or finding of the
Secretary, subject to challenge under this subsection, shall be pre-
sumed correct. The court shall  provide such relief as  may  be
appropriate.
  (b)  The commencement of a proceeding under this subsection
shall not operate  as a stay of such standard,  goal, plan, including
any emission requirement therein, prohibition, emission standard,
standard of performance,  or ivaiver, unless  and  until the court
determines that the party requesting such stay shows that there
is  a substantial  likelihood that such party  will  prevail on  the
merits of the matter subject to review and that the interest of the
public will not be  harmed by such a stay.
  (c)  The judgment of the court shall  be subject to review only
by the Supreme Court of the United States  upon a writ of cer-
tiorari or certification as provided  in section 1254 of title 28 of
the United States Code.

                     Mandatory Licensing
  Sec. 309. (a) Whenever the Secretary determines in accordance
with the provisions of section 554 of title 5 of the United States
Code that the implementation of the requirements of section 113,
115, or 202 of this Act requires a right or rights under any United
States letters patent or any trade secret or knoiv-how not other-
wise reasonably available be made available to others to facilitate
compliance with  such sections, he shall order the owner of such
patent, trade secret, or know-how to grant to each applicant mak-
ing  written  request  therefor  a nonexclusive,  nontransf err able
license under any such patent, patent application, trade secret, or
know-how. For the  purpose of this subsection,  know-how shall
include technical  information known to the owner thereof relat-
ing to control technology, processes, operating methods, or other
alternatives,  including  ivritten  manuals,  blueprints, drawings,
and  specifications.
                                                        [p. 125]

  (b)  No  license granted pursuant  to subsection  (a)  shall in-
clude any restriction, except:
       (1)  reasonable royalties may be charged;
       (2)  reasonable provisions may be made to prevent the dis-
     closure of know-hoiv or trade secrets to third persons;
       (3)  reasonable provisions may be made for periodic roy-

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1362              LEGAL COMPILATION—AIR

    alty payments by the licensee and inspection of the relevant
    books and records of the licensee by an independent auditor
    or other person acceptable  to both licensor and licensee, who
    shall report to the licensor only the  amount  of the royalty
    due and payable;
       (4)  reasonable  provisions may be made for  cancellation
    of the license upon failure of the licensee to make the reports,
    pay the royalties, permit the inspection of his books and rec-
    ords, or for disclosure of knoiv-how or trade secrets to a third
    •person as hereinabove provided;
       (5) reasonable provisions may be made to prevent further
    use or disclosure by the licensee, in the event of cancellation,
    of  know-how or trade secrets  acquired by the licensee pur-
    suant to such license.

   (c)  If the owner of any United States letters patent, patent
application, trade  secret, or know-how and any  applicant for a
license thereunder pursuant to subsection (a) are unable to agree
upon  reasonable royalties  to  be charged under  such license or
upon  any other provision which may be included in  such license
pursuant to subsection (b), any such disagreement  shall  be  re-
solved  by  arbitration  under  the  rules  and  procedures of  the
American Arbitration Association then in effect.
   (d) Nothing in  this section shall be construed to grant  an  ex-
emption from  the antitrust  laws  of the United  States or  any
judgments, orders, or decrees issued thereunder.

                        Policy Review

   Sec. 310. (a) The Secretary shall review any  matter relating
to duties and responsibilities granted  pursuant to this  Act con-
tained in any (1)  detailed statement prepared by any agency or
Department of the Federal Government pursuant to Public Law
91-190, and (2) proposed regulations published by any agency or
Department of the Federal Government pursuant to any statutory
authority.
   (b)  In  the  event the Secretary  determines that such detailed
statement or such proposed regulations is unsatisfactory from the
standpoint of public health or  welfare or environmental quality,
the matter shall be referred to the Council on  Environmental
Quality for a determination and recommendation to the President
which shall be made public.

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             STATUTES AND LEGISLATIVE HISTORY         1363

               OTHER AUTHORITY NOT AFFECTED

  SEC. [303] 311.  (a)  Except as provided in subsection  (b)  of
this section, this Act shall not be construed as superseding or lim-
iting the authorities and  responsibilities, under any other provi-
sion of law, of the Secretary or any other Federal officer, depart-
ment, or agency.
                                                        [p.126]

  (b)  No appropriation shall be authorized or made under section
301, 311, or 314 of the Public Health Service Act for any fiscal
year after the fiscal year ending June 30, 1964, for any purpose
for which appropriations may be made under authority of this
Act.

                     RECORDS  AND AUDIT

  SEC. [304] 312. (a) Each recipient of assistance under this Act
shall keep such records  as the Secretary shall prescribe, including
records which fully disclose  the amount and disposition by such
recipient of the proceeds  of such assistance, the total  cost of the
project or undertaking  in connection with which such assistance
is given or used, and the amount of that portion of the cost of the
project or undertaking  supplied by other sources, and such other
records as will facilitate an effective audit.
  (b)  The Secretary of Health, Education, and Welfare and the
Comptroller General of the  United States,  or any of their  duly
authorized representatives,  shall have access for the  purpose  of
audit and examinations  to any books, documents, papers, and rec-
ords of the recipients that  are  pertinent to the grants received
under this Act.

            COMPREHENSIVE ECONOMIC  COST STUDIES
  SEC. [305] 313. (a) In  order to provide the basis for evaluating
programs authorized by this Act and the development of new pro-
grams and to furnish the Congress with the information necessary
for authorization of appropriations by fiscal years beginning after
June 30, 1969, the Secretary, in cooperation with State, interstate,
and local air pollution control agencies,  shall make a detailed esti-
mate of the cost of carrying out the provisions of this Act;  a com-
prehensive study of the cost of program implementation  by af-
fected  units  of government; and  a comprehensive study  of the
economic impact of air quality standards on the Nation's indus-

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1364               LEGAL  COMPILATION—AIR

tries, communities, and  other  contributing sources of pollution,
including an analysis  of the national requirements for and  the
cost of controlling emissions to attain such standards of air quality
as may be established pursuant  to this Act or applicable State law.
The Secretary shall submit such detailed estimate and the results
of such comprehensive study of cost  for the five-year period be-
ginning July 1, 1969, and the results of such other studies, to the
Congress not later than  January 10, 1969, and shall submit a re-
evaluation  of such estimate and studies annually thereafter.
   (b) The Secretary shall  also  make a complete investigation and
study to determine  (1) the need for additional trained State and
local  personnel to carry  out programs assisted pursuant to this
Act and other programs for the same purpose as this Act; (2)
means of using existing  Federal training programs to train such
personnel;  and (3)  the  need for additional trained personnel to
develop,  operate  and  maintain those  pollution control facilities
designed and  installed to  implement  air  quality standards.  He
shall  report the  results  of such investigation and study to the
President and the Congress not later than July 1, 1969.
                                                       [p. 127]

               ADDITIONAL REPORTS TO CONGRESS
  SEC. [306]  314. Not later than six months  after the effective
date of this section and not later than January 10 of each calendar
year beginning after such  date, the Secretary shall report to the
Congress on measures taken toward  implementing the purpose
and intent  of this Act including, but not limited to, (1) the prog-
ress and problems associated with control  of automotive exhaust
emissions and the research efforts related thereto; (2) the devel-
opment of  air quality criteria and recommended emission control
requirements;  (3) the status of enforcement actions taken pur-
suant to this Act; (4)  the  status of State  ambient air standards
setting, including such  plans for implementation and enforcement
as have been developed; (5) the extent of development and  ex-
pansion of air pollution  monitoring systems;  (6) progress  and
problems related to development  of  new  and improved  control
techniques; (7)  the development of quantitative  and  qualitative
instrumentation to monitor emissions and air quality;  (8) stand-
ards set  or under consideration pursuant to title  II of this Act;
(9) the  status of State, interstate,  and local  pollution  control
programs established pursuant to and assisted by this Act;  and
(10)  the reports and recommendations made by  the President's
Air Quality Advisory Board.

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              STATUTES AND LEGISLATIVE HISTORY         1365

                      LABOR STANDARDS
   SEC. £307] 315. The Secretary shall take such action as may be
 necessary to insure that all laborers and mechanics  employed by
 contractors or subcontractors on projects assisted under this Act
 shall be paid wages at rates not less than those prevailng for the
 same type of work on similar construction in the locality as deter-
 mined by the Secretary of Labor,  in  accordance with the Act of
 March 3, 1931, as amended,  known as the Davis-Bacon  Act (46
 Stat. 1494; 40 U.S.C. 276a—276a-5). The Secretary of Labor shall
 have, with respect to the labor standards specified in this subsec-
 tion, the authority and functions set forth in Reorganization Plan
 Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2
 of the Act of June 19, 1934, as amended (48 Stat. 948; 40 U.S.C
 276c).

                         SEPARABILITY
  SEC. [308]  316, If any provision of this Act, or the application
 of any provision of this Act to any  person or circumstance, is held
 invalid, the application of such provision to other persons or cir-
 cumstances, and the remainder of  this Act,  shall not be effected
 thereby.

                       APPROPRIATIONS
  SEC. [309] 317. There are hereby authorized to be appropriated
 to carry out this Act, other than sections 103 (d) and 104, $74,000,-
 000 for the fiscal year ending June 30, 1968, $95,000,000 for the
 fiscal year ending June 30, 1969,  [and] $134,300,000 for the fiscal
 year ending June 30, [1970.] 1970,  $150,000,000 for the fiscal year
 ending June 30,1971, $250,000,000  for the fiscal year  ending June
 30,1972, and $325,000,000 for the fiscal year ending June 30,1973.
                                                       [p. 128]

                         SHORT  TITLE

  SEC. [310] 318. This Act may be cited as the "Clean Air Act."

              TITLE IV—NOISE POLLUTION
  Sec.  401. This  title may be cited as the 'Noise Pollution and
Abatement Act of 1970.'
  Sec.  402. (a) The Secretary shall establish within  the  Depart-
ment of Health, Education, and Welfare an Office of Noise Abate-

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1366              LEGAL COMPILATION—AIR

ment and Control, and shall carry out through such Office a full
and complete investigation and study of noise and its effect on the
public health and welfare in  order to  (1)  identify and  classify
causes and sources of noise, and  (2) determine—
       (A) effects at various levels;
       (B) projected growth of noise  levels  in urban areas
    through the year 2000;
       (C) the psychological and physiological effect on humans;
       (D) effects of sporadic extreme noise (such as jet noise
    near airports) as compared with constant noise;
       (E) effect on wildlife and property (including  values) ;
       (F) effect of sonic booms on property (including values) ;
    and
       (G) such other matters as may be  of interest in the public
    welfare.
   (b)  In conducting such investigation, the Secretary shall hold
public hearings, conduct  research,  experiments,  demonstrations,
and studies. The Secretary shall report the results of such investi-
gation and study, together with  his recommendations  for legisla-
tion  or other action, to  the President and the Congress not later
than one year after the date of enactment of this title.
   (c)  In any case where any Federal department or agency is
carrying out  or sponsoring any  activity resulting  in noise which
the Secretary determines amounts to a public nuisance or is other-
wise objectionable, such department or agency shall consult with
the Secretary to determine possible means of abating  such noise.
  Sec. £03. There is authorized  to be appropriated such amount,
not to exceed $30,000,000, as may be necessary for the purposes
of this title."

                                                       [p. 129]

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              STATUTES AND LEGISLATIVE HISTORY         1367

           l.lk(3) COMMITTEE OF CONFERENCE
            H.R. Rep. No. 91-1783. 91st Cong., 2d Sess. (1970)
            CLEAN AIR AMENDMENTS OF 1970
              December 17, 1970—Ordered to be printed
        Mr. STAGGERS, from the committee of conference,
                   submitted the following

              CONFERENCE REPORT
                    [To accompany H.R. 17255]

   The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 17255)
to amend the Clean Air Act to provide for a more effective pro-
gram to improve the quality of the Nation's air, having met, after
full and free  conference,  have agreed to recommend and do rec-
ommend to their respective Houses as follows:
   That the House recede from its disagreement to the amend-
ment of the Senate and  agree to the same with an amendment
*  *  *
                                                       [P. 1]

          STATEMENT OF THE MANAGERS ON THE PART
                       OF THE HOUSE

   The managers on the part  of the House at the conference on
the disagreeing votes of the two Houses on the amendment of the
Senate to the bill (H.R. 17255) to amend the  Clean Air Act  to
provide for a more effective program to improve the quality  of
the Nation's air, submit the following statement in explanation  of
the effect of the action  agreed  upon by the conferees and recom-
mended in the accompanying conference report:
   The Senate struck  out  all of the House bill  after the  enacting
clause and inserted a substitute amendment. The committee of con-
ference has agreed to a substitute for both the House bill and the
Senate amendment. Except for technical, clarifying, and conform-
ing changes, the following statement explains the differences be-
tween the House bill and the substitute agreed to in conference.

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1368               LEGAL COMPILATION—AIR

  Existing law and the House and Senate versions of the bill all
provide that the Clean Air Act is to be carried out by the Secre-
tary of Health, Education,  and Welfare. During the  period in
which the committee of conference was considering the bill, all of
the functions of the Secretary of Health,  Education, and Welfare
under the Clean Air Act were transferred, pursuant to Reorgani-
zation  Plan Numbered 3  of 1970, to  the Administrator of the
Environmental Protection Agency. Accordingly, all references to
the Secretary in the  bill,  in existing law, and in the statement
of Managers have  been changed  to "Administrator,"  and  pro-
visions  have been added  authorizing the transfer of personnel
of the Public Health Service to the new agency.

                SECTIONS  103 AND 104.  RESEARCH

  The House bill would make no change in the present provisions
of the  Clean Air Act relating to fuel  and vehicle research.  The
Senate amendment would make several changes in section 104 and
would add a new section 107 which would call for special empha-
sis on  research relating to  effects of air pollution. In regard to
section  104, the Senate amendment would provide  (1) new author-
ity for research directed  toward  development  of methods of
improving the efficiency of  fuels  combustion and producing  syn-
thetic  or new low-pollution fuels,  and  (2) new authority for
awarding of grants  and  contracts for part of the  cost of  pro-
grams to develop low-emission alternatives to the internal com-
bustion engine and for payment of the cost of purchasing motor
vehicles and engines for research and development and testing. In
the proposed  new  section 107, the Administrator was directed
to give special emphasis to  research on the short-term  and long-
term effects of air pollutants, and was  authorized to enter into
long-term  contracts  to carry out such  research. Proposed  new
section 107 also would require the Administrator to consult with
other Federal  agencies to insure  that research conducted under
such section does not duplicate their research programs.
                                                        [p. 42]

   The  conference  substitute adopts the Senate  provision with
respect to section 104 and includes (as a new subsection to exist-
ing section 103) the  provisions set forth in proposed new section
107.

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             STATUTES AND LEGISLATIVE HISTORY         1369

  SECTION 105. GRANTS FOR SUPPORT OF AIR POLLUTION PLANNING
                   AND CONTROL PROGRAMS

  The House bill would make no change in existing section 105 of
the Clean Air Act. The Senate  amendment would make several
changes, the principal one  being that  State agencies would be
eligible  for the higher levels of  Federal grant  support currently
available only to  interstate  and intermunicipal  agencies. State
agencies would eligible for such greater support only in those
instances where the grant funds are to be used for a State-operated
regional air pollution planning  or control program. The Senate
amendment  would add two  other new provisions  to section  105.
One of these provisions would authorize a reduction in payments
to grantee agencies in cases  where Federal employees are detailed
to such agencies.  The other new provision would authorize the
withholding of grant funds from any agency found by the Admin-
istrator to be inadequately staffed or funded to  meet its responsi-
bilities under the Clean Air  Act.
  The conference agreement includes  the  Senate provision to
provide  greater support to  state agencies and authority to detail
Federal employees but deletes the provision for withholding grant
funds. The conferees recognize that the Administrator has general
authority under  section 113 to act where a state is not carrying
out its enforcement responsibilities.

SECTION 106. INTERSTATE AIR QUALITY AGENCIES OR COMMISSIONS

  The House bill would delete section 106 of the Clean Air Act.
The Senate  amendment would retain the provisions for Federal
funding of interstate air quality planning programs but would
eliminate the existing  authority for the Administrator to establish
interstate air quality planning commissions.
  The conference substitute would modify the Senate amendment
to make clear that such Federal  grants  would be for the purpose
of developing implementation plans for designated interstate air
quality control regions.

          SECTION 107. AIR QUALITY CONTROL REGIONS

  Under the House bill each  State was declared to be an air quality
control  region  for purposes  of attaining  ambient air  quality
standards. Interstate air quality  control regions designated under
existing law and interstate  regions designated after enactment of
this legislation would also be air quality control  regions.

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1370              LEGAL COMPILATION—Am

  Under the Senate amendment,  existing interstate and intra-
state  regions would be  retained,  and  the  Administrator could
designate new interstate and  intrastate regions. Any part of a
State not included in a designated  region would be an air quality
control region, but could be subdivided into two or more regions.
  The conference  substitute makes it the primary  responsibility
of each State to assure air quality within the entire geographic
area comprising such State by submitting an implementation plan
for such
                                                        [p. 43]

State for achieving air quality standards. All interstate and intra-
state  regions designated prior to enactment of this  legislation
would remain in effect.  The Administrator retains authority to
designate interstate and intrastate regions and is  authorized to
approve  the establishment by the State  of instrastate regions.

   SECTION 108. AIR QUALITY CRITERIA AND CONTROL TECHNIQUES

  The House bill  did not change the substance of the provision
of existing law which requires the issuance of air quality criteria
and information  on  control techniques. The  Senate amendment
proposed to establish a deadline by which criteria for certain pol-
lutants would have to  be issued and provided the Administrator
with authority to establish a consulting committee to advise him on
control technology.
  The conference substitute  substantially  adopts the  provisions
of the Senate amendment.

     SECTION 109. NATIONAL AMBIENT AIR QUALITY STANDARDS
  Under the House bill the Administrator had 30 days after enact-
ment in  which to propose national ambient air quality standards
for each pollutant or combination of pollutants for which criteria
had been issued under existing law. Such proposed standards were
to be published 30 days after the issuance of the criteria for any
other pollutant or combination thereof. After allowing a reason-
able time for comment on proposed  standards, the Administra-
tor was  to promulgate the standards with appropriate modifica-
tions. In addition, States were authorized to adopt more stringent
air quality standards than the national standards established  by
the Administrator.
  The Senate  amendment  declared  that  national  ambient  air
quality standards and goals were to be issued by the Administra-

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             STATUTES AND LEGISLATIVE HISTORY         1371

tor. The standards were to  be adequate to protect the health of
persons. The goals were to be adequate to  protect the public
health or welfare from any adverse effects.
  The Senate amendment called for the  Administrator to pro-
mulgate proposed standards within 90 days after  initial publica-
tion. Standards were  to be proposed simultaneously with the is-
suance  of criteria for pollutants (or combinations thereof) for
which criteria had not been issued  under  existing law. Proposed
national ambient air  quality goals  were to be published simul-
taneously with the publication of the proposed standards.
  The Senate bill required that each State  consider adoption of
more  stringent air quality standards than the national standards
at its public hearing on the proposed implementation plan, unless
a separate hearing was held for that purpose. The Senate bill
permitted States, political subdivisions thereof and other specified
governmental agencies to  establish more  stringent  standards
than  the national standards or  shorter deadlines for  their  at-
tainment than three years.
  The conference  substitute follows the  Senate  amendment in
establishing deadlines for the development of national  ambient
air quality standards. The  Senate  amendment was modified to
provide for primary and secondary standards, the former relating
to public health  and the latter to public welfare.
                                                       [p. 44]

             SECTION 110. IMPLEMENTATION PLANS

  Under the  House bill after promulgation of  a national ambient
air quality standard, each State was to hold public hearings and
adopt a plan  to implement such  standard  (or  the more stringent
State  standard). The Administrator was to approve the plan if it
assured achievement  of the standard  within  a reasonable  time
and contained adequate provision for State enforcement,  inter-
governmental cooperation to attain standards,  and revision of the
plan under specified circumstances.
  The House bill authorized the Administrator to  propose a plan
applicable to  any State, if it failed to submit an acceptable imple-
mentation plan within the allotted time. The plan  was to be pro-
mulgated 30  days after publication, unless the State adopted an
acceptable  plan  or the  Governor petitioned  the  Administrator
for a hearing.
  Under the Senate  amendment each State was  to hold public
hearings and adopt a plan to implement the national ambient air

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1372              LEGAL COMPILATION—Am

quality standards  (or  the more stringent  State standards)  and
national  ambient air quality goals.  The Administrator  was re-
quired to approve the  plan  if he found that it provided for at-
tainment  of the standard within three years  from the date of
approval  of the plan.  The  Governor of a State,  however, was
authorized to petition the Federal district  court to extend for a
year the period for attaining a  standard. The  court could grant
relief only upon specified showings and each one-year extension
could be granted only after the filing of a new petition and making
the required showings.  Under the Senate bill implementation plans
would also have to provide for necessary land-use and transporta-
tion controls, intergovernmental cooperation to attain standards
and goals, periodic reports  on  emissions from specified sources,
and certain other requirements.
  The conference substitute follows the  Senate amendment in
establishing deadlines  for  implementing  primary ambient air
quality standards but leaves the States free to establish a reason-
able time  period within  which secondary ambient  air quality
standards will be implemented. The conference substitute modifies
the Senate amendment in that it allows the Administrator to grant
extensions for good  causes shown upon application by  the Gov-
ernors.

 SECTION 111. STANDARDS OF PERFORMANCE FOR NEW STATIONARY
                           SOURCES

SECTION  112. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
                         POLLUTANTS

  Under the House bill, the Administrator would establish emis-
sion standards  for classes of new stationary sources, emissions
from which may  contribute substantially  to  endangerment  of
public health or welfare. In  setting such standards, the Adminis-
trator would consider economic and technological feasibility. The
Administrator was also authorized  to exempt certain sources or
classes of sources for reasons specified in the bill. For standards
relating to emissions which are extremely  hazardous to health,
the Administrator could by regulation  prohibit new sources of
such emissions  from being constructed or
                                                        [p. 45]

operated, although he could grant specific exemptions. For stand-

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             STATUTES AND LEGISLATIVE HISTORY         1373

ards relating to other emissions, the regulations were to require
that new sources of such emissions be designed and equipped to
maximize emission  control insofar as technologically and  eco-
nomically feasible.  The House bill also authorized States to  en-
force emission standards under this provision if they adopt an
adequate enforcement plan. If no such plan  was  adopted,  the
Administrator  would establish the enforcement plan.
  Under the Senate amendment, the Administrator was to publish
a list of categories of stationary  sources and  standards  of per-
formance applicable to such new sources. The standards  of per-
formance were to be based  on the greatest  emission  control pos-
sible through  application of latest available control technology.
The Administrator  was also required to establish a system of pre-
construction review and certification of Design and location of
new sources in  order to assure attainment of primary and second-
ary ambient air quality standards. States were authorized to con-
duct the certification upon submission of acceptable procedures to
the Administrator. New sources would be prohibited from operat-
ing without certification or in violation of any applicable standard
of performance. Under the Senate amendment if a  standard of
performance  were  violated, the Administrator could issue  an
abatement  order and failure  to  initiate  abatement within  72
hours would result  in suspension of the certificate  and  subject
the owner or operator to criminal  penalties for operation there-
after.
  The Senate amendment also provided in a separate section  for
the publication of a list of air pollutants (or combination thereof)
which are hazardous to the health of persons. Pollutants "hazard-
ous to the health of persons" were defined as those whose presence
in trace concentrations in the ambient air will cause or contribute
to specified  types of damage  to health.  The Administrator was
directed to publish proposed regulations prohibiting emissions of
such pollutants from any existing or new stationary source and,
after  public hearing,  he was to promulgate  such  regulations,
unless upon a preponderance  of the evidence, he found that  the
pollutant was not hazardous to the health of persons or that some
amount  could be emitted without endangering the health of per-
sons.  After making either  of  these findings, the Administrator
was to publish an emission standard for such pollutant applicable
to designated stationary sources.
  Under the conference substitute the Administrator is directed
to meet specified deadlines  in  publishing a list of categories of
stationary sources which contribute significantly to air pollution,

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1374              LEGAL COMPILATION—AIR

in issuing proposed  Federal  standards for new sources in such
categories,  and in finalizing such standards after receiving com-
ments by interested  persons. The  conference substitute does not
contain  the pre-construction review and certification procedure
provided for in the  Senate amendment. New  sources would be
held to establish standards of performance, and violations of such
standards would subject the owners of such sources to abatement
actions under Section 113.
  The  conference substitute  requires the Administrator, within
specified deadlines, to  publish a list of hazardous  pollutants, to
issue proposed emission standards for  such  pollutants,  and to
finalize such standards  after public hearings. Emission levels must
provide an ample margin of safety to assure public health pro-
tection.  New sources emitting such pollutants may be constructed
only if they
                                                        [p. 46]

meet the standards.  Standards would  apply  to existing sources,
but the Administrator may grant a waiver for up to two years
for those existing sources where such  period  is necessary for
installation of control  equipment  and  where during  such period
the health of persons is protected from imminent danger by other
means. Moreover, the President may exempt any new or existing
stationary source for a two-year period if he finds that necessary
technology  is unavailable to implement standards, and that opera-
tion of  source is required for reasons of national  security.  The
President may extend national  security exemptions for  one or
more two-year periods, but must report to Congress each exemp-
tion or extension.

              SECTION 113. FEDERAL ENFORCEMENT

       SECTION 114. INSPECTIONS, MONITORING, AND ENTRY

  SECTION 116. ABATEMENT BY MEANS OF CONFERENCE PROCEDURE
  The House bill amended section 108 by authorizing the Secre-
tary of  Health, Education, and Welfare,  to request the Attorney
General to  bring suit to abate intrastate  as well as  interstate air
pollution where a State failed to enforce  its implementation plan,
and, in  a new section  112 provided for  Federal enforcement of
Federal emission standards for  stationary sources.  Each of the
two sections  provided  for court assessment of penalties against
polluters, and authorized entry into and inspection  of suspected

-------
              STATUTES AND  LEGISLATIVE HISTORY         1375

 polluters' facilities by DHEW investigative personnel for pur-
 poses of enforcement. The Senate bill established a new section
 116 directing the Secretary to issue an abatement order to any
 person  in violation of a State  implementation plan requirement
 not being enforced by the State,  and to a person  in violation of
 any Federal stationary source emission standard or limitation re-
 quired  under section  113 or 114  of  the Senate bill. Section 116
 further provided for  the institution of civil actions by the Secre-
 tary to obtain compliance with abatement orders,  with  require-
 ments under  section  113,  114,  or 115, and with inspection  and
 monitoring requirements imposed in Title I, and authorized sub-
 stantial fines  and imprisonment for  knowing violations of emis-
 sion standards  and  limitations, knowing failure  or  refusal to
 comply with  an abatement order, or knowing falsification or
 misrepresentation in  required reports, records, or  monitoring
 data. Also under section 116, the Senate authorized  entry  and
 inspection by DHEW personnel of buildings, facilities, and moni-
 toring equipment for  purposes  of setting standards and enforcing
 them. The Senate's proposed new sections 113 and 114 also pro-
 vided for assessment  of civil penalties by the Secretary for viola-
 tion of  standards imposed thereunder.
  The conference substitute retains the enforcement provision of
 existing law for abatement of international pollution problems
 and abatement against certain sources of pollution not covered by
 these amendments. Past enforcement action  and  requirements
 are preserved.
  The conference substitute follows the House bill relating to
 enforcement  in  areas of primary State responsibility and  the
 Senate amendment where  primary Federal responsibility exists.
 In case  of a violation of any requirement of a  State implementa-
 tion plan, the Administrator is to notify the State in which the
 violation occurs as well as the
                                                        [p. 47]

 violator. If the violation extends  beyond the thirtieth day after
notification,  the  Administrator may issue  an  order  requiring
 compliance by such person or may  bring court action  against
 such person. In case of a State failure to enforce a plan,  the Ad-
ministrator shall notify the State. If the State's failure to enforce
such plan extends beyond the thirtieth day after notification, the
Administrator is to give public notice of such  finding and there-
upon, until the State  resumes enforcement of plan,  the Adminis-
trator  may enforce the implementation plan either through an

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1376              LEGAL COMPILATION—Am

order requiring any violator in such State to  comply or by bring-
ing court action against  any such violator.
  In case of a violation of a Federal standard of performance for
new stationary  sources  or  a Federal  emission  standard  for
hazardous pollutants, the Administrator may enforce such stand-
ards either  through an order requiring any violator to comply
or by bringing court action against any violator. Under sections
111 and 112, the Administrator has authority to delegate enforce-
ment authority to the States to enforce  these Federal standards
concurrently with the Federal Government.
  Knowing violations of  an order issued by the Administrator or
of State implementation  plan requirements  (where the violator
has received notice)  or of  Federal standards of performance for
new sources or of Federal emission standards for hazardous emis-
sions shall be punishable by a fine of not more than $25,000 per
day of violation  or by imprisonment for not more than  one year.
For second  or subsequent violations  the fine is not more  than
$50,000 and imprisonment for not more  than two years.
  The provisions of the  conference substitute with regard to  in-
spections, monitoring and entry  follow  substantially the provi-
sions of the Senate amendment.

          SECTION 116. RETENTION OF STATE AUTHORITY

  Except with  respect  to standards  for moving  sources, the
States' authority to adopt and enforce standards applicable to air
quality  and  emissions is  retained in the conference substitute.
  The conference substitute retains the  provisions  of the Senate
amendment  which requires  (to  the  extent practicable within
the time provided) consultation with advisory committee prior to
carrying out certain functions required by Sees. 108, 111, 112 and
202.

  SECTION 118. CONTROL OF POLLUTION FROM FEDERAL FACILITIES

  The House bill and the  Senate amendment declared that Federal
departments and agencies  should  comply with applicable stand-
ards of air  quality and emissions.
  The  conference  substitute modifies  the  House  provision  to
require that the President rather  than the Administrator be  re-
sponsible for  assuring compliance by Federal agencies.

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             STATUTES AND LEGISLATIVE HISTORY         1377

           SECTION 202. ESTABLISHMENT OF STANDARDS

  The House bill did not amend the provisions of existing law re-
lating to the establishment of standards for new motor vehicles.
The Senate amendment deleted the requirements that such stand-
ards be based on
                                                        [p. 48]

a test of technical and economic feasibility, and provided statutory
standards for passenger cars and required that such standards be
achieved by a date certain. The Senate bill also provided that the
statutory deadline could be extended for not more than  one year
if the Administrator made a series of specified findings. The Sen-
ate bill also authorized the Admisitrator to set standards of emis-
sion performance for  vessels, commercial vehicles,  and aircraft.
(The House bill treated aircraft emissions in a different section.)
  The  conference substitute follows substantially  the Senate
amendments. The Administrator is directed to establish emission
standards for  pollutants from  new  motor  vehicles or  engines
which are likely to endanger the public health  or welfare. Such
standards are to be applicable for the useful life of the vehicles
or engines. The statute specifies that "useful  life" shall be a period
of use of at least five years or 50,000  miles, whichever occurs
first. Administrator shall prescribe regulations to implement this
definition. The  effective date  of the standards is to depend on the
period  necessary to  develop  the requisite technology  giving  ap-
propriate consideration to the cost of complying by such date.
  Carbon monoxide and hydrocarbon emissions from light duty
vehicles for 1975 model year and thereafter are to be  reduced at
least 90  per centum  over 1970  standards  for  these  pollutants.
Oxides of nitrogen emissions from light duty vehicles  for  the
1976 model year and  thereafter are to be reduced by  at least 90
per centum over the actual emission of these pollutants from 1971
model vehicles  which were not subject to Federal or State stand-
ards for such emissions.
  Any manufacturer  may  apply to the Administrator within
specified time limits for a one-year suspension of the statutory
time limits, and the Administrator is to issue interim standards
if he approves such application. Such interim  standards are to
reflect  the greatest degree of emission  control which is achiev-
able by  application of technology determined by the Administra-
tor to be available, giving appropriate consideration to the cost
of applying  such technology within the time available to manu-

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1378              LEGAL COMPILATION—AIR

facturers. The Administrator is to take into consideration whether
the manufacturer has met statutory requirements  relating to
public  interest, public health  and welfare,  availability of tech-
nology, and good faith efforts to meet standards.
  The  Administrator is to undertake to enter into appropriate ar-
rangements with  the National Academy of Sciences to conduct a
study of the feasibility of meeting statutory deadlines for the
1975 and  1976 model  years. In entering into such arrangements,
Administrator is to request the Academy to submit its first report
not later than July 1, 1971. The Administrator is directed to use
the authority granted to  him to furnish to the Academy any in-
formation requested by it.

  SECTIONS 203-205. ENFORCEMENT OF MOTOR VEHICLE EMISSION
                         STANDARDS

  The  House bill revised the  enforcement provisions  respecting
motor  vehicle emissions  to prohibit sale of new motor vehicles
and  engines  without  complying with the  House warranty  and
labeling requirements. The Senate amendment revised these pro-
visions to prohibit rendering emission control systems or devices
inoperative after sale of the  vehicle or engine, to remove the
exemption for vehicles or engines manufactured for export, and to
increase the maximum penalty
                                                        [p. 49]
for violations of the enforcement provisions from $1,000 to $10,000
per vehicle.
  Sec.  203 generally follows the provisions  of the House bill ex-
cept that prohibited acts are added relating to recall (Sec. 207) or
knowing removal  of devices by the manufacturer or dealer. Also,
vehicles intended  solely  for export must  comply with Federal
emission standards unless the  importing nation has differing re-
quirements affecting motor vehicle emissions or has advised that
no such  requirements exist at this  time. Penalties  provided in
Sec. 205 follow the Senate amendment.

  SECTIONS 206-207. COMPLIANCE WITH MOTOR VEHICLE EMISSION
                         STANDARDS

  The  provisions of the  House bill and the Senate amendment
revising the procedures under existing law  for prototype testing
and  authorizing production line  testing of  new motor vehicles
and engines  were essentially  the  same,  except that  the Senate

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             STATUTES AND LEGISLATIVE HISTORY         1379

amendment required  compliance testing of each vehicle prior to
delivery. In addition,  the Senate amendment required semiannual
publication of the results of prototype and assembly line testing,
and disclosure  by manufacturers of the actual cost of emission
control devices and systems.
  The House bill required manufacturers to warrant that vehicles
or engines they produce are of substantially the same construction
as the prototype vehicle with respect to which the certificate of
conformity was issued. The Senate amendment required  (effective
90  days  after  the  Administrator  establishes feasible  testing
methods  and  procedures) that  manufacturers  warrant  that
vehicles and engines will conform with applicable emission stand-
ards throughout their useful life (set at 5 years or 50,000 miles)
if maintenance and certain other requirements are met.
  The Senate amendment  also authorized  the Administrator, if
he determined  that any class or category  of vehicles or engines
did not conform with applicable emission  standards, to require
manufacturers to notify purchasers of such nonconformity. More-
over, if a manufacturer discovered such nonconformity during the
term of any warranty required under the Senate amendment, he
was required to notify  purchasers  of the nonconformity and to
remedy such nonconformity at no cost to the owner.
  The conference substitute adopts substantially  the provisions
of the House bill relating to prototype and production line testing
and  the provisions of the Senate amendment relating to compli-
ance after sale and warranty. The Administrator would be re-
quired to  test,  or require  to be tested, any new motor vehicle
or engine  submitted by any manufacturer to determine whether
such vehicle or engine meets Federal emission standards. If  such
vehicle or engine conforms, Administrator shall issue certificate
of conformity for a period not to exceed one year. Additionally,
the Administrator would be required to test any emission system
incorporated  in  an automobile submitted by any  person  (who
need not be an automobile  manufacturer) to determine whether
such system  meets the  statutory emission  standards prescribed
by section 202.  He is to  inform automobile manufacturer,  the
National Academy of Sciences, and th^ public of the results of
such tests. The Administrator may test  (or prescribe tests to be
performed by the manufacturer) all or a sample of vehicles or
engines on the assembly
                                                       [p. 50]

line to determine whether  such vehicles or engines actually con-

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1380              LEGAL COMPILATION—AIR

form with applicable emission standards. If the Administrator
determines that such vehicles or engines do not conform, he may
suspend or revoke certificate in whole or in part. Such suspension
or revocation shall apply to vehicles manufactured after date of
notification (or if manufactured prior thereto, to vehicles still in
the hands of the manufacturer). Such suspension or revocation
shall continue until  the Administrator finds that  vehicles or en-
gines conform.  During the period of suspension or revocation, the
Administrator  may  issue certificate of conformity applicable to
those vehicles or engines which he has found actually conform to
emission standards.  An administrative hearing, with judicial re-
view, is provided.
  The Administrator's employees may conduct  plant inspections
or inspect records upon presentation of appropriate credentials.
  To assist prospective purchasers, the Administrator is to make
available to the public comparative test  results.
  The Administrator is required to establish methods for testing
vehicles and engines in actual use to determine their  compliance
with emission requirements during their useful life  (5  years or
50,000 miles, as defined by the statute).
  The provision  for warranty  follows the Senate bill except, in
addition  to establishing test procedures, the Administrator must
find  that inspection facilities or equipment are available to enforce
individual vehicle compliance. Also a  warranty will not become
effective for a  vehicle unless failure  to  comply with a  standard
subjects the purchaser to sanctions. Proper operation and mainte-
nance  are a precondition  to  the manufacturer's  obligation.  In
addition to the performance warranty, the conference substitute
calls for a defect warranty for materials and workmanship.
  If the Administrator determines (on the basis of inspections or
studies)  that a substantial number of  any class of vehicles  or
engines,  although properly maintained and used, do not  meet the
emission standards  during the useful  life  of  such vehicles  or
engines,  he shall notify the manufacturer of such nonconformity,
and  he shall  require  the  manufacturer to  submit a  plan  for
remedying such nonconformity. In the case of properly  used and
maintained vehicles  and engines, this is to be done at the expense
of the manufacturer. If a manufacturer disagrees with such deter-
mination the Administrator  shall  afford the manufacturer  and
other interested persons an opportunity  to present their views at
a public hearing. Unless, upon such  hearing, the Administrator
withdraws such  determination, he shall, within 60  days after
completion of the hearing,  order the manufacturer to notify pur-

-------
             STATUTES AND LEGISLATIVE HISTORY         1381

chasers. The Administrator shall prescribe regulations concerning
notification procedure. Any cost obligation incurred by any dealer
is  to be  borne by the manufacturer and transfer of  such cost
obligation through franchise or any agreements  from a  manu-
facturer  to a dealer is prohibited.
  If a manufacturer's advertising makes any statement respect-
ing the cost or value of emission control devices or systems, such
statement must set  forth  the cost  or  value  attributed to such
devices or systems by the Secretary of Labor (through the Bureau
of Labor Statistics). The manufacturer shall furnish such writ-
ten instructions for maintenance and  use  of any vehicles and
engines by ultimate purchasers as  are necessary to assure proper
functioning of emission control devices
                                                        [p. 51]

or systems. The manufacturer must indicate by  a permanently
attached label that the vehicle or engine is covered by a  certificate
of conformity.

     SECTION 208. STATE MOTOR VEHICLE EMISSION STANDARDS

  The  Senate  amendment modified section 208 of  existing law to
expand the authority  of States to  adopt  and  enforce emission
standards for  new motor vehicles and engines. The House bill did
not change existing law.
  The  conference  substitute follows the House  bill by  retaining
the provision  of existing law.

               SECTION 211. REGULATION OF FUELS
  Existing law  (sec. 210  of the  Clean Air  Act) provides  for
registration of fuels and fuel additives  delivered for introduction
into commerce. The  House bill amended this section to  authorize
the Administrator to establish standards respecting the physical
or chemical properties of any fuel or fuel additive by specifying
limitations on (or providing for elimination of) ingredients (in-
cluding additives)  or on the physical or chemical characteristics
of any fuel or class of fuels if either (1) emission products from
the fuel  or fuel additive endanger  public health  or  welfare,  or
(2) the fuel or fuel additive will significantly impair performance
of an emission control device or system in general use  (or likely
to be in general use) on a significant number of  motor vehicles or
motor  vehicle engines. Such standards  must be  based on specific

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1382              LEGAL COMPILATION—AIR

medical,  scientific, economic, and technological findings specified
in the House bill.
  The  Administrator's  authority under the House bill was  ap-
plicable to all types of fuels, whether used in stationary sources
or in motor vehicles, except that it did not apply to aviation fuel
or additives thereto.
  The Senate amendment amended the fuel registration provisions
to expand the Administration's authority in this area, and in ad-
dition authorized him to control or prohibit the introduction into
commerce of any fuel for use in vehicle engines if the combustion
or evaporation of such fuel produces emissions which endanger
the public health or welfare, or if such emissions prevent opera-
tion of  effective systems for the control of emissions  from any
vehicle or vehicle engine which the Administrator finds would
otherwise conform to applicable emission standards. The Adminis-
trator  was  required to  hold public  hearings and  make certain
findings  before establishing a  control  or prohibition  under this
provision.  Regulation  of  motor  vehicle fuels  by  States and
political  subdivisions  for purposes of emission  control was pre-
empted by the Senate amendment.
  Under the conference substitute the Administrator may control
or prohibit manufacture or sale of any motor vehicle fuel or fuel
additive  if  any emissions therefrom  will endanger  the  public
health or welfare, or if emission products of such fuel or additive
will impair to a significant degree the performance of  any emis-
sion control device or system which is or will be in general use.
Existing provisions of  law  relating to registration of fuels and
fuel additives are retained with some revisions.
                                                        [p. 52]

  Before controlling or prohibiting manufacture or sale, the Ad-
ministrator is required to  consider specific technical and cost
factors. Automobile manufacturers are required to  furnish to the
Administrator any information developed  concerning  emissions
from motor vehicles resulting  from  the  use of any fuel or fuel
additive  or the effect of such use on the performance of any emis-
sion control device or system.
  No State may prescribe or enforce  controls or prohibitions re-
specting any  fuel or  additive  unless they are identical to those
prescribed by the Federal Government or  unless a State imple-
mentation  plan under sec.  110  includes provision for fuel or ad-
ditive control and such plan is  approved by the Administrator as

-------
             STATUTES AND  LEGISLATIVE HISTORY          1383

being necessary for achievement of national air quality standards.
These restrictions  will not apply  to California.
  A civil penalty of $10,000 per day is provided for violations of
the provisions relating to fuels and additives.

                  SECTION 210. STATE GRANTS

  The House bill made no changes in  existing law under which
the Administrator  may make grants to State air pollution control
agencies in an amount up to two-thirds of the cost of developing
uniform motor vehicle emission device inspection and  emission
testing programs.
  Under the Senate amendment,  such  grant authority would be
broadened (1) to cover the costs of maintaining, as well as devel-
oping, such programs and (2) to include  emission control pro-
grams as well as device inspection and emission testing programs.
The Senate  amendment also  provided that grants under section
210 would be in addition  to,  and not supplant, existing  funding
programs of a State for air pollution control.
  The conference substitute provision is the same as that in the
Senate amendment except that (1) the language providing that
section 210 grants must be in addition to existing State  funding
programs is deleted, and (2)  such grants to any State are  made
subject  to the condition that the State program includes  pro-
visions designed  to insure that emission control  devices and sys-
tems on vehicles in actual use are not disconnected or rendered
inoperative.

      SECTION 212.  DEVELOPMENT OF LOW-EMISSION VEHICLES

  The Senate amendment contains provisions not in the House
bill under which the development of low-emission vehicles would
be encouraged by requiring such vehicles to be purchased for use
by agencies of the Federal Government  if the cost of such vehicles
would not exceed  150 per centum (200  per centum in the case
of vehicles powered by new  inherently low-polluting propulsion
systems) of  the retail price of any class or model of motor vehicle
for which such  low-emission  vehicles  are  a  certified substitute.
Under the Senate amendment, such certifications would be  made
by a Low-Emission Vehicle Certification Board composed of the
heads of designated interested Federal agencies, and two members
appointed  by the President. The Board may certify any  class or

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1384              LEGAL COMPILATION—AIR

model of motor vehicles only if a certification application has been
filed in accordance with
                                                        [p. 53]

regulations prescribed by the  Board, the  Administrator of  the
Environmental Protection Agency determines  that  the vehicle
concerned is  a low-emission vehicle, and the Board determines
that such vehicle is  suitable for use  as a substitute for vehicles
in use at that time by Federal agencies. The Senate amendment
authorized an annual appropriation of not to exceed $50,000,000
for paying additional amounts for low-emission vehicles pursuant
to,  and for carrying out the purposes of section 212.
  The conference substitute substantially  incorporates  the pro-
visions of the Senate amendment. One significant change relates to
the definition of low-emission vehicles.  Under  the Senate pro-
vision, a low-emission vehicle is defined as  any motor vehicle
which produces significantly less pollution than the class or mode]
of vehicle for which the Board may certify it as  a suitable substi-
tute.  Under the  conference  substitute, the definition of a low-
emission vehicle takes into account the applicable emission stand-
ards which will be applied  with respect to newly-manufactured
motor vehicles under section 202 by providing that a low-emission
vehicle is one which (1) emits any air pollutant in amounts  sig-
nificantly below  new  motor vehicle  standards  applicable under
such section 202 at the time of procurement to that type of vehicle;
and (2)  with respect  to all  other  air pollutants, meets the new
motor vehicle standards  applicable under such section 202 at the
time of procurement to that type of  vehicle.
  The conference substitute would reduce  the  authorizations in
the Senate bill as follows: $5 million for the remainder of fiscal
year 1971 and $25 million for fiscal years 1972  and 1973.

           SECTION 241. AIRCRAFT EMISSION STANDARDS

  Under the'House bill  (in a separate part of title  II  of  the
Clean Air Act)  the  Administrator was required to prescribe, as
soon as practicable,  standards applicable to the emission of  any
substance from aircraft or aircraft engines which in his judgment
would, or likely would, cause or contribute to air pollution which
endangers the health or welfare of any persons. The Administra-
tor was required to consult with the Federal Aviation Administra-
tor before prescribing such standards. The House bill required
the Administrator of the Environmental Protection Agency, in

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             STATUTES AND LEGISLATIVE HISTORY         1385

prescribing such standards,  to consider technological feasibility
and  economic costs; to include such requirements  with respect
to manufacturers' warranties on aircraft emission control systems
as are necessary to carry out the purposes of the Act; and  to
make any  such  standard  effective with respect to  any class  of
aircraft or aircraft engines  on such date as the Administrator
determines appropriate after taking into account  such period  of
time as may be  reasonably necessary for compliance.  The House
bill also provided that  the Federal Aviation Administrator would
apply such emission standards  in the certification and inspection
of aircraft and aircraft engines pursuant to his authority under
the Federal  Aviation  Act of  1958. Under  the House  bill, the
States were preempted from adopting or enforcing  any emission
control standard with  respect to aircraft or aircraft  engines  to
which the  Federal  standards would apply.
                                                        [p. 54]

  Under the Senate amendment aircraft and aircraft engine emis-
sions were  treated in a manner substantially similar to that in the
House bill  with  the exception that the Administrator was not
required to consider technological feasibility and economic costs in
prescribing emission standards and that new aircraft and aircraft
engines were subject to certification and compliance  procedures
similar to  those  which would be  applied to new  motor vehicles
and new vehicle engines under section 202 of the Senate amend-
ment.
  The conference substitute requires that the Administrator  of
the Environmental  Protection Agency set forth, after a 180-day
study of the effect  of  aircraft emissions or  air quality, and the
availability of emission control technology, and after public hear-
ings in regions  where air  quality is  most  affected by aircraft
emissions,  standards for such emissions  to take effect after such
time as the  Administrator,  in consultation with the  Secretary
of Transportation, deems necessary to develop and  apply requisite
technology. The  Secretary of Transportation is  required  to en-
force these standards, and States  and  political subdivisions are
prohibited  from adopting or enforcing aircraft emission standards
unless they are identical to standards prescribed under this legis-
lation.

             SECTION 244. AVIATION FUEL STANDARDS

  The House bill amended the Federal Aviation Act to provide for

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1386              LEGAL COMPILATION—Am

the establishment of standards for aviation fuels for the purpose
of controlling or reducing aircraft emissions. The Senate amend-
ment  included no comparable  provision.
  The conference substitute follows the House bill except that the
fuel standards are to be recommended by the Administrator of the
Environmental Protection  Agency.  The Administrator of the
Federal Aviation Administration is  required to  prescribe such
recommended standards.

               SECTION 303. EMERGENCY POWERS
  The House bill retained the provision of existing law (Sec. 108
 (k))  relating to direct action by the Administrator to seek an
injunction to abate pollution which presents an imminent and sub-
stantial endangerment to public health without regard to location
of the source or sources of such pollution.  The  Senate amend-
ment retained substantially the same authority but placed it  in
a new section.
   The conference substitute follows the Senate amendment.

                  SECTION 304. CITIZEN SUITS

   The House bill did not include a provision for citizen suits. The
Senate  amendment  authorized  citizen  suits  against  violators,
government agencies, and the  Administrator to seek abatement of
such  violations or for enforcement of the provisions of the Act.
Notice of thirty days was  required  except in certain  instances.
Discretionary authority was provided to the court to grant reason-
able  attorney and expert witness fees. Other rights to seek en-
forcement of standards under other provision  of law were not
affected.
                                                        [p. 55]

   The conference substitute  retains  provisions for citizen  suits
 with  certain limitations.  Suits  against  the Administrator  are
 limited to alleged failure to perform mandatory  functions to be
 performed by him. Suits against violators, including the United
 States and other government agencies to the extent permitted by
 the Constitution, would also be authorized. Prior to commencing
 any action in the district courts, the  plaintiff must have provided
 the violator, the Administrator and the State  with sixty  days
 notice. If an abatement action is pending and is  being diligently
 pursued in a United States or State  court, such action cannot be

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             STATUTES AND LEGISLATIVE HISTORY         1387

commenced but any party in interest may intervene as a matter
of right.
  No delay following notice is required where there is an alleged
violation of a hazardous emission standard or of an order of the
Administrator. The  conference  substitute  also  provides that
actions respecting  violations by  stationary  sources  are to be
brought in the district  in which the source is located  and estab-
lishes that, in any action, the Administrator may intervene as a
matter of right.
  The courts' discretionary authority to award costs, as provided
in the Senate amendment,  is  retained. In addition  the courts'
discretionary authority to require filing of bond if a  temporary
restraining order or preliminary injunction is sought  is noted.
  The right of persons  (or class of persons)  to seek enforcement
or other  relief under any statute or common law is not affected.

                   SECTION 305. APPEARANCE

  The Senate amendment provided authority for the Administra-
tor to represent himself in court rather than relying  on  the At-
torney General. The  House  bill did  not contain  a similar pro-
vision.
  The conference  substitute provides the Administrator with
authority to represent himself in  a court action if, after notice,
the Administrator determines that the Attorney General will not
act, or will not act soon enough.

              SECTION 306. FEDERAL PROCUREMENT

  The Senate bill amended the Act by adding a new section 306
declaring that any person not in compliance with a Federal court
order issued pursuant to the Act or convicted by a Federal court
for a knowing violation of  an emission standard or limitation
under the Act would not be eligible to enter into procurement
contracts with Federal  agencies, until such time as the Secretary
certifies  that the person has come into compliance. The section
also directed the President to issue an order instructing  Federal
agencies to effectuate the purpose  and policy of the Act in enter-
ing into  contracts,  and in making grants and loans, but further
authorized the President to exempt a particular contract,  loan, or
grant from all or  part of  the provisions of the  section where
necessary in the  interests of the  United States. The  House bill
contained no comparable provisions.

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1388              LEGAL COMPILATION—Am

  The conference substitute is more limited than the Senate pro-
vision. It provides that persons convicted of  a knowing violation
of standards or limitations sha.ll be ineligible to enter into Federal
contracts until  the Administrator  certifies  that the violation has
been corrected.  The remainder of the conference substitute follows
the Senate amend-
                                                        [p. 56]

ment by requiring the President to issue an order requiring Fed-
eral agencies (1) to assist in the implementation of this Act and
(2) to establish sanctions for non-compliance.  Authority is pro-
vided to exempt contracts,  loans,  and grants in the paramount
interest of the  United States from such  sanctions for reasons  of
national security. Such exemptions and other efforts to implement
the Act are to  be reported to the  Congress.

SECTION 307. ADMINISTRATIVE PROCEEDINGS AND JUDICIAL REVIEW

  The Senate bill inserted a  new section  308  in  the Act to  es-
tablish  guidelines and  specify forums  for judicial  review  of
certain  actions of the Secretary provided for under the Act and
the proposed amendments, and provided that  commencement  of
such proceedings would not stay  applicability of  any standard,
requirement, limitation, or waiver which was the  subject of the
Secretary's action. No  comparable  provisions  appeared  in the
House bill.
  The conference substitute includes provisions relating to sub-
penas, specifies the courts in which certain appeals may be pros-
ecuted,  and the circumstances under which additional evidence
may be order by the  courts to be taken by the Administrator.

              SECTION 308. MANDATORY  LICENSING

  The Senate  amendments  contained provisions for the manda-
tory licensing of patents, trade secrets,  and  know-how whenever
the Administrator determined that the achievement of standards
established under specified sections of the Senate amendments re-
quired the utilization of such patents, trade secrets or know-how.
The House bill did not contain comparable  provisions.  The con-
ference substitute is limited to patents. It  would authorize  the
Attorney General  (rather   than  the Administrator)  to  certify
to  a U.S.  District Court that conditions specified in  the  section
 (relating to (1) the need for using the patent to achieve emission
limitations required  by this Act,  (2) the absence of alternative

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              STATUTES AND LEGISLATIVE HISTORY
                      1389
methods to achieve such emissions, and (3)  resulting lessening
of competition  or monopolization)  exist and may  seek  a court
rule requiring licensing on such  reasonable terms and conditions
as the court may determine.

                 SECTION 401.  NOISE POLLUTION
  The Senate bill added a new  Title IV to the Act, which directed
the Secretary of Health, Education, and Welfare  to establish an
Office  of  Noise Abatement and  Control for the  purpose of  in-
vestigating and identifying the sources of noises and effects on
public health and welfare,  and  to  report  to  the President  and
Congress within  one year  of  enactment  the results  of the  in-
vestigation and study.  The Senate amendment also provided a
specific authorization of $30 million to carry out Title IV.  The
House bill made no .provision  respecting noise.
  The conference substitute follows the provisions of the  Senate
amendment.
                                                           [p. 57]

                  SECTION 309.  AUTHORIZATIONS
  The House bill would authorize appropriations of the following
amounts:
               Fiscal Year
                                      Sec.104
                                               Sec. 309
                                                          Total
1971.
1972.
1973
$75,000,000   125,000,000    200,000,000
100,000,000   150,000,000    250,000.000
125,000,000   200,000,000    325,000,000
    Total.
                                     300,000,000   475,000,000
                                                         775,000,000
  The Senate bill would authorize appropriations of the following
amounts:
Fiscal Year
1971 	
1972 	
1973 	

Total. ....

Sec. 104
$125,000 000
150,000 000
	 175,000,000

450,000 000

Sec. 309
150 000,000
250,000,000
325,000,000

725 000,000

Total
275,000,000
400,000,000
500,000,000

1 175 000,000

  It should be noted that the Senate bill would redesignate section
309 as section 317.
  In addition, the Senate bill would  authorize  appropriations of
    526-703 O - 73 - 15

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1390              LEGAL COMPILATION—Am

$15 million under the proposed new section  107  (long-term con-
tracts for research on effects of air pollution) ; $30 million under
Title IV for the Office of Noise Abatement and Control;  and $50
million annually for low emission vehicle procurement.
  The conference substitute adopts the House amount for Fiscal
Year 1971 for Sec. 104 and Sec. 309—a total  of $200 million. For
Fiscal Year 1972 the conference agreement provides for a total of
$350 million of which $125 million is for research on fuels and
vehicles.  For Fiscal Year 1973 the authorization is $150 million
for research under Section 104 out of a total of $450 million. In
addition  the  conference substitute retains $15  million for long
term contracts  for air  pollution effects research under  Section
103, $30 million for funding the Office of Noise Abatement in the
Environmental Protection Agency, and $55 million for low emis-
sion vehicle procurement, $5  million of which is  authorized for
Fiscal Year 1971 and $25 million each for Fiscal Years 1972 and
1973.

                 SECTION 310. POLICY REVIEW

  The Senate amendment provides a statutory requirement that
the Administrator  review and  comment on environmental impact
statements  required by  Public Law  90-190  (The National  En-
vironmental Policy Act). The Senate amendment also required
the Council  on Environmental Quality to review any determina-
tion of environmental impact and make a recommendation to the
President. The House bill had  no such provision.
  The  conference  agreement  follows  substantially  the  Senate
version. The Administrator is  instructed to review and comment
on Federal actions which affect the environment and make such
comments public
                                                       [p. 58]

upon completion of the  review. The  conference substitute elimi-
nates the requirement that  the Council, make a  public recom-
mendation to the President.
                                 HARLEY 0. STAGGERS,
                                 JOHN JARMAN,
                                 PAUL G. ROGERS,
                                 WILLIAM  L. SPRINGER,
                                 ANCHER NELSEN,
                          Managers on the Part of the House.
                                                       [p. 59]

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                STATUTES AND LEGISLATIVE  HISTORY
                               1391
l.lk(4) Congressional Record, Vol.  116 (1970)
l.lk(4)(a)  June  10: Considered and passed House,
     pp. 19200-19244
CLEAN  AIR ACT AMENDMENTS
               OP 1970

  Mr.  MADDEN.  Mr.  Speaker,  by
direction of the Committee  on Rules,
I call up House  Resolution 1069  and
ask for its immediate consideration.
  The  Clerk  read the  resolution as
follows:

               H. RES. 1069
  Resolved,  That upon  the adoption  of  this
resolution  it shall be in order to move  that
the  House resolve  itself  into the Committee
of  the Whole  House  on the State  of the
Union for the consideration of the bill (H.R.
17255)  to  amend the Clean Air  Act  to  pro-
vide for a more effective program to improve
the  quality of the Nation's air. After general
debate, which  shall be confined to the bill
and shall  continue not to exceed two hours,
to  be equally divided  and controlled  by the
chairman  and  ranking minority member of
the Committee  on  Interstate  and  Foreign
Commerce, the bill shall be read for amend-
ment  under  the five-minute rule. It shall be
in  order  to  consider the  amendment in the
nature of a substitute recommended  by the
Committee  on  Interstate  and Foreign  Com-
merce now printed in the bill as an  original
bill for the purpose of amendment  under the
five-minute  rule, and  all points  of  order
against the provisions beginning on page 52,
line 1  through page 53, line 4  of  said  com-
mittee substitute are  hereby  waived.  At the
conclusion of  such consideration,  the  Com-
mittee shall  rise and  report  the bill  to the
House  with  such amendments  as  may  have
been adopted, and any Member  may  demand
a separate vote in the House on any amend-
ment adopted in the Committee  of  the Whole
to  the bill or committee amendment  in the
nature of a substitute. The previous question
shall  be  considered  as  ordered on  the bill
and amendments  thereto  to  final  passage
 without intervening motion  except one mo-
 tion to recommit with or without instructions.

   Mr.   MADDEN.  Mr.   Speaker,  I
 yield  30 minutes to  the  distinguished
gentleman   from   Tennessee    [Mr.
 QUILLEN], pending which  I yield  my-
 self  such time as I may consume.
    Mr. Speaker, House Resolution 1069
provides an open  rule with  2 hours
of general debate for consideration of
H.R.  17255, Clean Air Act  Amend-
ments of  1970. The  resolution  also
provides that  it shall be  in  order to
consider the committee  substitute  as
an original bill for  the  purpose  of
amendment  and  that  all points  of
order  are  waived  against the  pro-
visions beginning on page 52, through
line 4 on  page 53 of  the committee
substitute. Points of order are waived
against the specific language  on pages
52  and 53 because  of the question of
germaneness.
   The purpose  of  H.R.  17255  is to
speed  up,  expand,  and  intensify the
war against air pollution.
   The Secretary of Health, Education,
and Welfare  will  be authorized  and
directed to establish nationwide air
quality standards  and the States will
be  left  free  to  establish   stricter
standards,  if they so desire. Thus, the
war  against  air  pollution  will  be
carried  on  throughout  the  Nation
rather than  only  in particular geo-
graphical areas.
   Within 60  days  after promulgation
of national ambient air quality stand-
ards,  the  Governor  of a State may
file a letter of intent that the  State
will, within 180 days and after public
hearings, adopt a plan  for the imple-
mentation  and enforcement of  such
standards, and the Secretary may ex-
tend  the  180-day  time  period  for
good  cause shown but  not to exceed
an additional 180  days.
   I commend  the  committee for  re-
porting this  legislation  to  eliminate
the disgraceful pollution of the air,
especially in industrial  urban centers.
 The  Calumet region  of Indiana  is

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1392
LEGAL COMPILATION—AIR
making slow progress on air pollution.
Steel  mills, oil  refineries, and  other
air polluters will  welcome both Fed-
eral and State unity to join with local
governments to solve this gigantic air
pollution menace that is endangering
the  health of  millions  of  helpless
citizens  over the  Nation.
  The hill authorizes appropriations
for fiscal year 1971  in the amount of
$200 million, for  fiscal year 1972 in
the amount of $250  million, and  for
fiscal year  1973 in the amount of $325
million.
  Mr.  Speaker,  I urge  the  adoption
of House Resolution 1069.
  Mr.   QUILLEN.  Mr.  Speaker,  I
yield  myself  such  time  as  I may
consume.
  Mr.  Speaker,  the  gentleman from
Indiana  [Mr.   MADDEN]  has  ably
stated  House Resolution  1069  makes
in order consideration  of the  Clean
Air  Act  Amendments  of 1970,  un-
der an  open  rule, 2 hours of debate,
the committee substitute is  made in
order as an original bill for the pur-
pose  of amendment,  and points  of
order are waived against that part of
the committee amendment which  in-
cludes all  of page 52 and the first 4
lines  of page  53 of the bill. This
language, which amends  the Federal
Aviation Act, is  nongermane.
  The purpose of the bill is to speed
up, expand,  and  intensify  the war
against  air pollution in the United
States.   A thorough review of  the
Clean  Air Act  as  presently admin-
istered  indicates  an intensification is
necessary.
  The bill  authorizes the Secretary of
Health,  Education,  and  Welfare  to
establish nationwide air quality stand-
ards  with  the  States  left free  to
establish even  stricter standards  in
their own  boundaries.  No standards
may be less vigorous  than Federal
standards.  For  the five pollutants
which the Secretary already has estab-
               lished criteria—sulfur oxides, particu-
               late matter,  carbon monoxide, hydro-
               carbons, and photochemical oxidants
               •—national standards would be issued
               within  30  days  after  the  date  of
               enactment.   With  respect  to  other
               pollutants, standards  would  be pro-
               posed within 30 days after the criteria
               has been established.
                 Each State  must  file  a letter  of
               intent, that the State will within 180
               days adopt a plan to implement and
               enforce the standards. If a State fails
               to file  a letter or implement the plan
               in 180 days, the Secretary himself may
               institute an  acceptable plan.  The bill
               authorizes the  Secretary  to  test  or
               require to be tested in a  manner  he
               deems   appropriate any  new  motor
               vehicle  or  engine as it comes off the
               assembly  line  in order  to  determine
               whether the  vehicle or engine con-
               forms   with   national   standards,
               already adopted.  Further,  he is au-
               thorized to establish limitations  on  in-
               gredients  of fuels in motor  vehicles
               when  he  deems  it  necessary. The
               Secretary  is given similar authority
               for air  pollutants in aircraft and air-
               craft engines. Under present law, the
               Secretary   does   not  have   such
               authority.  The bill authorizes appro-
               priations  for fiscal year 1971 of ap-
               proximately  $200 million;  1972, $250
               million; 1973,  $325 million.  Of these
               amounts,  $75 million  for  1971, $100
               million  for 1972, and $125 million for
               1973 are  earmarked for research  re-
               lating  to  controlling pollution result-
               ing from the combustion of fuels in
               vehicle  and aircraft engines.
                 There are  no agency reports.
                 Mr.  Speaker, I recently introduced
               a  package of  seven bills on  air and
               water pollution control, a  description
               of which I outline here.
                 H.R.  16024  amends the  Land and
               Conservation Fund Act  of  1965  to
               authorize the sale of surplus Federal
               real property  to any  State, county,

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                STATUTES AND  LEGISLATIVE HISTORY
                               1393
municipality,  or other political sub-
division to be used as a public park or
recreation area. Moreover, any moneys
realized from  these sales in excess of
$54,700,000 a  year will be placed in
the land and water conservation fund
which, in  turn, will be used to provide
additional  park   and   recreational
facilities.
  This bill, when enacted, could trans-
fer vast  amounts  of land  from re-
stricted Federal reservations to much-
needed  recreational  and  park land
available  to all the people.
  H.R.  16025  is concerned with the
burgeoning pollution  problem.  This
bill recognizes  that a pollutant might
reasonably be  considered as a resource
out of  place;  indeed, the  bill  states
clearly  that  pollution of  air,  water,
and land  can  be ameliorated only by
greater use  of reclamation  and re-
cycling  of material from solid wastes
such as metals, plastics,
                           [p. 19200]

ceramics  and   glass,  paper  products,
and the like.
  Failure to reclaim  and recycle ma-
terials  not only causes  pollution  of
all  kinds  but  also  contributes to the
wasteful depletion of primary natural
resources—squandering our heritage,
so  to  speak.   The  reason  for this
failure  is  that we do not  know how
to make the reclamation of materials
economically  advantageous  as  com-
pared  with  using  up  primary re-
sources.  The   problem  is  especially
serious  in regard  to  scrap automo-
biles.
  Thus, this bill  has two  purposes:
First,  to  provide for investigations,
studies, surveys  and  research into
the development of methods for en-
couraging greater reclamation and re-
cycling  materials  from solid wastes;
and, second, to give special considera-
tion to  the problem of motor  vehicle
hulks.
  Now,  who  is  going  to  do these
things and how are they  going to
achieve their goals? This program will
be carried out by the  newly  created
Council on Environmental Quality and
they are  going to develop a carrot and
stick method—that is, they will study
the relative  effectiveness  of  various
types of  incentives, including financial
and tax  relief, along with regulatory
measures to accelerate reclamation or
recycling materials not presently com-
petitive with primary resources. They
will  then  make  recommendations to
the President for legislative  proposals
or executive actions  which will insure
attainment of the goals of this bill.
  H.R.  16026 zeroes in  on air pollu-
tion. This bill amends  the  Clean Air
Act so as to extend  its duration, pro-
vide for national standards of ambient
air quality, expedite enforcement of
air pollution  control  standards,  au-
thorize  regulation of fuels  and fuel
additives, provide for improved con-
trols over motor vehicle emissions, and
to establish  standards applicable to
dangerous emissions  from stationary
sources.
  Briefly,  this  bill   streamlines  the
implementation  required  to  secure
clean  and healthful  air. It  facilitates
direct action by the Federal Govern-
ment  and shortens the length  of time
between  recognition of a source of air
pollution and  its abatement. Perhaps
most  significant, it  establishes  stiff
penalties of $10,000 fine per day per
violation  rather  than the previously
established  fine of  $1,000  maximum
fine per  violation.
  H.R. 16027, H.R.  16028, and  H.R.
16029  are each  concerned  with  the
abatement of water pollution. They
constitute three separate amendments
to the Federal Water Pollution  Con-
trol  Act, each of which  deals  with
vital  areas.
  H.R.  16027  deals primarily  with
grants of money. The first portion of

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1394
LEGAL COMPILATION—AIR
this  bill  updates  and  extends  the
authority  of the Department  of  the
Interior to support and encourage re-
search relating to the causes, control,
and  prevention  of water  pollution.
Grants may also be made for studies
that will  enhance  or protect water
quality,   demonstrate   advances   in
waste water reuse technology, or con-
tribute  to knowledge  concerning  as-
sociated problems.  More specifically,
the  kinds of  research  this bill  is
designed to support are:
  First, practical means of treating
municipal sewage  so as to  maintain
the maximum amount of the Nation's
waters  at a quality suitable for re-
peated reuse;
  Second, methods  and techniques of
identifying  the effects of pollutants
upon water  quality;
  Third, methods and procedures for
evaluating the effects of  augmented
streamflow on water quality;
  Fourth, analyses of bodies of water
with respect to water quality, waste
disposal   practices,  water  uses  and
needs, and water quality management;
  Fifth,   development   of   better
methods  of  managing  storm sewer
discharges ;
  Sixth,  development  of   advanced
waste  treatment  and  waste water
renovation; and
  Seventh,  development of  new and
improved  methods  of managing  in-
dustrial waste  discharges.
  The second  portion of this bill  au-
thorizes   increased  moneys  to   the
States for planning programs  to pre-
vent and  control  water pollution. The
augmentation  in  the size  of these
grants  available   deserves   special
recognition. The original act author-
ized $3 million for each of the years
1957 to 1961. The amounts authorized
for 1961 to  1967 were $5 million, and
from 1967 to 1970  it was $10 million.
This bill  authorizes $12.5 million in
1971;  $15 million  in  1972;  $20 mil-
               lion in 1973; $25 million in 1974; and
               $30 million in 1975. The tremendously
               augmented  moneys speak  eloquently
               for how  important the State role is in
               water pollution abatement.
                  H.R. 16028 is especially significant.
               It  broadens  the scope of the Water
               Quality  Act  in several very meaning-
               ful  ways by  amplifying  both   the
               national policy and the waters subject
               to  enforcement action by the Secre-
               tary of  the Interior.
                  The national policy will  now  em-
               brace not only the concepts of water
               pollution  abatement  and   environ-
               mental quality enhancement, but will
               also  provide  for  planning  future
               water quality management in keeping
               with our Nation's population growth,
               industrial   expansion,   agricultural
               intensification,  energy  requirements,
               recreation and conservation  uses, and
               environmental quality.
                  This  bill  broadens  the  scope of
               waters  under protection  to  include
               not  only interstate  and   navigable
               waters  as  before, but also  ground
               watetrs.
                  These underground water resources
               are an important portion of our water
               supply formerly free from protection
               against  pollution.  This bill  also  pro-
               tects  against  pollution  of the terri-
               torial seas of  the  United  States. The
               high seas beyond the contiguous zone
               are protected  from pollution  trans-
               ported from or  originating in areas
               over which  the  United  States   has
               sovereignty.
                  A third effect  of this  bill is to
               put  sharper teeth into  enforcement
               procedures.   The  existing  Water
               Quality  Act  does not specify penalties
               for violation of  water quality stand-
               ards,  leaving  the  appropriate abate-
               ment  procedures  to  the discretion of
               the courts. This  bill specifies that the
               court may enforce its judgment by
               issuing  an injunction  against activi-
                ties which  cause violation  of  the

-------
                STATUTES  AND LEGISLATIVE HISTORY
                               1395
standards or by levying fines of up to
$10,000 per day for each violation.
  The third water  pollution control
bill, H.R. 16029, is designed to provide
financial assistance for the construc-
tion of waste treatment facilities. The
bill, when  enacted, will  make $4  bil-
lion of Federal moneys available to
States and and municipalities over the
next 4 fiscal years. Further, it requires
that by January  1973, the Congress
shall  receive  from  the  President  a
report on  the  financial  requirements
for construction  of  waste treatment
facilities for fiscal years  1975 through
1979,  thus  assuring p/rogram  con-
tinuity  throughout the  next  decade.
  This bill also adds  flexibility to the
ways  that  these moneys  can  be  made
available by permitting the Federal
Government to  incur obligations in the
form  of grant  agreements as well as
by direct granting.
  H.R. 16030 establishes an Environ-
mental Financing Authority  to assist
in the financing of  waste treatment
facilities.  The  purpose  of this  bill
is to  assure  that  the  inability  to
borrow necessary funds at reasonable
rates  does  not prevent any  State  or
municipality from constructing waste
treatment   works   authorized   and
financed  with the aid of grants  pro-
vided  by the Secretary of the Interior,
as just  described.  This authority will
be a  federally insured  agency  and
occupy  a  statutory  position parallel
to that  of the  well-known  Federal
National  Mortgage  Association  and
the Government National Mortgage
Association.
  The impact  of this Environmental
Financing  Authority  is hard to  over-
estimate because many municipalities,
especially  those  with  limited   tax
bases, are unable to supply their share
of the  money  needed  to  construct
waste treatment facilities. Bond issues
in these days  of high interest  rates
have  met  increasingly with  failure.
These  forces  have  combined   to
frustrate  achievement of the national
goal of water free from pollution.
  I take great pride in presenting a
discussion   of these  administration
bills to you. Each of them is a major
step forward in the preservation  and
enhancement  of  our   environment;
together they are a dynamic, effective
program of great value  to the people
of  the United  States.
  Mr.  Speaker,  I  have no  further
requests for time,  but I reserve  the
balance of my time.
  I urge  the  adoption of the resolu-
tion and the bill.
  Mr.  MADDEN. Mr. Speaker, I yield
5  minutes  to the  gentleman  from
New York [Mr. FARBSTEIN] ,
  Mr.  FARBSTEIN. Mr.  Speaker, I
want  to thank  the  gentleman from
Indiana [Mr. MADDEN]  for yielding
me  this time.
  Mr.  Speaker, I rise in opposition to
the rule on H.R. 17255, the  Clean  Air
Act Amendments  of   1970.  I   am
opposing  the  rule   because  of  the
undue  haste with which this  bill is
being  brought to  the  floor  of  the
House. Less than 24 hours' notice  has
been given  and  a committee hearing
record is not yet available.
  I am opposing the rule because I
believe  that  the  Members of  this
House should have had  more than a
few hours  to  consider a bill as com-
plex  and   as vital  to  the  Nation's
health and  welfare  as  this one.  The
number of ineffective pieces of envi-
ronmental  protection  legislation   at
                          [p. 19201]
the State, local, and Federal level,
is  legion.  Given  the complexity  of
such  legislation,  it  is  perhaps   not
surprising that  so  many legislatures
have failed to keep  their promises. I
do  not want  this  House  to fail.  I
believe that a mere 24 hours' notice of
such an important measure is totally
inadequate. I urge the House to delay

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1396
LEGAL COMPILATION—AIR
consideration  of this bill  until the
Members have an opportunity to give
it  the  careful  thought and  scrutiny
it  demands.
  Hundreds of young men and women,
and  also many  oldeir people as well,
intended to come  to Washington at
their own expense, many from  great
distance, to work within the system to
let the  Congress know of their concern
that the blight  of  the internal com-
bustion engine should be ended. The
focus of their interest was to be H.R.
17255  and  four amendments  to  be
offered to the bill.
   Unfortunately,    through    those
actions  which  sometimes  happen in
the U.S. Congress, these fine  people
will  not have their chance to speak
their minds; nor will the  Members of
the  House have the  benefit of their
thoughts  and   the  opportunity  to
reflect  on the many complex problems
involved in this legislation.
  The   issues  raised by  these four
amendments, whether one agrees or
disagrees with them, are fundamental
and  have  far-reaching'   implications
for the Nation's environment and its
transportation   system. The  amend-
ments  deserve  careful  scrutiny and
enlightened and informed debate.
  Mr.   Speaker,  the Nation is be-
coming accustomed to  air  pollution
legislation  so  riddled  with loopholes
and  delays as to be unworkable. Two
and  one-half  years  ago  the  House
unanimously passed the  Air  Quality
Act  of  1967. Since  that time not one
smokestack has  been cleaned up; and
up  to  80  percent  of auto  emission
control  devices  fail  to   function
properly after  11,000 miles  of  per-
formance. As  a result of inadequate
legislation  and administration, the
pollution  of  our  air  has  increased.
This bill, as reported from committee,
makes  many small  improvements to
the present legislation. But none of
these improvements is enough to curb
               the  rising  levels  of environmental
               poison. I had hoped to strengthen at
               least  one  part  of this bill, and help
               solve  at least  one-half the problem,
               the half,  or rather 60 percent con-
               tributed by the  automobiles. This does
               not mean that  I am at all satisfied
               with the still too weak provisions for
               stationary sources, the factories  and
               powerplants.
                 Mr. Speaker, I do not want to vote
               against air pollution control  legisla-
               tion. But we have already  broken too
               many  promises  to  the   American
               people. 1 urge my colleagues to oppose
               the rule  so  that after due considera-
               tion,  we  may  at least  present  the
               American people with half a solution.
                 One  of  the  amendments  would
               adopt as minimum national standards
               for  auto  emissions  the   standards
               already adopted and approved by Cali-
               fornia for 1971, 1972, and  1974 model
               cars.
                 A second would authorize voluntary
               testing  of devices  driven  over 4,000
               miles, with the Federal Government
               empowered  to  require  the auto  in-
               dustry to correct patterns of defects
               uncovered.
                 A third would  substitute the  far
               superior fuel additive regulation pro-
               visions recommended  by the adminis-
               tration for the  almost totally unwork-
               able provision  in  the committee bill.
                 The final amendment would estab-
               lish auto emission standards beginning
               in 1975, based on the  cleanest  feasible
               propulsion  system,  rather than  on
               what  the  internal combustion engine
               can achieve.
                 Should the House nevertheless vote
               to consider the  bill today,  I hope and
               trust  that the  Members of the House
               will  make  the  sustained  effort  to
               consider  these  amendments and  will
               then join with  me in supporting their
               adoption on the floor.
                 Mr. MADDEN. Mr.  Speaker,  will
               the gentleman yield?

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               STATUTES  AND LEGISLATIVE  HISTORY
                             1397
  Mr.  FAKBSTEIN. I  yield to the
gentleman.
  Mr.  MADDEN.   Mr.   Speaker,  I
think the gentleman overlooks the fact
that this  is an  open rule  and the
gentleman  can offer any amendment
he desires during debate in the  Com-
mittee of the Whole House.
  Mr.  FARBSTEIN.  I  appreciate
that and that  is the reason for my
last statement.  However,  there was no
notice given on this legislation; it was
not programed. In addition, I am vot-
ing against the rule because I feel
this  bill should be put over in  order
that Members  of  Congress  and the
people of  the  United  States  might
know what  legislation is coming up.
  Mr.  MADDEN.  Mr.  Speaker, will
the gentleman yield?
  Mr.  FAKBSTEIN. I  yield to the
gentleman.
  Mr. MADDEN. As I understand it,
it was the purpose of the  leadership to
call up the postal reform bill today on
the floor. But yesterday the Committee
on Rules, of which  I am  a member,
was holding hearings from 10:30 a.m.
to 4:30 p.m. and we were unable to
get the bill  reported out. We are still
holding  hearings   upstairs  on the
postal reform bill and had it not been
for the long Rules Committee hearing
on postal  reform this  bill would not
have been up for consideration today.
  Mr.  Speaker, I yield 3  minutes to
the gentleman  from New  York  [Mr.
RYAN].
  Mr. RYAN.  Mr. Speaker,  I believe
the  gentleman from  New  York  is
exactly right on this question.
  The degradation and contamination
of our  environment and  the conse-
quent effects upon the health of our
citizens is  a paramount issue.  Far-
reaching legislation is  essential to
preserve  the quality of  our environ-
ment.
  In  1967,  the Clean Air Act was
passed unanimously, I  believe; it has
not sufficiently reached the problems
to which it was addressed. The reason
that it has not been more effective is
probably because it was too  noncon-
troversial.   It   satisfied  too  many
interests  to  the  detriment  of  the
public.
   Strong legislation is necessary. The
Secretary would be empowered to set
national emission standards  for all
stationary  sources  and not  just  for
new sources. H.R. 17255 applies  only
to new sources which  endanger  the
public health and welfare—a far too
restrictive  test. The test  should be
whether or not  any  source—old or
new—contributes to the deterioration
of environmental quality.
   I believe the Secretary should have
the power  to  issue court enforceable
cease  and   desist   orders   against
polluters  as  my  bill,  H.R.  17113,
provides.
   Several of us had intended  to offer
strengthening    amendments,   which
would have been circulated in advance
to the Members of the  House so  that
they  would have  an opportunity to
consider them  fully  and to be  pre-
pared  to discuss them  and to  debate
them.  I  prefer  the  approach  of  my
bill,  H.R. 17113, and might  want to
offer  it as  a substitute.
   The lateness  with which  this  bill
was  scheduled, not having been  pro-
gramed until late yesterday afternoon,
makes that impossible.
   I   believe   the   procedure  under
which this bill is now being brought to
the floor does a disservice to the Mem-
bers of the House. We are  entitled, it
seems to  me, at least  to  notice  the
previous week when the  leadership
intends to bring up a very important
piece of legislation.  If, in fact,  the
leadership found there were no other
bills  scheduled  today,  so   be  it.
It is more important  that  we  act
thoroughly, with careful scrutiny, than
simply  programing  a  bill  in order

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1398
LEGAL COMPILATION—AIR
to have  something  to  do.  Members
should have sufficient  notice for the
consideration of major legislation.
  Public  concern about air pollution
is so great that there is a groundswell
of  support  for strong  legislation.
There should be enough notice for the
public  to let  Congress  know  their
feelings.
  Beyond that, I am  informed that
the hearings are not available.
  Mr. SPRINGER. Mr. Speaker, will
the gentleman from Indiana yield?
  Mr. MADDEN. I yield to the gentle-
man from Illinois.
  Mr. SPRINGER. I have in my hand
a  copy  of the  hearings.  They have
been on the desk for the Members of
the House.
  Mr. RYAN. The hearings were not
available to  my office this morning.
They may be  here  now. I am glad
they are.
  Mr. VAN DEERLIN. Mr. Speaker,
will the gentleman yield?
  Mr. MADDEN. I yield to the gentle-
man from California.
  Mr. VAN DEERLIN. Mr. Speaker,
I can well  understand the problems
that the  Rules  Committee and the
leadership both encountered yesterday,
and I concede  it would not look well
for the House on a Wednesday, in the
month of June,  to  be virtually idle.
However, both as a Californian and
as  a member  of the Committee on
Interstate  and Foreign Commerce,  I
do somewhat resent  the idea that this
very  important  piece of  legislation
should be considered as  a sort of
stopgap  activity, a  backup piece of
business  for the House of Representa-
tives—something to  be considering on
such short notice.
   For that reason,  for the first time
in my 8 years in this body, I intend to
observe the absence of a quorum when
we come to a vote on  the rule.
   Mr. ALBERT. Mr.  Speaker, will
the gentleman  yield?
                 Mr.  MADDEN.   I  yield  to  the
               majority leader.
                 Mr.  ALBERT.  Mr.   Speaker,   I
               certainly want to be among the  first
               to recognize
                                         [p. 19202]

               the interest which the three gentlemen
               who have spoken in opposition to this
               rule have had over the years on this
               subject. The  record  speaks for itself.
               I am sure that  no  Member  is  more
               conscientious  or  devoted  to  clean
               air than  they. I agree with them that
               this is an important  subject, one  of
               the  most important  confronting the
               human race.
                 I also agree that in  all instances  as
               much  notice  as possible should  be
               given to  the House. I must call to the
               attention of the House the fact, how-
               ever, that we did take extraordinary
               caution in announcing  the  program
               last week. Not  only did  the  whip
               notice  contain   the   usual  reserva-
               tion that any  further program  may
               be announced later, but we did specifi-
               cally point out that there  had  been
               programed, and that perhaps it would
               be  brought  up  on Wednesday, the
               postal reform bill, but that in case a
               rule was not granted, we would an-
               nounce another program  for Wednes-
               day. I at first considered the Emer-
               gency  Housing  Amendments, but the
               distinguished  chairman  of the  com-
               mittee was not  ready to go to the
               Rules Committee on that matter.
                 The distinguished  gentleman   from
               Florida  [Mr. SIKES]  stated  that  he
               could be  ready on  the  military con-
               struction authorization bill for today,
               but it was requested by a number  of
               Members—and  this  was specifically
               brought  to  my  attention before  we
               had made any arrangements to change
               the program  or to add to the program
               —to give an extra day on this bill
               because  there  was  a highly contro-
               versial item  in it. In order to accom-

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                STATUTES AND  LEGISLATIVE HISTORY
                              1399
modate  Members  who  wanted that
extra time,  I  decided  to  heed the
petitions of the gentleman from West
Virginia  and  the   gentleman  from
Florida  to  program the  clean air bill,
particularly in  view of  the  fact that
they advised  me that it had come out
of the committee unanimously.
  That  is the reason the bill was pro-
gramed. It  was one bill  that  had
come out unanimously  and the com-
mittee chairman was seeking to have
it programed. Whether I was right or
wrong,  that  is what happened,  and
after I  promised the gentleman from
West Virginia  that  I would program
the  bill, and we did have this  day
free, I  did it.
  I hope my colleagues, even though
they are  entitled  normally to  more
notice than this,  will realize  we did
give special  notice  that the program
might have  to be  changed. We did
announce when we made the program
announcement that  any bill that had
a rule would be eligible for substitu-
tion. To that extent I think I  should
rise in defense of the procedure which
we  have used.
      *****
  Mr. Speaker, I move the previous
question on the resolution.
  The previous question was ordered.
  The SPEAKER pro  tempore [Mr.
GRAY].  The question is  on the resolu-
tion.
  The  question was taken; and the
Speaker pro  tempore announced that
the  ayes appeared  to have it.
  Mr. FARBSTEIN. Mr. Speaker,  I
object to the vote on the ground that
a quorum is not present and make the
point of order  that  a quorum is not
present.
  The SPEAKER pro  tempore. Evi-
dently a quorum is  not present.
  The Doorkeeper will close the doors,
the  Sergeant  at  Arms  will  notify
absent Members, and  the  Clerk  will
call the roll.
  The question was taken; and there
were—yeas  336, nays  40, not voting
53, * * *.
  So the resolution was agreed to.
                          [p. 19203]

  Mr.  STAGGERS.  Mr.  Speaker, I
move that the House resolve itself into
the Committee of the Whole House on
the State of the Union for the consid-
eration  of the bill (H.R.  17255) to
amend the Clean Air  Act  to provide
for a more  effective program to im-
prove the quality of the Nation's air.
  The SPEAKER pro tempore.  The
queston is on the motion  offered by
gentleman from West  Virginia.
  The motion was agreed  to.

  IN THE COMMITTEE OF THE WHOLE

  Accordingly  the  House  resolved
itself  into the Committee of the Whole
House on the  State of the  Union  for
the consideration  of  the bill  (H.R.
17255)  with Mr.  GALLAGHER in  the
chair.
  The Clerk read the title of the bill.
  By  unanimous  consent,  the  first
reading of the bill was  dispensed with.
  The CHAIRMAN. Under the rule,
the gentleman from   West  Virginia
[Mr. STAGGERS] will be recognized for
1 hour  and  the gentleman from  Illi-
nois  [Mr. SPRINGER]  will  be  recog-
nized  for  1  hour.
  The Chair  recognizes the  gentle-
man from West Virginia.
  Mr.  STAGGERS. Mr.  Chairman, I
yield  myself whatever time  I might
require to explain the bill.
  Mr. Chairman,  first I would  like
to say there seems to have been some
controversy  over the  rule.  I do  not
believe there is going  to be this kind
of controversy over  the  bill, because
the bill has  been well  considered, and
it has  been  given  ample  hearings.
Many amendments were offered. Those

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1400
LEGAL COMPILATION—Am
amendments  were  either adopted  or
voted  down  in the  committee.  The
hearings  started  in  December 1969
and  proceeded  through April of this
year over a period of almost 4 months.
  As I said,  I  do  not believe there is
any controversy over the bill itself. I
know some  amendments will  be  of-
fered. We of the committee  would  be
very happy for them to be offered and
considered and in the proper way
either voted up or voted down.
  Air pollution in the  United  States
is  the  result  of  pollution   from
numerous highly  diversified sources.
They range  from millions  of auto-
mobiles driven on city streets on inter-
state highways to  a relatively limited
number of facilities and plants which
are large-scale polluters such as  power-
plants burning coal or  fuel oil.
  In fashioning effective strategies in
the  campaign  for clean air  in the
United States, the different pollutants
which affect our health  and welfare in
different ways and in varying degrees
of severity,  and the different sources
from -which  they  emanate  must  be
controlled.
  Every Member of this House knows
we have  had ample publicity not only
in the newspapers and magazines, but
also  on  TV  and  radio  and through
other media  showing the dangers  of
the  environment and  to our  health.
That is  one  of the reasons this bill
is before the House now, the  fact that
recognition has been given  to these
dangers.
  The original  act was enacted  in
1955. It authorized research, and then
in 1963,  some  beginning was made
with regulation. Actually it was not
until 1967, however, that the first bill
of   any   consequence   passed  this
House. So this program  has been  in
operation for only 3 short years.
  I would be the  first  to admit that
not enough has been done under the
present law.  That  is the reason why
               we have come here with  a new bill
               changing  the   authority  of   the
               agencies, changing the  procedures by
               which regulations will be adopted, and
               certainly  cutting  down on  the  time
               during  which  these things will be
               done.
                  Effective technologies to reduce or
               eliminate particular pollutants must
               be developed. Many people  think these
               have already been developed and can
               be put into effect, but this  is not  true.
               That is  the reason  why almost  half
               the money in this bill is for research
               and development.  For instance,  in
               checking on automobile  air pollutants,
               it takes  an  average of about 9 to 13
               hours to conduct checks  to see whether
               a  car  meets the required  standards.
               We  are  hopeful that under this bill
               there  will   be  developed  effective
               machinery to test cars  within  a  very
               short time on the assembly lines or at
               test stations. That cannot  be  done
               now. It  requires  entirely new   test
               methods.
                  As I said, really the first regulatory
               legislation was  enacted in 1967. We
               have to   develop  the   technology  to
               carry  out the  new legislation  now
               before us.
                  While  the basic  strategies  in the
               Nation's   war  against  air  pollution
               must be  developed  in  a unified  and
               consistent way by the  Federal  Gov-
               ernment,  the   implementation   and
               enforcement  of these  strategies will
               have to  be  effected in every  com-
               munity in the United  States.  There-
               fore, prompt  and  effective  regional,
               State,  and local efforts are needed to
               win the campaign for clean  air.
                  If we left it all to the Federal  Gov-
               ernment, we would have about every-
               body on  the  payroll of  the  United
               States. We know this is not practical.
               Therefore, the  Federal Government
               sets the  standards, we  tell the States
               what they must do and what stand-
               ards they must meet. These standards

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                STATUTES  AND LEGISLATIVE  HISTORY
                               1401
must be put into effect by the com-
munities and the States, and we expect
them to have the men to do the actual
enforcing.
  While a start has been made in con-
trolling air pollution since the enact-
ment of the Air Quality Act of 1967,
progress has  been regrettably slow.
This  has been due  to a  number  of
factors: First, cumbersome and time-
consuming  procedures called for under
the 1967 act; second, inadequate fund-
ing on Federal, State, and local levels;
third, scarcity of skilled personnel to
enforce control measures;  fourth, in-
adequacy of available test and control
technologies;   fifth,    organizational
problems on the  Federal level where
air  pollution  control  has  not been
accorded a  sufficiently  high priority,
and  sixth,  last but not  least, failure
on the part of the National Air Pollu-
tion Control Administration to demon-
strate  sufficient  aggressiveness   in
implementing  present  law.
  On the other  hand, the picture is
not  entirely bleak. Citizens  and offi-
cials on the grassroot level  throughout
the   United  States   have  become
seriously aroused  over the threat  of
air pollution to health and well-being
and they are anxious to have stringent
controls   imposed    and    enforced
effectively  at  the  earliest   possible
date.
  It is  also important  to  note  that
some industries have become aware of
the need for effective pollution control
measures.   This  ground   swell   is
important  if we  are to secure clean
air everywhere in the United States,
and  it is important that this  momen-
tum not be lost.
  Therefore, it  is  urgent that Con-
gress adopt new clean  air legislation
which  will  make possible  the more
expedious imposition of  specific emis-
sion standards both  for mobile and
stationary  sources and  the effective
enforcement of such standards by both
State and Federal agencies.
  Mr.  FARBSTEIN. Mr. Chairman,
will the gentleman yield?
  Mr.  STAGGERS.  I  am  happy  to
yield  to  the  gentleman from  New
York.
  Mr. FARBSTEIN. Will the  gentle-
man please tell me why  it is the entire
Nation  cannot have the  same stand-
ards the  State of California  has  in
connection with the reduction of pollu-
tion that comes from the internal  com-
bustion engine?  California  had  dif-
ferent standards for 1971,  1972, and
1974, yet under this  bill  the same
standards exist  up  until 1975.  The
California standards are much more
stringent.  I  would  appreciate   the
gentleman telling me why the  rest of
the  Nation  cannot  have  the same
standards as  California.
  Mr.  STAGGERS.  I  should  like  to
make my statement first, because this
is a  part of our presentation. I will
answer  the  gentleman  when  I  get
through,  if  the  gentleman  does  not
mind.
  The imposition of  national ambient
air quality  standards  and declaring
each State as an air quality  control
region  are  steps aimed toward  the
achievement   of  those  objectives.
Effective  pollution  control  requires
both  reduction  of present  pollution
and  prevention  of  new significant
pollution  problems.
  Therefore,   particular  attention
must be  given  to  new stationary
sources which are known to be either
particularly  large-scale polluters  or
where the pollutants are extrahazard-
ous.  The legislation,  therefore, grants
authority to the  Secretary of Health,
Education, and  Welfare to  establish
emission  standards  for  any  such
sources which either in the
                           [p. 19204]

form of entire new facilities or in the

-------
1402
LEGAL  COMPILATION—AIR
form of expanded or modified  facili-
ties, or because of expanded or mod-
ified operations  or capacity constitute
new sources of substantially increased
pollution.
  Automotive pollution  constitutes in
excess of  (50 percent of our  national
air pollution  problem and such pol-
lution is particularly dangerous in the
highly urbanized areas of our country.
Therefore,  increased attention  must
be paid to that  source of pollution by
insisting  on  the  kinds  of  motor  ve-
hicles and  fuels which  would reduce
pollution  to  minimal levels.
  The committee hopes  that the auto-
mobile  manufacturers will  not limit
their choice  of antipollution devices to
those developed  by them in-house, and
that  the  two great  industries—auto-
mobile manufacturers and automotive
fuel producers—will join  hands to de-
velop  the  most  effective  technologies.
The  Government is  not  particularly
well  equipped to  design  cars  oir to
determine  the  composition of  fuels
appropriate toward  these ends.  How-
ever, Congress would be derelict if it
did not vest in the Government appro-
priate residual authority with regard
to vehicles and fuels to  make the nec-
essary  decisions  should  members  of
these industries fail to do so on their
own.

  The legislation, therefore, provides for more
stringent  testing  of automobiles. Such  test-
ing is not limited,  as heretofore,  to the  test-
ing of prototypes.  Such testing  will continue
but the tests  should  require  each prototype
rather  than  the  average of  prototypes to
comply with  regulations establishing emission
standards.
  In addition to prototype testing, daily  test-
ing either  on  a sampling or car-by-car basis
will  be  required  of vehicles  as they come
off  the  assembly  lines.  If  such tests  raise
reasonable  questions  of  compliance with  ap-
plicable  emission  standards,  the Secretary
may suspend  or revoke the  certificate.  He
may,  however,  issue  certificates  for  those
cars which  actually comply  with the  regula-
tions in effect at that time.
  The manufacturers must  warrant that the
vehicles have control systems  or devices sub-
                 stantially  of  the  same construction  as  the
                 systems and devices on the prototype vehi-
                 cles  for which a  certificate  has been issued.
                 Labels or  tags must  be  permanently affixed
                 to the vehicles or engines that  are  covered
                 by  a  certificate.   Such labels  or  tags must
                 contain  such  additional information  as  the
                 Secretary may prescribe.
                  In  authorizing   the  Secretary to prescribe
                 limitations  for  automotive  fuel  ingredients,
                 the committee has conditioned  the Secretary's
                 authority by requiring  specific  findings based
                 on specified evidence. The committee has done
                 this  for the  purpose  of  assuring that such
                 limitations will not be imposed  lightly  if other
                 equally satisfactory alternatives are available.
                   In addition,  the  legislation provides
                 for  aircraft emission  standards. The
                 Secretary  of  Health,  Education,  and
                 Welfare  is  authorized and directed  to
                 establish,  after consultation  regard
                 ing  safety  aspects with  the  Federal
                 Aviation    Administrator,   emission
                 standards  for  aircraft and aircraft
                 engines.  Such  standards would  be en-
                 forced by the  Administrator  in the
                 certification and inspection of aircraft
                 or aircraft engines pursuant  to his
                 authority under the Federal Aviation
                 Act of 1958.
                   The Administrator  would  also  be
                 authorized to prescribe standards gov-
                 erning the composition of  any aircraft
                 fuel or fuel additive for  the  purpose
                 of  achieving   the  aircraft  emission
                 standards  established  by the  Secre-
                 tary of  Health, Education,  and Wel-
                 fare.  The  authority of  the  Secretary
                 to establish emission standards  would
                 preempt State authority  to  establish
                 or  enforce any   aircraft   emission
                 standards.
                   Under  present  law  the  Secretary
                 does  not  have authority  to  establish
                 such  standards although  the  aircraft
                 industry  has   voluntarily agreed  to
                 abate smoke emissions.
                   Furthermore, the   legislation con-
                 tains special provisions  to combat pol-
                 lution from Federal  facilities.  It  di-
                 rects  Federal agencies in the executive,
                 legislative,  and judicial  branches  to
                 comply with applicable Federal, State,

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                STATUTES AND  LEGISLATIVE  HISTORY
                               1403
interstate, and  local emission  stand-
ards. The Secretary is  authorized to
exempt any facility on a year-by-year
basis. The Secretary is to report each
January  to the Congress all  exemp-
tions granted  during  the  preceding
calendar year,  together  with the rea-
son for granting each such exemption.
  Instead of exercising  leadership in
controlling  or  eliminating  air pollu-
tion  the  Federal  Government  has
tended to be slow in this respect. The
foregoing provisions are designed to
reverse  this tendency.  The level  of
appropriations  available for the modi-
fication of Federal facilities to elimi-
nate or reduce  air pollution has been
inadequate.
  The committee  hopes  that the Ad-
ministration will  seek  and the Con-
gress  will  provide  adequate  appro-
priations to remedy  this unfortunate
situation.
  The legislation would extend author-
izations  for appropriations through
fiscal year  1973.  The bill authorizes
appropriations   for  the  fiscal  year
1971, totaling  $200  million,  for the
fiscal year 1972, $250 million, and for
the fiscal year  1973, $325 million.  Of
these amounts,  $75 million for 1971,
$100 million for 1972, and $125  million
for 1973 are earmarked for research
relating to controlling  pollution re-
sulting  from the combustion of fuels.
These authorizations constitute a sub-
stantial  increase over and  above the
level  of  appropriations  authorized
during the preceding years.  The high-
est  amount authorized  for  any  one
fiscal  year—fiscal  year  1969—was
$185 million.
  The Subcommittee  on Public  Health
and  Welfare held  extensive hearings
on  the  problems  dealt  with  in this
legislation. The provisions of the bill
were fashioned  on  the  basis  of  the
testimony received in these hearings.
I am proud to say that the subcommit-
tee  has done an outstanding job and
our full  committee found it necessary
to make  relatively few changes in the
bill reported unanimously by  the sub-
committee.  Our  full  committee like-
wise voted unanimously to report the
bill,  although three members of  our
committee, as will be  seen from their
additional views appended to  the com-
mittee report, would have   liked  to
have  gone still further  than  the  full
committee  felt was warranted at this
time.
  I hope the House will give its sup-
port to this legislation so that the war
against  air  pollution  in the  United
States may be speeded  up, expanded
and intensified, and  that the air we
breathe  throughout the  Nation will
be wholesome once again.
  Mr. Chairman, I will say to  the
Members of  the  Committee  of  the
Whole House  on  the State  of  the
Union that this is  a very strong bill,
as strong as it could  be made at  the
present  time. Undoubtedly,   as time
goes by  there will  be  more stringent
laws and standards and  requirements.
I think it is a good bill. I think it has
been  well considered by  the  subcom-
mittee and,  as  I  said, the  hearing
started back in December and ended
in April. I think  they did a good  job
and I recommend the  passage of  the
bill to the House.
  Mr.  MAHON.  Mr.  Chairman, will
the chairman yield?
  Mo-.  STAGGERS. Yes, I   yield  to
the gentleman from Texas.
  Mr. M A.HON.  I  represent  an area
which  has a number  of  cotton gins.
There  are also carbon  black plants
in the area. The operators  of these
industrial  establishments have some
concern about legislation relating  to
clean  air. Of course,  I  think we all
are very much  interested  in  doing
whatever is  reasonably possible  to
improve  the quality of the air in  the
United States.
  In the opinion of the chairman  of

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1404
LEGAL COMPILATION—Are
the committee, is  there  anything in
this bill  that  would tend to be con-
fiscatory at all with respect to an in-
dustry such as the  ones  to  which  I
have made reference?
  Mr.  STAGGERS. In  response  to
the gentleman from  Texas  I would
say this, that  the States must set up
a plan which  must meet the Federal
standards  established  by the Secre-
tary.  In  establishing the   emission
standards I am sure the States will
take into consideration the particular
problems of air quality control which
exist in particular  areas. This ques-
tion will be left up  primarily to the
States.
  Mr. MAHON. I thank the gentle-
man.
  Mr. STAGGERS.  There will  have
to be ambient air quality standards
for all of America and these standards
which the  States  will have  to  meet
will be set up by the Secretary.
  Now, Mr. Chairman, in response to
the statement  of the gentleman  from
New York  [Mr. FARBSTEIN], I might
say any State can have more string-
ent ambient air quality  standards if
they want  to.  If a State plan is pre-
sented  to the  Secretary,  to carry out
such stricter standard, I  am sure it
will be approved.  I  hope the gentle-
man is  listening because no one is
preventing  any State  from having
stronger  standards and a State  plan
designed  to carry out such standards.
  We would hope that this  will take
care of any State that says they have
peculiar problems. We are not hold-
ing them back, but we say that  all of
the States  must comply with the na-
tionwide  standards. We think that at
the present time  this is  the best we
can do.  If  any State wants  stronger
standards,  we  think it will know best
what  it  should do  and  how far it
should go.  But if any State  does not
come  up with a State  plan to the
satisfaction of the  Federal  Govern-
               ment  then the Federal  Government
               will step in and establish a plan for
               such State.
                                         [p. 19205]

                 Mr. FARBSTEIN.  Mr.  Chairman,
               will the gentleman yield further?
                 Mr.  STAGGERS. I  yield  to  the
               gentleman from New York.
                 Mr. FARBSTEIN.  Mr.  Chairman,
               can the gentleman from West Virginia
               envision the city  of Detroit restrict-
               ing the  numbers of internal combus-
               tion engines? Does not the gentleman
               realize	
                 Mr. STAGGERS. Mr.  Chairman, I
               would interrupt the gentleman from
               New York for just one moment be-
               cause I want to answer that question,
               which is a question I know he wants
               to make a speech about, and  that is
               automobiles.
                 But I would say  to the  gentleman
               that we do have standards here, and
               we  will inspect,  if necessary,  each
               and every motor vehicle engine that
               comes off the assembly line to see that
               the engines that come off the  assem-
               bly line meet the qualifications so as
               to be assured they will meet the emis-
               sion standards. We will  not just have
               the prototypes tested but the cars as
               they come off  the assembly lines.
                 Mr. SPRINGER.  Mr. Chairman, I
               yield myself such time as I may con-
               sume.
                 Mr.  Chairman, in  1967 Congress
               passed a  comprehensive air  quality
               act which  imposed  duties upon  the
               Federal Government and the  States
               in regard  to improving the air which
               surrounds  us.  It was a good law and
               it  probably would  work out  if left
               alone. Since that time  we have be-
               come increasingly impatient with de-
               lay in this vital area and  so we are
               here today to reshuffle the cards and
               deal  out new  responsibilities.  In do-
               ing so we  must recognize that  no law
               can create clean air. No  governmental

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                STATUTES  AND LEGISLATIVE  HISTORY
                               1405
organization, no bureau,  no adminis-
trator can order clean air into being.
It is a long process which is neces-
sarily limited by what we  know and
the  technology  for  attacking   the
problem.
  Because we are impatient there has
been a tendency to look for scapegoats.
It is easy to point fingers at elements
in our society and decry  their activi-
ties  as shortsighted and  dangerous.
It is more difficult to acknowledge
that our environment is basically  the
result of  all of us  enjoying the way
of life we have collectively  developed.
If we allow ourselves  the  luxury  of
electing  victims  of our  ardor  for
changes and demanding results which
cannot be achieved we will be undoing
the  cause of clean  air rather than
advancing it.  As legislators we have
a duty to look at the problem in  the
broadest  way  and  choose solutions
that will  make ultimate sense. Prob-
ably no piece of legislation  is perfect
and  Members of this  House  as well
as individual citizens  may honestly
differ as  to  what can  reasonably  be
accomplished at this time.  We Want
to act boldly but we  must  not  act
rashly.
  The bill which  is brought  to the
floor today by the Commerce Commit-
tee is the  best thinking of a group  of
your colleagues who  have been wrest-
ling with this problem in Congress for
many  years  now.   Legislation con-
cerning clean  air did  not suddenly
erupt  a  year  or  two  ago. On the
contrary,  this House has passed pro-
gressively ambitious  legislation in the
field  since 1955. In  that  year Presi-
dent Eisenhower suggested, and Con-
gress passed, Public Law 84-159 which
provided for research  and technical
assistance to States  and communities
in identifying and attacking air pol-
lution problems. Research studies and
congressional hearings  went on over
the next few years  and the program
was extended in 1959. A year latea- an
addition to the legislation was made to
recognize  the   emerging  realization
that automobile exhaust had become
one  of the major contributing causes
of air pollution. During the next ad-
ministration   these   auto  exhaust
studies were extended.
  In 1963 the first general provisions
for abatement and  control were writ-
ten  into law. They were in  the form
of grants to encourage and assist local
governments  in attacking the problem
and  at the same time urging Federal
installations to  lead the way.
  In 1965  Public Law 89-272  autho-
rized the Department  of Health, Ed-
ucation, and Welfare to prescribe na-
tional  standards  for  motor vehicle
emissions.  In addition, research into
control methods for sulfur oxides was
launched. A year later we added as-
sistance by way of grants to help run
local control  agencies  as well  as es-
tablish  them.
  Now  we come to the Air Quality
Act  of  1967  which was the first at-
tempt at a comprehensive control and
abatement system. As  I have already
said it  was a  good law but we  are
determined today to  move to act as
rapidly  as possible.  The  differences
between  present law  and that  pro-
posed by the bill  before us today  I
will  point out as I go along.
  At the present time  HEW has the
responsibility for  solving  the scien-
tific  problems. There is much that we
must know about the very nature of
pollutants and how they affect us and
our  environment.  Out  of  about  ten
major pollutants HEW has now been
able  to pin down half and tell us just
what they do that is hurting us. The
next responsibility of the Federal Gov-
ernment is to  look  for ways to  cut
down or  eliminate  these pollutants
without closing down the entire store.
Armed with this information, regional
commissions  decide   what  overall
      526-703 O - 73 - 16

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1406
LEGAL COMPILATION—AIR
standard  of  air  quality  is  desirable
for  their  regions.  H.R.  17255  will
change that  by having HEW  set up
national air quality standards.  As the
scientific  details emerge and the con-
trol  methods  are  developed, the air
Duality  standards for the entire na-
tion  will be adjusted accordingly. This
change  is desirable  because it  is  a
natural and logical  one. The basic
quality of the air for which we strive
should be  uniform.  Let it be  under-
stood that the air quality standards
is the target at which  we shoot  with
all of the  control machinery eventual-
ly devised.
  It  was   recognized in  the present
law  that air quality and  even  control
efforts do not break down neatly into
political boundaries.  For that  reason
interstate regions were comtemplated
as the  norm. The only trouble  with
such efforts is that they are by nature
cumbersome and slow to develop. This
bill would make each State  a  region.
In that way there are immediate lines
of  communication  and  authority  to
translate information into action. This
does  not   mean  that  interstate ar-
rangements  cannot  be  made.  They
can.  Furthermore,  existing regional
machinery  may  be  retained  where
States have  gone ahead  and  tackled
the problem on a cooperative basis.
  The success of the entire effort de-
pends upon what  is done to meet the
national air quality standard  at the
local level where  the pollution is ac-
tually created, emitted and breathed
by  our citizens.  The  bill  therefore
provides that State  governments will
create plans for  the implementation
and enforcement of  the air standards.
In  fact  a  State  may declare  more
stringent  standards if  it feels  it nec-
essary.  Such plans for cracking  down
on  the  sources of pollution must be
forthcoming within  180  days.  If  a
State hangs back and fails to  move
out, the Federal Government will take
               over and make rules and regulations
               amounting to a State plan. Machinery
               for forcing  a plan upon  a  State is
               spelled  out   including  penalties   of
               $10,000  a day  for failing to act.  In
               addition, authority  is granted to  in-
               spect  establishments to check up  on
               the plan. This latter authority is new
               in the bill now before us and should
               expedite performance or enforcement.
                  It has been  the philosophy of  the
               law up to this point that State and lo-
               cal  agencies  should  determine  the
                exact  methods  and  procedures  far
               controlling emissions by installations.
               This is not basically changed by this
               bill. It   does,  however,  contemplate
               that  new stationary  sources which
               are especially hazardous to health will
               have  Federal standards.  Although it
               is a  departure, it  is sensible.  Since
               the Federal  Government is determin-
               ing the  air  quality target and work-
               ing  constantly  on control techniques
               it is  the best position  to have them
               make  a  decision about new  sources.
                Stopping  these extraordinary  prob-
               lems  before  they develop  is  best  for
               the antipollution effort  and it is also
               best for  those  who would build such
               installations and then find they could
               not operate.
                  Motor vehicles are a popular villain
                in  the piece, and rightly  so. Control
                devices have come a long way in  the
                last few years. Better control must
                be achieved. But it  is also imperative
                that we get the most out of the stand-
                ards  already in effect.  Testing a  few
                until they seem allright and  then  cer-
                tifying  an  entire run of the auto-
                mobile models so equipped is not very
                smart. The  real test for progress in
                this field is the quality of control on
                the cars which roll off the  asembly
                line and end up on  our main streets
                and  in   our driveways.  .Recognizing
                this,  perhaps belatedly, this  bill  will
                provide   for  production line testing.
                As a followup, States will be required

-------
                STATUTES AND LEGISLATIVE  HISTORY
                                1407
to inspect cars after they are on the
road  as  soon as practical means for
such inspections are available.
  Much  has been said about getting
the lead  out. Perhaps a crash require-
ment  to  delead gasoline would  result
in dramatic improvement in air qual-
ity. I  seriously doubt  that  it  would
be all that great. There may be other
ingredients  or additives  in  gasoline
which are equally harmful. Legislating
lead out of gas might get  rounds of
applause in some
                          [p. 19206]

quarters but is hardly  the way to go
about it. The bill gives authority to
HEW to limit the ingredients in fuels
if such  ingredients  can be  identified
as the culprits which impair  health or
make  automobile control  devices  roll
over and die. This authority coupled
with the intensive efforts in fuels re-
search should help eliminate the more
dangerous ingredients and at the same
time  perfect  better and  safer fuels
for automotive purposes.
  Aircraft are being watched closely
of late. Some models spew out a pro-
digious  stream of smoke.  It should be
eliminated as rapidly as possible. This
bill allows  for emission standards to
be set for aircraft  engines.  Airlines
have  already recognized  that  their
particular kind  of pollution,  whether
a major contributor or not,  is highly
visible and  not  the  best  advertising.
Already  most airlines  have agreed to
replace   or  refit their engines  with
devices which have been developed in
the last year to render them relatively
smokeless.
  One of the frustrating aspects of
air pollution  legislation is the pres-
ence  of  large  Federal  installations
either operated  directly by  the Gov-
ernment or  under its direction  which
contaminate the atmosphere on a large
scale. How can we expect cooperation
or  credibility for  the governmental
 effort  when  the  installations  con-
 trolled  by  Uncle Sam  are  some of
 the worst polluters? The Federal Gov-
 ernment  as much  as some  private
 businesses  has  dragged  its  feet for
 purely economic reasons. Allowing the
 Government to  remain immune from
 the rules which we wish to impose on
 others is wrong. Actually  it  should
 lead the way.  Recognizing the  real
 considerations  of  national  security
 might  intervene  in certain cases this
 bill requires Federal  installations to
 meet whatever standards those around
 them must meet and allows for exemp-
 tions  on the very limited basis of a
 year at  a time. I know that our col-
 leagues  on the committee  will  be
 watching  closely  the  use  of  this
 exemptive authority. We  expect that
 localities which  harbor  Federal  in-
 stallations will  also be watching and
 reporting to use their compliance or
 lack of it.
    To  carry out the  ambitious pro-
 grams outlined  here will cost money.
 It is a lot of money and yet there will
 be some who will  feel it is far too
 little. This  is not an effort  on which
 you can  pour a bucket of money and
 thereby  have  instant  clean  air. It
 must be done in some kind of logical
 order and only  so much  can be done
 in a  year  no matter how much is
 spent.  The  committee feels that the
 authorizations  contained  in this bill
- represent sensible but still  generous
 goals for spending and accomplishing
 in this field. For the vital  fuels re-
 search to which  I referred  earlier it
 provides $75  million for  fiscal year
 1971, $100 million for fiscal year 1972,
 and $125 million for fiscal year 1973.
 All other activities described will take
 $125 million in fiscal year 1971, $150
 million in fiscal year  1972,  and $200
 million  in fiscal year  1973.  At that
 time we will again analyze our prog-
 ress in  all  respects. If we  have de-
 vised a workable system  here—and I

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1408
LEGAL COMPILATION—AEB
think we have—the progress in these
next 3 years should be dramatic.
  The committee  worked very hard to
come here with a bill  you can accept
and  be proud of. In my opinion it is
the best and most balanced approach
which could be devised. Its pieces fit
together  and should be  taken as  a
whole. I know that many people have
great feeling about certain  parts of
this  effort  and this  problem  to the
exclusion of other parts. As a commit-
tee and as  a Congress we cannot be
thus  diverted.  We  must  attack  the
problem across the  entire front  and
this  bill does so,  giving due emphasis
to all elements.  I  recommend  H.R.
17255 to the House.
  Mr. SCOTT.  Mr.  Chairman,  our
health is dependent on the cleanliness
of the air.  But our air, especially in
heavily populated areas,  is becoming
increasingly polluted. And  we  have
only to read the forecasts of population
experts to  realize  that—in the  near
future—virtually  every area  of the
United States  will  be heavily popu-
lated. Therefore, unless  we  change
things, the  country  will soon  have
heavily polluted air.
  Mr. Chairman, we have seen action
before here in Congress  to  clean up
our air. In  1967  we passed the Clean
Air  Act,  but  it  just  has not  done
what we had hoped it would.
  Let us hope that H.R. 17255, as re-
ported out by the Committtee on In-
terstate and Foreign  Commerce,  will
do the job.
  Over the  next 3  years,  it  would
provide more than three-quarters of a
billion dollars  in additional  Federal
funds—and nearly half of that,  Mr.
Chairman, would go for research into
better ways to  clean up automobile
fuels and engines which, in  combina-
tion,  cause 60 percent of our air pollu-
tion.
  The bill  provides  stringent  penal-
ties  for those found guilty of air pol-
               lution and, perhaps even more impor-
               tant, streamlines the process by which
               such persons  can be moved into our
               courts.
                 The bill centers responsibility for
               setting clean  air standards—and en-
               forcing  them—with  the  State  Gov-
               ernors  and  with  the Secretary  of
               Health,  Education,  and  Welfare. It
               designates the States and allied geo-
               graphic  areas as air quality control
               regions and requires them to adhere
               to at least minimum  standards of air
               quality.  It requires extensive testing
               of new auto engines—not only in pro-
               totype but in production,  too. It for-
               bids the  creation of  new  stationary
               sources  of air  pollution  unless  they
               adhere  to strict standards. And  it
               provides—for the first time—for the
               creation of emission standards for air-
               craft engines.
                 Mr. Chairman, I support this legis-
               lation.  I  hope it will  succeed where
               previous legislation has failed.
                 Mr. SPRINGER. Mr. Chairman, I
               yield 5 minutes to the gentleman from
               Georgia [Mr.  THOMPSON].
                 Mr. THOMPSON  of Georgia. Mr.
               Chairman, I thank the gentleman for
               yielding.  I will  not take  the 5  min-
               utes, but I do rise in support of this
               legislation.
                 We  are all very  much aware of
               the  problems of  some of  the major
               cities  so far as  air  quality  is con-
               cerned. The gentleman from Illinois
               has  very adequately and in detail ex-
               plained the provisions of this particu-
               lar act.
                 What we are doing today  is in ef-
                fect answering  the needs  of  the pub-
               lic, answering the cries of the public
               that  legislation  be  enacted  which
               would guarantee not merely the  pres-
                ent generation but future  generations
                that we will have a clean environment,
                that the air they breathe  will be free
                of noxious gases, and that there will
                be no people in any city, in effect suf-

-------
                STATUTES  AND LEGISLATIVE HISTORY
                               1409
focating and  contracting respiratory
diseases because of dirty air that ex-
ists through failure of Government to
operate.
  So  the  standards  that are  being
established by this act  are  not only
reasonable standards, but  they  are
necessary. They are necessary to give
us the protection for our future. They
operate in conjunction with our local
governments.   They   provide   that
where there is an area of the country
in which  several  States may  be in-
volved,  we can have a regional clean
air  area  and thus  more  efficiently
and  effectively provide for clean air
standards  throughout  the  United
States.
  This is needed legislation. It is good
legislation, and I  think it  will  re-
ceive the overwhelming support of the
Congressmen  not only  in the  House
but the other body as  well and also
the American public.
  Mr. SPRINGER. Mr. Chairman,  I
yield 5 minutes to the gentleman from
New  York [Mr. REID].
  Mr. REID  of New  York. I thank
the   distinguished  gentleman   for
yielding.
  Mr.  Chairman,  I rise in support
of H.R. 17255, the  Clean Air Act
Amendments of 1970, and H.R. 11833,
the Resource  Recovery Act of 1970.
  The authority given  to the  Secre-
tary of Health, Education, and Wel-
fare under the clean air amendments
to establish  nationwide ambient  air
quality  standards  is  essential if we
are to restore clean air to this coun-
try in the foreseeable future.  In the
past, States have played leading roles
in the attack on air pollution, but it
appears that some  States are  now
falling  behind. Beyond  that,  air—
clean or dirty—does  not respect  po-
litical  boundaries  and  a unified  na-
tionwide attack is necesary if progress
is to be made.
  Stricter  enforcement  procedures,
new Federal emission  standards for
new stationary pollution sources, and
controls  on  pollution  from  Federal
facilities are all  necessary steps and
I am pleased to see them  included in
this bill.  Many  of these  provisions
were included  in  H.R.  17090,  Clean
Air  Act amendments  which  I  intro-
duced on April 16, 1970.
  However, there is a major omission
in the committee bill  and I strongly
support the amendment to be offered
to close this loophole. In its provisions
on  fuel  composition,  the  committee
bill  fails to  include the ban  on lead
in gasoline which  I feel is essential
to cleaner  air.  While  it does riot in-
clude an outright  ban,  the bill pro-
posed  by  the  administration  would
give the National Air Pollution Con-
trol  Administration the authority to
ban  lead as well as other additives in
gasoline.
  The administration bill  is superior
to the committee bill with regard to
fuel composition  in four  other re-
spects as well: First, the administra-
tion bill covers all fuels, not just auto
fuels as the com-
                           [p. 19207]

mittee bill does;  second,  while both
bills provide for  regulation  of fuel
composition  to   eliminate   adverse
effects on public  health and welfare,
the  committee  bill  requires  that  no
fuel composition  regulations  may be
established if the health danger can
be remedied  through  increased auto
emission standards. This  is a serious
failure to make the oil industry take
action in the public interest; third, the
administration  bill  does  not require
the rigorous medical and scientific evi-
dence stipulated in the committee bill
before  action  may  be  taken;  and
fourth,  the administration bill  gives
NAPCA necessary authority to pro-
cure the  fuel  additive  pollution re-
search it needs from the industry.

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1410
LEGAL COMPILATION—Am
  I am pleased  that  the  administra-
tion has taken such a strong and vig-
orous stand on the critical matter of
fuel composition, and heartily support
the amendment  to be  offered  to  sub-
stitute the administration provisions
on fuel composition  for  the  weaker
committee version.
  The three other amendments to be
offered—adopting  California's   auto
emission standards as the nationwide
minimum,  authorizing1  NAPCA to
conduct voluntary  testing  on autos
that have been driven 4,000 miles, and
providing for the  gradual adoption
of standards based on  the most pollu-
tion free propulsion system available
•—are also necessary to a meaningful
fight  on air pollution.
  I am hopeful that the Congress will
adopt  these rigorous  standards  and
thereby serve  notice on the fuel and
automobile industries  that  this  Na-
tion  intends  to do  more than  talk
about cleaning the air. Restoring the
clarity of our skies is more than an
esthetic goal—it is  essential  if we
are not  to  modify  our  weather in-
advertently and if we  are  not to
exacerbate ths  lung  and  breathing
illnesses from  which too many Ameri-
cans already suffer. Indeed, New York
City today announced that  it was in
a "high pollution  forecast stage" be-
cause of stagnant  weather conditions.
Surely we  cannot  wait any longer to
take steps to prevent this  situation.
  Finally,  Mr.  Chairman,  I  would
just  say that there has been some re-
search in the State of New York with
regard to lead emissions,  particularly
on submicroscopic particles. Dr.  Vin-
cent Schaefer  of the State University
in Albany estimates  that each  auto
at normal idling speed turns out about
100 billion particles per second. I am
told  further that some of these parti-
cles  find their way into the lungs of
human beings, and, indeed, when in-
               dividuals  smoke, it is possible  that
               this  lead  may, in fact, be  vaporized
               in the lungs. I know not the ramifica-
               tions of  this, but it does seem clear
               to me that it is important to study
               very carefully  the  need  for  very
               stringent  standards in terms of  lead.
               Yet, in just breaking up the  larger
               particles  but not necessarily  seeing
               that there is combustion of  the small
               particles,  we may be creating a prob-
               lem  for which we have no  real  con-
               ception as to its implications.
                 Mr. Chairman, I think this bill is
               a very distinct step forward. Its  pas-
               sage is essential to heeding  President
               Nixon's call to  restore our environ-
               ment.
                 Mr. SPRINGER.  Mr. Chairman, I
               yield to  the gentleman from  Kansas
               [Mr. SKUBITZ] such time as he  may
               consume.
                 Mr.  SKUBITZ.  Mr.   Chairman,
               achieving  the objective of  clean air
               for our entire country is an expensive
               and  a slow process. We would  like to
               have it done tomorrow but  the reali-
               ties  of life do not allow for that. We
               do want to be sure that it  will  come
               about. The Air  Quality Act of  1967
               was a comprehensive  bill which was
               designed  to bring it about  in   due
               course.  Today we feel  that  certain
               revisions  of the  scheme set forth in
               the present law are necessary to speed
               up the process somewhat further.
                 The bill before us  today  should do
               that. In  the process it will spend as
               much as  $775 million over the  next
               3 years but many of the changes that
               are being made will expedite the  proc-
               ess we believe in other ways than the
               expenditure of funds.
                 This bill provides for the creation
               of national air  quality standards as
               opposed to regional standards in the
               present  law.  As new scientific  data
               is produced the  standards can be re-
               vised with a minimum of administra-
               tive holdup by having national stand-

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               STATUTES AND  LEGISLATIVE HISTORY
                             1411
ards.  Hereafter  each State  will be
designated  as an  air quality region.
Although  States  may cooperate and
interstate regions already in existence
may remain,  this  new  arrangement
simplifies the  chain of command and
puts  State  governments directly in
the line from  information to ultimate
action.
  The Federal Government will now
set specific emission  standards  for
new stationary  sources  of pollution
which  present unusual   and special
health hazards.  Motor  vehicle  emis-
sions  will  be  tested on  a spot basis
at the assembly line rather  than de-
pending  upon the  test  results from
a few prototype engines. This should
insure that the  vehicles on the  road
are as efficient as those initially test-
ed.
  Automotive fuel can  be  regulated
as to its ingredients. This is  another
way of saying that if  it actually is
a practical thing, the Government can
require that  the oil companies  get
the lead out.
   Standards for aircraft engines will
be  set and the  airlines, recognizing
the handwriting on the wall, have al-
ready  agreed  to  use cleaner  engines
in their new planes and  to eventually
retrofit the planes  on the line.
   In  addition to all the things that
are going to be required from private
business,  for  the  first  time  we  are
saying without equivocation that Fed-
eral installations are going  to  have
to live up  to  the rules  that  the Fed-
eral  Government makes for  others.
As in  everything else  the  Federal
Government must have  an  out for
exceptional  circumstances,  and  the
Secretary can exempt installations for
good cause  shown but only for a year
at  a  time.  I  certainly hope that the
executive branch will turn the screws
down on its own operations  and that
the Congress and specifically our com-
mittee will watch  carefully that the
Government is not fudging on its own
rules. I for one  promise to keep an
eye on it.
  In my opinion the bill before us to-
day is a great improvement over the
present law and I recommend its pas^-
sage.
  Mr.  SPRINGER.  Mr. Chairman,  I
have no further requests for time, and
I reserve the balance of my time.
  Mr.  JARMAN.  Mr.  Chairman,  I
yield myself such  time as I may con-
sume.
  Mr.  Chairman,  I am  very proud
that  the   Subcommittee  on  Public
Health and Welfare has been respon-
sible  for   producing-  this  important
piece  of legislation  which will  be of
tremendous benefit  to  the  American
people. Our subcommittee began hear-
ings as  early as  December of last
year in order  to determine why prog-
ress in  the war against air pollution
under the Air Quality  Act of 1967 has
been so slow.
  In our  early hearings, we concen-
trated on automotive air pollution which
constitutes 60 percent  of the air pollu-
tion problem in the United State?. We
heard departmental witnesses and wit-
nesses from the automobile  industry.
It became apparent from  their testi-
mony, that  important  changes would
have to be made in automotive emis-
sion standards in  order  to  reduce
pollution  from motor vehicles. It also
became apparent that more  stringent
testing would  have to  be done of new
automobiles in order  to assure that
they will  achieve the stricter emission
standards.  Furthermore,  new  tech-
nologies would have to be developed
in order  to achieve these  standards
and the composition of motor vehicle
fuels  might have  to  be modified in
order to  make the operation of the
new antipollution equipment possible.
  Our subcommittee during its subse-
quent  hearings in March and April
heard  numerous witnesses from the

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1412
LEGAL COMPILATION—AIR
automobile,  as well as the petroleum,
industries who gave  us  their consid-
ered judgments as to what would have
to be done  in order  to  reduce auto-
motive pollution.
  The bill which we  have brought to
the House today represents our best
judgment as to what is necessary to
come closer to the goal of assuring
the American people  of clean air once
again.
  The able chairman of  our full com-
mittee, Mr.  STAGGERS,  has already
given you the broad  picture. Let me,
therefore, concentrate on  giving you
some additional details with  regard to
the provisions of the bill. Under the
bill, the Secretary of Health,  Educa-
tion,  and Welfare will be authorized
and directed  to  establish nationwide
ambient air  quality  standards.  The
States  will be left free to establish
stricter standards for all or part of
their geographic areas. Under present
law,  ambient  air quality   standards
are to be adopted by the  States on
the basis of criteria  set forth by the
Secretary.
   By  authorizing the  Secretary to
establish  nationwide  standards based
on the criteria developed by him for
various pollutants, the war against
air  pollution  will  be  carried  on
throughout the  Nation  rather than
only  in particular geographical areas.
Furthermore,  unless  a  State desires
to  set stricter  standards,  the time
that  would  be  consumed  by such
States in adopting ambient air quality
standards will be saved.
   The bill provides for  the establish-
ment of air quality control regions by
declaring each State  as  an air quality
control region.  However, the  Secre-
tary is authorized to establish  inter-
state air quality regions for the pur-
pose of  dealing with  air pollution
 problems  of  an  interstate  nature.
Existing interstate regions  remain  in
effect.
                  Under present law, the Secretary is
                                          [p.  19208]

                directed  to   establish  air  quality
                control regions but  only a few  such
                regions  have  been  established  thus
                far. Consequently, actual air pollution
                enforcement   activities  have   been
                delayed  excessively.  Additionally, the
                proposed regions are  not  contiguous
                and, therefore, do not cover the entire
                United States.
                  By making each  State area  an air
                quality region, the  time consumed in
                establishing such regions on a selec-
                tive basis will be saved. By dividing
                the entire United States into contigu-
                ous  air   quality  regions,  the  war
                against pollution will be carried into
                every part of the United States.
                  For  the five  pollutants for which
                the Secretary already has  established
                criteria:  Sulfur  oxides,  particulate
                matter,  carbon  monoxide,   hydro-
                carbons,  and photochemical oxidants,
                proposed national standards would be
                issued  within 30 days after the date
                of enactment of this legislation. With
                regard to other pollutants such stand-
                ards would be proposed within 30 days
                after the criteria have been issued.
                  The legislation would revise  the en-
                forcement provision contained in pres-
                ent law. Within 60 days after promul-
                gation  of national ambient air  quality
                standards, the Governor of a State
                may file a letter of intent that such
                State will, within 180 days and  after
                public  hearings, adopt a plan  for the
                implementation—principally by pre-
                scribing  appropriate  emission stand-
                ards—and enforcement of such stand-
                ards.  A   State  may  adopt   more
                stringent ambient  air quality stand-
                ards, and  the  Secretary  may extend
                the  180-day  time  period  for  good
                cause  shown  but not to  exceed  an
                additional  180 days.
                  If a State  fails  to file  a letter of
                intent  or  does  not adopt a  plan or

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               STATUTES  AND LEGISLATIVE HISTORY
                              1413
adopts a plan which does not meet the
statutory  requirements,  then  after
reasonable notice, the Secretary may
publish proposed  regulations setting
forth a State plan. The State within
30 days  either may adopt  such plan
or may petition for a public hearing.
The  Secretary must give at least 30
days' notice  of such  hearing. Within
60 days after the hearing, the  Secre-
tary shall, on the basis of the evidence
presented at such hearing, promulgate
either the original or a modified plan.
  If,  as  a result of a State's failure
to enforce its plan, ambient air quality
standards are not met, the Secretary
is to notify the State and persons who
violate the plan.  If the State fails to
act within 30 days the Secretary may
request the Attorney General to bring
suit to secure abatement of the pollu-
tion.  The court may assess a penalty
of up to $10,000  for each day during
which any person fails to take  action
ordered  by  the  Secretary to  abate
pollution.
  The  Secretary  may  inspect  any
establishment for the purpose of deter-
mining whether   the  State  plan is
enforced or whether the establishment
contributes to or fails to take required
action to abate pollution.
  Under existing law, procedures are
more  complex and more  time con-
suming,  and  no authority is provided
for  the  Secretary to  inspect  estab-
lishments.
  Perhaps one of the most  significant
provisions in the bill deals with the
establishment  of  Federal  emission
standards for new stationary sources.
The  Secretary  is  authorized  and
directed to establish Federal emission
standards for new stationary sources
where emissions  from  such sources
are extremely hazardous or where such
emissions contribute  substantially to
the endangerment of the public  health
or welfare. The  purpose of this  new
authority is to prevent the  occurrence
anywhere in  the United  States  of
significant new air pollution problems
arising from such sources  either be-
cause  they  generate  extrahazardous
pollutants or because  they  are large-
scale  polluters.
  At  present emission standards for
stationary  sources  are  established
exclusively by the States.
  The promulgation of Federal emis-
sion standards  for new sources in the
aforementioned  categories  will  pre-
clude  efforts on the  part  of States to
compete with each other  in trying to
attract new plants and facilities with-
out assuring adequate control of ex-
tra-hazardous or large-scale emissions
therefrom.
  Such emission  standards may  be
enforced either by a State  as part of
that State's plan or by the Secretary
if a State fails to include such stand-
ards  within its plan.  The  provisions
for court actions to  secure  abatement
and the imposition  of penalties are
comparable  to the provisions described
in section 4 of  this legislation.
  I   have  already   mentioned  the
importance  of  automotive  air  pollu-
tion in the  United States.  Under the
provisions contained in the bill, the
Secretary is authorized and  directed to
test,  or require to be tested  in such
manner as he deems appropriate, any
new  motor  vehicle  or motor  vehicle
engine as it comes off the assembly
line  in order  to  determine whether
the vehicle  or  engine conforms  with
the   applicable   emission  standards.
Such  tests are in addition  to  testing
the prototypes  furnished  by the  auto-
mobile  manufacturers for purposes
of securing certificates of conformity.
On the basis of the assembly line test-
ing, the Secretary may suspend or re-
voke any such certificate in whole or in
part.  Hearings  on the record are to
be conducted by the Secretary at the
request  of  any  manufacturer  who
desires to challenge  the Secretary's

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1414
LEGAL COMPILATION—AIR
decision to suspend or revoke a certifi-
cate, but such hearings shall not stay
the suspension or revocation. Determi-
nations made by the Secretary on the
basis  of such hearings  are  subject to
judicial review.
  Experience has shown that the test-
ing and  certification  of  prototypes
does not  of itself assure  that auto-
mobiles coming off the  assembly  line
which  are sold  to the  public  comply
with the Federal emission standards.
Therefore,  the legislation authorized
inspection of assembly plants and the
testing of  automobiles and  engines
coming off the  assembly lines.
  Additionally,  the  legislation  pro-
vides  that States must  require inspec-
tion of motor  vehicles in actual use
if the  Secretary,  after consultation
with  the  State,  determines that the
achievement of ambient air  quality
standards  requires  such  inspection
and that such  inspection  is  techno-
logically and economically feasible.
  Your committee is aware that low-
cost,  easily operated instrumentation
techniques  for  such inspections  are
not available at present. Since auto-
mobiles account for 60 percent of the
air pollution  problem  in  the United
States  and since  new antipollution
devices must  be  developed  and  in-
stalled on  automobiles to meet  more
stringent emission standards, it  will
be  necessary  also  to   develop  more
effective  measuring devices to make
possible inexpensive and efficient tests.
  The Secretary, therefore, is directed
to  conduct  research and development
activities   with  respect to  low-cost
instrumentation  techniques  to facili-
tate  the  measuring   of  automotive
emissions. The Secretary is directed to
 report to the Congress his  recommen-
dations for testing programs to assure
that   emission  standards  are  met
during the  life of vehicles and engines.
  The provisions  which authorize the
Secretary to  establish  standards  for
                automotive and  other  fuels are  like-
                wise of great importance. The Secre-
                tary is authorized to establish limita-
                tions on—or providing for elimination
                of—ingredients   of  fuels—including
                additives—which endanger the public
                health  or welfare or which impair
                the  performance of emission control
                devices  or  systems on  automobiles.
                Before imposing such  limitations the
                Secretary is required  to make certain
                specific findings  as to the necessity of
                the  imposition of such limitations.
                  Present law does not authorize the
                imposition of such limitations on auto-
                motive or other  fuels.
                  I  need  not go  into further detail on
                the  provisions  dealing with  aircraft
                emission  standards and pollution  from
                Federal  facilities because  Chairman
                STAGGERS has already dealt with these
                provisions and,  therefore,  I  can con-
                clude at  this  point  by  asking  the
                House  to support this  very worth-
                while legislation. Our subcommittee
                has  worked very  hard on this  legis-
                lation. All  of   the members of the
                subcommittee, including  myself, are
                listed as  sponsors of the bill  (H.R.
                17255) and it  is my  hope that  this
                legislation   will   make possible  sub-
                stantial improvements in the quality
                of the air which  we will  breathe as
                the  provisions of this legislation will
                be implemented  and enforced.
                  Mr. Chairman, I yield 5 minutes to
                the  gentleman   from  Florida   [Mr.
                ROGERS! .
                  Mr.  FARBSTEIN.  Mr. Chairman,
                will the gentleman from Florida yield
                in order  that I may clarify something
                before he starts, so I will not interfere
                with his  statement,  or  would the
                gentleman rather complete his  state-
                ment  and  then  have  me   ask the
                question?
                  Mr.   ROGERS  of  Florida.   Mr.
                Chairman, I will ask the gentleman to
                allow me to complete my statement. If
                we  do  not get into his question  then,

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                STATUTES  AND LEGISLATIVE  HISTORY
                              1415
we  will get into it on the 5-minute
rule.
  Mr.  Chairman, I strongly  support
this legislation.  The  committee has
done an excellent job  on the bill and
is bringing to the  Congress the most
effective  bill  that  I think could  be
proposed   to  clean up the  air  in
America.
  There  has  been much  attention
given
                          [p. 19209]

law. The law  has not  been effectively
in  our Nation today.  Unfortunately,
this attention which has gained  the
general support of the entire popula-
tion, has come at a very late  date. We
find ourselves in a position  now  of
acting quickly to remedy our excesses
or  we will be forced to  change our
entire life-style.
  For scientists of  almost every disci-
pline have told us  that we cannot  go
on  polluting  our   environment and
expect to  continue living  as we  are
today. Even today we are forced to
do  things  differently than our ances-
tors  because  we  have  fouled  our
environment.
  Air pollution  is  one of the most
pressing forms  of pollution  because
unlike others, the air around  us is
unavoidable. We do not have to swim
or  look at dying lakes. But  everyone
must breathe.
  It  is one  thing to think  of clean
air for the beauty  of it. After all, the
 pictures  of  smog over  our  major
cities  is a national disgrace.
  But it  is  much  more serious than
that. Clean air in some parts of our
Nation is in such short supply that, if
we continue  along the  same  lines
which we  have  for the past decade,
we have  been  warned  that  mass
deaths may  result  in this  decade.
 Other experts forecast that residents
 of  our major cities may have to wear
gasmasks,  while  others tell us  that
the layers of smog are creating a wall
between  the Sun  and  the  Earth  so
that sunlight may be blocked, in whole
or in part, thus affecting the tempera-
ture of  the earth  and  the  growth
patterns of our vegetation.
  Indeed, these forecasts are  already
ringing  true. Doctors  in  California
blame pollution for the rising number
of  deaths  from emphysema.  And  in
Los Angeles, 10,000 people  have  been
advised  to move  elsewhere  because
of the adverse effects of smog  on  their
respiratory systems.
  The  chief culprit in the  air pollu-
tion story  is the automobile. Between
55  and  60 percent of the problem is
traced  to  the auto  and  in  heavily
populated  areas this  figure is  much
higher.
  It is  estimated  that the  automo-
bile annually dumps  about  90 million
tons of pollutants into the air. In 1967
we thought we had started an  effective
program  which  would reduce  auto
pollution, but found differently during
hearings.
  Dr. John Middleton, the Director of
the National Air  Pollution  Control
Administration, testified that  between
 70  and  80 percent  of the automobiles
tested during one study failed at least
 some portion of  the standards.  This,
 in  effect,  means  that we,  the public,
 are paying for antipollution devices
 which  are not working to  the stand-
 ards set out by the Secretary.
   If Members want to clean up the
 air in America, they will vote affirma-
 tively  for this bill.
   Mr.  Chairman,  we  have  changed
 the concept from the 1967  law,  which
 all of us were not pleased  with, par-
 ticularly  the  administration  of the
 to   the   many  forms  of  pollution
 administered. The provisions of the
 law were  not even  enforced. For  in-
 stance, under the law, fuel was sup-
 posed  to be registered. But this was

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1416
LEGAL COMPILATION—Am
never done and I do not know why.
  We did not have an adequate testing
program  for  automobiles,  and used
only four prototypes to determine if
the standards were being  met by a
particular manufacturer. And, instead
of taking each result on a separate
basis, they were using an average on
the four  prototype  automobiles. We
are changing this  and saying  that
each prototype automobile  must meet
the standard itself—not be averaged.
We are also going to have the daily
inspection  of  the assembly-line  pro-
duction so that  we will  get to this
problem  of  cleaning  up   the auto
emissions.
  In changing the theory of the legis-
lation, we go from setting up little air
regions to  national air standards. To
show  how  effective the law has been
since  1967, I would note  that there
has been  only one  interstate  region
approved. When  the law was passed,
we  envisioned more than 75.
  I believe they now say there are  17
regions approved by HEW.  That does
not mean  17 states;  it means 17 parts
of States in most instances. That is
about  what  has  been accomplished.
HEW says they may get up to 70 by
the end  of the  summer.  This entire
procedure is too ponderous and needed
to be changed, so  the committee in this
bill has changed it.
  The Secretary  of Health, Educa-
tion, and  Welfare under this legisla-
tion will  set  a national air quality
standard for ambient air quality. This
is a  standard that will be  for  the
whole Nation, to  assure clean air to
the American people based on criteria,
scientific information as to  how many
parts per million  are  permissible for
particular pollutants. Five of those
criteria have already been determined
by  scientific  and  medical  evidence,
and they have been published.
  From that, then, the national stand-
ard will be established. And these will
               be published 30 days after the passage
               of  this law. Under  the  present  law
               the approach has been by regions pro-
               ceeding  with hearings to  determine
               whether there should be a region here
               or  there.   The  committee  has  cut
               across  that time-consuming  process.
               We say now that  every State is a
               region, right off, so that we can begin
               to effectively administer the law.
                 The  air quality  standard  estab-
               lished  by  the  Secretary  must  be
               carried out by  the  States, according
               to a  State plan. This State plan will
               implement  the  air  quality standard
               by  setting emission  standards  and
               controls within the  State  to control
               those pollutants, in order to meet the
               overall quality air standard. This will
               be true in  every part of the Nation.
                 Each  State plan will be submitted
               to the Secretary. If the Secretary does
               not  think  the plan  meets the need,
               it will go  back. If it is not then  cor-
                rected,  the Secretary  himself  will
               have  the authority  to  go in  and  set
               the plan.  Further, if the law  is not
               enforced by the State, the Secretary
               may  go  in and enforce  it,  or  go
                through  the  courts  for  injunctive
               relief or whatever the  equities  of the
               case  may  allow.
                 Now,  as  to   stationary  sources,
               those  in  existence will be met that
               way,  through  the State  plan  by its
               emission controls to meet  the air qual-
               ity standard.  As new factories are
               built,  the  Secretary will  be permitted
               the right  to set emission standards;
               not just a quality of air standard but
               emission standards, so that we know
                that new sources  of pollution will not
               develop.
                 Where there is a particular hazard-
               ous substance, the Secretary  can  also
               go  in.
                 This takes care,  basically, of  sta-
               tionary sources.
                 On  the  automobile,  the  Secretary

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                STATUTES AND LEGISLATIVE HISTORY
                              1417
will  be given  the right,  of course,
to continue emission standards.
  The CHAIRMAN. The time of the
gentleman from Florida has expired.
  Mr. STAGGERS.  Mr. Chairman, I
yield  the  gentleman an additional 5
minutes.
  Mr. ROGERS of Florida. Mr. Chair-
man,  some say we ought  to  do  just
like California. The gentleman from
New  York is concerned.
  The Secretary  now has  the autho-
rity  to put  whatever  standards he
believes are necessary for the safety
of the  American people into effect,
and the 1975 standards are the same,
as I understand  it,  as those of Cali-
fornia.  It  has been true  that Cali-
fornia  has  advanced  its   standards
some  over what the Federal Govern-
ment  has, but this does not mean  that
the Federal  Government  right  now
cannot change  its standards immedi-
ately.
  I presume,  after the passage of
this bill, and the interest indicated
by the Congress,  the Secretary prob-
ably will  even increase  those  stand-
ards where he feels it is feasible.
  I think all  of  the authority  that
the Secretary needs  is  already on the
books. We  are  now  giving him more
authority   to  correct   the  emission
standards in the factory, by daily in-
spection on the assembly line.
  Furthermore,  we allow him  the
right  to go in and say that this is not
just a device problem but it may  also
be a gasoline problem. We then  give
the Secretary  the right to go in  and
say, "You cannot put this  additive in
the gasoline  if it affects  the public
health" or—because it is not just pub-
lic health that is involved—"or on the
further ground if it will prevent emis-
sion standards from being  met."
  Wihat many people  are  forgetting
is that this  is really  a problem of
two industries. It is the combination
when  they come  together  that  pro-
duces the problem. The Secretary now
can  set  any  emission  standards he
wants coming out of that automobile.
And nothing comes out of the tailpipe
until  the fuel goes in. So he can con-
trol  anything  he  wants right now,
basically, through emission  standards
on what  is coming out of the tailpipe
of that automobile.
  Mr. FARBSTEIN. Will the gentle-
man yield?
  Mr. ROGERS of Florida. Yes; I
yield  to  the  gentleman.
  Mr. FARBSTEIN. The  fist  ques-
tion I would like to ask is with rela-
tion to your statement that there is
inspection at the time that the auto-
mobile is produced on  the assembly
line. According to information I have
received, auto engineers say it  is al-
most  impossible to judge if a  device
works until after the vehicle is broken
in  after approximately 4,000  miles,
and while assembly line inspec-
                          [p. 19210]

tion can test individual  devices  for
quality control, no opportunities exist
to see if  the  device actually works in
operation. It has been held  that over
53 percent of the  devices have been
found to have broken down and been
of no use  after 11,000  miles. What
good  is there to an inspection  at  the
assembly line, then?
  Mr. ROGERS of Florida.  Evidently
the gentleman  does not understand
the inspection process. What I would
say to him is, first of all, your proto-
types are those that have  been run
50,000 miles, so the devices, first of
all,  are  proved  prototypes. This is
50,000 miles  and not 4,000 miles.  We
are  requiring  all  of the  prototypes
meet  all  of the standards.
  Mr. FARBSTEIN. But how  about
an  automobile  that has never had a
prototype?
  Mr. ROGERS of Florida. Let  me
finish.

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1418
LEGAL COMPILATION—AIR
  We are also incorporating the fur-
ther testing and the further assurance
to the public by requiring that the test-
ing is done  from the  assembly line
every  day.  As  soon   as  something
shows  up  the  Secretary  can  go  in
there and  lift a certificate and  those
cars  cannot be   sold  in  interstate
commerce  until  the  matter  is  cor-
rected. They can then be tested  and,
when the  Secretary determines  that
the car or  cars meet the standard,  he
will immediately  certify that tested
car. So the gentleman  can  be assured
that this legislation will  be  carried
out.
  The CHAIRMAN. The time of the
gentleman  has expired.
  Mr.  STAGGERS.  Mr. Chairman, I
yield the gentleman 3 additional min-
utes.
  Mr.  ROGERS  of  Florida. I think,
if people will study this bill, they will
see that  we have  incorporated effect-
ive provisions  to  reach the automo-
bile. I also feel the  Secretary  should
use the  Government automobiles for
testing. And if a pattern of failure
develops, then  I  think  the Secretary
should make  a public announcement of
this.  This  will  put public attention
on  any failure  and bring appropriate
action.
  Also, we go into the airplane prob-
lem. We allow the  Secretary  to set
emission    standards   for   airplanes
which  are  to be  administered by the
Federal    Aviation   Administration,
keeping in  mind safety features.
  Furthermore, we have a provision
about  Federal-installation  polluting.
We direct  that all  Federal  installa-
tions, who, incidentally, are some  of
the biggest polluters in this  Nation,
shall  abide by the pollution laws, and
the only way they can get an excep-
tion is to  go to  the Secretary. That
exception cannot  be granted for more
than  1 year and  then  the Secretary
must explain to  the  Congress  why
               he  granted that exception.  In other
               words,  this  is  telling  the  Federal
               agencies: "We want you to stop pol-
               luting the air, too."
                 Now, we have strong enforcement
               provisions in the bill. We  have  the
               most rapid means  which  I know  of
               bringing  in States  with complete au-
               thority to  get things  done.  If  the
               States will assume this  responsibility
               •—and I think they will under this leg-
               islation—we are going to have clean
               air in this Nation.  If they do not, we
               are  still going to have  clean air, be-
               cause the Federal Government is go-
               ing  to come in and clean up the air
               if the States  do not meet  their re-
               sponsibilities.
                 Mr. HECHLER  of West  Virginia.
               Mr.  Chairman,  will  the gentleman
               from Florida yield?
                 Mr. ROGERS  of Florida.  I yield to
               the gentleman from West Virginia.
                 Mr. HECHLER  of West  Virginia.
               I am sure the gentleman from Flori-
               da  is aware that, under existing leg-
               islation,  many conferences have been
               held  on  pollution,  out of which cer-
               tain  recommendations   have  come.
               What is  going to  happen  under the
               new legislation to those recommenda-
               tions emerging from conferences al-
               ready held?
                 For example,  the conference pro-
               cedure  has  dragged out for  over  3
               years  in  the Marietta,  Ohio-Vienna,
               W. Va., area, we have finally arrived
               at  some  recommendations  and hope
               all  this time is not lost.
                 Mr. ROGERS  of Florida. Actually,
               what we  did in the present bill is to
               allow  any regions  that  have been
               performing under the law to continue
               to  do so  where progress has  really
               been made.  However, the  chairman
               of the committee has already agreed
               that we  would  add  clarifying lan-
               guage to  the bill along this line.
                 Mr. STAGGERS.  Mr.  Chairman,
               will the gentleman yield?

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               STATUTES AND  LEGISLATIVE HISTORY
                              1419
  Mr. ROGERS of Florida. I yield to
the gentleman from West Virginia.
  Mr. STAGGERS. I propose to offer
this amendment on  this subject later
on.
  Mr. ROGERS  of  Florida. I  think
this  will clarify  the question of the
gentleman from West Virginia.
  Mr. HECHLER of West Virginia.
Mr. Chairman, if the gentleman will
yield further, I have one more brief
question. We have miserably failed to
prevent air  pollution by trying to ap-
ply the laws now on  the statute hooks.
Polluters have used every opportuni-
ty to delay and there has been a long,
drawnout procedure which  has frus-
trated  public  eforts to clean up air
pollution.
   Is there any injunctive process un-
der this pending legislation which will
immediately force abatement of an air
pollution source?
   Mr. ROGERS of Florida. This au-
thority  is contained in the bill, that
the Secretary  can  go  into  the  court
for the  abatement  of  pollution. So,
the authority is in the bill now pro-
viding for this type of court proce-
dure.
   The  CHAIRMAN. The time of the
gentleman  from Florida  has  again
expired.
   Mr.  STAGGERS. Mr. Chairman,  I
yield the gentleman 1 additional min-
ute.
   Mr.  HECHLER  of West Virginia.
Mr. Chairman, if the gentleman will
yield further  I  am still  concerned
about  whether polluters can be en-
 joined.   What the  gentleman  from
Florida  is saying,  then,  is that this
court procedure will not in itself con-
stitute a long drawnout delay of pollu-
tion abatement,  is that correct? We
must have  speedier action to obtain
clean air.
   Mr.  ROGERS  of Florida. Well,  of
course, I do not know how long it will
take for the court  to act, but an in-
junctive  procedure is  very rapid in
obtaining a determination of the ques-
tion. I think it is about as rapid an
attack on the problem  as we can get.
I  think  the gentleman from West
Virignia will be very pleased with this
legislation. It is going  to clean up the
air.
  Mr.  FARBSTEIN.  Mr.  Chairman,
will the gentleman yield?
  Mr.  ROGERS  of Florida.  I yield
to the gentleman from New York.
  Mr.  FARBSTEIN. On page 40, sec-
tion (2)  (a)  I  understand that the
administration's   proposal  originally
required  that the representative sam-
ple failed to meet  the test for emis-
sion  standards,   the  whole  class of
automobiles  would  be  revoked  and
the  certificate  would  be  revoked?
Now, suppose a representative sample
under the present law of the produc-
tion code does not meet the standard
of emission, can the Secretary revoke
the  certificate for  a  whole  line of
cars,  or just the  one being tested?
   Mr. ROGERS  of Florida.  In other
words, if your representative  sample
coming off  the daily  production line
does  not  meet the standard  he can
raise and withdraw the certification
for that whole assembly line  produc-
tion.
   Mr. FARBSTEIN.  That  is all  I
want to know.
   Mr. STAGGERS.  Mr.  Chairman,
I  yield 5 minutes to  the gentleman
from Texas [Mr.  ECKHARDT].
   Mr. ECKHARDT.  Mr.  Chairman,
first  I want to  recognize the work
that has  been done by the chairman
of the full committee and by the gen-
tleman from Oklahoma (Mr. JAEMAN)
as well as the gentleman from Flori-
da who  just spoke in Naming what
seems to me to be a most adequate and
strong act to control air pollution.
   I have a question that I should like
to propound to the chairman  at this
time:

-------
1420
LEGAL COMPILATION—Ara
  Since the  bill  has two provisions
that seem to me  to  be  its salient
factors strengthening the present law,
it  seems  to  me  it is well  to  know
precisely  what  these  do. The first
factor, of course, is the  provision by
which  the Federal Government  es-
tablishes ambient air standards. This
of course did not exist in the previous
bill.
  The other salient factor strengthen-
ing the  present law that seems to me
to be an extremely effective new meth-
od of controlling  air pollution is con-
trol of emissions from new sources.
  First  I should like to ask the chair-
man whether a new source necessarily
means  new equipment, or whether a
new source may include an altered or
increased effluent  from a  plant?
  It is  my  understanding that  the
legislation  grants  authority to  the
Secretary of Health,  Education, and
Welfare to establish  emission  stand-
ards  for  any such  sources which,
either in  the form of entirely  new
facilities, or in the form of expanded
or modified facilities,  or  because of
expanded  or  modified operations or
capacity,  constitute new  sources of
substantially  increased pollution?
  Mr. STAGGERS. That is true, I
say  to  the  gentleman,  and that  is
the intent of  the committee in passing
the legislation. And I want  to  make
it  perfectly clear that  this  was  the
reason for putting a specific  state-
ment into the report as  to what  the
intention of the committee was.
                          [p. 19211]

  Mr.  ECKHARDT.  I  understand
that that is clearly spelled out  in  the
report.
  Mr. STAGGERS. It is.
  Mr.  ECKHARDT.  Therefore,  it
would appear to me that, for  instance,
an  old  steel  plant which  altered its
production in a  particular  unit or
operation, even though that unit was
               an  old unit, would be controlled just
               as  its competitor, a new steel plant,
               would be controlled, where new equip-
               ment plus new sources of emission oc-
               cur?
                 Mr. STAGGERS. That is correct.
                 Mr.  ECKHARDT.   I  thank  the
               chairman.
                 Mr. STAGGERS.  Mr. Chairman, I
               yield  5 minutes to the gentleman from
               California [Mr. VAN DEERLIN].
                 Mr. ANDERSON of California. Mr.
               Chairman, will  the  gentleman yield?
                 Mr. VAN DEERLIN. I yield to the
               gentleman from  California.
                 Mr. ANDERSON of California. Mr.
               Chairman, I wish to thank the gentle-
               man  for yielding.
                 I commend  the committee for put-
               ting its  attention to the problem  of
               air pollution,  but I feel that we can,
               and must, strengthen the provisions
               in  H.R.  17225,  the  Clean  Air Act
               Amendments of 1970.
                 Air pollution continues to darken
               our cities' skies and threaten our to-
               tal  environment  with  its  poisonous
               chemical mixtures.
                 The primary  contributor  to  this
               pollution  is   the automobile which
               accounts for nearly 80 percent of the
               air pollution in our cities. The auto-
               mobile is responsible for dumping into
               the atmosphere each year more than
               90 million tons  of pollutants; this is
               twice as  much as any other single
               contributor. If air pollution is  to  be
               curtailed, dangerous emissions  from
               automobiles must be substantially re-
               duced.
                 To  combat the problem of vehicular
               air pollution the Federal Government
               is issuing emission control standards,
               but  the  present  approach is inade-
               quate for a number of reasons. Studies
               have  shown that  under existing con-
               trols  automobile air pollution in  the
               United  States will more than double
               in the next 30 years.  This is due to
               the projected  increase  in both  the

-------
                 STATUTES AND LEGISLATIVE  HISTORY
                               1421
number  of  vehicles  and  the  miles
driven by each vehicle.
   Only California  has adopted emis-
sion standards which will stabilize air
pollution  and  control the production
of oxides of nitrogen. But, we want
to not only stabilize air pollution, we
want to eliminate  it.
   We have an immediate and press-
ing duty to protect the health of the
American people by curbing danger-
ous vehicular air pollution. It is clear
that present efforts to curb pollution
by regulating new  car emission levels
are wholly unsatisfactory. Therefore,
we must take immediate steps to en-
courage  the   development  of  low-
emission vehicles.
   Legislation,  such as the bill  (H.R.
14534)  which I   have  cosponsored,
would require Federal procurement of
low-emission vehicles, thus  fostering
development  of nonpolluting vehicles.
By offering  legislatively  guaranteed
markets, a reasonable rate of initial
production is  possible.  Such a  pro-
posal would make  the nearly 400,000
vehicles  now  used by the  Federal
agencies a guaranteed market for low-
emission vehicles.  In  1968,  the Fed-
eral Government   spent  $26 million
for the purchase of about 16,000 pas-
senger  cars  and  $129  million  for
nearly 46,000 buses, ambulances, and
trucks.  Under the  procurement plan
limitations, the total additional year-
ly costs cannot  exceed  $34  million.
This additional cost is a small price
to pay for alleviating the dangers  of
air pollution  and  for  preserving  a
life-sustaining environment.
   In addition,  Mr. Chairman, I feel
that we should put Detroit on notice
that they must develop a low-emission
vehicle. Last year, the California, Sen-
ate passed  a bill  which  would  ban
pollution  causing  engines  in  new
motor vehicles  after January 1, 1975.
The bill died in the  assembly. Similar-
ly, I have introduced a bill, H.R. 17516,
which is  identical to the  California
bill.
  We must  strengthen  our  laws in
order to eliminate air pollution.  Our
health and our very existence depend
on  our  action.
  Mr. VAN DEERLIN. Mr. Chair-
man, I thank my colleague from Cali-
fornia for his comments, and  I  am
glad the gentleman was here because
his is a district which knows a great
deal about the problem to  which we
address ourselves today.
  As a matter  of  fact,  there  are
occasions today when the unclean air
from the gentleman's  district some-
times wafts its way as far southward
as the otherwise salubrious city of San
Diego. And even  there, we  are learn-
ing something about  what  they have
suffered for  many years in Los An-
geles.
  Mr. Chairman,  we had a fight on
this legislation just  3  years ago. It
was then  that  the delegation from
California  rallied  sufficient  support
within the House  membership to  win
the right for our  State  to  maintain
stricter standards against auto efflu-
ents  than  prevail in  the  other 49
States.  This  change was  accepted by
the rest of the House, I think on  the
grounds that California had been suf-
fering from this problem longer,  and
had taken   greater  strides  toward
meeting the problem.
  Unfortunately, since that  fight in
1967—and  even though  we  did  im-
prove legislation then on the books—
air pollution  has grown still worse.
  It is  my opinion that the bill  we
are about  to pass today, unless  we
give serious  attention to the amend-
ments which will be offered, will fail
to take  the additional steps that  are
necessary  now to call a  halt to this
ever-mounting pollution.
  Mr. BELL of California. Mr. Chair-
man, will the gentleman yield?
      526-703 O - 73 - 17

-------
1422
LEGAL COMPILATION—Am
  Mr. VAN DEERLIN. I yield to the
gentleman.
  Mr. BELL of California. Mr. Chair-
man,  I would  like to commend the
gentleman  for his statement and for
his forthright stand on this issue.
  Is it not true that sometimes to get
something  done  you  have  to  take
somewhat  drastic action to get the
problem  solved; and in  this particu-
lar instance it might be the automo-
bile industry that needs to take  dras-
tic action?  What is your opinion of
this concept?
  Mr.  VAN DEERLIN.  I  congratu-
late the gentleman.  Speaking of dras-
tic action, he will recall that the State
senate in California last year,  by a
26 to 5 rollcall, voted to require the
elimination  or phasing out of the in-
ternal combustion engine in automo-
biles  sold in our State,  by the year
1975.
   Mr. BELL of  California. Does the
gentleman  think that by  just  con-
tinuing the way we  are going it  is
likely to be enough  to solve  this prob-
lem in Los Angeles  and San Diego
and other  troubled areas?
   Mr. VAN DEERLIN. New  York
and Philadelphia and  Chicago.
   Mr. BELL of California. Yes; New
York  and Philadelphia.
   Mr. VAN DEERLIN.  No.
   Mr. BELL  of  California. Does the
gentleman think anything significant
is going to be accomplished in pollu-
tion abatement if  we just continue
the way we have been going for the
last few years with just a  few little
changes here and  there in the way
of improvements?
   Mr. VAN DEERLIN. I  think the
gentleman anticipates my attitude on
that.
   Mr.  STAGGERS.  Mr. Chairman,
will the gentleman yield?
   Mr. VAN DEERLIN.  I yield to the
gentleman.
   Mr. STAGGERS. Did  I understand
               the gentleman to say that he wanted
               all  internal   combustion    engines
               phased out in California by 1975?
                 Mr.  VAN  DEERLIN.  I  said our
               State senate  felt  so  deeply  the con-
               cern of the people of California that
               the senate voted last year  to phase
               out all internal combustion  engines
               sold in California  by the year 1975—
               but  the  bill  was  not enacted into
               law.
                 Mr.  STAGGERS. Oh, I see.
                 Mr.  FARBSTEIN.  Mr.  Chairman,
               will the gentleman yield?
                 Mr. VAN DEERLIN. I yield to the
               gentleman.
                 Mr.   FARBSTEIN.  Under   an
               amendment that I will offer,  we want
               to phase out the internal combustion
               engine by  1978. Until 1975 the Cali-
               fornia standards should prevail. But
               after that, gradually, in 3 years, large
               motors and smaller motors and  so on
               will be phased out. So by 1978  there
               shall be a clean engine and no longer
               a  smog-producing  engine.  I believe
               the technology of the automobile com-
               panies is such that they can produce,
               or  they can  mass-produce,  an  auto-
               mobile which will be clean  and at
               the  same  time be  able to  sell  at
               prices similar to those at which they
               are sold today.
                  Mr.  VAN DEERLIN. May I say, I
               feel the gentleman's generosity in ex-
               tending the  limit by 3  years over
               what the  California senate  is willing
               to  do  will impress  itself on all, ex-
               cept possibly the auto industry.
                  The most dramatic evidence of air
               pollution  is  always  to  be  found in
               dirty smokestacks in factories, belch-
               ing smoke across populated communi-
               ties. The  fact of the matter is that
               in  urban  areas  90  percent of the
               poisons in our  air come right out of
               the  automobile exhaust pipe. While
               it  is  easy to  get  civic  campaigns
               started against those black factory
                smokestacks,  it is a  much sadder ex-

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                STATUTES AND  LEGISLATIVE HISTORY
                              1423
perience  when  you try to  do some-
thing about what goes into  fuel com-
position or  into the manufacture of
an  automobile.
  The CHAIRMAN. The  time of the
gentleman  from  California  has ex-
pired.
                          [p. 19212]

  Mr.  VAN DEERLIN.  Mr. Chair-
man,  is it possible to have  an  addi-
tional minute?
  Mr. STAGGERS. I yield the gentle-
man from California 1 more minute.
  Mr.  VAN D'EERLIN. I would like
to make the point that  by compelling
others to  do this job, we can save a
great deal of money.  This  Congress
has authorized a billion dollars, and
appropriated $600  million  for  clean
water. I think we could  get by for
much less money when it  comes to
establishing clean air  if,  by law, we
put the matter up to  the automobile
and oil industries themselves.
  I regret that so many of those who
are present are members  of the com-
mittee who have already listened very
patiently  to  my  arguments before
today. I should like to point out that
on  page 51  of  the  report,  you will
find a fairly concise statement of our
objections, signed by three  members
of  the   committee—the   gentleman
from  New York  [Mr.  OTTINGER], the
gentleman  from  Rhode Island   [Mr.
TIERNAN],  and  myself. Thank  you.
  Mr.  STAGGERS. Mr. Chairman,  I
yield  2  minutes  to  the  gentleman
from  Illinois [Mr. MIKVA].
  Mr. MIKVA. I thank the Chairman.
I should like to add my compliments
to those of other speakers to the com-
mittee and the subcommittee for what
I consider to be an overall excellent
job. I think this bill goes a long way
toward solving some of the problems
that we as a country have in cleaning
up  our air.
  I have the dubious distinction, ac-
cording to the Federal air pollution
authorities, of representing one of the
most polluted, if not the most polluted
districts in the entire country. While
I am aware of the long stride for-
ward that has  been made, I think
there is one  instance where a defect
in the 1967 act  must be cured if we
are going to begin  to approach clean
air in the urban areas of our country.
That has  to  do  with an item that so
fundamentally   touches   on  States'
rights and local initiative that I for
the life of me cannot understand how
it crept into the 1967 act. I  think this
is the time for it to be removed.
  I refer of course to  the provision
that preempts local and State govern-
ments from  doing anything about
automobile  emissions,  not  only  in
terms  of  living up to  the  Federal
standards  which are  strict,  but in
terms  of  trying to impose  standards
that are more strict. I  regard as an
anomaly the fact  that  a State or a
local  government   can  impose such
different  standards on  fuel. It  can
impose  such different  standards  on
any kind  of stationary  sources. It
can impose such different  standards
on  motorboats.  Only the  automobile
is treated as some- kind of  privileged
character  which does  not  have  to
meet State or local  standards.
  For example, United States Steel
is in my district. I think it has other
plants in  the districts of many of the
Members  on  the  floor  today. They
have to meet  local and  State anti-
pollution and stationary air standards
of all localities in which they produce.
Automobiles  have  to meet local laws
insofar as size  is  concerned, insofar
as  tires  are concerned,  insofar  as
equipment is  concerned. Only in the
special area  of air pollution are they
given a pass, and while I have great
regard for the automobile industry,  I
think  we pay too high  a  price for

-------
1424
LEGAL COMPILATION—Ant
their being able to operate under one
single standard.
  The late  Justice Frankfurter  once
described the  local government as 50
separate laboratories in which we are
to find new ways of solving problems,
and I think in this area we  ought to
repeal that preemption of new  solu-
tions, and I intend to offer an amend-
ment to that effect.
  Mr. STAGGERS. Mr. Chairman, I
yield 5  minutes  to the  gentleman
from North  Carolina [Mr.  PBEYER],
a member of the committee.
  Mr. PREYER of  North Carolina.
Mr. Chairman, I  rise in support of
this legislation. In  recent months the
words "environment" and  "ecology"
have been  trigger words, words  that
have set  off our  deepest  emotions.
We have all been viewing with alarm,
but alarm by  itself puts out  no fires,
to mix metaphors. We have all made
a lot of noise on the stairs,  and  now
it  is  time to  come into the  room. It
is  time  to stop talking  and to  take
concrete  action.  Action  is  a  whole
lot  harder  than  talking,  and when
we  ask  ourselves  what kind of  law
should we pass  that will do  some-
thing about air pollution,  the popular
demonology of pollution is  not of much
help, nor is jousting at "greedy busi-
ness" or "mindless technology."
  What we have  to do is to  apply
creative  intelligence  to the  problem
at hand. One problem is that we know
so little about what to do. For exam-
ple,  Barry  Commoner, who  testified
before our subcommittee, said that we
are woefully ignorant about the  na-
ture of  air  pollutants and about the
chemistry that is  going  on in  this
massive  air  over  our cities. He de-
scribed an instrument he was using at
Washington  University   which   pro-
vides a  total analysis of an  air  shed
for  nitrogen  dioxide and  sulfur di-
oxide. You put this instrui^nt  in the
back of a station wagon. You point it
               at the sky, and as you drive down the
               road, you  can read off on  a paper
               chart the concentrations of  nitrogen
               dioxide   and   sulfur   dioxide.  The
               amazing fact  is that this is  the  only
               instrument of its kind in the country.
                 This  means that  we need a much
               stronger research effort and that we
               are  limited in what we can  do  leg-
               islatively  by our  lack  of knowledge.
               Commoner,  while testifying on  this
               bill,  estimated we probably face a 10-
               year period of research and operation
               of pilot plants before we have some
               final answers. So I think the point
               we should make here is that our hopes
               should not  be too high for  a final
               answer  on  this bill.
                 Our people  in  this country are al-
               ready aroused to  a  high  pitch of
               disbelief, frustration, and despair on
               many matters, and we do not need any
               more total  solutions that do not work.
               The  present bill is responsible legisla-
               tion  because it  does what  we know
               how  to do—no more and no less.
                 It  offers  no final Apocalyptic  so-
               lution, but  this  represents the  best
               we know how  to  do at this time, and
               I strongly support it.  The bill  pro-
               vides that as our technology develops,
               as our research gives  us more facts,
               then  the Secretary of Health, Educa-
               tion,   and  Welfare is  empowered to
               upgrade and strengthen air pollution
               standards in the  light of such  new
               knowledge.
                 What does the  bill do? It strength-
               ens the present law in five significant
               respects—which have been commented
               on already and which I will not  re-
               peat.  It  provides for  tripling of funds
               for   air   pollution control.  I  should
               like to make two general points which
               have not been commented on.
                 One thing I think the bill  recog-
               nizes is that we cannot  return to
               some pre-technological womb. We can-
               not return  to Walden Pond. What we
               have  to work with  in this  country,

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                STATUTES AND LEGISLATIVE  HISTORY
                               1425
the only real  possibility we  can con-
sider, is solving this problem in terms
of  a  growing economy.  As Walter
Heller pointed out recently, by  the
year 2000 we  will have to have  twice
as many schools in this country, and,
if human nature  stays the same way,
we will have  to have twice  as  many
jails and twice as many everything,
so solving  the air pollution problem
in terms other than in  terms  of a
growing economy is probably impossi-
ble.
   If we retreated, say, to  an   1870
level of technology—and  if  we  went
back to 1870,  we  would have to rea-
lize the bison  were already dead, the
eastern forest had  already disap-
peared, and colonial cities were  in a
decline—then  the median standard of
living-, if we went back to that  time,
would be far  below the 1970 poverty
line. So I think we have to  deal with
this  problem  in  terms  of solving it
within the  framework of  our modern
economy  and  not by "Buddhist eco-
nomics"  (that is, by  reducing our
gross national product  until we are
back to the Tibetan village level).
  I think it can  be done. The mayor
of a small  midwestern town recently
said: "If you -want this town to grow,
it has  got to stink." This fatalism is
totally unacceptable.
  I would like to make one  comment
on the substance of the bill itself, and
that deals with the national standards
and with respect  to industry's role in
the big cleanup, because industry has
got to play a  key role. Industry has
objected in a  number of instances to
national standards, but we must have
clear   guidelines   from  Government
that will apply uniformly to protect
each individual industry's competitive
position.  This  means we must  have
national  standards.
   Some industries object  to national
standards because of their belief that
State regulations  can more easily tail-
or  the situation  to  local  industry
needs.  But if we do not have national
standards, we find what has happened
is that States begin  to  bid  against
each other to attract polluting indus-
tries. A State says, "We will be easier
on  you if you come into our area."
Or the industry will  say, "If  you en-
force  this standard  against  us, we
will move our  industry  into  another
State." So  I  say it  is  not  fair  to
those  States who are trying to  do
something about  pollution to allow
such lowering of standards to attract
polluting  industries into  other States,
so I think the national standard is an
excellent  approach.
  We  are embarking  now on a  new
experiment in government, an experi-
ment
                          [p. 19213]

to  determine  whether we  are  wise
enough to direct our affairs in a  way
which  recognizes the  essential inter-
dependence of man  and  his environ-
ment.
  The  situation is not hopeless despite
some doomsday prophets, and I think
the human race can solve it with the
proper efforts and proper programs.
I think this bill is a fine  step in  that
direction.
  Mr.  HALL. Mr. Chairman, I make
the point  of order that  a quorum is
not present.
  The  CHAIRMAN. The Chair  will
count.
  Evidently a quorum is  not present.
The Clerk will call the roll.

  The  Clerk called the roll,* * *.
       *****
  Accordingly  the  Committee rose;
and the Speaker having resumed the
chair,  Mr. GALLAGHER, Chairman  of
the Committee of the Whole House on
the State  of the Union, reported  that
that Committee,  having had under
consideration the bill H.R. 17255, and

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1426
LEGAL COMPILATION—Am
finding itself without a  quorum, he
had  directed  the roll  to be  called,
when 357 Members responded to their
names,  a  quorum, and he submitted
herewith the names  of the absentees
to be spread upon the Journal.
  The Committee resumed its sitting.
  Mr.  STAGGERS.  Mr. Chairman, I
yield  such  time as  he  may  consume
to the gentleman from New York [Mr.
MURPHY].
  Mr.  MURPHY  of New York. Mr.
Chairman,  as a member  of the com-
mittee,  I  congratulate  the chairman
of the full  committee  and the chair-
man  of the  subcommittee and the
gentleman from Florida [Mr. ROGERS]
on an outstanding legislative accom-
plishment in presenting this clean air
bill to the  House.
  The city  of New  York  is starting
to shut down  different city functions
because of an  atmospheric inversion.
At no time in  the past and at no time
in the future  is this legislation more
necessary.  I urge its speedy  enact-
ment.
  Mr.  Chairman, today the House  is
considering what may be  one  of the
most  significant  pieces of legislation
of 1970. The  Clean  Air  Act  amend-
ments will  arm Federal officials with
the legal weapons to probe, prosecute,
and punish willful air polluters.
  Today, there are no less than seven
major  departments  and agencies in-
volved in  the air pollution battle in
the  metropolitan  area  I represent.
Yet, we are losing the fight for life
and lung a  little more each day. The
amendments we  will  act on  today
will  reverse the trend of this  battle.
We will put teeth into the fight for
clean air.
  During    consideration   of   these
amendments in the Committee  on In-
terstate and Foreign  Commerce, my
colleagues  agreed with  me  that  a
serious  obstacle to success in cleaning
up  our air was  the inability  of the
               Federal Government to move decisive-
               ly in areas of suspected pollution.
                 For  this  reason  I  brought  an
               amendment through  the  committee
               which provides dramatic new enforce-
               ment powers to the Federal Govern-
               ment.  The  need  for  this  kind  of
               power was amply demonstrated to me
               in my own district,  where pollution
               from  one  State  flows into another
               and  neither   State  can   adequately
               compel changes in the other State.
                 This language,  which is now  con-
               tained  as section  112 (f) of  this bill,
               will  give the  States the  necessary
               backup from the Federal Government
               to stop  interstate  pollution.
                 The  bill permits officers or  em-
               ployees duly designated by the Secre-
               tary of Health, Education, and Wel-
               fare upon presentation of appropriate
               credentials and a  written  notice  to
               the owner,  to enter, at  reasonable
               times,  any establishment  which the
               Secretary has reason to believe is  or
               may be in violation of regulations is-
               sued for the  control  of air pollution.
               These officers  shall be authorized  to
               inspect  records,  files,  papers,  proc-
               esses,  controls,  and facilities relevant
               to compliance with  the air pollution
               regulations. A  separate  notice is re-
               quired  for each  inspection,  and  in-
               spections shall be promptly completed.
                 As you can  see, we are authorizing
               the Federal Government to step into
               critical interstate  situations—such  as
               exist in the major industrial areas  of
               this  country,  and elsewhere—where
               the interstate mechanisms have failed
               to abate pollution.
                 This section is  one which can be
               embraced by every State in the Union
               because it gives the States the added
               muscle they have lacked in years past.
                 The language for this section grew
               out of a conference I held in New
               York  this  spring. Every  important
               agency  in  the  metropolitan  area in-
               volved  in the air pollution  battle was

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                   STATUTES  AND LEGISLATIVE  HISTORY
                                    1427
 represented.  Federal,  State, city,  and
 interstate   officials   suggested   the
 language  of this section  to me as a
 vital  and  necessary  arming  tool to
 reverse  the  increasingly  dangerous
 blanket  of  foul air  which  threatens
 the health  of every one of us,
   I strongly commend this section to
 the Members of the  House.
   I also  strongly commend  the  full
 Clean  Air  Act Amendments of 1970
 to  this body.  All of  these  steps  we
 consider  today are  vitally needed if
 the Federal  effort  in  the  fight  for
 clean   air  is  to  be  but  little  more
 than that of a mere bystander.
   Mr.  SPRINGER.  Mr. Chairman, I
 yield such time as he may consume to
 the gentleman  from  Nebraska  [Mr.
 CUNNINGHAM].
   Mr.  CUNNINGHAM.  Mr.  Chair-
 man,  I have long been active in  ef-
 forts  to  clean  up  our  air and water
 and land pollution.
   In order that I may make my posi-
 tion clear I herewith refer to a letter
 from the Associated Press Bureau in
 Nebraska  asking my  position on  va-
 rious  aspects  of the  problems of  air
 and water pollution.  Their  letter to
 me reads as follows:

                THE ASSOCIATED PRESS,
          Omaha, Nebr., February 20, 1970.
 Hon. GLENN CUNNINGHAM,
 Rayburn House Office Building,
 Washington, D.C.
  DEAR  REPRESENTATIVE  CUNNINGHAM : Some
 of  the  biggest news  of the  day involves the
 growing public interest  in  ecology  and the
 problems of air and  water  pollution.
  For our  next round-up  on Nebraska  con-
 gressional opinion, we would  like to ask some
 questions dealing  with the  pollution problem
 in  the  United  States  and  specifically  in
 Nebraska:
  1. How seriously do  you  view the threat of
 air  and  water pollution in the nation? Do you
 concur  with those who claim the planet  may
be  destroyed in a few short years by pollu-
tion? Or do you think the immediate  threat
has been over-dramatized?
  2.  How  strong  a  role should the federal
government  play  in  the  antipollution  fight?
Should  the  government have  punitive powers
to force industry  to take antipollution meas-
 ures?  Do you  think  business  and  industry
 have  dragged their feet on  pollution?
  3. How seriously do you  view the pollution
 problem  in  Nebraska?  What  should  be  done
 about  the feedlots that  are  dumping  un-
 treated wastes  into Nebraska's  rivers  and
 streams? Can we depend on Nebraska's  grow-
 ing  industrial community  to  take  steps  vol-
 untarily  to  combat  pollution  or  must  they
 be  forced by the government  to do so?
      Sincerely,
                  JOHN M. ARMSTRONG,
                           Correspondent.
  P.S.—One  further question:  Should   busi-
 ness and  industry  pass  on the costs of  pol-
 lution  control  to  the  consumer,   or should
 they  use  some  of  their  profits to  pay for
 pollution abatement?

   Mr. Chairman, I  replied to the As-
 sociated Press inquiry at some length,
 and  I now present  my  reply  to the
 AP:

                       February 26, 1970.
 Mr. JOHN ARMSTRONG,
 The Associated Press,
 Omaha, Nebr.
  DEAR JOHN :  I  think the  topic for  your
 next  round  up of  Nebraska  Congressional
 opinion is an excellent one.
  Before  answering  your  questions  specifi-
 cally  regarding  ecology and the problems of
 air and water pollution, may I point  out that
 that was  one  of  my  major  concerns   even
 prior  to my  becoming  Mayor of  Omaha in
 1948.  At that time—-that is, prior to my elec-
 tion as Mayor—we had  a  civic effort  caHed
 the  Omaha   Improvement  Plan  and  there
 were  various study groups set up  to  study
 various aspects  of  Omaha's many problems.
 The purpose of the studies  was to determine
 what,  it  anything,  should  be  done,  and if
 some  action  was to be  taken,  what  amount
 of  money should   be  recommended to be
 placed  in  a  package in  the form  of a   bond
 issue  to  provide the means  of  solving  these
 problems,  or at  least to make  a start  at  solv-
 ing  them if they required  a long  range
 program.
  T was  appointed  by  the  chairman of  the
overall committee, who  was the President of
Northwestern Bell   Telephone  Company, to
be the chairman of the  Omaha Improvement
Association's Committee on  Sanitation. There
were other members of my committee,  prob-
 ably five or six, but I do not recall ex-
                              [p. 19214]


actly.  We  made a  detailed study of Omaha's
long-neglected sewer problems and the dumping
of untreated sewage into  the  Missouri River,
as well as other ecological  problems, includ-

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1428
                             LEGAL COMPILATION—Am
ing  air  pollution.  Of  the  some  twelve  or
more study  groups,  our  committee  recom-
mended,  as  I  recall  it,  approximately  $3 Mi
million  in  the form of bond issue  money to
accomplish the most urgent  needs.  The  total
package  of these bonds  recommended  by the
various  study groups amounted to a  consider-
able sum  and that  is why we  were cautioned
to hold  our  recommendations to  a reasonable
amount in  order that the  voters  would  not
be  too  frightened by  the whole  package of
recommendations.
  The voters did  approve the majority of the
bond issues that  were on  the ballot, including
the  money for the  fixing  of our sewers  and
the  problem  of dumping  of  raw sewage  into
the  Missouri  River,  for  air  pollution  and
related subjects.  This was  the  first start  that
Omaha  had made in all of its  history to stop
the  pollution of the Missouri River due to the
raw sewage  being thrown into it  at  various
locations,  from the airport  to a  considerable
distance  south  of the old  Ak-Sar Ben  Bridge.
We  also  built a tremendous number of sewers
that were broken, creating a seepage problem,
and   during  heavy  rains  our  old  combined
sanitary and  storm sewers were flooding- the
streets.  The combined sewers  naturally  con-
tained a considerable amount of raw sewage.
"We  also  recommended  a strong  anti-smoke
ordinance,  as  it  was  called in  those  days,
although  this  required  no  bond  money  but
was a part  of cleaning  up  our  environment.
  Subsequently the  advisory  committee  which
I mentioned  above were  made  permanent and
a part of the city government when the bonds
were approved. I  was then  named Secretary
of  the  Omaha Sanitation  Commission,  which
was then charged with carrying out  the  rec-
ommendations  we had originally made and the
expenditure  of the funds  that  had been ap-
proved by  the voters.
  I  took   a  special interest  also,  as  noted
above, in smoke  abatement because it was a
major problem in Omaha  at that  time.  So I
made a detailed study of this and looked  par-
ticularly at St. Louis, which at that  time had
done a  tremendous  job in  cleaning up its air
pollutants. I have forgotten  the name of the
man in St. Louis who achieved these success-
ful results, but because of what he  did he was
eventually  elected Mayor of  that city.  In any
event, I finally personally prepared a  compre-
hensive smoke-abatement  and/or control ordi-
nance which  I presented to the City  Council
with strong  arguments for  its adoption, and
it was adopted.
  Shortly  thereafter I was  elected  Mayor of
Omaha  and it fell upon me  to implement and
administer   the   smoke-abatement  ordinance
which I had presented  and which had been
adopted  prior  to my election  as  Mayor.  The
first thing I did  was to employ a professional
person,  a  graduate chemical engineer, to ad-
                                                minister the  program.  His  name was  Herb
                                                Ulrich and  I  vividly recall how very effective
                                                he was in  carrying out  the ordinance. It used
                                                to be that  dozens upon dozens of smoke stacks
                                                belched out black soot and smoke  every morn-
                                                ing for hours on  end and other times  during
                                                the day, Mr.  Ulrich told me that no  smoke-
                                                stack  should  emit  any  smoke,  soot,  etc., be-
                                                cause  if it did it simply meant  that the  heat-
                                                ing unit supplying that  smokestack was  either
                                                faulty or improperly operated.
                                                  In  further  carrying out the  ordinance,  we
                                                stationed  spotters   every morning  beginning
                                                at dawn on three of the tallest  buildings in
                                                Omaha so  that we  could  have a  view  of  where
                                                this  smoke was coming from.  I  recall  going
                                                with  Mr- Ulrich  atop the Telephone  Building,
                                                which was  one of our  lookout  posts. In any
                                                event, when Mr.  Ulrich  and  his staff saw this
                                                smoke being  emitted  they would  spot  the lo-
                                                cation and go there immediately  and talk to
                                                the  people and  explain  to them  that the
                                                heating  unit  was  either  faulty or  being op-
                                                erated improperly. And-  we  were severe with
                                                industry in these  cases.  As  a  result,  over a
                                                period of  three or four  years  we had  elimi-
                                                nated  90 plus percent  of all of  these  black,
                                                sooty,  smoky  emissions  from   chimneys  and
                                                smokestacks.  As a matter  of   fact,  our  pro-
                                                gram  was  so  successful that  we  received
                                                national recognition for  what  we had  done.
                                                  So   1  am  no  Johnny-come-lately  in  this
                                                field  and I am sorry that  Omaha again has
                                                a  problem because  what happoned  after I
                                                left  the Mayor's  officer  was that they  com-
                                                bined  Mr.  Ulrich's  department  with two or
                                                three  other  departments  and  relegated  him
                                                to a  minor  position.  This  handicapped Mr.
                                                Ulrich and  his  staff  in  carrying  out  their
                                                duties, and  what  might have  happened  be-
                                                hind  the scenes  or  behind closed doors with
                                                top city officials  is unknown to me. But the
                                                program was gradually  phased  out.  So all of
                                                our  good  work really  went for  naught and
                                                even  today when  I  see these  emissions  from
                                                smokestacks  I  say  to  myself,  "Somebody
                                                ought to see these  people and stop  this  be-
                                                cause  it can  be stopped if  the  heating  unit
                                                is efficient  and  properly  operated."
                                                   Now to your questions.
                                                   1.  I view with  great  seriousness the  threat
                                                of air and water pollution in the nation and
                                                I  do  concur with  those  who claim the planet
                                                may  be destroyed  in  a  few years  by  these
                                                pollutants. I  do not  think by any means  that
                                                this  threat has been over-dramatized.  (I might
                                                add  that  because  I  was so deeply involved
                                                with  clean  air way  back in  1946, 1947,  1948,
                                                and  until  1954,  when  I was  Mayor,  that I
                                                even  hesitated to walk  the streets because of
                                                the  additional  dangerous  condition  of the
                                                environment  due   to   exhaust  fumes   from
                                                automobiles.)
                                                   2.   I think  that  the  Federal  Government

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                    STATUTES AND LEGISLATIVE  HISTORY
                                      1429
must play  a strong  role in this pollution fight
and  I wholeheartedly  support President Nix-
on's  program.  As a matter  of  fact, I am a
co-sponsor   of  all  seven  of  the  President's
bills  in this  area.
  I  do not  always  approve  of  the  Federal
Government  having  punitive  powers,  but  in
this  field  the  government has  no  other  re-
course but  to  have  punitive powers  to force
industry  to  undertake  anti-pollution  meas-
ures. In this  field  it  does  no good  for one
city   or  one  state  to  have  an  outstanding
pi ogram if  an adjacent state does  not have
the  same type of program. For example,  the
Missouri River does not affect just Nebraska.
It is not enough for Omaha  to stop polluting
it. Other  jurisdictions  must do  likewise. This
is also  true of air  pollutants. They  have  no
respect for  state boundary  lines.  Therefore,
it is a  Federal  problem  and  must  be dealt
with as  such.
  I  do  believe  that   business  and  industry
have not met their  responsibilities  regarding
pollution,  but  I believe  they  are beginning
to recognize  the  problem  and will  be  coop-
erative. It is just a very sad thing that our
atmosphere today is so contaminated  because
of the many years of  neglect of  this problem
by those who have caused it.
  3.  I think Nebraska has a serious pollution
problem  and much  needs  to  be done, but I
do feel that overall it is  the larger, more in-
dustrial states who  bear the greatest  respon-
sibility. I  do not mean for one moment  that
Nebraska does not have a problem and should
not  do all  it can to abate pollutants. I would
mention  feed  lots,  for  example,  that   are
dumping  waste  into   Nebraska's  rivers  and
streams.  I   would say  that  this must not  be
allowed to  continue.  It matters  not who pol-
lutes the streams. The big problem is  to  stop
pollution from whatever source.
  I  do not know whether or  not  we can  de-
pend  upon   Nebraska's  growing  industrial
community  to  take  steps  voluntarily to abate
pollution,   but  I  do  know that if it  is not
stopped  the  Federal  Government will  step
in and  require some action.
  I  believe  those who  are causing the  pol-
lution actually should  bear  the  costs  of  con-
trolling pollution of our  air  and water  and
other  phases of the  environmental  problem.
Business and industry, in my opinion, should
not  pass on the costs  of  pollution control  to
the  consumer but should use their own funds
for  this  purpose. The  public  at  large  should
not  be penalized for  something  over  which
they have  no control.  Mr.  Nixon's  program in
this   field  is  extraordinary.  Yes,  we  have
problems,  but I  know  of  no problem  that  is
any  greater  than this  one which  we are dis-
cussing in this letter.
  I  might  add as an  aside  that  one  of  the
reasons I have opposed the Platte River Dam
from  Ashland  north is that it is my belief,
after   studying  engineering  data,  that  this
dam  would result  in a  highly polluted  mud
hole,  just  as  the  Potomac River  which  runs
right  through the City of  Washington is one
of  the most  polluted  rivers   in  the  United
States.  So  my hat is off to Mr. Nixon for the
fight  he is going to  wage, and  I hope  that
the majority  party,  which  controls the  Con-
gress,  will cooperate with  those of  us in the
minority and  see that this legislation which
he  has recommended and  which  I have co-
sponsored  is speedily  enacted  into law.
  In  reference to  the Potomac  River,  I might
add  that  it  is  so full of chemicals  that  to
me the water is unfit  to drink even after its
so-called treatment.  As  a result  I  purchase
for  use  in  our  home  bottled  water,  pure
unadulterated   spring  water,  which  comes
from  upper New York State.  This is expen-
sive to me but  for the good of  my health
and that  of my  family I have found it  nec-
essary to  assume  this expense.
  You have chosen  a good topic  and  I  wish
you  well.   There is  much  more that  I could
say, but I think I have said as much  as you
would care to  hear  from me at this time.
      Sincerely yours,
                  GLENN CUNNINGHAM,
                       Member of Congress,

   Mr. Chairman, in conclusion  I wish
to  outline a position  paper on ecology
which involves the  problems  of  air,
water,  and   land  pollution.  My  po-
sition  paper reads  as follows:

   ECOLOGY—PROBLEMS OF AIR, WATER, LAND
                  POLLUTION

       (A  position paper by Congressman
            GLENN CUNNINGHAM)

  My  interest in and  concern for  our  en-
vironment   began  many,  many  years  ago,
prior  to my election as  Mayor of Omaha  in
1948.   As  chairman  of   the   Committee  on
Sanitation of  the Omaha  Improvement  As-
sociation,   a  civic   organization,   I  became
deeply  involved  in   the  city's long-neglected
sewer problems,  the dumping of  untreated
sewage into the Missouri River, air pollution,
and   other  ecological  problems. As  a result
of  the studies  and  recommendations  of  the
Omaha  Impi ovement  Association,  bond  is-
sues were  approved  by the voters and funds
became available  for sewer  repair and  con-
struction,   sewage   treatment,  smoke  abate-
ment,  etc. The study  committees were made
permanent  as  part  of  the City  Government
and became known,  as the Omaha Improve-
ment  Commission. I  was named  Secretary of
the  Omaha Sanitation  Commission.  In  this

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1430
LEGAL  COMPILATION—AIR
position,  and subsequently  as Mayor, it fell
upon me  to implement  the  programs  and
regulations  the  voters approved  to carry out
the  Omaha Improvement  Commiysion respon-
sibilities.
  One  of  the   most serious  environmental
problems  existing  in  the  city  at  that  time
was  the  black  soot   and  smoke  that belched
out  of several dozens of smokestacks. I  made
a  detailed  study of  this  problem and   pre-
pared  a comprehensive smoke-abatement and
control  ordinance which was presented to the
City Council  and adopted.  Soon  thereafter  I
was  elected Mayor of Omaha and one of my
duties  was  the  implementa-
                                 [p.  19215]

tion  and  administration  of this  smoke-abate-
ment ordinance. We worked closely  with indus-
trial firms,  providing  information  and instruc-
tions on  operation  and  renovation  of  their
heating units, resulting in  great efficiency and
economy in  their operations and  achievement
of our goal—reduction of air pollution.  Even-
tually  99  plus percent of  all the black,  sooty,
smoke emissions  from  chimneys  and smoke-
stacks was eliminated. As a matter of fact, this
program  was  so successful that  it  received
national recognition.
  I  view  with great  seriousness the threat  of
air  and  water  pollution in the nation  today.
These environmental  problems have  no  re-
spect for boundary lines and therefore I  think
the  Federal Government  must play a strong
role   in  combatting   pollution  and  efforts  to
make  our environment more livable  and en-
joyable not  only  for  ourselves but  for future
generations.
  The first Fedei al air pollution program was
authorized in 1955, just prior to my election
to the  Congress. In  the  years  I  have served
in the Congress I have consistently supported
anti-pollution  legislation.   In  1963  we en-
acted the Clean Air Act. Much progress in the
cleaning up  of  our air and water has resulted
from  this   and  subsequent  legislation. Be-
cause  of  my efforts  for  passage  of  the Air
Quality  Act  of 1967, President  Johnson  in-
vited me to the White House when he signed
the  bill into law and presented  to me one
of the pens  he  used.
  I  wholeheartedly support President Nixon's
program  for  control  of  air, water,  and  land
pollution, and I have co-sponsored  seven bills
which  constitute his legislative  program  in
this area. These bills are  designed  to wage  a
constructive  and effective  campaign  against
air  and water  pollution  by encouraging bet-
ter  soil conservation,  the development of  park-
lands  and  public recreation  areas,  as  well
as  dealing  with means of  disposing  of  trash
and all "solid wastes." This legislation is also
designed  to clean  up our water resources,  to
                   improve the  quality  of  the  air we  breathe
                   and  to remove from  the landscape  the litter
                   and  trash  which  have  become  a  national
                   eyesore.
                     The  President's plan  involves fundamentally
                   new philosophies  of air, land, and  water use,
                   stricter regulations,  increased  government ac-
                   tion,  expanded citizen  involvement  and  new
                   programs  to  make  sure  that  government,
                   industry,  and  individuals all  are called upon
                   to do  their share of the job and  to  pay their
                   share of the cost.
                     Each of the seven bills uses a  different ap-
                   proach, but  together  they form  a comprehen-
                   sive  anti-pollution   program.   Highlights  of
                   each of the bills I have introduced follow:
                     H.R. 16031: Amends the Land and  Water
                   Conservation  Fund  Act of  1965.  Provides for
                   the  acquisition of lands  for  use as  National
                   parks   and  Federal  recreational  areas.  Also
                   allows  the Government to  dispose of  lands
                   for  which  it  has  no  use,  the receipts from
                   which   would  be  used  to obtain other more
                   useful  lands.
                     H.R. 16032: Authorizes the  Council on En-
                   vironmental Quality  to conduct  studies and
                   make  recommendations  respecting  the  rec-
                   lamation  and  recycling   of   material  from
                   solid wastes;  extends  the  provisions of  the
                   Solid Waste Disposal Act,  the principal  con-
                   cern of which is the junked  car. The object
                   of this bill is to  clean up the  face of America.
                   Included  would  be  the  development  of dis-
                   posable  containers   to  help  unclutter  the
                   American  landscape.
                     H.R. 16033: Amends  and extends  the  Clean
                   Air  Act, provides  for  national  standards  of
                   ambient  air  quality,  expedites  enforcement
                   of  air pollution  control  standards, regulates
                   fuels  and  fuel  additives,  provides  for  im-
                   proved controls  over  motor  vehicle  emissions.
                   This  legislation  is  concerned  both  with  con-
                   trol of noxious discharges from internal com-
                   bustion  engines  and  with  air  pollution  re-
                   sulting from industrial discharges.
                     H.R. 16034:  Establishes  an  Environmental
                   Financing Authority  to assist local  and state
                   governments  in  the financing of waste  treat-
                   ment facilities.
                     H.R. 16035: Provides a 5-year program with
                   the  Federal and  the  State  or municipal  gov-
                   ernments  contributing  toward the  construc-
                   tion of waste  treatment facilities on a  match-
                   ing  hasis.  The  Federal  Government  would
                   contribute  40 percent  of  the cost  and  the
                   State  or  municipal  government  would  con-
                   tribute 60  percent.
                     H.R. 16036: Amends  the Federal Water Pol-
                   lution  Control Act  to  establish  standards for
                   pure  water;  implements swift  and effective
                   enforcement of  water  pollution control  meas-
                   ure. Gives the Secretary  of Interior author-
                   ity  to achieve such  enforcement  fairly and
                   equally throughout  aL  of the states.

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                 STATUTES  AND LEGISLATIVE HISTORY
                               1431
  H.R. 16037: Principally concerned with de-
veloping  and supporting improved state and
interstate water pollution control programs,
with  chief emphasis on research, investiga-
tions, training  and  demonstration  activities
conducted by the  Department  of Interior.
Also  upgrades  water pollution  control pro-
grams carried out  by  individual institutions
and agencies assisted by Federal funds.

  Mr.  Chairman, I believe the above
very well outlines my long  interest in
these problems  and  that  I  am no
Johnny-eome-lately  in  doing  some-
thing   about  cleaning  up  our  air,
rivers,  and land which problems, in
my estimation, and perhaps the most
important problems  facing  this  gen-
eration today and for future genera-
tions whose very existence depends on
what we do not to protect them.
  Mr.  SPRINGER. Mr.  Chairman,  I
yield such time as he may consume to
the  gentleman   from  Massachusetts
[Mr. KEITH].
  Mr.  KEITH. Mr. Chairman, I rise
in support of the legislation.
  Mr.  Chairman, if you  were a  non-
smoker  and  spent  a day  breathing
the air in the city of New York, you
would  have experienced the same ill-
effects  of smoking  two packs of cig-
arettes. The  air  in  New  York is pol-
luted. The air in Washington is pol-
luted. In  fact, the air in many of our
major  cities is polluted.
  The bill before us today is designed
to quicken  the  pace  of the  battle
against the destruction of our atmos-
phere.  I am  not  an alarmist in  say-
ing that time is  running out. In fact,
some experts in  the field feel it  may
be already too late.
  The  Air Quality Act of  1967 laid
the  foundation  for the battle, but
did not go far enough.  We have ex-
perienced a  hodge-podge  of activity
in the antiair pollution effort with far
too many rules,  regulations, and pro-
cedures arising from the several jur-
isdictions involved.
  The   last 3  years  have  produced
evidence that clearly shows some  na-
tional  minimum  standard   dealing
with  the emission  of  air pollutants
must be established. This bill will do
just that.  It  puts standards into  ef-
fect throughout the Nation without
having to wait  for individual  State
action.
  Further in the  area of interstate
pollution problems, it provides a clear
means  for Federal enforcement of
these  newly  established  standards.
Such authority  is  essential in  a Na-
tion that is growing closer and closer
together  through   advances   in  the
transportation and the product mark-
eting fields.
  The  enforcement provisions  have
also been strengthened so that an  ob-
viously guilty polluter  cannot rely on
administrative  delays   to   put  off
eventual  installation  of  control  de-
vices.
  This  measure further deals  with
the very  serious problem of station-
ary air  polluting  facilities. Under
this bill, the Secretary  of Health, Ed-
ucation, and Welfare  would  have  in-
creased ability  to  control and stop
such hazardous offenders.
  More than  60 percent of  our na-
tional air pollution problem is caused
by  automobiles.  This  is particularly
acute  in  areas  of high  population
density which receives  a concentrated
dosage  of  carbon monoxide and car-
bon  dioxide emissions  from  automo-
biles.
  One health association advises  pe-
destrians  to minimize  their breathing
while walking along city streets. In
fact,  they  recommend  the  rush hour
ambiant to  stop breathing  entirely
while outside an air-conditioned en-
vironment.
  It  is possible,  if we  do  not act,
that one day the Public Health  Serv-
ice  will recommend an end to unpro-
tected breathing regardless of an  in-

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1432
LEGAL COMPILATION—Am
dividual's location, unless strong mea-
sures are taken now.
  The need then for stronger air pol-
lution control measures is great. This
bill  before us  now,  Mr.  Chairman,
provides increased control and strong-
er penalties.  It better  organizes  the
attack on the polluters from the  na-
tional point of view.
  Air is the basic substance of  life.
The  elements of the air comprise  the
greater portion of our  body composi-
tion.  Without clean air to breathe all
else  is inconsequential.
  And so,  Mr.  Chairman,  I strongly
urge  my colleagues  on both sides of
the  aisle to  consider the  merits of
this  bill and vote for its final passage,
  Mr. SPRINGER.  Mr. Chairman,  I
yield such time as he may consume to
the gentleman  from New York [Mr.
HALPERN].
  Mr. HALPERN, Mr. Chairman,  I
rise  in  enthusiastic  support of  this
legislation.
  Mr. SPRINGER.  Mr. Chairman,  I
yield such time as he  may consume
to the gentleman from California [Mr.
BELL] .
  Mr. BELL of California. Mr. Chair-
man, I rise in support of this legisla-
tion.
  Mr. SPRINGER. Mr. Chairman,  I
yield 5 minutes to the gentleman from
Kentucky [Mr. CARTER].
  Mr. CARTER.  Mr. Chairman,  air
pollution, as  most of us know, causes
many diseases, bronchitis, emphysema,
and  even lung  cancer.
  The known  causative  agents  are
hydrocarbons, carbon monoxides, nit-
rous  oxides, and particulates.
  Many instances of widespread ser-
ious illnesses have followed protracted
periods  of  extreme  pollution.   In-
creases in death rates have been noted
in London, New York  City, Los An-
geles, and Donora, Pa.
  In many areas of  our country, we
still  see smokestacks belching forth
               clouds of poisonous pollutants. A still
               greater menace occurs from the many
               automobiles, 80 million, in our coun-
               try. They
                                          [p. 19216]

               account  for approximately 50  to  55
               percent of the  pollution.
                  The present  bill permits the  Secre-
               tary of Health, Education, and Wel-
               fare to  set standards  of  air quality
               throughout the country and emission
               standards for all  new smoke-emitting
               factories. In case  a  pollution  problem
               occurs, the  Secretary is empowered to
               come  into  the  State  or  region and
               institute immediate  abatement  proce-
               dures. In case of autos, new standards
               have been set  for emissions,  and the
               automobile  industry has  been quite
               cooperative. The  problem of  leaded
               gasoline  has  been  mentioned. The
               chief complaint concerning this sub-
               stance  is  that it clogs the devices
               used to  clean  the emissions,  and not
               because  lead  is  itself  a  dangerous
               pollutant.
                  All in all, it  is my feeling that this
               is a good bill and  should be passed.
                  Mr. STAGGERS. Mr. Chairman, I
               yield 3 minutes to the gentleman from
               Rhode Island [Mr. TIERNAN], a mem-
               ber of the committee.
                  Mr. TIERNAN.  Mr. Chairman, I
               thank the gentleman for yielding.
                  The report  on  H.R. 17255  by the
               House Interstate  and  Foreign Com-
               merce Committee, of which  I  am a
               member, states from the outset  that—
                 The strategies which  we have pursued in
               the war against  air  pollution  have been in-
               adequate in several  important respects  and
               the methods employed in implementing those
               strategies  often  have  been slow  and  less
               effective than they might  have been.

                  H.R. 17255 is an attempt to speed
               up, expand, and  intensify  the war
               against air pollution and for that rea-
               son, I support  its  general  thrust. The

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              STATUTES AND  LEGISLATIVE HISTORY
                              1433
problem is that the bill does not go far
enough.
  It has been shown  that  the auto-
mobile is responsible for 60  percent
of  all air  pollution in  the  United
States.  Yet  this  bill  fails to  deal
effectively with eliminating pollutants
from  this engine. Members of a bi-
partisan  group, including myself, Con-
gressmen LEONARD FARBSTEIN, DANIEL
BUTTON,  LIONEL VAN  DEERLIN, and
RICHARD  OTTINGER  have  prepared
amendments  designed  to  strengthen
H.R. 17255 so as to make certain that
automobile pollutants  are eliminated
as  a  major  source  of  environmental
decay by the mid-1970's.
  My amendment deals with the regu-
lation of fuel composition. The amend-
ment  substitutes   a   far  superior
version recommended  by the  admini-
stration, in place  of the fuel  compo-
sition  section in the  committee bill.
The  amendment would  provide  the
National Air Pollution Control Ad-
ministration with  the  power to regu-
late the  composition  of fuels,  thus
giving it the ability to ban  lead  as
well as other additives in gasoline, in
order  to reduce pollution.  It is my
feeling that the NAPCA needs this
power if we truly hope to have clean
air in the near future.
  In a comparison between H.R. 17255
and my amendment, 1 think it is clear
that the  latter is more  effective in the
fight for  clean air.  First,  the  ad-
ministration bill covers all fuels. H.R.
 17255 applies  only  to  auto  fuels.
Second, both provide for regulation of
fuel composition to  eliminate adverse
effects on  public health and  welfare.
The committee  bill,  however,  requires
that no  regulation may be established
if the health danger can be remedied
through  increased auto emission stand-
 ards. The burden is thus put on the
auto  industry,  and the  oil industry
is  left pretty  much  free and clear.
Third, the committee bill requires spe-
cific  "finds  derived  from  relevant
medical  and  scientific  evidence"  to
prove  that  a fuel or  fuel  additive
endangers  public  health  or  welfare.
The  administration  bill requires no
such rigorous proof.
  NAPCA has indicated it could prob-
ably not scientifically justify banning
lead in gasoline  under this procedure.
Fourth,  the  administration  bill pro-
vides authority for NAPCA to secure
from industry fuel additive  pollution
research it reasonably needs  to assess
pollution characteristics of fuels. The
Food and  Drug Administration has
such power.  The committee  bill pro-
vides  only the  power  to  secure re-
search  already  done. NAPCA would
thus be required  to  do much of its
own research at  a substantial addi-
tional  cost. Tied to rigorous evidence
requirement, it would  be almost impos-
sible for NAPCA to  operate  under
this procedure.
  Clean air is vital to our health and
happiness.  H.R.  17255  can  be  an
effective tool toward cleaning our air,
especially  if  we  accept  the amend-
ments   which are being  offered  to
strengthen the  bill. The  problems  of
environmental pollution, unless  dealt
with  quickly  and   effectively,  will
plague mankind  forever. The  steps
contained in H.R. 17255  are but the
bare minimum.  I  urge  my colleagues
to support this  vital legislation with
the  amendments.
  Mr.  STAGGERS. Mr. Chairman, I
yield such time as  he may consume
to the gentleman from  West Virginia
[Mr. HECHLER].
  Mr.  HECHLER of W«st  Virginia.
Mr. Chairman, I believe the  Nation is
indebted to the Congress in its demand
for  strict  air pollution control.
  Mr.  STAGGERS. Mr. Chairman, I
yield such time  as he may consume to
the   gentleman  from  Ohio   [Mr.
VANIK].
  Mr.  VANIK.  Mr. Chairman, I rise

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1434
LEGAL COMPILATION—Am
in support of this bill, but  I am also
in  support  of  amendments  which
I believe  are  important to  make the
bill more effective.
  Like many Members of this  House,
I was shocked to learn late last evening
that the  regularly scheduled legisla-
tion for today, the postal reform bill,
had been  removed from  consideration
and that  H.R. 17255, the  Clean  Air
Act Amendments of  1970  had  been
substituted. This air pollution  control
legislation is  an extremely vital bill
for  the   health  and  future  of  our
country,  and yet it has  been brought
up  for consideration  today on  less
than  24  hours' notice. The hearings
of  the committee which handled the
bill were not available  for distribu-
tion until midmorning today—2 hours
or so before debate on the bill  was to
begin. These  hearings  come in  two
volumes   and total 891  pages.  Mr.
Chairman, I wanted  to  look through
these hearings and study them,  but
the  sudden  scheduling  of  this  bill
has denied me that opportunity and
right.
  Mr.  Chairman, there are  terrible
weaknesses in this bill, particularly as
it relates to  automotive air pollution
control.
  The present   internal combustion
automobile engine is the most  serious
and dangerous source  of air pollution
in the Nation today.  The U.S. Public
Health  Service  estimates  that  the
auto causes 60 percent—or more—of
all  air pollution  in  America  today.
Automobile exhausts create 180 billion
pounds of poisonous pollutants  a year.
Medical  research teams have  found
that  heart  diseases,  lung   cancer,
respiratory ailments,  and eye infec-
tions increase in  proportion  to  the
increase   of automobiles. In addition
to  causing  disease  and  death,  air
pollution   cuts    crop   production,
destroys  trees,  and  is  estimated to
cost the economy $30 billion annually.
               The type of damage that can be done
               is well  illustrated by the U.S. Forest
               Service estimate that 1.3 million trees
               in  the   San  Bernardino  National
               Forest  will die in the  next 5 years
               because of smog on the freeways.
                  These facts, plus the  fact that the
               100  million  autos on  the  highways
               today will increase to 150 million by
               1980, demand  the strongest possible
               action.
                  The action taken by the committee
               bill will alleviate  auto pollution  for a
               little while; but  as  the  number of
               cars on the highways grows the level
               of pollution will begin to rise again.
               It will  grow  and grow until in the
               near future  auto exhaust pollution
               will be even worse than it is today.
                  It is  for  this  reason  that  I am
               supporting' four strengthening amend-
               ments  to the bill  before us today.
                  First, in the area of auto emission
               standards, I will  support  the amend-
               ment to adopt the present California
               standards as nationwide  minimums.
               Under the present air pollution con-
               trol laws, California was permitted to
               set  tougher   standards   than  the
               national criteria,  if it could be shown
               that these standards were feasible.
               These California standards have been
               set and  are  feasible and  economical.
               As a result the people  of California
               will have a  reduction of auto emis-
               sions and pollutants from new  cars;
               the people of my congressional district
               will not.  The  people of  New  York
               City,  of  Pittsburgh,  Chicago,  and
               Philadelphia will  not—and yet all of
               these cities have  severe air pollution
               problems.  The  health  of  all  these
               people is  being threatened. They have
               been "zoned" for a lower quality of
               air; they have been "zoned"  for  a
               higher  level  of disease,  sickness, and
               discomfort.
                  The bill before us  does not adopt
               the  California standards.  As a result
               the  National Air Pollution Control

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                STATUTES AND LEGISLATIVE HISTORY
                               1435
 Administration   plans  no  national
 reduction in  hydrocarbon or  carbon
 monoxide standards until 1975.
   Therefore,  I  am   supporting  the
 amendment to  adopt  the California
 standards  as nationwide minimums.
 This  will not prevent the Air Pollu-
 tion  Control  Administration  from
 setting  tougher  standards.  It  will
 require that Detroit's current know-
 how in auto emission  control will  be
 available to all Americans—not just
 Califomians.
   Second, I will support the amend-
 ment to provide for better  emission
 control devices.  Presently, when autos
 come  off the assembly line, the emis-
 sion control device is quality tested. If
 the car passes
                           [p. 19217]

 the emission test, it is  moved on  to
 the showroom  and on  to the  con-
 sumer.  Yet it now appears  that  the
 ability  of  these  emission  control
 devices to  control pollution  deterio-
 rates  rapidly as the car is used. One
 Federal  study  has shown  that  57
 percent  of  the  emission-control  de-
 vices  installed on the  auto  fleet of a
 major car rental firm failed to live
 up to their billing as smog deterrents
 after  being used only  11,000 miles.
 The committee bill before us does not
 provide for testing cars  on the road
 under real road conditions.   There-
 fore, I am supporting  the amendment
 to permit voluntary tests of cars after
 4,000  miles  of road usage. If the re-
 sulting tests indicate a failure of the
 emission  control  device, the  manu-
 facturer would  be required to bring
the device back up to standard through
 production  line  improvements  and
 recalls.
   Third, the present bill, H.R. 17255,
 does  not deal  adequately  with the
 problem of fuel composition. Lead-free
 gas will be required by  1975 to meet
 emission  standards.   But  this  bill
 places nearly impossible  conditions  on
the  National Air  Pollution  Control
Administration's  ability  to  control
fuel  composition.  First,  instead  of
applying to  all fuels,  the bill  deals
only with auto fuels. Second, it puts
the burden  of  proving that the fuel
exhaust  is  creating  a  public  health
menace on the public agency, but gives
the agency no authority to require oil
company research to prove the health
or safety of the fuel and its additives.
  Therefore, I  plan to  support an
amendment  which  will  permit  the
Department  of  Health,  Education,
and Welfare to  regulate fuels  that
would be  dangerous in present,  high
emission autos. It would also require
the industry to provide the necessary
research to  determine the absence  or
presence of  health dangers in  fuel
mixtures and additives.
  Fourth, and most importantly, I will
support the amendment to phase out
the internal  combustion engine from
use in automobiles. This amendment
is the most vital. It is  only through
this amendment that we really  begin
to solve  the pollution problem.  This
amendment   will    involve   major
changes. But the seriousness of the
pollution  crises   demands  changes.
Earth Day  speeches  are not enough.
Action is  demanded.
  This amendment is needed for two
reasons. First,  emission controls can
only remove a  certain  percentage, a
certain amount of the emission pollu-
tion and poison produced by the in-
ternal combustion engine. Second,  as
the number of motor vehicles increase,
the  total  staggering level of  auto-
mobile air  pollution will rise—even
though the  pollution per vehicle will
be less. In a few years, our cities will
be  even  more  choked  with exhaust
fumes than they are today.
  The solution  is to move to a new
power source. We  must plan now  to
move beyond the present technology.
  The bill before us makes no  pro-

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1436
LEGAL COMPILATION—Am
vision  for  better pollution  standards
after 1975. Emission standards would
be geared to the internal combustion
engine instead  of the machine being
geared  to  mankind's survival under
this  bill. If  the  standard car motor
cannot  be   substantially  improved
after 1975—and  it  does not appear
that it can be—the car industry would
be permitted to continue to  mass pro-
duce life-killing  internal combustion
engines. The amendment would warn
Detroit that not just the cleanest gas-
oline engine must  be developed,  but
the cleanest possible  energy source—
whether it be  electric, steam or  gas
turbine.  If the internal combustion
engine could not meet  the  standards
set by  a feasible and  clean propulsion
system, production of  the polluting
engine  would  be  gradually phased
out.  In 1975  engines of more than
375  horsepower—and comprising  less
than 5 percent of  all new car sales
today—would be  no longer  produced.
Engines of over 275 horsepower would
be phased out in  1976; those over 175
horsepower in  1977,  and all internal
combustion engines in 1978.
  There is agreement by experts in
the field of propulsion  systems  that
pollution-free units can  be  mass pro-
duced  almost immediately,  that  such
engines can be  cheaper to  operate
than   existing   internal  combustion
engines and will  provide the public
with all the performance qualities he
has come to demand from his modern
automobiles—without the creation of
poisonous  wastes.
  The  elimination of the internal com-
bustion engine will be a major conver-
sion, but jobs will not be eliminated;
industries need not be dislocated.
  It is a task we must undertake.  The
future of our Nation and the health
of our  people are critically involved.
  There are other  sections  of  this
legislation  which  I do  support  and
applaud, Mr. Chairman.
                  The move to establish national am-
                bient  air  quality  standards is long
                overdue.  To  date,  the States  have
                been left  to establish their  own  air
                quality  standards.  In all  too  many
                areas, there has been delay and foot
                dragging—and ridiculously low  stand-
                ards  set   to   accommodate   local
                industries and  interests.  The  estab-
                lishment  of national standards  will
                insure action throughout  the Nation
                on a rapid basis.  A  State would be
                left free,  of course, to get  stronger
                standards if it so wished. Further, if
                a State  fails to  enforce its plan,  the
                Secretary of Health, Education, and
                Welfare  can notify  the   State  and
                persons who violate the plan. If, after
                such notice, the State fails to  act
                within  30 days,  the  Secretary of
                Health, Education,  and Welfare  may
                request  the  Attorney General  of  the
                United States to bring suit to  secure
                abatement and cessation of the pollu-
                tion. A court may then assess  a fine
                of up to $10,000  per day for each day
                during which the polluter fails to take
                corrective action.
                  I   am   particularly pleased,  Mr.
                Chairman, that this bill moves toward
                a concept which I have  long advo-
                cated: the establishment of industry-
                by-industry    pollution    standards.
                Under  this bill,  the  Secretary of
                Health,  Education,  and Welfare can
                establish emission standards  with re-
                gard to any class of new stationary
                sources which, because of  the nature
                or  amount  of   emissions,  may  con-
                tribute substantially to endangerment
                of the public health or welfare. It is
                my  hope  that he will establish  stand-
                ards on an industry-by-industry basis,
                taking  advantage of  the  latest tech-
                nology.
                  A steel mill, operating anywhere in
                Ohio,  or the Nation, should be  re-
                quired  to  make the same  kind of
                effort to control  the pollution emission
                of an oxygen  steel furnace. A steel

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                STATUTES  AND LEGISLATIVE HISTORY
                               1437
mill creates pollution in certain ways
wherever it is located. The procedures
to  control  this  form  of  pollution
are  likely  to  be  substantially  alike.
If  we would  insist  on uniform  ap-
proaches for pollution control of this
industry—wherever   the  plants  are
located—the competitive benefits  of
a dirty plant  would be eliminated. A
steel  plant  in Youngstown, Massilon,
or  Middletown  would have  to  make
the  same effort to  control  pollution
as a plant in  Cleveland. There would
be no profit in pollution. There would
be  no production cost advantage  to
the dirty producer. When the profit is
eliminated  in pollution  by  uniform
high  standards   in  air quality and
pollution  control, the battle will  be
won.
  Under the  same  principle, HEW
could establish uniform pollution con-
trol standards for the chemical, oil re-
fining, foundries, food processing, and
cement-making  industry,  and  other
industries.  In  each case the  pollution
control regulation would be directed
to the specific pollution of a specific
industry. Every  plant within  the same
group could be  required  to  maintain
the same high standards. There would
be  no variation in  pollution control
procedure  by a given  industry by
region or area of operation. The stand-
ards for each type of plant would be
the same in Zanesville as they are in
Dayton or  Cleveland. No  other  part
of the State or  Nation  could lure our
industry on the basis  of a  greater
tolerance for pollution.
  I feel  that  Federal  standards  for
pollution control on  an industry-by-
industry basis are necessary and in-
evitable. National standards  of pollu-
tion control would  prevent   another
State from  attracting any industries
because of  a greater pollution  toler-
ance.  Such competition is unfair and
against the public interest.
  Mr.  STAGGERS.  Mr. Chairman,  I
yield such time as he may consume to
the   gentleman  from  Texas  [Mr.
CASEY].
   Mr.  CASEY.  Mr.  Chairman,  the
people of Houston and Harris County,
Tex.,  know  the  seriousness  of  air
pollution. We have  lived with it for
many years—and in  spite of deter-
mined  efforts  by our local  govern-
ments to  control it—we know it can-
not be  done without Federal  help.
   Some 15 years ago,  when I had the
privilege  of serving as county judge,
the  administrative  head  of  Harris
County, I was instrumental in having
our  commissioners court, on  its own
initiative, create the first air pollution
control program in the State of Texas.
We had no State or Federal laws to
guide us.  We worked closely with our
major industries to  seek their volun-
tary  cooperation  to  curb  pollution.
Some  did. Others  did not,  and we
brought suit against nearly a hundred
major industries and obtained agreed
judgments against  most of  them.  I
know what local governments can do
to curb pollution—if  the locally elected
leaders have the courage and determi-
na-
                           [p. 19218]

tion  to  take action.  I  also know they
cannot  do it all  alone, and need  the
vast resources of the Federal  Govern-
ment to assist them.
   Some  of us  were   deeply disap-
pointed when the first Clean Air  Act
was  brought  before this  House on
July  24, 1963. Like the first Water
Pollution  Control Act of  1961,  we
found that few, if any, of its provi-
sions were of help in  combatting  our
own  local  problems. Many  followed
my example,  and voted against these
two measures as a matter of  protest
in the hope they would be  sent back
to   committee   and    substantially
strengthened.  Subsequently,  as  my
colleagues know, our objections were
     526-70! O - 73 - 18

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1438
LEGAL COMPILATION—Am
heard  and these acts broadened and
the hand of cooperation was  extended
from the  Federal  level to  our States
and  localities. And I have supported
these programs  since that time.
  I learned another fact at  the local
level of fighting air and water pollu-
tion, and  that is this: industry needs
help in paying the  massive cost  of
installing   the  devices  necessary  to
curb the  emission of pollutants.  In
Harris  County,  many  of  the   air
scrubbers   and other devices needed
cost  as much as $1%  million  and  that
was  in the mid-1950's. When I entered
Congress,  one of the first major bills I
introduced was  to give industry  the
necessary tax incentive to install anti-
pollution devices by permitting rapid
amortization of the cost. For years, I
pushed  the administrations  of both
parties to endorse such a proposal. It
was  with  great personal  satisfaction
that  I  saw  these provisions  finally
enacted into law in the Tax  Revision
Act signed by the President on Decem-
ber 30, 1969.
  Industry now has the incentive, and
you can see the  effect in nearly every
major  publication  as company after
company announces how much it plans
to spend  to curb pollution.  I take
modest pride in  stating that this one
provision  enacted  into law  by  this
House  will do more  to curb pollution
than all we have  done so far in  this
field, for we have  voluntarily enlisted
the  great  resources  and  technology
available to industry  to aid us in this
fight.
  In Houston and Harris County,  as
I know in other parts of our country,
the people are deeply disturbed over
the defilement of  our air  and water
resources.  Many new groups are being
formed to join in the  fight for a clean
environment,  and  those of  us  who
have  long  been  concerned  welcome
with enthusiasm  their great  assist-
ance. My   hope  is that their  enthu-
               siasm never wanes, for it is going to
               be a long fight to  reverse the decades
               of negligence  and it cannot be done
               without the cooperation of our people,
               our  industries,  and our  government
               at all levels.
                 Today,  as  the  House begins  its
               consideration  of the Clean  Air Act
               Amendments of 1970, which I intend
               to support, I  express my thanks on
               behalf of  our people to the  distin-
               guished chiarman and members of the
               committee for their work on this bill.
               The   funds  authorized  under  this
               legislation  are urgently needed, if, as
               the committee  report stated, we  are
               to assure  "that the  air  we  breathe
               throughout the  Nation is  wholesome
               once again."
                 Mr.  STAGGERS.  Mr.  Chairman,
               might I inquire how much time is left
               on this side?
                 The  CHAIRMAN. The  gentleman
               has 2 minutes remaining.
                 Mr.  STAGGERS.  Mr. Chairman, I
               yield 1 of those minutes to the gentle-
               man  from  New  York  [Mr.  FARB-
               STEIN].
                 Mr. FARBSTEIN. Well, Mr. Chair-
               man, I suppose all I can say in pass-
               ing is  we got as much notice  of the
               fact  that the bill was going to be on
               for today as  the  time  I am getting
               now. However, four  amendments will
               be offered.
                 And I will offer one of the amend-
               ments.  Three  other  gentlemen  will
               offer the other  amendments, we will
               try to do something to tighten the bill,
               to make it effective, so that it will
               benefit the people instead of benefiting
               the automobile companies and the oil
               companies.
                 Mr.  Chairman,  according  to  the
               Public  Health Service,  the auto  is
               responsible for 60 percent of all  air
               pollution—180 billion pounds—in this
               Nation. Pollution from  the  auto is a
               serious  health hazard  in every city
               in this country  with  a  population of

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                STATUTES AND  LEGISLATIVE HISTORY
                               1439
50,000 or more. This air pollution is
the cause of disease and death, cuts
crop yields and kills forests, and costs
the  economy  $30  billion  annually.
Automotive air pollution thus stands
as  the  logical target  of  those who
want to improve  the quality of  the
environment. If the Federal  Govern-
ment is willing to undertake the com-
mitment, the auto can be eliminated as
a major source of air pollution by the
mid-1970's  and a radical  reduction
achieved almost immediately.
  The air pollution bill we have before
us, H.R.  17255, fails to achieve this
objective. Indeed,  it appears  to bend
over  backward  to accommodate  the
auto and oil industries.  It is far more
limited  than the recommendations of
the administration.
  Indeed, with respect to some pro-
visions  of the bill the public  interest
might better be served if there were
no  bill  at  all.  If we  are going  to
eliminate the auto as a source  of air
pollution, it is  going to require more
than  Earth Day speeches.
  The following four amendments are
being offered to the bill in an  attempt
to bring this legislation  up to the level
of   the administration  recommenda-
tions and give the  House an oppor-
tunity  to assert  its commitment  to
save the environment by going beyond
the administration position.

  1. VOLUNTARY FEDERAL INSPECTION
      OF DEVICES IN OPERATION

  Congressman VAN DEERLIN  will of-
fer an amendment authorizing volun-
tary inspection of auto control devices
in operation for  over 4,000 miles. If
a  defect  pattern is uncovered,  the
company would be required to correct
it at its own expense,  and certifica-
tion of  the device would be  revoked
until  the  design defect  was also cor-
rected.
  Auto  engineers  say it is almost im-
possible to judge if a device works un-
til after the vehicle is broken in after
approximately  4,000 miles.  While as-
sembly line inspection  can  test indi-
vidual devices  for quality control, no
opportunity exists to  see if  the  de-
vice actually works in operation. Eeg-
ulations require devices to work up to
50,000 miles. Current tests simulating
operating  conditions,  however,  are
unrealistic.
  NAPCA tests of  rental cars oper-
ated  at   various  mileage  intervals
found that after a few thousand miles
up  to  80 percent of  vehicles tested
failed at  least  one  emission  test. A
study conducted by the  California  Air
Resources  Board   corroborates  this
study.  This amendment  provides  an
implied  warranty to insure the  de-
vice is manufactured to meet the mile-
age requirement.

2. ADOPTION OF THE EQUIVALENT  OF THE
       CALIFORNIA STANDARDS

  Congressman BUTTON will offer an
amendment  to establish  as national
automotive  emission  standards  for
1971, 1972, and 1974 standards equiv-
alent  to  those already  adopted   by
California. These  would be minimum
standards, and would in no way pre-
clude  the Secretary of the Depart-
ment  of Health, Education, and Wel-
fare from setting higher  standards
or standards for other years.
  Current  administration  pronounce-
ments call for  no change in auto pol-
lution  standards  for  existing  regu-
lated pollutants from the 1970 stand-
ards until 1975.
  In the  meantime, we  are  to  be  left
with the  current  standards and   an
ever-increasing number of cars. Under
current law, California  can set higher
emission  standards  for autos  in   its
jurisdiction, if they are approved as
technologically  feasible by HEW.
  California  has  set  standards  far

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1440
LEGAL COMPILATION—AIR
more  rigorous  than  1970  Federal
standards. These have been approved
by HEW and will be required  of the
10 percent of the auto market which
is produced  for  California.  We see
no reason these standards should not
also  apply to the other 90 percent of
the market. It is not a  question of
technological capability or economics,
only whether citizens of New York or
Miami  may  have  the  same  oppor-
tunity for cleaner air as those  in Los
Angeles. What  makes  it  even more
imperative that such standards apply
nationwide is the  general unavaila-
bility of California devices outside the
State—even if the  individual is will-
ing  to wait  and pay  more  to get
them.

3. AUTOMOTIVE EMISSION STANDARDS BE-
  GINNING  WITH THE  1975  MODEL
  SHOULD BE BASED ON THE CLEANEST
  FEASIBLE PROPULSION  SYSTEM

  I  will offer an amendment  to  set
auto emission standards beginning in
1975  on  the  basis of  the  cleanest
feasible  propulsion  system.  Large
horsepower  internal combustion en-
gines  which  cannot meet the  stand-
ards would be phased out first based
on the folowing timetable:
  Based on sales of 1969 American
cars, the phasing out would  have the
following effect:
  Three  hundred   and  seventy-five
horsepower  in 1975—less than 5 per-
cent of new car sales.
  Two  hundred   and   seventy-five
horsepower  in  1976—35  percent of
new car sales.
  One  hundred   and   seventy-five
horsepower  in 1977—all  but 10 per-
cent of new car  sales.
  All  internal combustion engines in
1978.
                           [p. 19219]

  Current auto  emission standards
               are based on what the inherently pol-
               luting internal combustion engine can
               achieve. There is general recognition
               that the  internal combustion engine
               cannot be cleaned  up  much beyond
               the standard proposed by the admin-
               istration for 1975 models. This amend-
               ment sets standards based  on  what
               the  best  available  technology  with
               whatever  engine system can achieve
               these standards. Its object  is  clean
               air.
                 There   is  also general  agreement
               outside  of Detroit that pollution-free
               propulsion systems can be mass pro-
               duced almost immediately.  Such  en-
               gines are cheaper to manufacture and
               operate than existing internal combus-
               tion engines and provide the consumer
               with all  the  qualities he has come to
               expect in  an automobile.
                 Phasing out  large horsepower  en-
               gines first has the advantage of elim-
               inating  the  highest pollutant  first.
               Large engines   burn more fuel and
               thus  produce higher levels of pollu-
               tion.  It also has the following  addi-
               tional advantages:
                 It is  easier to develop  a new pro-
               pulsion system in large engines.
                 Fewer people  buy automobiles with
               large engines for personal use, there-
               fore, any recalls that might be nec-
               essary to perfect the  system would
               affect fewer  people.  The industry fol-
               lows a practice now of putting experi-
               mental  systems, which may  need re-
               calling to perfect them, on  "odd-ball
               lines" that attract  fewer customers
               and inconveniences  fewer customers.
               This would follow that practice.

                 4. REGULATION OF FUEL COMPOSITION
                   AND THE ELIMINATION OF LEAD

                 Congressman  TIERNAN  will  offer
               an  amendment that would substitute
               for  the   committee  fuel  composition
               section, the far  superior version rec-
               ommended by the administration.

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                STATUTES  AND LEGISLATIVE HISTORY
                               1441
  Under California law, the State Air
Resources Board is empowered to reg-
ulate the composition of  fuels  with
the  aim of  reducing pollution.  The
exercise  of this power has brought a
significant reduction  in pollution.
  A major element in the administra-
tion's  air  pollution  program is  to
provide  the  National Air Pollution
Control   Administration—NAPCA—
with  a similar nationwide  authority,
which could  be used to  regulate  or
ban  lead as  well  as other additives
in gasoline. Going beyond regulation
of  lead  is  important  as there  are
other  harmful  additives,  especially
among potential substitutes for  lead.
  The committee bill leaves the  shell
of the administration fuel regulation
power, but effectively "guts"  any ac-
tion under  it. This  is demonstrated
by  reference  to at least four of  its
provisions. First,  the administration
bill  covers all fuels.  H.R.  17255 ap-
plies  only to auto fuels. Second,  both
provide  for regulation of  fuel  com-
position  to eliminate adverse effects
on  public  health   and  welfare.  The
committee bill, however, requires that
no  regulation may be  established if
the  health  danger can  be remedied
through   increased  auto   emission
standards. The burden is thus put on
the auto industry,  and the oil industry
is left  pretty much  free and clear.
Third,  the  committee  bill  requires
specific  "finds derived from relevant
medical  and  scientific  evidence"  to
prove that a fuel  or fuel  additive en-
dangers  public health or welfare. The
administration bill requires no  such
rigorous proof.
  NAPCA has indicated it could prob-
ably not scientifically justify banning
lead in gasoline under this procedure.
Fourth,  the  administration bill  pro-
vides authority for NAPCA to secure
from industry fuel additive pollution
research it reasonably needs to assess
pollution characteristics of fuels. The
Food  and  Drug Administration  has
such power.  The committee bill pro-
vides  only the  power  to secure re-
search already  done. NAPCA would
thus be  required  to  do much of its
own research at a  substantial addi-
tional  cost.  Tied  to  rigorous   evi-
dence  requirement,  it  would  be al-
most impossible for  NAPCA to oper-
ate under this procedure.
  Mr.  CRAMEE.  Mr.  Chairman,  I
was pleased  to  vote  in  favor of the
rule on H.R.  17255,  a  bill to  amend
the Clean Air Act.  The crisis of air
pollution is one of  the  most critical
domestic problems facing  our Nation
today.  This  problem must be  faced
up  to and under the provisions of the
bill we are  considering here  in the
House today  we are showing our con-
cern by proposing to speed up, expand,
and intensify the war against air pol-
lution. We are  attempting to assure
that the  air we breathe is wholesome
once again. Mr. Chairman, I  support
H.R. 17255 and trust it will have the
overwhelming support of  the  House.
  Mr.  DONOHUE.  Mr. Chairman,  I
most  earnestly  hope and  urge  that
this measure  before  us,  H.R. 17255,
providing for  a more  effective  pro-
gram to improve the quality of the air
we  breathe throughout this  Nation,
will be speedily and overwhelmingly
adopted.
  For  several years  we have clearly
and rightfully  recognized  air pollu-
tion as a major national danger and
we  have initiated  legislative efforts
to control and eliminate this danger.
  However,  and  unfortunately,  the
evidence  that has been presented to
us  today obviously and definitely re-
veals  that the procedures and instru-
ments  which we have been pursuing
in this war against air pollution  have
been  deficient  in several  important
aspects, and  the means and methods
employed in  implementing  these pro-
cedures have been too often too slow

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1442
LEGAL COMPILATION—Am
and much less effective than  what is
necessary  and  essential  to  timely
achieve and  complete the objective.
  In  summary, this  measure, there-
fore,  is  proposed  and recommended
to strengthen existing legislation  by
declaring each  State  an air-quality-
control region; by establishing and
promulgating more stringent nation-
wide  air pollution correction stand-
ards for new stationary  sources, for
automobile  and  engine  testing,  for
automotive and aircraft fuels; by re-
quiring  Federal facilities to comply
with all  applicable standards; by im-
posing stricter  and more severe  im-
plementation procedures and  enforce-
ment penalties; and by increasing and
extending the appropriations  authori-
zations to  carry out  these  provisions
over the next 3 years.
  These   new   legislative  provisions
combined with  the proven values in
our  existing programs will serve to
project  a  more  effective  corrective
and  containment  attack upon this
major health menace  of air pollution
which threatens  to  continuously  in-
crease unless we promptly adopt more
vigorous measures.
  In essence and in reality, Mr. Chair-
man,  this is a matter  of life and
death  of our American people, and I
hope that this bill will be unanimous-
ly approved without  extended delay.
  Mr. MONAGAN. Mr.  Chairman, I
support  the Clean Air Act  Amend-
ments of 1970 to provide for a more
effective program to improve the qual-
ity of the air we breathe.
  I  supported the Clean Air Act of
1963 and the Air Quality Control Act
of 1967, and I wholeheartedly support
the  1970 amendments to expand and
intensify the offensive against air pol-
lution.
   The Clean Air Acts in 1963  and
 1967 were good starts in the fight to
 alleviate air pollution  hazards,  but
air pollution continues to pose a ser-
                ious  threat  to  the health and  well-
                being of  American citizens. We need
                more  stringent regulations guarding
                the quality of the  air we breathe and
                we need  vigorous  enforcement of  the
                regulations designed to curb air pol-
                lution. I am pleased that this bill ful-
                fills both of those requirements.
                  The  bill under  consideration con-
                tains  several new provisions  for  in-
                suring cleaner  air: First, the Secre-
                tary  of  the  Department  of  Health,
                Education, and Welfare is authorized
                and  directed to establish  nationwide
                air quality standards. Under the pro-
                visions of the bill  States  will be free
                to establish  stricter  standards,  but
                they  would  have to comply with  the
                minimum Federal  standards. For  ad-
                ministrative purposes, each State will
                constitute an air  quality  region, and
                if a State fails to  adopt an acceptable
                air quality  plan,  the Attorney Gen-
                eral  is  authorized to bring  suit  to
                secure abatement  of polluters within
                the  State  who violate  the  Federal
                standards. A court may assess a pen-
                alty  of $10,000 a day against persons
                failing to comply  with the law.
                  Second, the bill  sets forth  Federal
                emission  standards for new stationary
                sources  of  pollution,  and  provides
                for either State or Federal enforce-
                ment of these provisions. Under exist-
                ing law,  States set the emission stand-
                ards and the new Federal standards
                will prevent States from trying  to at-
                tract new industries by  having  lax
                pollution emission  control  standards.
                  Third, the bill provides for tighter
                automotive emission control standards
                and  for  new testing and  certification
                procedures to insure  that new  motor
                vehicle engines comply with the reg-
                ulations.
                  Fourth, the  bill establishes new
                limitations  on  fuel  additives  which
                endanger the health and welfare of
                persons  or  which interfere  with  the

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                STATUTES  AND LEGISLATIVE HISTORY
                               1443
proper functioning1  of emission con-
trol  devices.
  Fifth,  the bill, for the first time
provides  for the imposition  of emis-
sion and  fuel additive standards for
aircraft.
  The emphasis  that  this bill  places
upon automobile emission  standards
is entirely in order. Automobiles are
responsible for
                           [p.  19220]

over  60  percent  of the Nation's air
pollution, and  if we  can implement
tight, workable emission standards in
this  area, we will be  almost halfway
home.
  Also, the  promulgation of nation-
ally   uniform  standards  recognizes
that air  pollution is a national prob-
lem  and  cannot be treated by  estab-
lishing  small pockets  of resistance.
Without   national  standards,   States
will never succeed in cleaning up their
air if neighboring States do not  go
along  with   them   in  establishing
standards.
  This is a good bill,  and I urge my
colleagues to join  me in supporting
this  measure.
  Mr. BENNETT. Mr. Chairman, I
am happy to  support legislation  to
amend the  Clean Air Act.  My bill,
H.R.  15871, is  similar to the bill re-
ported from  the committee.
  I strongly  favor  the thrust of this
legislation. I belive it is needed and
will  strengthen the Clean Air Act.
  Over the  last 15 years,  Congress
has enacted laws to control air  pollu-
tion. The first  legislation passed was
in July  1955, authorizing a  Federal
program  of research in air pollution
and technical assistance to  State and
local  governments.  In the period be-
tween 1955 and 1963 it became clear
that not  enough was being done  to
curb air  pollutants, and in December
1963  the  Clean Air Act was passed.
Improvements  to the  Clean Air Act
were  made by Congress in 1965  and
1967,  which I have supported.
  The bill the  House  is considering
today has a wide sweep to it, propos-
ing the  Federal  Government  to do
more  to  halt the rising health  and
economic  hazard  of  air  pollution,
which  I  am  told costs the  American
people some  $12 billion  annually in
economic  loss  alone.  This  estimated
cost due  to air pollution is damage to
property  and materials,  agricultural
losses, reduced  property values  and
reduced visibility that may contribute
to  automobile  accidents  and airport
delays. My own  hometown of Jackson-
ville,  Fla., has  experienced  two  sep-
arate incidents  of this type.  In 1948
nylon blouses and  stockings  actually
disintegrated on the wearers and in
1961  severe  vegetation damage  was
experienced in  the  residential  areas
on  both sides of the  St. Johns River,
which  flows  through  the middle of
Jacksonville.  National  Air Pollution
Control  Administration  experts  say
there  is little doubt that air pollution
caused these  incidents.
  As  President Nixon said in  his
message   on  environment,  February
10,  1970:

  Air is our most vital resource,  and its pol-
lution  is  our  most  serious  environmental
problem.

  The problem  is one which  must
be  solved through strong legislation
and also by individual action.
  I believe  the Federal  program to
halt air  pollution is  providing vital
assistance to  State and local communi-
ties. In the last several years it  has
been my  pleasure to  have  Dr. John
T. Middleton, Director  of the Federal
air  pollution program, and  his  re-
gional director, Gene  B. Welsh, of
Atlanta,  participate  in urban and en-
vironmental seminars in Jacksonville.
They  both gave  excellent  presenta-
tions  and helped  to alert  local  offl-

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1444
LEGAL COMPILATION—AIR
cials, civic  leaders and citizens  to
the need and availability of anti-air-
pollution programs. This has  helped
spur citizen action. In Jacksonville we
have some very effective leaders in the
fight  to control  air  pollution.  For
example, Mrs.  Lee Adams, is  stimu-
lating private  and public efforts for
clean air in Jacksonville.
  Mr.  Chairman,  the  House  Inter-
state and  Foreign Commerce  Com-
mittee has provided substantial leader-
ship for a nationwide battle against
air pollution.  I support this legisla-
tion to approve  the  strongest  and
mest effective measure to combat this
problem.
  Mr. PRICE  of  Illinois. Mr.  Chair-
man, I  am  pleased to  have this op-
portunity  to express my concern re-
garding the needs of  my area  for
combating air pollution and for ameli-
orating  waste disposal methods.
  These are among the  crucial prob-
lems that must be faced today. They
vitally effect  the health and  wealth
of  the  entire  Nation.  The  current
focus on the area  of ecology demon-
strates  the  intense concern the  peo-
ple  of  the  country  have  for  these
problems.
  Last  August,  the St. Louis  area
experienced a  pollution blackout  —
the atmosphere became unable to dis-
perse pollutants. Not until  the winds
increased was the problem  alleviated.
In this  day and age of  enormous in-
dustrial complexes and increased use
of  roadways,  we  cannot  wait  or
even  count  on  nature  to  lessen  the
threats  these problems  create. After
all, we cannot yet control the weather.
The urgency of finding solutions to
effectively control  air  pollution in-
creases  daily.
  We must now increase our  efforts
towards finding an effective solution
to this problem. To be effective, these
efforts  must include more stringent
standards of  air quality  and meth-
               ods of enforcement of these standards
               to be applied nationwide. There must,
               of  course,  also  be  a  provision  for
               curtailing pollution emissions to pre-
               vent crisis episodes as we experienced
               in August. The urgency of this prob-
               lem must be impressed on all regions
               of  the country,  and each  must  be
               required to  comply  either with  the
               standards published in the  Federal
               Register or  with  equivalent ones. The
               regions, furthermore,  must be  re-
               quired to conform in the most expedi-
               ent way. Their plans, therefore, must
               be  submitted for  review and  there
               must,  in  addition, be  at intervals,
               inspections  of each  air quality con-
               trol  region.
                 There must also be a provision for
               overcoming  the present confusion that
               exists in our air quality control region
               since  both  States  were  required  to
               submit standards by January 6, 1970,
               and  by July 5, 1970, each State must
               submit implementation plans.
                 Finding more practical and economi-
               cal waste disposal  methods must  be
               of  equal  concern  to  us,  especially
               since incineration increases air  pollu-
               tion.
                 The  States  must be  directed  to
               make  greater efforts to initiate  ex-
               perimental waste  disposal systems and
               to develop  new  techniques for solid
               waste  disposal.
                 Methods must  be developed to re-
               duce  the  amount of money and ef-
               fort spent on dumping and incinera-
               tion—the  two  prevalent methods  of
               disposing of wastes  today. Improved
               techniques must  be developed to re-
               cover useful materials from the waste
               and to lessen the  amount  of useless
               materials.
                 It  is  imperative  that  there now
               be  additional endeavors by Congress
               to improve techniques of air pollution
               control and waste  disposal. We must
               not rest in our efforts. If further re-
               search is required  to  find  solutions

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               STATUTES AND LEGISLATIVE  HISTORY
                               1445
for ending air pollution or for find-
ing practical or inexpensive ways  of
disposing of waste, let it be. But, con-
currently, more effective methods and
standards must be implemented.
  The legislation that is currently be-
fore the House, H.R. 17255 and H.R.
11833,  can effect these goals.  There-
fore, I strongly support these bills and
urge their  adoption.
  Mr.  COHELAN. Mr. Chairman, I
rise in  support of H.R.  17255,  the
Clean Air Act, but I do so with mixed
emotions and many reservations.
  This  bill  represents  a step ahead
in the  effort to curb air pollution. I
was particularly pleased to see  that
the Secretary  of  Health,  Education,
and Welfare is directed to establish
nationwide  air  quality standards. I
am  concerned,  however,  that these
standards will not  be stringent  enough
or  adequately  enforced to  curb  air
pollution.
  I am especially  concerned that this
hill does not directly attack the pri-
mary cause  of air pollution  —  the
automobile.  According  to  the  Public
Health  Service, automobile emissions
are responsible  for 60  percent of  all
air pollution. This fact dictates  the
need  for a  concentrated  attack  on
automotive  emissions.
  It was for this  reason that I  sup-
ported   the  four   amendments  that
were offered today. The first  author-
ized voluntary  inspections  of auto-
mobiles  after  the first  4,000 miles
and required  manufacturers  to  cor-
rect defects  in  the emission  system.
  Another   amendment  would allow
the adoption  of  California emission
standards  as  nationwide  minimums.
It would not  preclude  the  setting of
still tougher  standards by  NAPCA.
It  would  insure   that the   current
technology  on  the  production  line
would  be made available to  all  the
States,  not  just California.
  The   third  amendment  would   re-
store  the  administration  bill's  pro-
visions with  regard to fuel  composi-
tion. Rather  than placing the burden
of proof  on the  agency, it would per-
mit NAPCA  to both regulate fuels
which would  be  dangerous in current,
high emission vehicles, and to require
and obtain from industry the research
necessary to  determine  the  presence
or absence of  health hazards from
fuel mixes or additives.
  The  last amendment  would  serve
notice on the auto industry  that fur-
ther progress after  1975  is impera-
tive. It would provide for the gradual
adoption of emission  standards based
not on the possibilities of a  pollution
free internal  combustion engine,  but
of the  most pollution free propulsion
system available.  The object is clean
air;  the  standards should be set to
achieve  that  object, not  to fit  a par-
ticular type of engine.
  Most important is  that this  Nation
should  have  realistic and enforceable
air quality standards. I am  not con-
vinced
                          [p. 19221]

that the  Secretary of Health, Educa-
tion, and Welfare can act with enough
speed. Thus I favor the  imposition of
some  additional emission  standards,
such  as  the  California  standards,
which are  enforced.
   I hope that when  the bill returns
to the  House  that  the questions  I
have raised will be more satisfactorily
answered.
   Mr.  RYAN.   Mr.   Chairman,  the
problem  of  environmental  pollution
is one of  the most serious  problems
facing our Nation.
   Air  pollution  is dangerous  to  our
health  and   to  our  economic well-
being. At last there is a  public aware-
ness and concern about air  pollution
which makes it possible to enact far-
reaching legislation.  H.R. 17255, the
Clean Air Act  Amendments of 1970,

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1446
LEGAL COMPILATION—Am
does strengthen air pollution control
programs,  but it does  not embrace
the approach  which  I  believe neces-
sary.
  One   area  where  the  legislation
falls short  is  in  section 112, which
deals  with emission  standards  for
stationary  sources. The bill provides
the Secretary  of  Health,  Education,
and  Welfare  with the power to es-
tablish  standards  for  such  sources
only when  they are  new  and  only
when they endanger the public health
and  welfare—an  unduly  restrictive
test. The test should be whether any
source—old  or  new—degrades   the
quality of  the  environment.
  There must be  stringent  Federal
emission standards for all stationary
sources, and these standards must be
strictly enforceable.
  Under the pending bill,  each State
would  become  an air quality  region,
permitting  the Secretary  of Health,
Education,  and  Welfare  to  create
interstate  regions when he  deems  it
necessary.
  I fear that this emphasis on State
action  rather than  regional action
is a move  in the wrong direction. In-
stead  of  turning  to  State  govern-
ments  which  have too often  demon-
strated their  unwillingness  to  take
effective  action to  control pollution,
the regional approach  should be ex-
panded. My  bill,  H.R.  17113,  does
just that.
   Air   pollution  knows no  political
boundaries.  It cannot be  confined
within  the  borders of any  one State.
Neither city nor State lines can hold
the  menace of air  pollution,  as  is
evident in the New York-New Jersey
metropolitan  area.  My bill  provides
authority for the Secretary of Health,
Education,  and Welfare to create air
quality regions and air quality con-
 trol  commissions  which  would  set
standards  for  the   regions  and en-
force the established standards.
                 Another area of  the  bill which  is
               not  strong enough  is  that  section
               dealing with enforcement.
                 My  legislation,  H.R.  17113,  would
               permit the Secretary of Health, Edu-
               cation, and  Welfare  to issue court
               enforceable cease and  desist orders
               against polluters.
                 In  addition, my  legislation makes
               acts of pollution civil  offenses subject
               to  fines  of  $50  to $2,000  for each
               violation. I think  the  combined ap-
               proach of  cease  and  desist orders
               and monetary fines  provides the type
               of  strict  enforcement  which  is nec-
               essary to make the polluters of our
               environment  understand  that  they
               can no  longer  poison  our  air with
               impunity.
                 Also my bill provides that  a  pri-
               vate  citizen may bring suit in the
               name  of and on behalf  of the United
               States against the polluter  when the
               Federal   Government  fails  to  take
               action.
                 H.R. 17113 bans leaded gasoline.  It
               is  clear  that  leaded gas  is a  sig-
               nificant  contributor to  air  pollution.
               It is also obvious  that unleaded gaso-
               line is feasible; such  a  product is on
               the  market  today.  Manufacturers
               would have 1 year to  cease producing
               this detrimental fuel.
                 H.R.  17113 also provides  for  a
               State  motor  vehicle  inspection  pro-
               gram. This program would be run by
               the Secretary of Transportation, who
               would be able to impose, before ap-
               proving  any  State highway  safety
               program, the  requirement that such
               a  program  include    inspection   of
               emission  control devices as one of its
               features. In  addition,  grants would
               be  made available  to meet the costs
               of  the inspection program.
                 I intend  to  support the  amend-
               ments to  be offered  which would
               strengthen the motor  vehicle pollu-
               tion section of this  bill.
                 They  include substituting the Ian-

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                 STATUTES  AND  LEGISLATIVE  HISTORY
                                 1447
guage of the administration's bill re-
garding the  regulation of fuels and
fuel additives; authorizing  of volun-
tary  inspection  of  emission control
devices which have been in operation
over  4,000  miles and  mandatory cor-
rection of  defects by the  manufac-
turer;  establishing  as minimum  na-
tional automotive emission standards,
standards equivalent to those adopted
and approved by the  State  of Cali-
fornia for  1971,  1972,  and 1974; and
the  establishment of  motor vehicle
standards based on the cleanest feasi-
ble propulsion system.
  This bill  provides $200 million  for
fiscal year 1971, $250 million  for fiscal
year  1972,  and $325 million for fiscal
year  1973.  This is an excellent start.
I suggested  similar  amounts  in  my
bill with  on exception—that  $50 mil-
lion be authorized to conduct and ac-
celerate  research  and  development
solely  in   the  field   of  alternatives
to the internal combustion engine.
  In the past, such research and devel-
opment has not been  singled out for
specific funds, and thus the amount of
such  research  and  development has
been  inadequate.
  In  addition, my bill repeals section
105 (c) of  the  Clean  Air Act, which
places a percentage limitation on the
amount of  Federal  funds which any
one State may receive. Needless to say
those  States  which are  more indus-
trialized need air pollution funds more
than  those  which are  less industrial-
ized.  It is  highly unrealistic  to com-
pare  States like New  York,  Califor-
nia,  and  Illinois  with  more  rural
States. For this  reason,  I  feel  that
section 105(c)  should  be repealed.
  Mr. Chairman,  our  environment is
so threatened  that it is going to take
strong measures  to  save it.  Congress
must  provide tough  national stand-
ards  backed up  by stringent enforce-
ment powers and adequate funds.
  Cleaning our air is  not going to be
easy. We will have  to  measure up to
the task. W« can no longer afford to
talk about  the  problem.  We  can  no
longer   afford   to   say—"this  is  a
beginning;  we'll  be  able  to do more
tomorrow."
  There   have   been   too    many
tomorrows  in  the  past.  Unless  we
make a firm commitment to preserving
our environment, the future may hold
no more tomorrows.
  Mr.  Chairman, I  include  at this
point in the  RECORD the  statement I
made   before   the   Interstate   and
Foreign  Commerce   Committee   on
April  14, 1970,  in which  I discussed
my bill, H.R. 17113:

STATEMENT OF  HON. WILLIAM  F.  RYAN, A
  REPRESENTATIVE  IN CONGRESS  FROM  THE
  STATE OF NEW YORK

  Mr.  Chairman,  I  appreciate the opportu-
nity  to  offer  testimony before  the  Public
Health  and Welfare Subcommittee of  the
House  Interstate   and   Foreign  Commerce
Committee. We  are  all  aware—and  the  gen-
eral public is becoming  increasingly aware—
of the awesome havoc we have wrecked upon
our  environment.   Perhaps   more  than   any
other  problem facing this   nation,  pollution
intrudes  on  every  citizen's   life every single
day.  Its  severity  may be  most  immediately
apparent  to the city dweller,  but  even  the
most  isolated  farmer  in   the  most  remote
section  of the  country is   likewise exposed
to it.
  Before  discussing  the legislation  which I
have  proposed' to amend  the Clean Air Act, I
should like to  make some mention  of  the
severity of the problem  now at hand. Some-
thing  approaching  200  million tons of  con-
taminants are now hurled   into  the  atmos-
phere  every  year.  These   pollutants  range
from  the  noxious   and  highly visible  soot
pouring out of  industrial smokestacks to  the
colorless  and  odorless, but  potentially lethal,
carbon monoxide produced by automobiles.
  Periodically,  this  infusion of  gases   and
solid  particles into  the atmosphere  reaches a
point of  over  saturation. We  are then  sub-
jected to the  killer smogs  which  have  hit
Donora,  Pennsylvania,  New York  City,  Los
Angeles,  and other  communities. It  is, almost
literally,  pure luck that the  disasters thus far
have  not been even more acute in number of
victims and in duration.
  Let me  just point to a few statistics on pol-
lutant levels  to  demonstrate the daily  haz-

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 1448
LEGAL  COMPILATION—AIR
ards  we  endure.  While  the carbon  monoxide
content in  clean, dry  air near sea level is ,1
parts  per  million,  the average  daily  content
in  midtown   Manhattan   often   exceeds   15
parts  per million  during business hours. The
oxidants component in clean, dry air near  sea
level  is  .02  parts  per  million;  the   average
daily  content at East  121st Street in Manhat-
tan is .04  ppm's.  As  compared  to .001  parts
per million of nitrogen oxide in  clean,  dry  air
near  sea  level, the  average  daily content  at
East  121st  Street is  109 ppm's. And the com-
parative figures for  sulphur dioxide  are .0002
ppm's in  clean dry sea  level  air  and  .111
ppm's at  East 121st Street. Finally, suspended
particulates average  124  micrograms per cubic
meter in Manhattan's air.
  These  statistics  are  not  unique.  Nor  are
they   unusual.  Anyone  who   has    traveled
through Gary, Indiana, Chicago, Los Angeles,
Cleveland,  or a hundred other cities, has seen
the layer  of smog  overhanging their skylines.
Anyone who suffers from emphysema  or asth-
ma or bronchitis  has experienced  the ago-
nies  of polluted  air.  Anyone who has been
caught in a traffic  jam, or who has driven  the
streets  of  any town  or  city, has been sub-
jected to  a small part  of  the over 90  million
tons  of  contaminants  spewed  forth  from
automobile exhaust systems.
  Perhaps even  more  frightening  is the very
real  peril  that  the  entire  world's heat  bal-
ance  is going  to  be irreversibly  altered  and
that all of  human  life—not just people pecu-
liarly   susceptible  to   the   noxious pollutants
filling our air—will be endangered.
  We  are  all  victims  of  our  own folly. And
                                   [p.   19222]


yet we are  all  culprits, as well, for each of  us
is  a polluter.  Certainly it would be more com-
fortable  to  place  the  blame  on  impersonal
entities—"the  system,"  "the  establishment,"
or "big business."  But, while corporate action
and   governmental  inaction  have  played  a
major role  in  bringing us  to oui present dis-
astrous condition,  they  have been  ably  as-
sisted  and  abetted  by each individual, ready
to  reap the personal  benefits of  convenience
and ease.  Every  enzyme   pre-soaking, every
aluminum   can,  every  weekend   car  rental,
every  pre-packaged cook-and*serve  dinner con-
tributes to a polluted environment.
  Of  course, moralizing is no answer.   Nor,  in
fact,  is  it  even  fair  to  say that  we  have
arrived at our  calamitous state solely  because
of  greed  or indifference. There are very real
conflicts  in legitimate social  goals. We may
now understand the  effects  of insecticides  on
the ecological  balance,  but  who  will argue
that  underdeveloped  nations  must  continue
to  live with  plague and widespread   disease?
We may  recognize that  massive  urban con-
                   struction  poses  massive  disposal  problems,
                   but  who will  tell  the  poor that  they must
                   continue to live in sub-standard housing?
                     We  will  not  resolve  our conflicts by argu-
                   ing  for  a  return to  a  pre-technological soci-
                   ety.  But we  can, and  indeed we  must, begin
                   to  act  rationally  in  choosing  between com-
                   peting alternatives  to  achieve a  desired end.
                     There   is  no  question  that  transportation
                   for  commuters  into  the inner cities is essen-
                   tial. But there  is very real  cause to consider
                   whether   hundreds   of  thousands   of   large,
                   internal  combustion  engined  automobiles, each
                   driven  by  a lone  commuter,  are  the most
                   beneficial means  to   achieve  this  end.  There
                   is no question that  speedy  travel between
                   the  coasts  is needed,  but it  may  well  be that
                   the  extra  hour or two  gained  by larger and
                   faster jets  is  not   worth  the  accompanying
                   noise.
                     These  are  just  two  examples   of the  ap-
                   proach which we, as  individuals and as legis-
                   lators,  must begin  to  follow—assessing  our
                   actions,  and  the  programs  and  activities  to
                   which we  commit  funds, in  terms of their
                   impact  upon our  environment, and choosing
                   those  which  minimize  that  impact, even  if
                   the expense is thereby higher.
                     This approach  looks to the  long term  re-
                   ordering  of our consumption habits. But  the
                   short  term, as  well,  offers us opportunity to
                   undertake  effective  and  immediate steps  to
                   ameliorate  air  pollution  and  remediate  its
                   causes.  The  legislation  which  I   have  intro-
                   duced  mandates  and  enables aggressive  ac-
                   tion  to these ends.
                     H  R.  17113,  which  amends  the  Clean  Air
                   Act,  42  U.S.C.  1857,  provides  several  distinct
                   components, each  of which  is  strong  by it-
                   self,  and which together  provide  a coherent,
                   stringent  strategy   to   meet  the   challenges
                   which  clearly  have   not yet been  met,  and
                   which  the  Administration  bill   clearly fails
                   to meet
                     Perhaps  most important,  the bill  provides
                   power to enforce the  law. Hitherto, the Sec-
                   retary  of  Health  .Education,  and  Welfare
                   has  only  had  the   authority,  under  Section
                   108 (k)   of  the  Clean  Air  Act, to  request  the
                   Attorney General  to  seek  an  injunction to
                   abate  pollution  sources "upon receipt  of evi-
                   dence  that   a  particular  pollution source  or
                   combination  if  sources   (including  moving
                   sources)  is  presenting  an  imminent and sub-
                   stantial  endangerment  to  the  health of per-
                   sons, and  finding that  appropriate State or
                   local   authorities  have  not   acted  to   abate
                   such sources. . . ."
                     This provision  is   brigaded  with  language
                   diminishing  its  utility—"imminent  and sub-
                   stantial  endangerment."  It  is  susceptible to
                   use only  if  the  State  or local authorities have
                   not  acted,  and  a  finding  has been mad-e to
                   this  effect.  H.R.  17113,  on  the  other  hand,

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                     STATUTES  AND  LEGISLATIVE  HISTORY
                                       1449
gives strong  and  powerful enforcement  au-
thority.  The  Secretary may  issue  cease and
desist  orders, the  regional  commission which
the bill creates  in  another section may do so,
and  similarly,  the States are  required to in-
clude such power within  the plans they must
tender for approval  to  the  Secretary.
  I have  just made  mention of regional com-
missions,  and  I want  to more fully  explain
this  reference. H.R.  17113 authorizes the Sec-
retary of Health,  Education,  and Welfare  to
establish  air quality  regions,  and Air  Quality
Control  Commissions  to  set   standards  for
these regions.  These standards may  be more
stringent than the nationally applicable stand-
ards set by the  Secretary,  and,  in  such case,
they  will then  supersede the  Federal stand-
ards, as  well  as  State  standards  which  are
weaker.
  I  recognize  that  the  Clean  Air  Act  now
provides,  in  Section  105,  for interstate  air
quality   agencies   or  commissions.  However,
these bodies do  little, and  have  virtually no
power.
  The commissions I propose  do have major
functions,  and  they  have  firm  authority  to
enforce  the  standards   they  establish.  And
these  two  characteristics  are  essential.  Air
pollution  is virtually by  definition  a  problem
which  knows no man-made boundaries.  City
borders and state lines  have  significance  for
taxing  bodies,  but   they  are irrelevant  in
terms  of deterring  the  smoke of  the  steel
plants in Gary from polluting  the skies  over
Chicago. The  stench  of the  New Jersey chem-
ical  plants  is  shared in  unwilling  comity by
New  York  City,  and  the DDT sprayed  over
the farms of California  disperses in  the air
over Arizona  and Nevada.
  Regional   commissions,   mandated  to  set
firm  air  quality  standards, and  armed  with
the  Secretary's authority  to  issue  cease and
desist orders,  are the key to dealing with air
pollution  rationally and effectively.
  H.R.  17113  not  only provides adequate  en-
forcement power,  and  it  not  only  creates
regional  commissions equipped to  abate pol-
lution.  It  further   authorizes  the  Secretary
of Health, Education,  and Welfare to  set na-
tionally   applicable   standards   for   ambient
air  quality,  and  for  designated  industries.
The   need  for  national  standards  naturally
follows  from  the  pervasiveness  of  the  prob-
lem,   and  the  wide  dispersal  from  their
sources  of  pollutants.  It  accomplishes little
for  New York  State to  establish meaningful
pollution  control  standards   if   her   neigh-
boring  states  set  only  minimal  restrictions.
  In  the same  vein,  national  standards  for
designated  industries   are   a  distinct   need
apart  from  nationally   applicable  standards
of  ambient  air   quality.  While  the  latter
establish  pollution   levels  in   terms  of  the
presence  of gases and  particles in  the air,
the former  go directly to governing  the proc-
esses  of particular industries which call  for
special  provisions.  Thus,  the  steel  industry
must  be  governed  by restrictions  which  ad-
dress   the  particular  methods  and systems
which  it  employs,  and  those  pollutants  for
which  it  is  most  directly responsible.
  H.R.  17113 also  embodies a provision which
I  believe   especially   important   in  putting
meaningful   penalty  behind  the fine rhetoric
which  is so  common in  condemning polluters.
Acts  of  pollution  are  made  civil  offenses,
and  polluters  are  subject  to  fines ranging
from  $50 to $2,000 for  each violation.  Thus,
not only  is cease  and  desist  authority  pro-
vided  by  my  bill  to   stop  acts of  pollution,
but  monetary  fines  are  also  authorized  to
punish  those  who  are  patently   guilty  of
degrading  our  environment. What  is  more,
in those  instances, should  they arise,  where
the  Federal  Government  fails  to  bring:  an
action  to  recover these  penalties,  the  private
citizen  is   authorized  to  bring suit  in  the
name of  and on  behalf  of the United  States
against the  polluter.
  This  is  far reaching  legislation,  but it is
necessary.   We  have   seen  that  the govern-
ment  has  done too little  and  even that  has
been  done   too  seldom.  Yet,  our  air  con-
tinues  to  decline  in quality. This  degradation
of  our environment  is  not going  to  await
the arousal  of bureaucracies; concerned citi-
zens must be given the opportunity to protect
themselves and society by bringing suit when
the government fails  to  do so.
  There  are several other provisions of H.R.
17113 to  which I  want  to  allude  briefly. The
bill contains  a section providing  for  Federal
assistance to those workers whose  plants have
been ordered to  cease and desist their pol-
luting  activities,  and  who have  thereby  had
to either  lower their  output or cease  opera-
tion  while   readjusting  their  manufacturing
methods.
  My  bill   also bans  the  making  of  leaded
gasoline.  I  think  the  evidence  abundantly
clear  that  the lead  which  is  entering  our
atmosphere   through the  use of leaded gaso-
line in  automobiles is  one  of the  most  peril-
ous pollutants, and, yet,  also one of the most
easily  eradicable pollutants  in  terms  of cut-
ting off further entry into the air. Thus, H.R.
17113 gives  just one  year  to  cease  manufac-
ture of this product.
  My bill also provides for a state motor ve-
hicle  pollution control  inspection  program.
The  Secretary  of  Transportation  would  be
able  to impose, before approving  any  state's
highway safety program,  a requirement that
the program include,  as  a part of vehicle in-
spection,  procedures  to  assure the  adequacy
of  performance  of  emission-control  devices
in motor vehicles.  The Secretary of Transpor-
tation  would  establish  standards  based   on

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1450
LEGAL  COMPILATION—AIR
 pollution  emission   standards  established  by
 the  Department of  Health,  Education,  and
 Welfare.  Grants would be available to assist
 in meeting  the cost  of  this program.
  Finally, H.R. 17113 repeals that section of
 the  Clean  Air  Act—section  10B(c)—which
 places a percentage limitation on the  amount
 of  Federal  funds which  may be received by
 any one  state.  It  is obvious that industrial-
 ized- states such as  New York, California, and
 Illinois, have  far more severe pollution  prob-
 lems  than do  the  rural  states.   Consequently,
 their need for  funds is far more acute, and
 repeal of section 105 (c)  recognizes this fact.
  Obviously,  money is  a prime  requisite and
 H.R. 17113  recognizes this by authorizing  for
 the Clean Air  Act  $200  million for fiscal year
 1971,  $250  million  for  fiscal year 1972, and
 $300  million for fiscal year  1973. In  addition,
 $50  million is authorized to conduct  and  ac-
 celerate   research  into  and  development  of
 alternatives  to  the  internal combustion  en-
 gine.
   I  also  want  to briefly discuss  the  problem
 of  waste  disposal and- the legislation  which  I
 have  introduced—H.R.   642—to  meet  this
 problem.  The statistics here are  no less stark
 than  those I  recited  earlier  concerning  air
 pollution.  On   the  average,  each person  in
 this  county  generates  about  7  pounds  of
 trash a day.
   About  73 percent  of  refuse now goes into
 open  dumps:   15  percent  is  incinerated;  8
 percent  goes  into  sanitary  land  fills;  1  per-
 cent  into compost;  and only about 3- percent
 is salvaged.
   Obviously,  the need  for  solid  waste  dis-
 posal  facilities is  enormous. H.R. 642  •would
 meet  this need. It  would  permit the Secre-
 tary  of  Health, Education,  and  Welfare  to
 make grants  for surveys by state, interstate,
 municipal,  and intermunicipal   agencies  of
 solid  -waste disposal  practices  and  problems
 within their   jurisdiction.  Money  would  also
 be  available   for  these  agencies  to  develop
 solid  waste disposal  plans. In  addition,  the
 Secretary would be  able to make grants for
 construction of solid wastes disposal  facilities,
 including   completion  and  improvement  of
 existing facilities.
   At  present,  the  national average  expendi-
 ture on  waste disposal  is  $6.81  a  year  per
 persons.  This  amount in no way  comes  close
 to meeting the costs which must  be  incurred
 if we are  to  grapple  in any  way adequately
 with  the annual total of 180  million tons of
                                  [p. 19223]

 solid  waste. I  recognize that to some degree
 this paltry total of $6.81 per person  reflects a
 reluctance  upon the part  of  local communi-
 ties  to  meet  their  responsibilities.  But,  the
 overwhelming problem ia not one of failure to
                  recognize the problem,  but rather, a  lack of
                  funds to deal with  it.
                    H.R.  642  provides such funds.  It raises the
                  funding  for those  portions  of the program
                  administered by the Secretary of  Health, Edu-
                  cation,  and Welfare for fiscal year 1970 from
                  $19,750,000  to $152 million, and  it authorizes
                  $216  million  for fiscal  year 1971 and $236
                  million  for  fiscal  year  1972. And for  those
                  portions of the program administered by the
                  Secretary of the Interior,  there  is authorized
                  $15  million  for fiscal  year 1970, $18  million
                  for  fiscal  year 1971,  and $21.5  million for
                  fiscal year 1972.
                    In  summary, I want to  emphasize that the
                  degradation of our  environment calls for effec-
                  tive and forceful legislation.  H.R. 17113 and
                  H.R. 642  answer  this  call.  But,  equally as
                  important,  there must be a commitment on
                  our  part, on the part of the Executive branch,
                  and on the part of every citizen  and business,
                  to stop  the slow but  steady  suicide we have
                  embarked  upon. We can deplore  and  we can
                  implore endlessly, but rhetoric is no more than
                  empty air—and in  this case very dirty empty
                  air.  We can legislate and we  can appropriate.
                   But legislation and money are only  allies of
                  action  and  for  enforcement. We are truly
                   using up our trump cards, and the game may
                  soon be over—permanently. I do not want to
                  sound overly ominous or to be a prophet of
                  doom, but the peril allows no less.

                     Mr.  STAGGERS. Mr.  Chairman,  I
                   rise to close the  debate  on this  side,
                   and to say I believe the committee has
                   considered this  bill very well.
                     As  I have said, hearings started in
                   December  and  ended in April. The
                   committee  members  heard  all  the
                   testimony.  After   hearing   all  the
                   testimony  they  came   up  with  the
                   strongest bill they could.
                     I believe it  is  a good  bill  and   a
                   strong bill, regardless  of  any  asper-
                   sions  or innuendoes  which might be
                   cast against it.
                     It is a little  like anything else  we
                   do  in life. We would  like to do things
                   right  now,  but we  do  not  have the
                   technology necessary and  have many
                   times  not  done all the things  which
                   ought to be done.
                      The situation is a little  bit like the
                   situations which faced  the late Presi-
                   dent  Kennedy  when  he  said in 1961
                   that he hoped  to  have a man  on the
                   moon  and  back  during  the  decade.

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                STATUTES AND LEGISLATIVE HISTORY
                              1451
Well, this has happened, but it did not
happen  without a lot of hard  work
by  those  involved.  We hope  not 10
years from now but 3 years from now
we  will  have the technology by which
we  can  control  a great many of these
things. I know  some  say that the only
way to  control  it is  to get rid of the
internal combustion  engine.  However,
anybody who has any commonsense
knows that we  cannot do that now. It
will take time. We are trying to clean
it up so it will not be a pollutant to
the  air.
  Mr. Chairman, this is a strong bill
and as good a bill as we could come out
with at this time. It certainly  gives
everyone  a  chance  to develop  those
things and  do  those things that are
necessary to stop  pollution  in this
country.
  Mr. SPRINGER. Mr. Chairman, in
reiterating what the chairman of this
committee has  said,  I would like to
make two points if I can.
  All of  the amendments  which are
being   submitted  here  today  were
before our committee in one form or
another. They were up for discussion.
We have considered  everything here,
every alternative that I know of.
  The second point I want to  make is
that we in  this bill  greatly  changed
the existing law of 1967  and  we
strengthened it in five different ways
that I  outlined in  my speech a few
minutes ago.
  Everything  that  has been talked
about  here   today or which  will be
introduced by way of amendment was
discussed at great length in the com-
mittee.  We  finally came to you with
this bill.  It is  a  good bill, it  is an
improved bill, and it is a strong bill.
It   has  a   tremendously  increased
authorization to back it up.
  May  I say that I  think we  went as
far in  this  bill as  we could  go with
the knowledge  we have at hand  at the
present time and still make a reason-
able commonsense version.
  Mr.  YATES.  Mr.  Chairman,  will
the gentleman yield?
  Mr. SPRINGER. This bill is a good
bill. It  has been well conceived  and
well thought out and is well appropri-
ated for.
  Now I yield to the gentleman.
  Mr.  YATES.  Will the  gentleman
state why any one of the States of the
Union  which wanted to  promulgate
stricter emission standards for auto-
mobiles than those which are set forth
by the  Federal Government should not
be allowed to do so?
  Mr.  SPRINGER.  This  was  gone
into in great detail. I will not go  into
all  of  it here as to  why  it was, but
it was  felt that you could not have
50  different emission  standards. That
is the  reason, and that could conceiv-
ably happen. The gentleman is talking
about one of the amendments that the
gentleman's colleagues will  introduce,
which  I will be  opposed to. Why? Be-
cause  he will  let any locality  that
wants  to  set its own emission stand-
ards. When you  do that it means  that
you cannot drive from one county  to
another in Illinois, just  the same  as
you could not   drive in 50  different
States,  and  you  would  have  all
different  laws.
  Mr.  YATES.  Suppose the State  of
Illinois wants to set up stricter emis-
sion standards for automobiles in the
same way as the State of California.
Why should it  not  be permitted  to
do  so?
   Mr.  SPRINGER.  May I say  that
we would not have done it in the State
of  California except in  one county
that has  had the worst  situation  in
the world, with  the possible exception
of  London. There was a  good reason
for the exception of  California.
   Now, If I may, I would  like to  go
ahead.
   Mr.  Chairman, I want to emphasize
that I  think this bill is  a good one

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1452
LEGAL COMPILATION—AIR
and  the  chairman  would  not have
brought  it  out   to   you  unless  he
thought  it  was a good  bill. He  has
been  strong for a good, sound clean-
air bill  which was well financed. And,
in  that  effort,  I  have  taken  every
opportunity I could to back him up.
   Mr.  Chairman, this bill came  out
of  the  committee unanimously. I do
not  mean that everyone agreed  with
every single provision of it,  but there
certainly was not any opposition that
I knew of to the bill as it finally came
to the floor  of the House.
   Mr.  Chairman, I wanted to make
that  statement  to the members of the
Committee at this time  before  we get
into  the amendments.
   Mr.  Chairman, I have  no  further
requests for time.
   Mr.  STAGGERS. Mr. Chairman,  I
have no further requests for time.
   The CHAIRMAN. There is being no
further  requests  for time,  pursuant
to the  rule, the  Clerk will now read
the  committee  amendment in  the na-
ture  of  a  substitute printed   in  the
reported bill as an original bill  for the
purpose of  amendment.
                              [p. 19224]

   Mr.  STAGGERS (during the read-
ing) . Mr. Chairman, I ask unanimous
consent  that  the  committee  amend-
ment in the nature of a substitute be
considered  as  read,  printed   in  the
RECORD, and open  to amendment at
any point.
   The   CHAIRMAN. Is  there objec-
tion to the request of the  gentleman
from West  Virginia?
   There was no  objection.

          AMENDMENT  OFFERED
         BY  MK. VAN  DEERLIN

   Mr.  VAN  DEERLIN.  Mr. Chair-
man, I offer an  amendment.
                    The Clerk read as follows:

                    Amendment offered  by Mr. VAN DEEBLIN:
                  On page 44, line 3, strike out "or".
                    Page 44, line 4, insert before the period the
                  following:  ", or  (C)  to fail to comply  with
                  the requirements  of pection  206(f) (2)".
                    Page 44,  line  24, strike out the quotation
                  marks.
                    Page 44, insert after line 24 the following:
                    (f)(l)   The  Secretary  shall  conduct,  or
                  cause to be conducted such inspections, tests,
                  studies, research  and investigations as  may
                  be necessary to determine whether new motor
                  vehicles or  new  motor  vehicle  engines  con-
                  form  to the  regulations  prescribed under sec-
                  tion 202 of  this  title, after  such  vehicles  or
                  engines have been in operation, under normal
                  conditions  of maintenance and  use, at  least
                  4000  miles.  Any  inspection  of a new motor
                  vehicle  or new motor vehicle engine,  after its
                  sale to  the ultimate purchaser, shall be made
                  only if the owner of such vehicle  or  engine
                  voluntarily  permits  such inspection  to  be
                  made,  except as may  be provided by  any in-
                  spection program established pursuant to the
                  last sentence of subsection 108(c)(l)  of  Title
                  I of this  act.
                    "(2)  If  through testing, inspection  studies
                  or other investigation of representative num-
                  bers of any class or category of motor vehicles
                  or motor  vehicle  engines, or by other  means,
                  the  Secretary determines that such class  or
                  category of new motor vehicles or new motor
                  vehicle  engines, operated under normal condi-
                  tions of maintenance  and use, does  not  con-
                  form to the  regulations  prescribed under sec-
                  tion  202  of this Title  he shall  immediately
                  notify  the   manufacturer or  manufacturers
                  thereof of such determination of non-conform-
                  ity. The notice shall contain the finding of the
                  Secretary  and  shall include  all  information
                  upon which  the  findings are based, and  shall
                  be published in full  in the Federal Register as
                  promptly   as possible.  The  Secretary  shall
                  within  thirty days of such notice afford all in-
                  terested parties an opportunity to present  their
                  views  and evidence in support thereof,  at a
                  public hearing or in writing, with regard to
                  the Secretary's determination of non-conform-
                  ity.  The Secretary  shall within a reasonable
                  time, but  in no event more than 60 days  from
                  the  date  of  notice  of non-conformity, direct
                  the manufacturer to provide prompt notifica-
                  tion of such non-conformity  to the owners of
                  all motor  vehicles or motor vehicle engines in-
                  cluded within the class or category, unless the
                  Secretary,  on the basis  of all the  facts and
                  evidence in the public record of such proceed-
                  ings, shall conclude  that the  class or category
                  or new motor vehicles or new motor  vehicle
                  engines is in conformity with the regulation,
                  and publish  such conclusion together with the
                  reasons therefore in the Federal Register  as
                  promptly  as  possible.

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                STATUTES AND LEGISLATIVE  HISTORY
                                1453
  " (3) The notification to the owner provided
for in this subsection shall contain a clear de-
scription of the non-conformity, a statement
of measures to be taken to remedy such  non-
conformity and a commitment of the manu-
facturer to cause such non-conformity to be
remedied at no cost to the owner.
  "(4)  The  U.S.  District  Court shall  have
jurisdiction to restrain violations of this sec-
tion or any order of the Secretary issued under
this subsection, upon petition by the appropri-
ate U.S. Attorney or the Attorney General on
behalf of the United States."

   Mr.  VAN DEERLIN.  Mr.  Chair-
man,  I regret  the need for imposing
both on the Clerk and the Members of
the House  the  reading of such a long
amendment, but  it is  one which is
quite important  in a piece of legisla-
lation which is in itself of paramount
importance.
   The existing law provides only for
the testing  of  prototype vehicles of
emission-control   devices.  The com-
mittee bill  which we have before us
would improve upon this to the extent
that it  would require  assembly  line
testing.  If  that is the  best  we  can
manage  I  am  for it, but I think we
can  do  still better. I  think  that the
consumer out  there  who has  bought
a car, and  has  relied upon the war-
ranty  of purchase,  should have some
way of making certain that the car he
is driving  will hold up in the kind of
condition that it was when it left the
assembly line.
   The committee report itself bears
out the need for this. It says:

   Experience  has shown that the testing and
certification of prototypes  does not  of  itself
assure that automobiles coming off the assem-
bly line which are  sold to the public comply
with the  Federal  emission standards. There-
fore, the  legislation authorizes inspection of
assembly plants and the testing of automobiles
and engines coming off the assembly line.

   That  is  from  page 3 of the report.
   The experts  tell us that no testing
is really valid  until the  devices have
been operating at least 4,000 miles—
and  that   means  operating  under
driving conditions, not under protected
conditions  that  prevail in the testing
of  prototypes at  the factory.
  As a  matter of fact, the  present
regulation  on the  prototype says that
we  should expect these devices to work
for 50,000 miles.
  Now,  some interesting  tests  have
been  conducted in  California,  con-
ducted  on a  controlled  basis  within
the  Hertz rental  car fleet, and the
findings there  were that  53  percent
of  the  Hertz  cars  tested between
10,000 and 11,000 miles were deficient
in  one  respect  or another  in  regard
to their effluent-control devices.
  Adequate  test  equipment for  this
purpose costs about $10,000 per  unit,
and it  is  possible that  through the
adoption of this amendment it would
mean that $1 million would have  to be
spent  across  the  Nation  to  provide
these consumer tests. The  fact of the
matter  is  that  we shall be spending
about  $750 million  as consumers on
these devices, and  it seems  reasonable
that  $1 million should  be spent to
make sure that we are not  wasting
the $750 million.  The American pub-
lic   is  entitled to  know  that  the
devices will last,  that they are work-
ing,  that they are  going  to  help
restore clean air.
   Mr. Chairman>  I would  be  willing
to  answer any  questions anyone may
have on this amendment.
   Mr.  ROGERS   of  Florida.   Mr.
Chairman, will the gentleman yield?
   Mr. VAN DEERLIN.  I  yield to the
gentleman from Florida.
  Mr. ROGERS' of Florida. Mr. Chair-
man, I notice that the  amendment
would require this to be voluntary.  Is
that correct?
   Mr. VAN  DEERLIN. The reason
for that wording, I would  say to the
gentleman from Florida, is that many
 States have a requirement for manda-
tory testing. We  would not  want  to
 exclude these from  coming under the
 protection of the  amendment, but  in
      526-703 O - 73 - 19

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1454
LEGAL COMPILATION—AIR
addition  to  those  States which do
require mandatory testing,  I  would
like  to know  that every  consumer
could obtain it voluntarily.
  Mr.  ROGERS  of Florida. I  think
the gentleman would want the  House
to know that there is no State, insofar
as I know, that has mandatory auto-
mobile testing for air  pollution.  Is
that not correct?
                          [p.  19228]

  Mr.  VAN  DEERLIN.  If   these
failures turn up in ordinary inspec-
tions as  required, I want them to be
corrected.
  Mr.  ROGERS  of Florida. Not for
emission standards. There is  really no
test, because we do not have the test-
ing  devices.  Frankly,  is  that  not
basically  the  problem  now in  the
country?
  Mr. VAN DEERLIN. We have it in
California,  and we are doing  some-
thing about it.
  Mr.   ROGERS  of   Florida.  The
gentleman knows that they are not
doing  anything as far  as requiring
testing on emission standards.
  Mr. VAN DEERLIN. I will state to
the gentleman from Florida that my
 son has  spent  time  in court  for
violating the air with his car.
  Mr.  ROGERS of Florida.  They did
not  have any testing devices.  Many
communities have ordinances   which
say if a  person  causes excess  pollu-
tion, where  they  see a  lot  of smoke
coming out, but  what the gentleman
is talking about is a lot different than
emission standards as such, as I am
sure the  gentleman knows.
  Mr. VAN DEERLIN. The  gentle-
man from  Florida knows that these
devices are available.
   Mr. ROGERS  of Florida.  I am not
sure that they are yet available.
   But in this case you are concentrat-
ing research and  developing  testing
devices that can be used.
                  I  think  the  House  should  also
               know before you vote on any amend-
               ment like this that we have directed
               the   Secretary  to   develop testing
               devices which we do not have.
                  The CHAIRMAN. The time of the
               gentleman   from    California    has
               expired.
                  Mr. STAGGERS. Mr.  Chairman, I
               rise in opposition to the amendment.
                  Mr. Chairman. I  certainly recognize
               the intentions  of the gentleman  from
               California  [Mr.  VAN DEERLIN], one
               of the  very  able   members on our
               committee.  I am very sure his inten-
               tions are only the finest and certainly
               insofar as his intention is  concerned,
               certainly it is  right. But I  would like
               to point this  out to the Members of
               the Congress right  now.
                  The bill contains this language:
                  At such time as the Secretary,  after consul-
               tation with the  State, determines that  the
               achievement of an air  quality standard under
               section  107 (e) requires inspection of  motor
               vehicles in actual  use and that such inspection
               is technologically and economically feasible, the
               State shall revise its plan to provide for such
               inspection.

                  This is a part of the bill. They can
               do that under the State plan.
                  Mr. Chairman, I  am opposed to the
               amendment.
                  The CHAIRMAN. The question  is
               on the  amendment offered by the
               gentleman  from  California, Mr. VAN
               DEERLIN.
                  The  question  was taken; and the
               chairman  announced that  the  noes
               appeared to have it.
                  Mr. VAN  DEERLIN.  Mr. Chair-
               man,  I  demand tellers so that  we
               might  see  a  little show   down the
               middle aisle and a  little of  the feeling
                and the mood of the membership.
                  Tellers were refused.
                  So the amendment was rejected.
                  Mr. WAGGONNER. Mr. Chairman,
                I move to strike out the last word.
                  Mr. Chairman, I take this time  to

-------
                STATUTES AND  LEGISLATIVE HISTORY
                               1455
try to make a little legislative history
that might in time come to be impor-
tant to all of us.
  I do not think  there is any  argu-
ment among  us about whether or not
we ought as best we can to provide for
cleaner air. Certainly, we all agree in
this  respect.
  But I want to ask some questions of
the committee  chairman or the rank-
ing minority  member.
  First as to section 206 on  page 39
of the bill, which has to do with motor
vehicle and motor  vehicle engine com-
pliance testing and certification.
  Is  it intended in the language of
the committee  bill that the Secretary
of Health, Education, and Welfare will
be required to  test on the assembly
line  and certify every single engine
produced for a period not to exceed 1
year before the manufacturer can sell
that engine?
  Mr. STAGGERS. I might say "No,"
categorically.
  Mr. WAGGONNER. Then  what is
proposed?
  Mr. STAGGERS.  It means he can
keep  testing  and  when there is evi-
dence that there is any failure or they
do not come  up to  place, they can
stop  the assembly line right there and
stay  there.
  Mr.  WAGGONNER. It means he
can,  until he  is so  satisfied?
  Mr. STAGGERS. That is right.
  Mr.  WAGGONNER. Is it necessary
every   time  an  engine   design  is
changed by the manufacturer that he
submit this new engine design to the
Secretary of  Health, Education, and
iVelfore for testing and certification?
  Is  the answer to that "No"?
  Mr.  STAGGERS. I would say this.
I do not think he has to, if it is a
trade secret,  as to whatever he  is do-
ing—I do not think you would have
to give this in advance.  But they do
have to meet certain standards.  This
is the  criteria—they have to  meet
 certain standards. I do not think they
 would have  to show  the  design  or
 anything, but after they started per-
 formance they have to meet certain
 performance standards.
   Mr. WAGGONNER. How can this
 determination be made unless the Sec-
 retary of Health, Education, and Wel-
 fare engages in this testing which will
 precede certification?
   Mr. STAGGERS. I would certainly
 say  that he would have to.  The only
 way he could do  it would be on  the
 first ones tested.
   Mr. WAGGONNER. Then, in view
 of the  gentleman's  answer,   if   an
 automobile manufacturer or an engine
 manufacturer  should  change  the
 design  of  the engines  that he pro-
 duces  in mass production—and just
 for argument's sake we will say  he
 produces 100,000  of these  engines—
 then the Secretary of Health, Educa-
 tion,  and Welfare could come in and
 revoke or suspend the certification of
 an engine  for which  the design has
 been changed  because, in his opinion,
 the  new engine  does  not  meet  the
 standards that he had  set  forth.
   Mr.  STAGGERS.  According to  the
 legislation, the manufacturer  would
 have  to  submit  a prototype and  it
 would have to  be  tested.
   Mr.   WAGGONNER.  Then   the
 answer to  my first  question should
 properly have been  that  when   an
 engine design is  changed, the manu-
 facturer must submit a prototype  for
 testing?
   Mr.  STAGGERS. That is correct. I
 did not understand your question and
 I did not answer it correctly.
   Mr.  WAGGONNER. Let  us talk a
little bit about fuel. Section 8 of the
bill,  which  has  to do with stand-
 ards with respect to fuel, states  that:
  "(f) (1)  The Secretary may, on  the basis of
specific findings made in accordance with sub-
section (g), establish standards respecting the
composition or the chemical or physical prop-

-------
1456
LEGAL COMPILATION—Am
erties of any fuel or fuel additive by specifying
limitations on  (or providing for elimination
of) ingredients (including additives)  or on the
physical or chemical characteristics of any fuel
or class of fuels (A)  if any emission products
of such fuel or fuel additive will endanger the
public health or welfare, or  (B) if  such fuel
or fuel additive will impair to a significant de-
gree the performance of any emission control
device or system which is in general use, or
which  the Secretary finds has been  developed
to a point where in a reasonable time it will
be in general  use,  on a significant number of
motor vehicles or motor vehicle engines.
  Am I to believe that  under the au-
thority of  this  section  establishing
standards  with respect to fuels, the
Secretary of Health, Education,  and
Welfare can, today, because  no  time
is prescribed,  if he so desires  and
feels he has sufficient information, say
to the manufacturers and producers of
fuels, "You have  got to take the lead
out  of gas.  You  have  got   to  put
another additive  in. You  have got to
change your formula"?
  Mr. STAGGERS.  Under  another
section of  the  bill  the  Secretary is
required to make  specific findings that
that it affects either the health or the
operation, and so forth, before he can
put  these  measures into  operation,
and  it must be based  upon the  facts
and  not allegations that  he does not
know about,  and they  have to be so
stipulated.
  The CHAIRMAN. The time of  the
getleman from  Louisiana has expired.
   (By unanimous consent, Mr. WAG-
GONNER was allowed to proceed for 5
additional minutes.)
  Mr. WAGGONNER. I would like to
ask the chairman this question. Let us
consider  the Department  of  Health,
Education,  and Welfare. Under exist-
ing   legislation,   the   Secretary  of
Health, Education, and Welfare made
 application  of existing  law  which
would allow him to remove from  the
market  under  conditions he  could
prescribe DDT. Now they are having
second thoughts about DDT and they
think they  made  a mistake. The  scare
                has  already been introduced  in the
                minds  of  the public  that  lead  is
                harmful to health, that it is a pollu-
                tant,  and  the  administration  ap-
                parently  shares some concern because
                they apparently want to get lead out
                of gasoline. It might  well be. I do not
                know. But they  propose that  a tax
                be  placed on  leaded  gasoline,  in  ef-
                fect, to try to take leaded gasoline
                off  the  market as  well  as produce
                revenue.
                   If the  Secretary  feels  that  he
                already has sufficient information, can
                he now

                                            [p.  19229]

                say,  "You cannot manufacture  gaso-
                line and market it any longer that has
                lead  in it"?
                   Mr. STAGGERS. No, he cannot. If
                the gentleman is talking about present
                law, as  it  is  now  constituted,  he
                cannot.
                   Mr. WAGGONNER. I am  talking
                about the law as it  will be by these
                amendments.
                   Mr. STAGGERS. He will  have that
                authority.
                   Mr. WAGGONNER. And he could
                do that tomorrow?
                   Mr.  STAGGERS.  If  he  has  the
                facts,  and  he  has  proven  this  by
                facts, that  they  are a  danger and
                poisonous—I am trying to  find it in
                the  bill so I can  cite it to the gentle-
                man.
                   Mr. WAGGONNER. We are getting
                into some dangerous ground, because
                we  are talking about  something we
                have not thought through.
                   Mr.  STAGGERS.  It says  in this
                clause under section 8:
                  "(g)(l) Any standards pursuant to clause
                 (A) of subsection (f) (1) shall be established
                by the Secretary on  the basis of specific find-
                ings derived from relevant medical and scien-
                tific evidence, including  (in  the case of  a
                standard with respect to  a motor vehicle fuel
                or fuel additive)  a finding that it is not other-
                wise technologically or economically feasible to

-------
                STATUTES AND LEGISLATIVE  HISTORY
                              1457
achieve the emission standards established pur-
suant to section 202 of this Act.

  Mr.   WAGGONNER.  Then  the
gentleman is saying to me, Mr. Chair-
man, that if  information already exists
or they believe they have that informa-
tion which  will  prove  that  lead in
itself in gasoline is harmful, whether
they are right or not, but they believe
they are right, if they have  developed
this information  before this proposal
is signed  into  law, it will  be within
the power of the  Secretary of  Health,
Education, and Welfare  at  any point
he desires to .say that they must take
lead out of  gasoline.
  Mr. STAGGERS. It is not based on
belief. This  says specifically that it is
based upon  specific findings.
  Mr.  WAGGONNER.  When  must
those findings have been made?
  Mr. STAGGERS. If this is possible,
and I do not think it is at the  present
time,  then   it  would  have   to  be
constituted on specific findings  derived
from  relevant  medical  and scientific
evidence.
  Mr.  WAGGONNER.  The  gentle-
man's answer is quite interesting. The
gentleman just made the statement he
did not think  this was the  case or
possible at  the present  time.  Is the
gentleman saying to  this House that
nothing during  the  course of con-
sideration of  these amendments was
produced in  evidence to show that lead
was harmful in gasoline?
  Mr. STAGGERS. I did not say that.
  Mr. WAGGONNER. That is the net
effect,  Mr.  Chairman,  of  what the
gentleman just said.
  Mr. STAGGERS, No; I do not want
the House to believe that.
  Mr. WAGGONNER. Let us  get this
record straight because this legislative
history is important, and none of us
has had a chance to study this except
those on the committee. This  legisla-
tion was scheduled yesterday, and it
came out of the blue,  with many of us
not  having had an  opportunity to
prepare  ourselves.
  Mr.  STAGGERS. The chairman of
the committee had nothing to do with
that. The chairman of the committee
was called yesterday and asked if he
could appear  before the  Rules Com-
mittee, and I am complying with what
I was requested to do.
  I think there is nothing wrong with
this. I  think  it is perfectly clear.
There is no shenanigan. Some legisla-
tion was needed on the floor, and the
chairman said he would  agree to be
helpful  to the House and to carry on
business.
  Mr. WAGGONER. I know there  is
no shenanigan. I do not imply that.
  Mr.   ROGERS   of   Florida.  Mr.
Chairman, will the gentleman yield?
  Mr. WAGGONNER. I yield  to the
gentleman from Florida.
  Mr. ROGERS of Florida. Mr. Chair-
man, I  think if the  gentleman  will
look at this in context,  he  will sef
what we have done. As the gentleman
knows, under  the existing law, all of
the burden  of cleaning up  emissions
that were  polluting  the air  from
automobiles was placed on  the auto-
mobile  industry. That was where the
burden  was  placed. The  automobile
industry said, "We cannot meet Gov-
erenment standards in 1975 if there is
lead in  gasoline." Now there was no
authority  for  the  Secretary  to  do
anything  about gasoline.
  Mr. WAGGONNER. Let  me ask a
question. Does that mean that Govern-
ment standards are bad, or that lead
in gasoline is bad?
  Mr.  ROGERS  of Florida. We are
saying it is the joint burden of the oil
industry and the automobile industry,
because both products go to produce
the pollution, so what  this amendment
does very  simply is to say that the
Secretary will  also have the right to
bring in the oil industry to help meet

-------
1458
LEGAL COMPILATION—Am
the problem, and  he does this in a
very precise way.
  The  CHAIRMAN. The time  of  the
gentleman   from   Louisiana   has
expired.
  (By  unanimous  consent, Mr. WAG-
GONNER was allowed to proceed  for
5 additional minutes.)
  Mr. ROGERS of Florida. Mr.  Chair-
man,  if  the   gentleman  will  yield
further, it is outlined how the  Secre-
tary does  it.  If  all  the  emissions
standards could be met and we could
clean up  the air  without  going  into
regulating  any one industry,  that
would be fine, but it happens that this
is not  so.
  So  we  have  established now  the
authority where, if  there is evidence
that it is  necessary to take out  or
eliminate   certain  components   or
certain additives to gasoline—and lead
is one—that will  be  considered,  no
question about it, and if that is neces-
sary, this bill  will give the Secretary
that authority.
  Mr.  WAGGONER.  Is it  intended
that in changing the gasoline formu-
las,  if the Secretary says  that  they
must  take  something  out, that  the
formulas, as is the case with engines,
for new fuels  must be submitted to
the  Secretary for approval?
  Mr.  ROGERS of Florida. Let me
say, we did not give authority—which
is what I believe the gentleman is
concerned about—for the Secretary to
go  in  and tell  the companies how to
make  gasoline.  We  do  not tell them
how to make  an  automobile engine.
We do not want to  get into that  and
do not want the Federal Government
to do it.
  Mr.  WAGGONNER.  And there is a
good reason. We do not know how to
do  it, either.
  Mr.  ROGERS of  Florida. I  under-
stand. We  are not going  to  permit
that.
  We  have said  that  if  there  is a
               component part of the gasoline or if
               there is  an additive, which the facts
               show will affect the public health, and
               medical and scientific facts  show this,
               or will prevent the emission standards
               from being met,  the  Secretary may
               act as to that component part or that
               additive.
                 Mr. WAGGONNER. What appeals
               are  made  available to the manufac-
               turer of an engine or the producer of
               a  fuel, if they take  issue with  the
               findings  of the Secretary of Health,
               Education, and  Welfare?
                  Mr.  ROGERS   of  Florida.  They
               have the  Administrative  Procedure
               Act.
                 Mr. WAGGONNER. And only the
               Administrative Procedure Act?
                 Mr. ROGERS of Florida. And  an
               appeal to the court, from the Adminis-
               trative Procedure Act.
                 Mr. WAGGONNER. In some cases
               they would.
                 Mr.  ROGERS  of  Florida.  They
               would in this  case.
                 Mr.  WAGGONNER.  Not  in   all
               cases  do  people  have the  right  of
               appeal to the court under the Admin-
               istrative  Procedure   Act.  In  some
               instances  under  the  Administrative
               Procedure Act the decisions are final,
               when they render a decision.
                  Mr. ROGERS of Florida. I  believe
               they would in this instance.
                  Mr. KAZEN. Mr.  Chairman, will
               the  gentleman yield?
                  Mr. WAGGONER. I yield  to  the
               gentleman from Texas.
                  Mr. KAZEN. Let me see if I  can
               understand this. If the Secretary of
               Health,  Education, and  Welfare  de-
               cides that lead is  injurious to  public
               health and that they  then  order lead
               be  taken  out of  gasoline,  and lead
                happens  to  be  a component upon
               which   high   compression  engines
                depend to run	
                  Mr. WAGGONNER. As  it is.
                  Mr. KAZEN. As  it is—and those

-------
                STATUTES AND LEGISLATIVE HISTORY
                              1459
engines are already on the road now,
that means they will stop the  manu-
facture of  that gasoline, and  those
cars then must stop. Is that the idea?
  Mr. WAGGONNER. I should like to
have an answer  from some member
of the  committee.
  Mr. ROGERS of Florida. Mr. Chair-
man, will the gentleman yield?
  Mr.  WAGGONNER. I  yield to  the
gentleman  from Florida (Mr. ROGERS)
for an answer.
  Mr.  ROGERS of  Florida. I thank
the gentleman for yielding.
  First of  all, it will have to be estab-
lished.   As  we  know, the  automobile
industry is  now  reducing the com-
pression  in  the   engines.  This  is
already being accomplished  in  the
3971 models.
  Mr.   KAZEN. I  will  take  a 1970
high-compression engine.  What  will I
do  for  gasoline?
  Mr.  ROGERS of Florida. Now, first
of all,  there is a nonleaded,  high-test
gasoline already being produced  for
high-compression engines, and already
one company is producing it—Amoco.
                           [p. 19230]

  Mr.  KAZEN. Yes; but that does not
work in the high-compression engines.
  Mr.  ROGERS of Florida. Yes; that
is  already  a nonleaded  gasoline.
Amoco  produces  it for the  high-
compression engine, not for the low-
compression engion. That is  all they
produce now.  Other  companies  are
also producing.
   Mr.  WAGGONNER. At a cost of 2
cents  i gallon more and it  still con-
tains   pollutants   in  the  form  of
aromatics.
   Mr. ROGERS of Florida. They will
have the necessary gasoline to run the
automobiles now on the  road.
  Mr.  WAGGONER. Does the gentle-
man recognize that conservative esti-
mates  made  by  people  who  know
something  about  the  refinery  opera-
tion, capacity, and cost in this country
are that it  will take in excess of a
minimum of  $6 billion to convert  the
refineries of this country to produce
unleaded gasoline?
  Mr.  ROGERS  of Florida. I have
heard the claim made, and that other
people say  it may go $2 billion. That
is quite possible. Amoco is now pro-
ducing   high-compression   gasoline
without  lead  at  1 cent  over  the
regular price.
  Mr.  SATTERFIELD.  Mr.  Chair-
man, will the gentleman yield?
  Mr.  WAGGONER.  I yield  to  the
gentleman from Virginia.
  Mr.  SATTERFIELD. I should  like
to make this observation; the hearings
are  replete  with evidence,  statement
after statement that if we go to non-
leaded gasoline at  this time then for
the  next 10 years we  will have  two
classes  of  gasoline in this country,
one  to take care  of the present popu-
lation  of automobiles,  and a different
class of fuel for the new population of
motor vehicles and that this will  cost
somewhere between $3 billion  and $6
billion to the petroleum industry alone
to deal with such a situation.
   The CHAIRMAN. The time of the
gentleman  from  Louisiana  has again
expired.
   Mr. PICKLE,  I  move to strike the
requisite number of words.
   Mr. VANIK.  Mr.  Chairman,  will
the  gentleman yield?
   Mr. PICKLE.  I do not just yet. I
will try to yield  later.
   This is  a section of the bill  that
came in for considerable discussion in
the  hearings and later in meetings of
individuals  trying  to  find a  better
answer. The members of  the  com-
mittee know that I have had reserva-
tions  about  this  particular  section,
and I felt we ought to eliminate the
words "the composition of" when we
talked about gasoline.  The committee
felt, though, that we ought to keep it

-------
1460
LEGAL COMPILATION—AIR
in there.  I  must say  that  there are
certain safeguards, and I want to be
fair to the  committee. I believe they
tried  to  protect  what they thought
were the best interests of those people
who manufacture gasoline. Overall the
Secretary must make specific findings
based, exactly as the chairman of the
committee read, on medical and scien-
tific  evidence. Then  the  Secretary
could  establish  certain  safeguards
specifying a limitation on the compo-
sition of the fuel or the  additives  if
two things  take  place: One,  if they
endanger the  public health and, sec-
ond, if they would impair to a signifi-
cant degree the  performance of any
emissions product.  I think  those are
good safeguards. The  Secretary must
meet  those two  requirements. That
does give us some assurance that you
will not  just automatically overnight
have in a change in  the formulas.
  I will ask this  committee this ques-
tion. I understand the intent  of the
committee was that  it would just use
the word "additives." Additives are
our real problem. There is no intent
on  the part of the  committee to try
to  establish a formula here for one
grade of gasoline. You are not trying
to get at the  composition of gasoline
but rather to control the emissions  of
pollutants  that  come  out  of the
exhaust. We are really trying to get
at  the additive  problem  and  not  so
much at  the composition or the grade
form of  the gasoline?
  Mr. ROGERS  of  Florida. Will the
gentleman yield?
  Mr. PICKLE. I yield to the  gentle-
man from Florida.
  Mr. ROGERS' of Florida.  I think
the gentleman knows that we are not
trying to say  to  a manufacturer that
he  has  to  make his gasoline in  a
particular way. What we are saying
is we want the Secretary to have the
authority  wherever the  facts show
that  a  particular  component  or  an
               additive of gasoline—a particular item
               —affects  adversely the public health
               or prevents emission standards  from
               being  met, then  the Secretary  can
               say  that  this  item should be reduced
               or eliminated. It is put on that  basis
               and  the findings  are made. He does
               not go in  and say that that is the way
               you  will make gasoline. Yes. You are
               correct on that.
                 Mr. PICKLE. The  committee is not
               attempting to establish one grade of
               gasoline for all manufacturers?
                 Mr. ROGERS of Florida.  We are
               not  trying  to establish any kinds of
               grades. What  we want  is  for the
               public health to be protected and auto
               emission  standards to be met for the
               benefit of the public health.
                 Mr.  STAGGERS.  Mr.  Chairman,
               will  the gentleman yield?
                 Mr. PICKLE.  I yield to the  chair-
               man.
                 Mr. STAGGERS. I think the gentle-
               man  from Louisiana was  worried
               about the fact that  this would  be a
               hard ruling made in the courts.  Of
               course, these matters come up  under
               the   Administrative  Procedure  Act,
               and  then they  have recourse to the
               courts. If they  feel,  after all of the
               hearings  have been  laid before them,
               that these were not the facts and that
               the  ruling was wrong, the court will
               have the  final decision.
                  Mr.  PICKLE.  The  Chairman,  I
               think,  would  say  that  those people
               who manufacture gasoline have given
               full  cooperation in the consideration of
               this bill. They are not trying to throw
               roadblocks in the way. But certainly
               they will  be concerned if you are try-
               ing  to say to them that the Secretary
               can   establish   standards  that  will
               allow the manufacturer to have only
               one   grade  of  gasoline.   I  think if
               we can have  that assurance, it will
               give them the sense of assurance that
               they are  entitled to.
                 Mr. STAGGERS. I think it is the in-

-------
                STATUTES  AND LEGISLATIVE  HISTORY
                                1461
tent  of  the committee  all  the  way
through.
  Also  I  repeat again  what  the  bill
has to say here. Certain criteria must
be met or if they do not, they can take
those into consideration.
  Mr. PICKLE. I  thank  the Chair-
man.


       AMENDMENT  OFFERED BY
             MR. SAYLOR

  Mr.  SAYLOR.  Mr.  Chairman,  I
offer  an amendment.
  The Clerk read as follows:

  Amendment offered by Mr. SAYLOR : On page
46, insert after line 25 the following :
  "(f) Section 208(b) of such Act is amended
to read as follows:
  " '(b) The Secretary shall, after notice and
opportunity for public hearing, waive applica-
tion of this section to  any  State  which has
adopted standards for the control of emissions
from new motor vehicles or new motor vehicle
engines, unless he finds that such  State  does
not require  standards more stringent than ap-
plicable Federal standards to meet compelling
and extraordinary conditions or that such State
standards and accompanying enforcement pro-
cedures are not consistent with section 202 (a)
of this Act.1 "

  Mr. SAYLOR. Mr. Chairman, first
let  me  commend the  committee  for
bringing this bill to the floor.  The im-
provements that  are contained in this
bill in my opinion are excellent. But
the amendment that I have  offered I
think is an amendment which is abso-
lutely necessary if we  are  going to
clear  up  the  air  pollution  in  this
country.
  The basic question is whether or not
the Federal law  is going to become
the floor or the ceiling on air pollution.
  Now, Mr.  Chairman, the committee
has already made one exception to the
State  of  California.  They say  they
have  good  reason  for  making  that
exception in the State of California.
Very  frankly, if you will read  the
record, you will find out that the same
conditions that  exist in  California
exist  in every  metropolitan area  of
the United States.
  What  my  amendment,  if adopted,
would  do is to say that if the States
will  establish  standards  which  are
higher  than  those  of the  Federal
Government, it is perfectly proper for
the Secretary to approve those stand-
ards.
  Now, very frankly, while California
has made out  a  good  case,  the in-
dustrial  State of Pennsylvania from
which I come has had more deaths due
to air  pollution than any  other State
in the Nation. Under the law at the
present time  we are bound by what
the Federal standards  are.
  Mr. Chairman, the State of Pennsyl-
vania  is interested in increasing its
standards. They are  trying to see to
it that the automobiles that are sold
in Pennsylvania meet a higher stand-
ard than the Federal standard.
  Now, I cannot see why, if this com-
mittee is really interested in cleaning
up air pollution and  not in trying to
see that the  Federal Government is
the sole  monitor or the sole agent to
determine  what is air  pollution, that
they  would  give  other States  who
have these unusual problems the right
to have higher standards.
  Now, I did not put in this amend-
ment  the fact that the  States could
do it automatically. I have  seen to it
that this  amendment  is  so  drafted
that they must confer with the Secre-
tary and when they establish to his
satisfaction that they

                            [p. 19231]

have  a  condition  which  requires a
greater standard,  then  they should be
permitted to put those  standards into
effect.  I  think this is in the  interest
of good legislation.
  Let  me  point out  to you that  the
conditions  in Alaska, which is one of
our sister States, are not the same as
they are in Massachusetts or Pennsyl-

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1462
LEGAL  COMPILATION—AIR
vania or  New Jersey or the highly
industrialized States. New York has a
problem  with  fog and  smog  that  is
just  as  bad as that  condition which
exists in  California.  California  has
made a  great to-do about their condi-
tion  because  it  is  concentrated  in
one local  area. But everyone of you
who  comes from  a metropolitan area
has this same problem.
  Mr. Chairman,  all I am  seeking to
accomplish through  the adoption of
this amendment is to say that if your
States come in and show the Secretary
that they have a problem, give the
States the right  to establish  for the
cars that are  sold in their States a
higher standard of emission than the
general  rule that the  Federal  Gov-
ernment  has established.
  Mr.  ECKHARDT.  Mr.  Chairman,
will  the gentleman yield?
  Mr. SAYLOB.  I am happy  to yield
to the gentleman  from  Texas.
  Mr. ECKHARDT. Do I not under-
stand that your amendment  does not
permit 50 different rules? As a matter
of  fact,  it would only permit the
number of rules suitable to the Secre-
tary; would it not?
  Mr. SAYLOR.  That is correct; you
would not have 50 unless they could
give proof to the Secretary that would
be  adequate,  but where there is a
special situation  and  the Secretary is
satisfied  it is a special  situation, and
the State proves to him, then he could
approve  higher standards to be  set
up for that State.
  Mr.  ECKHARDT. So that there
would be two  guarantees against the
rule being overly burdensome: One,
the good  judgment of the  legislature
of the State, which presumably would
not enact legislation putting an extra
burden  on its  citizens,  and  two, the
judgment of the  Secretary of Health,
Education,  and   Welfare;  is  that
correct?
  Mr. SAYLOR.  That is correct.
                 Mr.  FARBSTEIN. Mr.  Chairman,
               will the gentleman yield?
                 Mr.  SAYLOR. I am happy to yield
               to the  gentleman from New York.
                 Mr.  FARBSTEIN. Am I to under-
               stand,  then,  that  all  that you seek
               is that the other States of the  Union
               have the same right  that the State of
               California  has in setting standards
               that they  deem  necessary  for the
               health  and  safety of  their people?
                 Mr. SAYLOR. That is all that I am
               asking, and I ask that they go  to the
               Secretary and  make out  their case
               just as California must go.
                 Mr. FARBSTEIN. Mr. Chairman, I
               believe that the amendment offered by
               the  gentleman  from  Pennsylvania
               [Mr. SAYLOR] should be passed unani-
               mously, because there is no reason that
               I can see why only California shall be
               permitted to  set healthful standards
               for its  citizens, and none of the others.
                 I thank the gentleman for yielding.
                 The  CHAIRMAN. The time  of the
               gentleman has expired.
                 Mr.  SPRINGER.  Mr.  Chairman, 1
               rise in opposition to the amendment.
                 Mr.  Chairman,  the  wording has
               been  very  carefully  made in  this
               amendment  in  order  to  try  to get
               around the amendments which have
               been offered by several gentlemen that
               I know of over here who  are planning
               to offer one which gives not only States
               but localities  the  right  to  set any
               standards they want.
                 The  gentleman from Pennsylvania
               has  offered an amendment with  a
               slight  modification—if they can con-
               vince  the  Secretary what  the  facts
               are.
                 Mr.  Chairman, we made an  excep-
               tion. We thought we were sound. We
               did not try to make a lot of exceptions,
               because,  Mr. Chairman,  I think  we
               have gone into this matter very care-
               fully when we made the last survey
               that I  know of, that was made  by the
               Public  Health Service, which  showed

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                STATUTES AND  LEGISLATIVE HISTORY
                              1463
that the situation in one county, Los
Angeles, in  this  country  was  4.98
worse  than  any  other  city  in the
country. That is almost five times as
much. We felt that the county of Los
Angeles had made out a case, and we
had to observe it.
  There  is  not  any  other  situation
in this  country that is even  compar-
able to  that in Los Angeles. Anyone
who wants to make a study of this
will  find out that there is no  other
place where engine emissions  from
automobiles are  anything like they
are there. There  is not any place in
the country where the weather condi-
tions are like they are in  Los Angeles.
It is merely  one weather  condition
which,  combined  with all  the  other
factors  of  engine  emission, make up
quite a  dangerous situation.  But if
you had not had Los Angeles in this,
California would not have gotten this
exception. Any of you gentlemen who
live  in  California and have  gone to
San Francisco know there certainly is
no  situation like  that there.  I have
been in both places, and I do not have
to be a .stranger—all I have to do is
walk around in the streets, or go over
the freeways, to  see that the situation
is not the same. And that is the rea-
son, because there is this one county of
Los   Angeles  that  we  made the
exception.
  Mr.  Chairman,  we cannot, may  I
say, have 50 different standards, but
it could be possible.  The reason the
gentleman  has  drawn  this  amend-
ment the way he has is because he
says it  is only possible to do it,  under
his amendment, if you  can  convince
the  Secretary.
  Let me just give you an illustration
of what would actually happen if you
wanted to give  everybody this right
to set  up their own standards.  There
is  nothing to  prevent  them  from
setting up  their own standards and
penalties where you could have 15 or
20 States which could prohibit the use
of an automobile on the highways of
that State unless you had a motor that
conformed with the standards of that
State.  You  cannot  be  any  more
ridiculous than that. And that is what
you  are getting  into when you start
letting every State in the Union set up
its own standards. And that is exactly
the problem that is involved in this.
  I  am  not  going to  go  into the
evpense problem.  But  some  of you
gentlemen  surely  can  understand  if
you  have  an  automobile manufac-
turer manufacturing 15 or 16 different
engines at 15 or  16 different rates,
depending  on what the local  body
thought  was  necessary in  its own
particular situation, you can see what
the problem would be.
  I merely develop that point to give
you  some of  the problems which  we
did not go into  today but which  we
talked  about  in committee.
  Mr.  ROGERS   of   Florida.  Mr.
Chairman, will the gentleman yield?
  Mr.  SPRINGER. I  yield  to  the
gentleman.
  Mr. ROGERS of Florida. I certainly
concur with the gentleman.
  As was pointed out, you just cannot
drive from one  State to the other if
we  permitted  this type of  thing',
without everybody paying a  fine or
else having his car pulled off the road.
  Second, we direct the Secretary that
he  shall  set  standards, and we want
him to set the highest  standards,  the
strictest standards, so  that the people
in Alaska  are going to be protected
just as much as anybody else. They
ought to be and they will be under the
committee bill.
  I  agree with  the  gentleman that
this amendment  definitely and any
amendment like  it, should be  voted
down.
  Mr.  SAYLOR. Mr.  Chairman, will
the  gentleman yield?

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1464
LEGAL COMPILATION—Am
  Mr.  SPRINGER.  I  yield  to the
gentleman from Pennsylvania.
  Mr. SAYLOR. I would just like to
call  to your attention that the only
State that  has had any  deaths  from
air pollution is the State of Pennsyl-
vania. You  can talk all you  want to
about Los Angeles, but the only  State
that had any deaths from pollution
coming from automobiles is the  State
of  Pennsylvania  in  the  town  of
Donora. This is a matter of record.
  Mr.  SPRINGER.  I do  not  know
about  the  situation  altogether  in
Donora. But it was my understanding
that there were other conditions than
autos  which  had  to  do with the
death in Donora.
  If  anybody  has  ever  traveled
through that town, as I used to,  when
I came from Illinois each  time going
back and   forth—I  can  very  well
understand   the   situation  because
there was a great deal of pall hanging
over that town  which  did not  come
from auto  engine  ignitions but  came
from the large  factories  all up and
down that valley and that  river.
  Mr. SAYLOR. The reverse of that
situation is essentially what  you had
in Los Angeles  for  which you  made
an exception. Carrying that argument
to its conclusion, you would say that
the  other  49 States  of  the  Union
should not  allow any car  licensed in
California   to  drive anywhere  else
because they have different standards
than we have in the other States.
  Mr. SPRINGER. It would not con-
flict  because  their  standards  are
higher and  they can just drive in the
other States without fear  of prosecu-
tion. I will say to the gentleman again,
the only  reason we made an exception
for  California was  because of the
situation being five times as bad as.
anywhere  else  in  the  country,  in
Los Angeles.
                 Mr.  ECKHARDT. Mr. Chairman, I
               move to strike out the last word.
                                          [p. 19232]

                 Mr.  Chairman,  I  had proposed  to
               support  a modified  amendment  that
               would  have permitted  States to make
               their own rules governing  standards
               of automobile construction relating to
               emission of pollutants. But,  frankly, I
               believe this is more guarded  and it
               answers some of  the  objections  that
               would  be, or could be, presented to an
               amendment that permitted each State
               to make its own rules so long as the
               rule was stricter than  the existing
               Federal  law.
                 I  think it answers  the  contention
               that  there  could  be  an  inordinate
               number  of  rules  that would make it
               too  burdensome for a manufacturer
               to comply.
                 With that in mind, I would favor
               the approach here above those of  such
               type that might be offered later.
                 Incidentally, I should like to point
               out  to the  House  that if any of the
               other approaches did pass, at least it
               would  arguably make the bill difficult
               to enforce. This does not do so. But I
               do  want to be  sure as to precisely
               what  the  amendment does,  and I
               should like to ask  the gentleman from
               Pennsylvania a few questions on the
               matter.  First, do  I understand  that
               no standard can be established by any
               State unless the Secretary concurs?
                 Mr. SAYLOR. That is correct.
                  Mr.  ECKHARDT.  Second,  do I
               correctly understand that  the Secre-
               tary could  not  under this  provision
               concur unless the standard adopted by
               the  State was consistent with section
               202 (a) of this act?
                 Mr. SAYLOR. That is correct.
                 Mr.   ECKHARDT.   Do   I  also
               correctly  understand  that  such  a
               standard could not  be adopted by a
               State  unless it addressed itself to an

-------
                 STATUTES AND LEGISLATIVE  HISTORY
                                1465
extraordinary condition in  that State
and constituted a stiffer rule than the
Federal rule?
  Mr. SAYLOR. That is correct.
  Mr. FARBSTEIN. Mr.  Chairman,
will the gentleman yield?
  Mr. ECKHARDT. I yield  to  the
gentleman from New York.
  Mr.  FARBSTEIN.  In  connection
with the statement about conditions in
various  States,  I  would just  like to
say for  the  record  that  right  now
there is  an air pollution alert in New
York  City.  The last  time such an
alert took place 175 people  died. New
York has asked people not to  drive
their cars because people  are dying
now. It would seem to me that  the
least we  could do would be to amend
the  law  so  that the very minimum
would be the standard set by Cali-
fornia. I believe an amendment will be
offered  today  to  set  the  minimum
standards as  those of  California in
connection with antipollution.
  Mr. ECKHARDT. Mr.  Chairman,
I support the  amendment.
  Mr.  FARBSTEIN.  I  will  go  for
that amendment.
  Mr. MIKVA. Mr. Chairman, I  rise
in support of  the amendment.
  The  CHAIRMAN. The  gentleman
from Illinois is recognized.
  Mr.    MIKVA.    Mr.    Chairman,
originally I had intended  to  offer  a
separate  amendment, which the distin-
guished  gentleman  from  Illinois [Mr.
SPRINGER] referred to. However, after
hearing the amendment that has been
offered and some of the discussion on
it,  I rise in  support of this  amend-
ment. This amendment  avoids some of
the  questions  that have been  raised
about the  proposal  I  was going to
offer, and yet at the same  time meets
the   very  pressing  problem  which
the committee did not address itself to,
either in its report or in the bill itself,
namely how do we meet the fact that
whatever was true in 1967, as  far as
 California  was  concerned,  is  true
today in many of the  urban areas  of
this country?  The  gentleman  from
Pennsylvania,  the  author  of  the
amendment, referred to  the fact that
deaths have occurred in Pennsylvania.
Deaths  have  occurred  in  Chicago;
deaths  have  occurred in  other big
cities as a result of  automobile pollu-
tion ; because the fact of the matter is
that you cannot separate out pollution
caused by  automobile emissions, from
the other pollutants which as a total
create  the  conditions under  which
there is real danger to the  life and
health of our population.
  The Governor  of  my State, Gover-
nor Ogilvie,  specifically addressed a
letter to me, and I believe to the other
members of the Illinois delegation,  in
which he strongly urged that a strong
effort be made to repeal the preemp-
tion clause which exists  in the 1967
act. Governor Ogilvie  wrote:

               STATE  OF  ILLINOIS,
              OFFICE OF THE GOVERNOR,
                 Springfield, May 8, 1970.
Hon. ABNEB MIKVA,
Member of Congress,
House Office Building,
 Washington, D.C.
  DEAR CONGRESSMAN MIKVA: I should like to
enlist your support for the repeal of a provi-
sion in the Federal Clean Air Act that unrea-
sonably restricts  state and local authority to
regulate air pollution caused by motor vehicles.
  Federal  emission standards are a necessary
minimum. But existing standards do not ade-
quately control emissions even of carbon mon-
oxide and hydrocarbons,  much less of nitrogen
oxides and other pollutants. Indeed, it is im-
probable  that nationwide standards  will ever
be strict enough for our most congested areas
since  they  are  applicable  to  rural areas
as well. Nevertheless, Congress in 3967 forbade
the  states  to regulate emissions from new vehi-
cles in response to the manufacturers' request
for  a single national standard.
  An exemption  from  this pre-emption was
provided only for California, which had dem-
onstrated  the existence of  a special problem.
Now, with the recent issuance of federal cri-
teria for automotive air  pollutants, it is clear
that many other states may be  confronted
with the need to go beyond the federal stand-
ards in order to protect  the public health and
welfare. While federal law allows state regula-

-------
1466
LEGAL  COMPILATION—Am
tion of automobile use, it deprives the states of
one of our most effective weapons—the control
of emissions from new vehicles.
  It  would be  unfortunate  enough if federal
law merely denied the states power to protect
their own citizens.  But the federal law is also
internally inconsistent, for the preemption sec-
tion is wholly incompatible with the simultane-
ous federal expectation that the states set and
achieve air quality  standards for automotive
pollutants. Congress has told  us we must de-
velop automotive controls and at the same time
has deprived us of the authority to do so.
  A bill to amend the Clean Air Act will soon
reach the  floor of the House of Representa-
tives, where an effort  will be made to insert a
provision  repealing the pre-emption section in
accord with bills introduced  earlier in this ses-
sion. I support this effort to restore to state
and local governments the  power to prevent
pollution from  motor vehicles, and I am writ-
ing each of the Nation's Governors and to the
Illinois Congressional delegation to ask for ex-
pressions  of support.
      Sincerely,
                  RICHARD B. OGILVIB,
                               Governor.

   An  expression of support has come
from many of the  mayors of the large
cities of this country. One such letter
I have received is as follows:

        NATIONAL LEAGUE OF CITIES,
           U.S. CONFERENCE OF MAYORS,
           Washington, D.C., April 29, 1970.
Hon. ABNER J. MIKVA,
17.5. House of Representatives,
Longworth House Office Building,
Washington, D.C.
  DEAR  CONGRESSMAN  MIKVA :  The National
League  of Cities  and U.S.  Conference  of
Mayors support enactment  of H.R. 16013 to
repeal the present federal pre-emption of state
and  local motor  vehicle  emission  standards
which are more stringent than  federal  stand-
ards. We believe that there should be no  fed-
eral  pre-emption of any state or local regula-
tions controlling air pollution which are stricter
than federal requirements.
  The  National  League of  Cities National
Municipal Policy for 1970 states in its section
on air pollution: "States and local governments
should not be  precluded from adopting  more
restrictive standards than those adopted  at the
federal level."
   Many local communities  have air pollution
problems which they believe to be more serious
than generally  appreciated at the federal level.
These communities must be free  to act posi-
tively to  control air pollution  to the  extent
they believe necessary for the health and well
being of local citizens.
   We commend you for your interest in this
                 problem and  look forward to working  with
                 you in  support of H.R. 16013.
                      Sincerely,
                                         ALAN HEALS,
                            Director, Congressional Relations.

                    Very simply,  I  say  to  the  mem-
                 bers of this committee that we  have
                 no way of meeting the problems unless
                 there  is some  authority in  State gov-
                 ernment to impose stricter  standards
                 on motor  vehicles.
                    Mr.   EVANS   of   Colorado.   Mr.
                 Chairman, will the gentleman yield?
                    Mr.  MIKVA. I yield to the gentle-
                 man from  Colorado.
                    Mr.  EVANS of  Colorado. In order
                 that I may better understand the pro-
                 visions of the  amendment  offered by
                 the   distinguished  gentleman   from
                 Pennsylvania,  I  wonder whether  or
                 not   the  effect  of  his   amendment
                 would  be  to  control   the  sale   of
                 vehicles  alone  or control  the sale  of
                 vehicles  and   the  use  of   vehicles?
                 What I have in mind is a  family that
                 is leaving one  State and going to  15
                 or 20  States in a  car they  bought  in
                 their  home State. Is it the use of the
                 vehicle or the purchase and  use of the
                 vehicle   that   your  amendment   is
                 directed  to?
                    Mr. MIKVA.  I shall yield  to the
                 gentleman  from  Pennsylvania  in   a
                 moment.  First, I  would like to say that
                 as  I   read  the  present  law—and  I
                 made  a   serious  inquiry   into  the
                 present provisions—used  automobiles
                 are not  affected. The only  provision
                 relates to new automobiles.  In answer
                 to the gentleman's question, I  would
                 say that  a  State, such as the State  of
                 Illinois, can today, whether or not this
                                                [p. 19233]

                 amendment passes, tell  you that you
                 may  not drive your automobile into
                 Illinois unless you meet certain stand-
                  ards  in  regard  to your vehicle. The
                  restriction is  on new vehicles.
                    I yield to the gentleman from Penn-

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                STATUTES AND LEGISLATIVE HISTORY
                              1467
sylvania to answer the question more
specifically.
  Mr.  SAYLOR. My amendment it-
self is directed merely to the sale of
new automobiles and not to the trans-
portation of automobiles.
  Mr.  ROGERS   of   Florida.  Mr.
Chairman,  will the gentleman yield?
  Mr. MIKVA. I yield  to the gentle-
man from  Florida [Mr.  ROGERS].
  Mr. ROGERS of Florida. Of course,
this would give the Secretary a com-
plete  out  from meeting  his responsi-
bilities. What we have  directed him
to do  is set tough pollution standards.
California  was already  into this  be-
fore the Federal Government got into
it. That was why they were granted
this  arrangement.  Now the  Federal
Government  is  going  to  set  strict
standards,  if the Secretary will do it.
We will have a  situation  where the
Secretary   can  say, "You  will meet
these  strict standards." Instead, under
this, he can say,  "In New York,  if
you cannot meet it, you do not have
to." I do not think we  ought  to give
them  that out.  I  oppose the  amend-
ment.
  Mr.  REES. Mr. Chairman,  I move
to  strike   the  requisite number of
words.
  Mr.  Chairman, I would like to ad-
dress  the  Committee  on this  matter,
because, when I was in the California
State  Senate,  I  wrote  the  present
State legislation we have on automo-
bile emissions. This was written with
almost the unanimous  opposition of
the automobile  manufacturers.
  In  California, to  register  a car,
one has to have an approved device
which has been approved by the Motor
Vehicle Pollution Control Board. For
example,  as a  Member of the U.S.
Congress,  and  as  a legal resident of
the State  of California, when I pur-
chased a  car here, I had  to  have a
special  order,  because  I  could not
register that car in California unless
I had  a certification that I had an
approved  air-pollution-control  device
that was  approved  by the State of
California.
  If I  were not from  the State of
California,  and  I were  traveling to
the State  of California, I could drive
all  through  the State just as long as
I did not become a resident and regis-
ter my car  there as a legal resident
of the  State of California.
  If we approve this  amendment,  it
does not mean we  have to stop and
leave the car at the New York, Cali-
fornia, or Illinois border, but it means,
if we wish to become residents of that
State,  we  have to  come  up  to the
minimum  health standards regarding
automobile emissions.
  We allow  the States to develop min-
imum health standards. This is what
we  are talking about. We  are not
talking about  automobiles. We are
talking about health  of  human be-
ings.
  In 1955 when I was a freshman in
the California  State  Legislature,   I
was chairman of a special subcommit-
tee on  health effects of air pollution.
We were just beginning to develop in-
formation on emphysema,  which is a
lung disease. We did not  know about
emphysema. Now we find emphysema
is becoming one of the major causes
of  death in the State of  California.
It is a lung disease, the  inability of
the lungs  to  function. Its probable
cause is living in air polluted areas.
We find the doctors, in southern Cali-
fornia, are telling many families they
had better  move  out of  this  smog
basin and go  some place  where  they
will not have  this  concentration of
pollutants.
  Many people  say pollution  might
not necessarily be caused by the auto-
mobile or maybe only a small contribu-
tion. In California we have very tough
laws.  We have basin type controls on
stationary  sources.  In Los  Angeles

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1468
LEGAL COMPILATION—Am
we outlawed all open air burning and
all  open  air  incinerators  about 15
years ago. We outlawed all  industrial
air  pollutants quite a  few years ago.
We  will not  even allow  the  steam
plants to build within  the Los Ange-
les  Basin. We have effective control
on stationary pollutants,  all station-
ary sources of pollutants, but still we
have air pollution because of the last
uncontrolled source, the motor vehicle,
continues to pollute the atmosphere.
  Detroit has not admitted this. They
would  not admit it 10  years ago or 5
years ago. They always say it is some-
thing else. In California we had to
fight the automobile  industry  every
foot of the way, because they say they
are not responsible. I  think they are.
I think every State has the right to
look at the health of the  people of
that State and to come up  with min-
imum  standards  to  fit  that   State.
I think if we do not grant to the sev-
eral States,  as  we have granted to
California, this right, then we are go-
ing to have  bare minimal  standards
dictated by  States with minimal pol-
lutants. I think  to protect the health
of our  people we have to have max-
imum  standards  where  States deem
that they need  maximum  standards
to protect the health of their citizens.
I urge an aye  vote on this  amend-
ment.
  Mr.  KOCH. Mr. Chairman, I move
to  strike  the  requisite  number of
words  and  rise  in support   of  the
amendment.
  It is hard  for me  to understand
why there would be any  objection to
voting  for  this  amendment since it
was brilliantly conceived. It does not
impose these high standards on every
area. It does  not even give to every
area the right to impose those stand-
ards for its own protection.
  What it says  is that the Secretary
of  Health,  Education, and Welfare
may,  upon  application,  where  the
               facts warrant it, permit an  area to
               impose upon itself the standards that
               California now has.
                  It is hard for me to believe that the
               Members  here would want  to  permit
               the  residents of California and the
               Members  who come  from  California
               to say, "Well, we  in California saw
               the problem. We recognized it, and we
               are  protecting our own  constituency
               while the  rest of the country is not
               protected."
                  It  appears  to  me that the  con-
               stituency  in California should be pro-
               tected and its Members  should  be
               commended for their foresight, and
               that  we  have an  obligation  to say,
               "Yes; if   a  like condition exists  in
               the State of New York, or any other
               State, that application could be made
               to the Secretary of Health, Education,
               and  Welfare, to grant the  same pre-
               rogatives  to such State  that  Califor-
               nia has been granted."
                  I should like to say to  the Members,
               as an example of our special problem
               in New York  City that in the borough
               of Manhattan at times nearly 70 per-
               cent  of  the vehicles, during certain
               hours of  the day,  are  taxis.  They,
               with  other vehicles,  are  the  prime
               cause for the  pollution in the borough
               of Manhattan.
                  Is  it unreasonable to permit the
               State of  New York,  if upon  applica-
               tion  it establishes that  the air pol-
               lution in  the State  is   so bad that
               action needs  to be taken and higher
               emission standards imposed? Is it un-
               reasonable to say that the Secretary
               of Health, Education,  and Welfare
               may  hear such an application and if
               the  Secretary of Health,  Education,
               and   Welfare finds  after  a  hearing
               that  our  problem is  equal  to that of
               California that New York may take
               the  same measures  taken by  Cali-
               fornia?
                  I  should  like to  ask the  distin-
               guished gentleman  from Florida [Mr.

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                STATUTES  AND LEGISLATIVE  HISTORY
                              1469
ROGERS], if he is present—and if not,
then the chairman of the committee—
why,  sir,  is  it  not  right to  give to
the Secretary of  Health, Education,
and Welfare the right to  pass  upon
an application of an individual  State
which wishes to bring before him facts
which would show that the problem
existing  in  California  exists  else-
where?
  I see  that both  the  gentlemen are
present. Do they not have  confidence
in the Secretary that  he would only
make a  finding permitting the change
if in fact a like  situation existed?
  Mr.   ROGERS  of   Florida.   Mr.
Chairman, will the gentleman yield?
  Mr. KOCH. I yield to the gentleman
from  Florida.
  Mr. ROGERS of  Florida.  I  hope
the gentleman  realizes what  we are
doing in this legislation now is tight-
ening it up and saying to  the Secre-
tary,  "We  want you  to have  strict
standards."  They  have already pub-
lished standards the same as those in
California  for  1975. I am sure they
are going to be tightened  up in the
interim  years.
  Mr. KOCH. May  I ask the gentle-
man another question along the same
line?
  Mr. ROGERS of Florida. Certainly.
  Mr. KOCH. If tomorrow,  or  upon
the passage of this  bill, the  State of
New York  wanted to make an appli-
cation to the Secretary, and if it were
to establish that right now our  prob-
lem in New York is  the equal of that
in California, is it the gentleman's
judgment  that we should wait  until
1975 to  deal with that problem?
  Mr. ROGERS of Florida. I am sure
the gentleman  knows  under  present
law the Secretary of Health, Educa-
tion, and Welfare can move in any of
these  fields any time there is an im-
minent danger to health.
  Mr. KOCH.  I ask  the  gentleman
again: Is it his  judgment that if the
State of New York were to make an
application  under the new law, the
Secretary of Health, Education, and
Welfare ought not to have the power
to approve  the stricter  standards  if
the facts show that  New York has
the same kind  of  pollution as that
which exists in California?
  Mr. ROGERS  of Florida. What I
am
                          [p.  19234]

saying to the gentleman is we want
the Secretary to impose those  strict
standards all over the Nation. We give
him  this  authority in the bill. I do
not believe  he  should have the right
to get out of it by  saying, "I will let
some State  assume  the burden."
  The  gentleman knows that many
States will not even assume a burden.
  Mr. KOCH. But, I say  to the gentle-
man, assuming for a moment that the
pollution standards are  adequate for
the  State of  Iowa,  which  perhaps
does not have  as  many taxis  and
other vehicles  as the State of New
York, is  the  gentleman  saying that
New York shall  not  have that right
in the interim and must wait until
1975 when the  Secretary says, "These
California standards shall apply  to
the whole United States"?
  Is not the issue of States rights in-
volved  here?
  Mr. ROGERS  of  Florida. What I
am saying is if there is  an imminent
danger to New York, then the  Secre-
tary can act now under  the authority
of the  law. He  has that authority
now.
  Mr. MOSS.  Mr.  Chairman,  I rise
to support the  amendment offered by
the  gentleman'  from  Pennsylvania,
and  I do so after  giving it a  great
deal of  very careful thought.
  I listened with interest to the com-
ments of my colleague from Califor-
nia [Mr. REES].  I  recall my service
in the legislature of my  State back
      526-703 O - 73 - 20

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1470
LEGAL COMPILATION—AIR
in 1949 when  we passed some of  the
pioneering  legislation  dealing with
the problems of air pollution. I realize
fully  how frustrated we  would have
been  had we been confronted with
Federal standards which were inade-
quate to meet the  needs of California
and the peculiarities of the Los An-
geles  basin. I recognize that  there
are other sections  of this Nation hav-
ing peculiarities—we live in one right
here in the  Washington metropolitan
area—where  the   pollutants  from
motor vehicles frequently cause con-
siderable personal discomfort. This is
an area of  intensive pollution. If  the
States can advance the technology to
deal with this problem and  can make
a convincing show to the Secretary—
and the language of the amendment is
drafted  so  as  to avoid any  crazy
"pattern of  standards"— it  is reason-
ably  drafted—I assume the man oc-
cupying the office of the Secretary,
whoever he  might be,  would  give
very,  very  careful consideration  to
any excessive economic  impact upon
what  constitutes  one of the basic in-
dustries of  this Nation and  not  im-
pose onerous or unreasonable burdens
upon  it. I think  this is a reasonable
request, and it is  in the sense of the
reasonableness of the request that I
extend  my  support  to  it  and urge
the support of the members of  the
Committee.
  Mr.  ECKHARDT. Mr.  Chairman,
will the gentleman yield?
  Mr. MOSS.  I  am very pleased to
yield  to my friend, the distinguished
gentleman from Texas.
  Mr. ECKHARDT. Does the gentle-
man  from  California not agree with
me  that  with  respect to   emission
standards  for new automobiles  this
act does  preempt the  field  and re-
quires  a  single standard everywhere
except  California?
  Mr.  MOSS. I  think that it does.
Yes,  indeed.
                 Mr.  ECKHARDT. The gentleman
               from   Florida  was  indicating  that
               special problems might be met by the
               Department  of  Health,  Education,
               and  Welfare in  areas  where  that
               special problem existed in his answer
               to the gentleman from New York in
               the  discussion with him,  but as  I
               understand the law as drafted, special
               problems  may be  met  in every field
               except emissions from  new automo-
               biles. The provision referred to by the
               gentleman from Florida is found in
               section 108 (k) but  it is aimed at  a
               contributor  to the  alleged  pollution
               and  provides  for injunctions to stop
               the  emission  of  contaminants. It is
               not directed  at  the manufacturer of
               a facility which may cause pollution.
               Is that not true?
                 Mr. MOSS.  I  think  that is quite
               true.
                 Mr. ECKHARDT. And all we  are
               attempting  to  do  here  is to provide
               a  minimal  relaxation  of  that  pre-
               emption.
                 Mr. MOSS. I think  it is the bare
               minimum that a State  could reason-
               ably expect to take care of problems
               peculiar  to  that State or to an area
               within that State.
                 I  am very  pleased  to yield to my
               friend, the gentleman from Florida.
                 Mr. ROGERS  of Florida.  I  thank
               the gentleman for yielding.
                 I  want to clear this up. There is
               provision in the law that says  when-
               ever there is an imminent danger the
               Secretary may act.
                 Mr. MOSS. I  think  we  are  en-
               visioning something here short of an
               imminent danger.
                 Mr. ROGERS  of Florida. I  say if
               it is all  that  serious, the Secretary
               may  act.
                 Mr. MOSS. It would require mov-
                ing  so quickly and  the danger would
               have to be  of such  magnitude that  I
               think  this would  not deal with that
               problem. That contemplates an entire-

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                STATUTES  AND LEGISLATIVE  HISTORY
                               1471
ly  different  problem.  However,   I
think this is a reasonable request  of
the committee and of the Congress.
  Mr. WILLIAMS.  Mr. Chairman, I
move to  strike the  requisite  number
of words.
  Mr.  Chairman,  I  am in favor  of
national  standards to be met by all
States in fighting air pollution. But
I think we have to recognize the fact
that in more States than just Cali-
fornia we do have special problems.
  Just to  set  the record straight  I
have heard talk here today about hav-
ing  different types   of  engines and
numerous types of gasoline  in order
to get away from the lead additive, a
great  air  polluter,  which   is  now
placed in gasoline in  order  to  get  a
higher octane rating.
  Mr.  Chairman,  I  want  to  tell the
members  of  the committee that this
is just not  true. The additive  which
can be placed  in gasoline and  which
can take the place of lead and  which
will burn in the process of combustion
and  not  discharged  into  the  atmos-
phere  as a  pollutant, are  aromatic
hydrocarbons that  are a  product  of
the cracking of crude oil.
  If we  ?ay to every  oil company in
this  country today, "We are going to
give you 2 years to  phase out the use
of lead as an  additive," we  could  do
it and add an additional 1 cent a gal-
lon to the cost of gasoline.  The cost
of putting lead in gasoline is 2 cents
a gallon, approximately. The expense
of aromatic hydrocarbon which has to
be refined and added  to  the  gasoline
would be less  than  3 cents  a gallon
and  would  produce  the  same high-
octane gasoline.
   Mr. Chairman,  all  this talk about
 $6  billion  or  $7  billion could  be
amortized at a cost of 1 cent a gallon.
   So, we do not need a lot of  differ-
ent types of engines.  But, we should
give consideration to phasing out the
diesel engine  which is a  great pol-
luter.
  However,  Mr.  Chairman,  to  get
back to this  specific amendment, you
have  to  realize the  fact  that in a
State  like  Pennsylvania   we  have
numerous  unusual conditions  where
other air pollutants emitted by auto-
mobiles and  I have reference  to in-
dustrial  pollutants.  For instance,  in
the city of Philadelphia, in the Great-
er Philadelphia area, we have a great
concentration  of refineries, an  unbe-
lievably  large  concentration  of  re-
fineries.  We  have  steel  mills and
every other type of industry. The ve-
hicles that we  are talking about  in
the  States which  would  set  higher
standards  would be applied only  to
those vehicles registered in that State.
  You have already heard the  distin-
guished gentleman from Pennsylvania
[Mr.  SAYLOE]  talk about  the  deaths
that occurred in one  of our smaller
cities and I  can  tell  you that  the
concentration  of  steel mills around
the city  of Pittsburgh sets that city
apart as much as any  other city inso-
far as air pollution is concerned.
  Mr.  Chairman,  we must take into
consideration  the fact  that while we
do support national standards, at the
same time we have to recognize the
possible  adverse conditions which ex-
ist in some States and we must pro-
vide the legislation for dealing with
those special  cases. Therefore,  I rec-
ommend  the   support  of this amend-
ment.
  Mi-. SAYLOR. Mr.  Chairman, will
the gentleman yield?
  Mr. WILLIAMS. I  am happy  to
yield to the gentleman from Pennsyl-
vania.
   Mr. SAYLOR.   Mr. Chairman,  I
have heard our colleague,  the  gentle-
man from Florida  [Mr. ROGERS], say
that  this bill has a provision to the
effect that the Secretary has a right
in the case of imminent danger to act.

-------
1472
LEGAL  COMPILATION—AIR
Do the other 49 States have to wait
until  he acts while citizens  are  in
danger  of  losing  their lives, rather
than giving the State legislatures the
opportunity to  act, or do  they  have
to come  down to  the  Secretary and
ask for some relief? That is what the
bill presently provides. Therefore, I
would  like  to  see this amendment
adopted.
  Mr.  ROGERS  of  Florida.  Mr.
Chairman, will the gentleman yield?
  Mr.  WILLIAMS.  I  yield  to  the
gentleman from Florida.
  Mr. ROGERS  of Florida. The gen-
tleman knows that the bill—and it is
already being done under present law
—the Secretary is setting strict stand-
ards for automotive emissions.  This
is done because these automibiles are
moving   emission  sources.   In other
words, they  go from  one State  to
another. That is why we are approach-
ing it in this manner and not allowing
one State to  set a high standard and
another not to do  likewise.
                          [p. 19235]

  Mr. WILLIAMS. I understand the
gentleman's statement, but  I also un-
derstand that the  national  standards
are not  as  high as your  committee
would  like  to have  reported  out  at
this time—not as high  standards that
you will  probably  be reporting out 5
or 6 years  from now.
  So that all I  am saying to you is
that we  must realize that  there are
special conditions in States  other than
California that will require standards
higher than  the  Federal  standards
at this time.
  Mr. COLLIER. Mr. Chairman, will
the gentleman yield for a  question?
  Mr. WILLIAMS. I yield  to the gen-
tleman from Illinois.
  Mr.  COLLIER.  Mr. Chairman, I
would ask the gentleman, do I under-
stand that  for years the States have
               had the authority to set the standards
               in their  own  States?  Is  there  any-
               thing that prohibited all of the States
               from doing what California did?
                 Mr.  WILLIAMS.  I  do  not  know
               that there  was any.
                 Mr. COLLIER. Then, if there was
               not,  why have they been silent  all
               these years? Why is it that all of a
               sudden we  find that the Federal Gov-
               ernment  is going to  set  standards?
               It just seems to me that somebody has
               been asleep at the switch.
                 Mr.  WILLIAMS.  The  answer  is
               that everybody has  not  been asleep
               at the switch and they have not been
               asleep at the  State levels in certain
               instances.
                 The city  of  Philadelphia today has
               the highest anti-air pollution elimina-
               tion  standards in  the  country  in  all
               probability, as far as any municipali-
               ty. Years ago the city of Pittsburgh
               adopted regulations and they cleaned
               up  the  atmosphere  in  Pittsburgh
               tremendously.
                 Mr. COLLIER. Will  this lower the
               standards?
                 Mr. WILLIAMS. No, it  will not.
                 The  CHAIRMAN. The time of the
               gentleman has expired.
                 Mr. STAGGERS. Mr. Chairman, I
               would  like  to find  out  what  time
               limit we  can place on this amendment
               to close debate on it.
                 I believe  we  have  been debating
               this one amendment for an hour, and
               I  think  that  is  sufficient  time.  I
               would just  like to find  out how much
               time would be required.
                 Does the gentleman from Michigan
               desire  time?
                 Mr. DINGELL. Yes, I do.

                 MOTION OFFERED BY ME.  STAGGERS

                 Mr. STAGGERS. Anyone else?
                 Mr.  Chairman, I move  that  all
               debate on  this  amendment  and  all

-------
                STATUTES AND LEGISLATIVE HISTORY
                              1473
amendments thereto close in 10 min-
utes.
  The motion  was agreed to.
  Mr. DINGELL.  Mr.  Chairman, I
rise  in opposition to the amendment
offered by my dear friend, the gentle-
man from Pennsylvania, and I  move
to  strike the requisite  number of
words. As every one here knows, the
author of this amendment is not only
one  of our most able,  sincere, and
valuable Members,  but he is one of
our  Nation's  truly great  conserva-
tionists.
  Mr. Chairman,  I  think  the  best
argument against  this  amendment
was  made by one  of  its proponents
and  supporters, the gentleman  from
California [Mr. REES].
  We  have  had a  long fight to get
uniform  Federal  standards  on water
quality and air  quality. I  was the
author of the first  legislation to cre-
ate  uniform  Federal  standards  on
water pollution. I was the first author
of legislation to create Federal stand-
ards on air pollution, both on moving
and  stationary sources.
  A few years  ago on the floor of
this  House this body  adopted a  piece
of legislation which set up a require-
ment that the Federal Government
would have uniform Federal stand-
ards  in  all  kinds  of  air  pollution,
moving and stationary. On the  offer-
ing of my friends from California we
adopted  an  exemption which  per-
mitted California, because of the sup-
posedly  unique  circumstances  there,
to create local standards which would
be stronger upon the showing of need.
Now  we  have made  great  progress
under the uniform Federal standards
on moving sources, and many of my
colleagues seem  to  think  and  seem
to express the thought that we do not
have  strong  Federal standards, and
that we will not have  strong Federal
standards between  now and  1975.
Nothing is  further from the  truth.
There is a very simple answer to this
point that I think has to be brought
out.  The  fact of the matter is that
between  now  and 1975  the Federal
Government is going to adopt exactly
the  same standards  that  will  be
adopted by the State of California on
moving sources of pollution. If Cali-
fornia is doing as well  as its rep-
resentatives say—then that is all that
can possibly be done for any State.
  I think that should make it quite
plain that there is no desperate need
to Balkanize this Nation and have to
have 50  different assembly  lines  and
50  different  designs  of  automobiles
and  50  different kinds of automobile
engines  produced  and  marketed  in
this country.
  I think it should  be  known that
everyone in this country should under-
stand that his  Federal  Government
is not  going to allow marketing of
autos that do  not meet the highest
possible  technological  and  economic
standards that can  be achieved for
the prevention of air pollution. The
law says that it should be thus,  and
the Congress and your committee will
insist it be so.
  Now it is assumed that California
is unique. I am here  to tell you that
it is not unique. My friend, the gentle-
man from  Pennsylvania,  complains
that they have  air pollution problems
in Pennsylvania. He is  right.  I am
here to tell you we have air pollution
problems  in Michigan. I  am here to
tell you you have them in New York
City.
  I am satisfied that there is  not a
single  metropolitan  area  that does
not have grave air pollution  problems.
These  problems are  related  to  the
meteorological conditions and are re-
lated to industrial emissions and are
related to the  number of automobiles
and the  concentration of  people  and
to geographical factors.
  This is precisely  the  reason why

-------
1474
LEGAL COMPILATION—AIR
we need strong high  Federal  stand-
ards. Not 50 different standards that
are going to involve  all of us in in-
numerable   and  immeasurable  and
everlasting  disputes over what shall
be  the  50  different  automotive  air
pollution abatement standards in this
Nation.
  I say that strong Federal standards
are the only device under which we
can  have  a meaningful cleanup and
abatement   of  pollution from  auto-
mobiles that is emitted into  the at-
mosphere of the United States. Auto-
mobiles move  from  State  to  State,
city to city, area to area. California,
New  York, Michigan,  and Pennsyl-
vania should know that the innumera-
ble visiting1  autos meet the very high-
est and best standards.
  I  want  to  make one  thing  very
clear. The proponents of this amend-
ment would have you believe it is not
possible for a  State to challenge the
Federal standards. This demonstrates
the  clear  lack of knowledge of  the
standards on  their part because be-
fore the standards can become promul-
gated, it must  be done pursuant to a
hearing  where  all  viewpoints  are
heard. Each and every State can then
come forward  and  stress  both  the
problems which it has with regard to
pollution and the need for a particular
kind of device and relief to abate pol-
lution which happens to afflict their
people.
  The Federal  Government will be
responsive to the wishes of the States
for  stronger  and  better  standards,
and we, the  representatives of  the
people, will see that it be so.
   There is further the opportunity of
a judicial review of Federal standards
if they are not strong enough and
the States are fully qualified to  speak
on  behalf of their people.
   So anyone who has the  idea that
the Federal standards are not the ap-
proach  is  entirely in error,  and  I
               would  urge the House  to  reject this
               amendment summarily.
                 The  CHAIRMAN.  The  Chair rec-
               ognizes the gentleman  from  Illinois
               [Mr. SPRINGER].
                 Mr.  SPRINGER.  Mr.  Chairman,
               I think this has been well debated. I
               think  certainly everyone  has  made
               up  his mind on the basis  of  the de-
               bate that we have had here.
                 The  committee  in  1967  considered
               this most  carefully.  We again  con-
               sidered it  most  carefully this  year
               on the expiration of the 1967  act. We
               think we have made a broad improve-
               ment in five areas. We came to the
               conclusion  that we simply could not
               leave this thing open to  the possibility
               where  you  could have as many as 50
               different standards.
                 There has been a lot of talk  here
               today  about what a State could or
               could not do. But  if a State  does get
               permission  to set up its own stand-
               ards upon,  we will say, even a petition
               to the Secretary, they can include in
               their legislation and prevent any other
               automobile from  being  driven on the
               highways of that  State, if that State
               wants  to do it.
                 There are broad indications  here
               that they would  not  do it. But  that
               does not keep a  State  from doing it
               if it wants to do  it.
                 This committee is faced with a very
               practical  situation,  gentlemen.   We
               simply could not throw  the door  open
               to  the  possibility where  you  could
               have even as many as eight, 10, or 12
               different engines out on the  highway
               unless your consumers  want to pay
               for that. That is
                                         [p. 19236]

               exactly what you  have to do in this
               instance if you  allow  that  kind of
               standards to be created in so many
               States as I have indicated could pos-
               sibly happen.
                 I think the committee has done a

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                STATUTES AND LEGISLATIVE  HISTORY
                              1475
good  job  in thinking  and working
this thing- through this  whole  matter
and every facet of what the  gentle-
man  from  Pennsylvania is talking
about has  been debated.
  Some of the  members of the  com-
mittee here  have joined  in the debate
on both sides so that you have a pic-
ture of this. It means that we should
vote against this  kind of amendment
and  the vote against  this kind  of
amendment  was very strong in  com-
mittee because we felt it simply was
not practical to undertake  this  kind
of amendment to leave the door  open
to what would happen  and what  I
think  the  Members here think would
happen and what  could and is  most
likely to happen if we got the kind of
pressures  that have  been  indicated
here on the  floor might  be put on the
various States for the  various prob-
lems  that arise.
  Putting  all  this  aside,  whatever
has been said here, about my city be-
ing as bad as Los Angeles—it simply
is not true because the  Public Health
Service has  made  a  survey of all of
these. There is not any place in the
world, as  I have indicated to you, ex-
cept London, that is anywhere  near
as bad as Los Angeles.
  Los Angeles  is  roughly five times
as bad as  any other city in this coun-
try. I am  giving you a picture of why
we  allowed  a relaxation  in the case
of the State of California. I felt that
the State  of California,  upon the pre-
sentation they made, should  have that
relaxation. And if it had not been for
the one county, which  had  10 or 12
million people  in it,  which  is  Los
Angeles County, they would not have
gotten the exemption which they did.
I felt that they were entitled to this
kind  of exemption by virtue of  what
the   Public  Health  Service  found
there. The Public  Health Service did
not find any city  in the country  more
than  one-fifth as bad as the county
of Los Angeles, and that is the reason
that we allowed the exemption.
  Mr.  VAN  DEERLIN.  Mr. Chair-
man, will the gentleman  yield?
  Mr.  SPRINGER.  If  I have any
time remaining, I yield to the gentle-
man from  California.
  Mr. VAN DEERLIN.  I would like
to refresh  the gentleman's  memory.
In  the  bill before  the committee  3
years ago  there  was no exemption
for California. It came  to  the floor
and had to be fought out on the floor
the same as this one has to be fought
out. This  amendment was  not even
offered  in committee. This is a  States
rights amendment which seems to me
every bit  as  valid  as  the  one re-
lating to California before.
  Mr.  SPRINGER. The subject was
well debated in the  committee. The
whole issue of what  should  be done
was discussed under almost exactly
the same  kind  of  amendment dis-
cussed by  the gentleman from Cali-
fornia,  whether anyone  actually of-
fered  the  amendment or not.  That
I do not know. But I can say it was
discussed from one end  of the hear-
ings to  the other.
  The CHAIRMAN.  The Chair rec-
ognizes  the  gentleman  from West
Virginia.
  Mr. STAGGERS. Mr.  Chairman, I
yield  to the  gentleman  from  New
York.
  Mr.  LOWENSTEIN.  Mr.   Chair-
man,  I  appreciate  the gentleman's
yielding. I  merely wish to support
the remarks of the gentleman  from
New York  [Mr. KOCH].
  Mr.  STAGGERS.  Mr. Chairman,
we are here to legislate for the  50
States.  That is our purpose. We are
trying to present a strong,  national
clean  air bill and not to  split its pro-
visions  in  different ways and let the
States go their own ways, which the
gentleman  from Illinois  spoke  about.

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1476
LEGAL COMPILATION—Am
Where were the  States during all the
years until 1965, and even after that
when Federal  legislation was passed
in 1967, which was not strong enugh?
We  realize  that,  and  we have at-
tempted  to make it stronger. We ex-
pect the Secretary to make the auto-
motive   standards  as   strong   or
stronger  than  the  California ones.
We do not want it to stop with those
standards. We want the  best national
standards  which America can have.
We want the best for the land. But we
do not want to  split these standards
up 15 different ways.
  What  are the  possibilities if we do
not have strong national  standards?
I do not oppose  the objectives of the
amendment  offered by the gentleman
from Pennsylvania, but  I think his
amendment  would  result  in  exactly
the opposite of what is  intended. We
would have  weak  Federal standards.
We  would in  effect be  saying,  "Let
the States do  it."
  You  will  abrogate  your  responsi-
bility as a Congressman of the United
States if you say, "Let us leave it to
the  States to  do this."  If you want
uniform standards so that  cars can
travel out of  one State and into all
50  States,  as  they  do  today,  vote
against the  amendment. We ought to
have a strong law. We ought to have
the standards stronger  than Califor-
nia has. We can say to the Secretary,
"Let us  have  stringent  standards."
Let us not abdicate our responsibility.
Let us  defeat the amendment, pass
a bill, and get it on the books.
   Mr. NELSEN. Mr. Chairman, will
the gentleman yield?
   Mr. STAGGEES. I yield to the gen-
tleman from Minnesota.
   Mr. NELSEN. I wish to join with
our good  chairman.  I  served on the
subcommittee that sat through all the
 hearings,  and I  am in full agreement
with the chairman. I hope the amend-
ment is defeated and the bill is passed
                in its present form.
                  The CHAIRMAN. The time of the
                gentleman from  West Virginia  has
                expired. All  time has expired.
                  The question is on the amendment
                offered by the gentleman from  Penn-
                sylvania [Mr. SAYLOR].
                  The question was taken; and on a
                division (demanded by Mr.  SAYLOR),
                there were—ayes 49, noes 79.
                  Mr. VAN  DEERLIN. Mr. Chair-
                man, I demand tellers.
                  Tellers were ordered, and the Chair-
                man  appointed  as tellers Mr. SAYLOB
                and Mr. STAGGERS.
                  The Committee again divided, and
                the tellers reported that there were—
                ayes  50, noes 66.
                   So the amendment was rejected.


                AMENDMENT OFFERED BY MR. TIERNAN

                  Mr. TIERNAN. Mr.  Chairman, I
                offer an amendment.
                  The .Clerk read as follows:

                  Amendment offered by Mr. TIEBNAN: Page
                47, strike out line 12 and all that follows down
                through line 20 on page 49, and insert in lieu
                thereof the following.

                "BEGISTKATION AND  REGULATION OF FUELS  AND
                             FUEL ADDITIVES

                  "SEC. 8. (a) Subsection  (a) of section 210
                of the Glean Air Act is amended to  read as
                follows:
                  " '(a) The Secretary may by regulation des-
                ignate any fuel or fuel additive, and after Buch
                date or dates as may be prescribed by  him, no
                manufacturer or processor of any such fuel or
                fuel additive may sell or deliver it unless the
                manufacturer of such fuel or fuel additive has
                provided  the  Secretary with the  information
                required under subsection  (c)  of  this section
                and unless such fuel or fuel additive has been
                registered  with the Secretary  in accordance
                with subsection (c) of this section.'
                  "(b) Section 210 of such Act is  amended by
                redesigns ting subsections  (b), (c), (d), and
                 (e) as subsections  (c),  (d), (e), and  (f).
                respectively, and by inserting after subsection
                 (a) the following new subsection:
                  "(b) The Secretary may, on the basis of in-
                formation  obtained  under subsection  (c) of
                this section or any other information available
                to him, establish standards  respecting the com-
                position or the chemical or physical properties
                of any fuel or fuel additive to assure that such

-------
                    STATUTES  AND  LEGISLATIVE  HISTORY
                                     1477
fuel or fuel additive will not cause or contrib-
ute  to emissions which would  endanger the
public health  or  welfare, or impair the  per-
formance of any emission control device or sys-
tem which  is in general use or likely to be in
general use (on  any motor  vehicle  or  motor
vehicle engine  subject  to this  title) for the
purpose of preventing or  controlling  motor
vehicle emissions  from such vehicle or  engine.
For the purpose of carrying:  out such standards
the Secretary  may  prescribe regulations—
  " (1)  prohibiting  the manufacture for  sale,
the sale, the offering for  sale, or the delivery
of any fuel or fuel additive; or
  " (2)  limiting  the  composition or chemical
or physical properties, or  imposing  any condi-
tions applicable to the use of, such fuel or fuel
additive (including  the  maximum  quantity of
any fuel component or  fuel  additive that  may
be used or  the  manner  of such use)."
  "(c) Section 210(c) of such  Act (as so re-
designated  by subsection  (b) of this section)
is amended—-
  "(1)  by  striking  out "For the purposes of
this section the Secretary shall'  and inserting
in lieu thereof 'For  the  purpose of establishing
standards  under subsection  (b), the Secretary
may require the  manufacturer of any  fuel or
fuel additive to furnish  such information as is
reasonable  and  necessary  to  determine the
emissions resulting from the use of the fuel or
fuel additive or the effect of such use on the
performance of any emission control device or
system which  is in  general use or likely to be
in general  use  (on any  motor vehicle or motor
vehicle engine  subject  to  this  Act) for the
purpose of preventing or  controlling  motor
vehicle emissions  from such vehicle or  engine.
If  the  information  so  submitted  establishes
that toxic  emissions or emissions of unknown
or  uncertain toxicity result  from the use of
the  fuel  or fuel  additive, the  Secretary  may
require the  submission  within  a  reasonable
time of such  scientific  data as  the Secretary
may reasonably prescribe to enable him to
                                [p. 19237]


determine the extent to which  such emissions
will adversely affect the public health  or  wel-
fare. To the extent  reasonably consistent  with
the purposes of this section, such requirements
for submission of information with respect to
any fuel additive shall  not be imposed on the
manufacturer of any such  additive intended
solely for use in a  fuel only by the manufac-
turer thereof. Among other types  of informa-
tion, the Secretary  shall';
   "(2)  by  inserting in clause (2) 'the descrip-
tion of any  analytical  technique that  can be
used to detect and measure such additive in
fuel,' after 'above,';
   "(3)  by striking  out in such clause 'to the
extent such information is available or becomes
available,';
  "(4)  by striking out 'clauses (1) and  (2)'
in the second sentence .and  inserting in lieu
thereof  'the provisions of this subsection*; and
  "(B)  by striking out 'such  fuel additive'  in
such  sentence and inserting  in lieu  thereof
'such  fuel or fuel additive'.
  "(d)  Section 210(d) of such Act (as so re-
designated by subsection (b)  of this section)
is amended—
  "(1) by inserting after the first sentence the
following  new sentence: "The Secretary  may
disseminate any information obtained from re-
ports or  otherwise,  which is not  covered by
section  1905  of title  18 of the United States
Code  and  which will contribute to scientific or
public understanding of the  relationship be-
tween the chemical  or  physical properties  of
fuels  or  fuel additives and  their contribution
to the problem of air pollution.'; and
  "(2) by striking out 'subsection (b)' in the
first  sentence and inserting  in lieu  thereof
'subsection (c)'.
  "(e)  Section 210(e) of such Act (as so re-
designated by subsection (b)  of this section)
is amended  (1)  by  inserting  'or subsection
 (b)'  after 'subsection (a)'; and  (2) by strik-
ing out '$1,000'  and  inserting in lieu thereof
'$10,000'.
  "(f) The  amendment  made  by  subsection
 (e) (2)  of this section shall  be effective with
respect to any fuel or fuel additive  to which a
regulation issued under section 210 (a)  of  such
Act or a standard established  under subsection
 (b) of such section  (as amended by this Act)
applies."

   Mr.  TIERNAN  (during  the  read-
ing). Mr. Chairman, I ask  unanimous
consent  that  the  amendment be  con-
sidered  as  read   and  printed  in  the
RECORD. As I  have already explained
to  the  chairman,  this  amendment  is
a section  of the  administration  bill
which  was  presented  to  the commit-
tee  and was not adopted by  the com-
mittee. I believe  it will save time for
the committee if  we consider it read.
   The CHAIRMAN. Is there objection
to  the request of the gentleman from
Rhode Island?
   There was no objection.
   Mr. TIERNAN. Mr. Chairman and
members  of  the  committee,  what  I
have attempted to do here today is to
present  to the  committee for its con-
sideration  the  language  in the  bill
which was presented by  the adminis-
tration  to the committee, because  I

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1478
LEGAL  COMPILATION—AIR
believe this  is very important, and I
believe  it is necessary that  we  talk
about the standards with  respect to
the fuels.
  I commend the committee  for its
work  on  this  bill  because,  as  the
chairman  indicated,  it is a step  for-
ward. I certainly agree with the chair-
man in  a sense that it is  something
to improve the  situation we have.
  What my amendment will  do is to
go  a  little  bit further, to be  more
stringent. It certainly will give the
Secretary more  power with  regard
to the type of fuels and additives  that
will be used in the future.
  For  example,  it  requires  anyone
who is  using an  additive  to submit
his findings and research data, which
he  has  obtained,  without  making  it
necessary for the  Secretary to under-
take independent  research.
  Since the administration  has put
this forth  in  its bill, I  believe we
should support the administration in
its  efforts  to  curtail  the  pollutants
that are put into the air.
  The present bill now before us  puts
the burden on the automobile industry
solely. It does not  affect  the manu-
facturer of  the fuels used in the auto-
mobiles. I believe  that the administra-
tion bill and the  amendment I offer,
which is the administration language,
goes much further than the committee
bill and it is necessary because of the
situation  we have  here in  America
today.
  We all know that the  number of
cars in  our country today  is  increas-
ing every  year.  Particularly  those
Members  who come  from large urban
areas know of the  situation which
has certainly been exemplified by the
situation  in Los  Angeles. In my own
State, in all the urban areas, we  have
this problem. I know those  who live in
the cities know what  it means to go
into the city when  it is rainy and a
cloudy day, and  there is  heavy  traf-
               fic downtown, not only with fuel be-
               ing used in automobiles but also fuel
               being used for the heating and power
               of our great country.
                 I believe  this is  a time the Secre-
               tary should  have made available to
               him  through this amendment the in-
               formation, the scientific data, which
               would  be made  available  by the lan-
               guage  under the administration bill.
                 Therefore, I believe we  should not
               only require the automobile  industry
               to meet  this challenge,  this grave
               challenge, which everyone recognizes
               here, but also the  fuel industry. It
               is a question of balancing the  needs
               of industry against the needs of our
               people.
                 I believe we have reached the point
               where  we will look back, a few  years
               from now, and say, "Why did we not
               do  something about this  five  years
               ago?"  This is the time to do  some-
               thing.  The  country needs  it.  This  is
               the time for us to act.
                 I move the adoption of my amend-
               ment.
                 Mr.  STAGGERS. Mr. Chairman,  I
               rise  in opposition to the  amendment.
                 I  shall take only a moment of the
               time  of the committee, because the
               time is late. I hope we will not take
               too much time on these amendments.
                  Under the amendment  offered by
               the gentleman from Rhode Island any
               Secretary, no matter who he is—and
               he might be changed; there has been
               a change  recently—could  take  ar-
               bitrary  actions.  We  think  what  is
               required by  the bill  is in  accordance
               with our  American  way  of  doing
               things. I think  the  amendment  ought
               to be defeated.
                  The CHAIRMAN. The  question is
               on  the  amendment offered  by  the
               gentleman  from Rhode Island  [Mr.
               TIERNAN].
                  The amendment  was rejected.
               AMENDMENT OFFERED BY MR. FARBSTEIN
                  Mr. FARBSTEIN. Mr. Chairman, I

-------
                 STATUTES AND LEGISLATIVE  HISTORY
                                 1479
 offer an amendment, and I ask unani-
 mous  consent that reading  of the
 amendment be waived and that I may
 explain it.

   The  CHAIRMAN.  Is  there ob-
 jection to  the request of  the  gentle-
 man from New York?

   There  was  no  objection.
   The amendment is as  follows:

  Page 46,  insert after line 25 the following:
  "(f)  Section  202  of the  Clean Air  Act is
 amended by  striking out in  suts2ction (b)
 thereof 'prescribed undsr this ssction,'  and in-
 serting in lieu thereof "prescribed  under sub-
 section (a) of this section' and by adding at
 the end thereof the following:
  " *(c) (1)  The Secretary  shall immediately
 commence the testing of motor vehicle engines
 propelled by  any system other  than  the in-
 ternal combustion engine which have emission
 characteristics superior  to the internal com-
 bustion engine. On the basis of such tests, the
 Secretary shall, by regulation prescribe as soon
 as practicable, but not later  than  December
 31,  1971 regulations for the control of automo-
 bile emissions which  in his judgment cause or
 contribute to, or  are  likely to cause or to con-
 tribute to,  air pollution which  endangers the
 health or  welfare of any persons,  and such
 standard shall apply  to such  vehicles or en-
 gines whether they are des'gatn as complete
 systems or incorporate other devices to prevent
 or control such pollution.
  " '(2)  The regulations initially  prescribed
 under  this  subsection shall be applicable (A)
 on and after January 1, 1975, to all new motor
 vehicles propelled by  engines having 375 horse-
 power or more and  to all new motor vehicle
 engines having 375 horsepower or more, (B)
 on and after January 1, 1976, to all such new
 vehicles and engines having 275 horsepower or
 more,  (C) on and after January  1, 1977, to all
 such new  vehicles  and engines  having 175
 horsepower  or more,  and  (D)  on and after
 January 1.  1978, to all new motor vehicles and
 new motor vehicle engines. Amendments to any
 regulations  prescribed  under  this  subsection
shall become  effective  on the  effective date
specified in  the order promulgating  such regu-
lations which date shall be determined by the
 Secretary  after  consideration  of the  period
reasonably  necessary  for  industry   compli-
ance.' "

  Mr. FARBSTEIN.  Mr.  Chairman,
this is  a very simple  amendment.  I
will not take my 5 minutes.

  Mr. STAGGERS. Mr.  Chairman,
 will the gentleman yield to me?
   Mr.  FARBSTEIN.  I yield to  the
gentleman.
   Mr.  STAGGERS.  So we might  get
a time limit on that. I will wait until
the gentleman gets through first.
   Mr. FARBSTEIN. This is the same
amendment I  offered  I think  either
last  year  or  2 years ago when  the
question  of  air  pollution  was  the
local issue in  Los  Angeles.  At that
time I  said  that  the  internal  com-
bustion engine ought to be banned by
1978. Of course, at that time it seem-
ed as though it was an odd-ball amend-
ment, but strange  as  it  may  seem,
it has  caught on. It has caught  on
in the  sense that the people of this
Nation realize that something has to
be done  about  the  pollution that is
killing so many of our citizens.
   What my  amendment seeks  to  do
is  to ban  the internal   combustion
engine  in the  sense  that  the amend-
ment would set auto emission stand-
ards beginning in  1975 on the  basis
of the cleanest of the
                             [p. 19238]

propulsion systems.  Internal  combus-
tion engines  which  cannot meet the
standards would be  phased out first
on the basis  of their power on the
following  timetable:  based  on  sales
of  1969  American  automobiles, the
phaseout  would  have the following
effects:  the automobile engines  with
375  horsepower would be  outlawed in
1975. In other words, you have 5 years
within  which to use up an automobile
that  has  a  375-horsepower  engine.
Less than  5  percent  of the  new-car
sales had this  horsepower,  so  there
will not be very much of  a loss. Sec-
ond, in  1976, 275-horsepower engines
will be  outlawed.  There  you get  35
percent  of your new-car sales. Third,
in 1977,  175-horsepower engines will
be outlawed, and all but 10 percent of
the new-car sales  are those. Then in
1978 there will no longer be permitted
an internal combustion  engine.

-------
1480
LEGAL COMPILATION—Am
  Mr.  Chairman,  I  have  ridden  in
and I know for a fact that there can
be produced other engines  which are
equal to  the internal combustion en-
gine. I have ridden in a steam car out
here 2 blocks away from where I am
standing only a couple of months ago.
I understand that a steam car can be
built to cost no more than the auto-
mobile of a similar type that is mass
produced today costing between $2,800
and  $3,500.
  We have to realize that the  time
has come when  we must plan ahead
in order that  our people will be pro-
tected. It seems to me 8 years is time
enough  for  the automobile industry
to use  its technology in  a fashion
that will no  longer make necessary
the  internal  combustion  engine.  I
think they can do it. The  only thing
that is missing is  the  will  and the
fr.ct that they have  a  large invest-
ment in  the internal combustion en-
gine.
  Mr.  VAN DEERLIN. Mr. Chair-
man, will the  gentleman  yield?
  Mr.  FARBSTEIN. I  yield to the
gentleman.
  Mr.  VAN  DEERLIN.  Mr. Chair-
man, the California  Senate last year
by a vote of 26 to 5  voted favorably
on a bill which  would have outlawed
the internal combustion engine by the
year 1975. That  bill  did not become
law, but it  reflected  the  sentiment
of the people  of California  and the
concern  for   what   is   happening
through  the  use of  an  engine that
cannot  avoid  emitting  pollutants.
  Mr.  Chairman, I want the gentle-
man from New York to  know that
this was  a branch of our State govern-
ment what  was not only a rather
conservative body, but which had and
still  has  a majority of Republicans.
  Mr. PARBSTEIN. I thank the gen-
tleman for his remarks,
  Mr.  Chairman, I know that the  in-
ternal combustion engine is inherently
deadly,  dirty,  and cannot  be cleaned
               up. The only thing we can  do to save
               the lives of  our people is by adopting
               this amendment.
                 The amendment would establish au-
               tomotive  emission  standards  begin-
               ning  with the  1975  model, based on
               what  the  cleanest feasible  propulsion
               system can  achieve.
                 The amendment is  premised on the
               belief that  the  quality of  the air
               should be determined on the basis of
               the best  available  technology, even
               if  that  means  moving away  from
               technology currently  in general use.
                 The internal combustion engine  is
               inherently a high  polluting  system.
               The theory of current  antipollution
               technology is that add-on devices and
               mechanical  adjustments in  the en-
               gine  can filter  or  catalytically  re-
               move the harmful pollutants produced
               by  the  internal combustion engine.
                 In  the  last 3  years the  American
               public has spent  a billion  and a half
               dollars buying devices and mechanisms
               to  control  the   internal   combustion
               engine;   and yet learned  this year
               that up to 80 percent oi those devices
               fail after only a few thousand miles
               of  normal driving.
                 More importantly  the quantity  of
               automotive  poisons entering  our  at-
               mosphere is rising at  a dramatic pace.
                 Most  important of all, health, im-
               pairment of property and vegetative
               damage due to air pollution is on the
               climb. In my own city of  New York
               death rates  from  emphysema have in-
               creased by  over  500  percent  in the
               last  10  years; deaths from  chronic
               and acute bronchitis  have increased
               by 300 percent; lung cancer and heart
                disease are at  an all time high.
                  The last  3 years'  experience indi-
               cates that  the  internal  combustion
               engine is, by nature,  dirty. Moreover,
               every auto  expert  not indentured  to
               the auto industry agrees that the in-
               ternal  combustion  engine could  be
               cleaned up  only at  unacceptable costs

-------
                STATUTES AND LEGISLATIVE HISTORY
                               1481
and then only up to the approximate
level of the administration's proposed
standards for 1975  models.
  But with the increase in the number
of automobiles on the highways, these
standards  will be sadly deficient by
the end of this decade. The only really
economically feasible method of clean-
ing up  auto  pollution  once  and for
all  is to ban the internal combustion
engine or to insist  that Detroit meet
the rigorous standards  of other non-
conventional modes  of propulsion.
  I have personally driven in a sleek,
modern, efficient, and fast steam car,
employing the Rankin system.
  I  have  also  personally  observed
vehicles powered by gas turbine en-
gines. Both the steam car and the gas
turbine work,  and  work well. You
have not only my word  as to this but
the word of governmental studies like
the  Morse  panel,  the  Battelle  Me-
morial  Institute,  the  Senate   Com-
merce Committee, and the  California
Assembly which confirm what  I  saw
with my own eyes.
  The  question  now is whether De-
troit will abandon its present obsolete
and environmentally destructive tech-
nology and give the American people
the best that 20th century science and
engineering can  offer.
  Mr. BELL of California. Mr. Chair-
man, I  rise in favor of the amendment
offered  by  the gentleman from New
York.
  My Los Angeles constituents' aware
ness of  the dangers  of  automotive
pollution—smog—is exceeded by none.
  They suffer  from it daily.
  Thanks to  the progressive  action
of local Los Angeles and California
State government  some  years ago,
pollution in our area caused by sta-
tionary sources has been  virtually
eliminated,  as my  good friend  Con-
gressman REES has said.
  At the time these ordinances  were
enacted, many claimed that they were
too  drastic.  Too unreasonable. That
they would cause inordinate expense.
   These naysayers were proved wrong
and I am proud that residents of my
area exercised the  courage of their
convictions.
   Today   we  are   considering  an
amendment against which  the same
charges will be leveled.
   The health crisis  caused by automo-
tive pollution again demands so-called
"drastic"  measures.
   This  time, however, we  cannot de-
pend on local administrative remedies.
   We are  forced to turn to national
policies to stimulate answers to what
is increasingly a national  problem.
   Ninety  percent of the smog  in Los
Angeles is caused by automotive pol-
lutants.
   Sixty percent of  all smog  in  the
Nation  stems from  the same source.
   We have all been hopeful that the
automobile industry would  itself un-
dertake  to remedy  the   danger to
health and life brought about  by the
products of the internal combustion
engine.
   And to  some extent they  are doing
this,  and  for  these efforts I com-
mend them.
   We are  also aware, however,  that
there can be degrees of commitment.
A commitment can  be  wholehearted,
as in our  successful  moon landing, or
it can  halfheartedly limp along with
too much rhetoric and too little  action.
   I  am confident that  some day, if
we waited long enough,  Detroit would
inevitably build clean cars.
   But  can  we  afford  to  wait  that
long?
   Is there not some way we can speed
up the  process,  enhance the commit-
ment?  It  is like Chairman STAGGERS
has  said:  In quoting the late  Presi-
dent Kennedy about  a  moon landing
in  this decade.  He points up  the
same point inadvertently that I  am
making. Sometimes it is better to set

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1482
LEGAL  COMPILATION—AIR
a goal and  force the kind of action
that will meet it.
  We cannot legislate with the stroke
of a pen an instant pollution-free en-
gine.  But we can legislate  the  com-
mitment incentive that is presently
lacking.
  The pending  amendment would  do
just that.
  This amendment would provide  us
with a positive, rational approach to
a critical  problem.
  It would not automatically outlaw
the internal combustion engine.
  On  the contrary, it is possible that
through fuel research and other  tech-
nological  developments the  internal
combustion engine can be made liv-
able.
  It is also possible,  however,  that
the solution  will lie in  a new  pro-
pulsion system  such  as   a  revised
steam  or  turbine engine.
  My constituents do  not care  what
we  call it, or how it works.
  They do care that it will provide
the transportation   required in  our
society today  while  simultaneously
sparing their environment and health
the kind of  devastation we  are now
witnessing.
  Mr.   Chairman,   I  am  certainly
aware
                          [p. 19239]
that the urgency felt by the residents
of Los Angeles and  New York is not
shared  by those who are  presently
being  spared the suffocating stench
of smog.
  They can  argue  that  automotive
pollution is not their problem.
  But I call on  my colleagues  from
such  areas  to  contemplate the  long-
run inevitability that  without action
now, they, too, will ultimately have to
face the same problems.
  If we can cooperate today, we can
ensure early relief for citizens such as
I represent,  while guaranteeing that
               those not now burdened by dangerous
               pollution need never fear it.
                 There  is no need to wait another
               10 or 15 years.
                 We can act now by approving the
               pending  amendment and  I strongly
               urge that we do  so.
                 Mr. STAGGERS. Mr. Chairman, I
               move to strike the last word.
                 Mr. Chairman, I rise in opposition
               to the amendment.
                 Mr.  Chairman,   I  would  like  at
               this time to  see if we could arrive
               at a time limitation on the considera-
               tion of this bill because some Members
               of this  body have other  obligations.
               Therefore, I wonder if we could reach
               a decision to vote  on this  amendment
               and all  other amendments to the bill
               by 6:30 p.m.? I  do not feel  that that
               would be cutting off unduly the time
               of anyone.  I would like to do this in
               order to get the  bill passed this even-
               ing.
                 Therefore,  Mr.   Chairman, I  ask
               unanimous consent that  we vote on
               this amendment  and all other amend-
               ments thereto and vote on the bill at
               6:30.
                 The CHAIRMAN. The gentleman's
               request  is that debate on all amend-
               ments close at 6:30?
                 Mr.  STAGGERS.  That  is right;
               and vote on the  bill.
                 Therefore, Mr.   Chairman, I  ask
               unanimous consent that all debate on
               this amendment and all  amendments
               to the bill conclude at 6:30.
                 The   CHAIRMAN.  Is   there  ob-
               jection to the request of  the gentle-
               man from  West Virginia?
                 There was no objection.
                 The CHAIRMAN. The Chair recog-
               nizes the gentleman from West Vir-
               ginia.
                 Mr.  STAGGERS.  Mr.   Chairman,
               I will  only take  one^half minute of
               that time right now.
                 Mr. Chairman, I rise in opposition
               to the amendment just  proposed to

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                 STATUTES AND  LEGISLATIVE  HISTORY
                               1483
the  House for  the  reason that  this
just  is  not  possible.  It  is  not  a
feasible  amendment  to  say that we
are going to do this  at a certain time.
The experts say we  can have a clean
internal  combustion engine and we
expect to  hold  them to  their  state-
ments. We can  take another look at
this when  this  law   comes again be-
fore Congress 3  years from now. If
progress has not been made by that
time, we can  take the necessary ac-
tion which will be required.
  The CHAIRMAN. The  question is
on the amendment offered  by the gen-
tleman from New  York   [Mr. FARB-
STEIN].
  The amendment was rejected.

AMENDMENT OFFERED BY  MR. KLEPPE

  Mr. KLEPPE. Mr. Chairman,  I
offer an  amendment.
  The Clerk read as follows:

  Amendment offered by  Mr. KLEPPE : On  page
49, line 10, strike out the  quotation maik.
  Page 49, insert after line 10 the following:
  "(i) The Secretary is  authorized to conduct
as soon as practicable a  full investigtaion and
study  (including, if appropriate, a pilot or
demonstration pioject)   respecting the  feasi-
bility of combining gasoline with alcohol made
from grain,  in ordei to produce a cleanei
bui ning motor vehicle fuel, thereby reducing
both air pollution  and grain surpluses."

  Mr. STAGGERS. Mr.   Chairman,
I reserve  a  point   of  order  against
the amendment offered by the gentle-
man   from   North  Dakota    [Mr.
KLEPPE], but I  will not raise  the
point of order  until the  gentleman
has  spoken and has given his views.
  The CHAIRMAN. The gentleman
from  West Virginia reserves a point
of order  on the  amendment.
  Mr.  KLEPPE. Mr. Chairman,  I
want to  take a very  brief moment
to discuss  this amendment. We have
been  talking  about   fuels  all  after-
noon in  this debate,  and  this amend-
ment  deals with  fuels  also. There is
nothing  new  about  this  proposal. It
is  very self-explanatory.  It is  some-
thing that has been under  considera-
tion for  many years. As  a  matter of
fact, during the Eisenhower adminis-
tration   there  was  a  congressional
commission appointed  to  study  this
question, and  the only reason nothing
was done  was  because of  the  cost
involved.
  To make alcohol out of grain and to
blend it with gasoline to reduce pollu-
tion in  the air from  automobiles is
something  that works, but it is more
costly  than  to make  alcohol  from
ethylene, which is a petroleum prod-
uct.
  The  point  I  want  to make,  Mr.
Chairman, is  that  there  are  some
offsetting  costs involved  when  you
use  grain  as  a raw material.  The
offsetting costs  are  that we have  a
surplus  of grain today, and we could
reduce the cost  to the taxpayers  and
our Federal Government if we would
utilize  more  grain  to  make alcohol
to blend  with  the gasoline.
  Mr.  STAGGERS.  Mr.  Chairman,
will the  gentlemen  yield?
  Mr.  KLEPPE.  Mr.  Chairman,  I
yield  to  the  gentleman  from  West
Virginia.
  Mr. STAGGERS.  Mr. Chairman, I
agree  with  the  objectives  of  the
amendment offered by  my  colleague,
the gentleman  from North  Dakota.
I wish to say that the Secretary al-
ready has the needed authority—I  will
not take  time  to read the language—
but it is under section 104, subsections
1 and 3  of that, that gives him  the
authority already. We  will  urge  the
Secretary to proceed along these lines.
I think  it is  a worthy  objective,  and
that he should be doing this kind of
research.
  Mr.  KLEPPE.  Mr.  Chairman,  I
thank  the gentleman  for  his com-
ments.

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1484
LEGAL  COMPILATION—Am
  Mr.  SPRINGER. Mr.  Chairman,
will the gentleman  yield?
  Mr. KLEPPE. I am  happy to yield
to the gentleman from Illinois.
  Mr.  SPRINGER. Mr.  Chairman,
may I say that I want  to commend
the gentleman from North Dakota
[Mr. KLEPPE], for  his excellence in
the pursuit of this subject of making
alcohol from grain to blend with gas-
oline.
  I too recall—because  I was here
during the Eisenhower administration
—when this commission to study this
matter was  set  up. Again I want to
commend  the  gentleman for  bring-
ing this matter  to  the  attention of
the committee, and  I  certainly wish
to assume the gentleman that we will
do all that we can to assure that this
very  important  subject which the
gentleman has raised will be studied.
   Mr.   SEBELIUS. Mr.  Chairman,
will the gentleman yield?
   Mr. KLEPPE. I yield to the gentle-
man from Kansas.
   Mr.  SEBELIUS. Mr.  Chairman, I
thank the gentleman for yielding-, and
I would like to associate  myself with
the remarks  made  by the gentleman
from  North Dakota.
   Mr.  Chairman, this  legislation to
amend the Clean Air Act would be
a positive step by Congress to protect
the quality of our environment.
   H.R.  17255  would extend the dura-
tion of this act,  provide  for national
 standards of air  quality,  expedite
enforcement  of air pollution control
standards,  authorize  regulation of
fuels and fuel additives, provide for
improved controls over motor  vehicle
emissions and establish standards for
dangerous emission from stationary
sources.
   Regarding  this  obviously  needed
legislation,  I  am  particularly  in-
terested in the amendment introduced
by my good friend and colleague, the
 Honorable TOM  KLEPPE, from North
               Dakota. The gentleman  from North
               Dakota's  amendment would provide
               for an urgently needed study  and
               pilot  program  in the use  of  grain
               alcohol as an additive to gasoline to
               eliminate  tetraethyl  lead pollution of
               the atmosphere.
                 For some time now, it has become
               obvious air  pollution from tetraethyl
               lead now used in gasoline as an anti-
               knock  additive  is a most serious pol-
               lution  problem. Leading scientists ac-
               ross the  Nation have warned of the
               serious dangers  from  possible  lead
               poisoning. There is  reason to believe
               this proposed pilot  study could  pro-
               vide us with a reasonable answer to
               this problem through the use of grain
               alcohol.
                 Using grain  alcohol as a substitute
               for lead  would have many obvious
               side benefits.  Not only  could we re-
               duce   dangerous  pollution,  but  we
               could   provide  a  tremendous  grain
               market and thereby reduce the farm
               surplus and the  farm program  cost.
               We could also  provide a high protein
               grain residue for low-cost health food
               and livestock needs as well. The social
               impact of  this  research  has  far-
               reaching  implications.
                  Since  the cost feasibility of this
               proposal has been  questioned, I feel
               a full investigation and study, includ-
               ing a pilot or demonstration project
               in  the wheat  belt,  should  be  imple-
               mented as soon as possible.
                  Mr. KLEPPE. Mr. Chairman, with
               the assurances of the gentleman from
               West  Virginia  [Mr.  STAGGERS],  I
               ask unanimous consent  that I  may
               be permitted to withdraw my amend-
               ment.
                  The  CHAIRMAN. Is  there  ob-
               jection to the  request of the gentle-
               man  from North Dakota?
                  There was no objection.
                                          [p. 19240]

                  Mr.  MELCHER.  Mr.  Chairman,

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                STATUTES AND LEGISLATIVE  HISTORY
                               1485
will the gentleman yield?
  Mr.  KLEPPE.  I  yield to the gen-
tleman from Montana.
  Mr.  MELCHER.  Mr. Chairman, I
•want to commend  the gentleman from
North  Dakota for his very fine ex-
planation of  the  possibilities  of the
utilization  of our  grain  resources,
and I  want to join with  the  gentle-
man in his  efforts.  Not  only would
this  help control  pollution but  also
promote a broad market for grains.
  Mr.  KLEPPE.  I thank  the  gentle-
man.

AMENDMENT OFFERED BY MR. HECHLER
          OF WEST VIRGINIA

  Mr.  HECHLER of West Virginia.
Mr.  Chairman, I offer  an  amend-
ment.
  The  Clerk read  as follows:

  Amendment   offered by Mr.  HECHLER  of
West Virginia: on page 54, line 12, strike out
$75,000,000  and  insert $750,000,000;  on page
54, line 13, strike out $100,000,000 and insert
$1,000,000,000."
  On page 54,  line 14, strike out "$125,000,000"
and insert $1,250,000,000".
  On page 54,  lines  18 and 19, strike out
"$125,000,000" and insert "$1,250,000,000".
  On page 54,  lines 19 and 20, strike out
"$150,000,000" and insert "$1,500,000,000".
  On page 54,  line 21, strike out "$200,000,000"
and insert "$2,000,000,000".

  The CHAIRMAN.  The  gentleman
from  West  Virginia  (Mr. HECHLER)
is recognized for  2 minutes.
  Mr.  HECHLER of West Virginia.
Mr. Chairman, the current legislation
that we  are considering  authorizes
only a total of   $200 million in the
fiscal year 1971. My amendment would
enable the  expenditure  of ten  times
that  amount and  ten   times the
amounts  authorized  for   subsequent
fiscal years.
  What will $200 million buy? I have
checked   with  the  Department   of
Defense   and find that $200  million
will  buy  one,  only  one  Poseidon
nuclear  submarine now  under  con-
struction. Is not human life on this
planet worth  more  than one nuclear
submarine? Air pollution threatens
the very existence of human  life on
this planet.
  How  many Members on  the floor
if faced with the  choice  in  1961 of
whether they  would  prefer  to  invest
$30 billion to go  to the moon or to
make life  livable for  human beings
on this planet by eliminating air pollu-
tion, would not  have chosen to elimi-
nate  air  pollution?  We  have  the
chance to eliminate air pollution if we
have the will to undertake it.
  We have the opportunity to make a
bold stroke to achieve a genuine clean-
ing up of the air. Air pollution is cost-
ing the American public conservatively
$11  billion, and more  probably $15
billion a year. This  does  not include
the impairment  to health and medical
payments and loss of productivity or
damage  to  architectural buildings. I
see by the evening paper that the Lin-
coln Memorial is threatened by air pol-
lution. Our forests are  threatened by
air pollution. Our crops are threatened.
But more important, human beings and
their  health are seriously threatened.
  Here is an opportunity for the Con-
gress to authorize sufficient funds to
solve the problem. These funds will be
expended,  I am assured by S. Smith
Griswold,  former   director  of the
National   Air    Pollution   Control
Administration, for the  purpose of
strengthening   the   State   agencies
which have the primary responsibility
under the  new legislation.
  The States  and not the regions will
be the entities which will enforce the
Secretary's standards. The Secretary
will  promulgate ambient air  stand-
ards. Ambient air standards are used
under the Air Quality Act of 1967 and
the problem has been that the States
where regions have been designated
very often do not have the manpower
or ability to come up with implemen-
        526-703 O - 73 - 21

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1486
LEGAL COMPILATION—AIR
tation plans. In other words, they do
not know  how  to translate  ambient
air standards into emission standards.
The inadequately staffed, inadequately
equipped  State air pollution control
programs do not have the resources to
evaluate their air pollution problems
nor the means to resolve these  prob-
lems. Increased  funding is not always
the answer, but in this  case adequate
Federal  support is sorely needed  to
beef up  the  State programs.
  I would say that less than 10 States
out of the 50 have adequate pollution
control agencies today, and even these
are   hard   pressed  for  adequate
financial support.
  While I am talking about this ques-
tion of State responsibility under the
pending proposed legislation, I would
like to  point out that  the legislation
we are considering does  not provide
any authority  for the  Secretary  of
Health,  Education, and  Welfare  to
establish  a  maximum   period within
which   each  State  must  meet  the
national air  quality standards. The
bill  does  not  authorize  HEW  to
enforce the  national standard or the
plan except  where the  State fails "to
take responsible action  to enforce the
plan." It is absolutely  unclear what
"reasonable action" means.
  Additional financing might not pre-
vent these long, drawn-out delays, and
I  am pleased  that the  authors  feels
that the injunctive process can  help.
Yet the Secretary of Health, Educa-
tion, and Welfare will only be able to
enjoin those who emit  pollutants for
which standards and a  plan  has been
developed.
   I am  disturbed that  the Secretary
cannot issue standards  until criteria
reports  have  been  published.  The
NAPCA has identified between 30 and
50 pollutants, but has only published
criteria for five since  1967. A  crash
program,   utilizing   the  additional
funds  which  I   would  authorize
                through my amendment, would enable
                the publication  of criteria for  these
                additional pollutants,  as well as  de-
                velopment of the  technology to  abate
                this pollution.
                  We really ought to  directly control
                emissions  from  larger  plants  by
                setting   national   emission   control
                levels, not ambient levels, and let  the
                States  in the  first  instance  try  to
                enforce Federal  emission standards. If
                this does not work out in a particular
                State, then  the Secretary can  move
                much more  quickly  than he  would
                under  the  proposed  legislation.   If
                emission  controls  are set for a new
                facility,  we really ought  not  to dis-
                criminate, but should set them for all
                facilities above a certain  size.
                  Another aspect  of this proposed  bill
                which  disturbs  me are the  clauses
                contained on pages 33 and 36 which
                relate to technological and economic
                feasibility.  For  example,  page  33  of
                the bill refers  to a suit in the U.S.
                district court by the Attorney General
                to secure abatement of  the pollution.
                There follows this sentence:
                  The court, giving due consideration  to the
                practicability  and  to  the technological  and
                economic  feasibility of complying with  pro-
                visions of  the plan established to implement
                such standards, shall have jurisdiction to enter
                such  judgment and  orders  enforcing such
                judgment as the public interest and equities
                may require.
                  And on page 36, the bill states:
                  The Secretary shall from time to time by
                regulation, giving appropriate consideration to
                technological and  economic feasibility, estab-
                lish standards  with respect to such emissions.
                  Now I do not understand why these
                phrases  are necessary. Obviously  the
                Secretary will  take such factors into
                consideration  where  necessary,  but
                keeping uppermost the public interest.
                To write these phrases into legislation
                emphasizes  their importance  above
                and  beyond the  public  interest.  I
                doubt whether Columbus would have
                succeeded had Queen Isabella stressed

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                  STATUTES AND  LEGISLATIVE HISTORY
                                   1487
practicability, technological, and eco-
nomic feasibility. Certainly it was not
technologically  or  otherwise feasible
to go to the moon in 1961. If Jefferson
had placed these factors uppermost he
never would have allowed Lewis and
Clark to embark on  their expedition.
We have  long since  passed  the point
where  we  should allow  polluters  to
plead that  their  economic interests
are being threatened by having clean
air. I believe the following letter puts
the issue  of economics  into a little
clearer  perspective:

                     PRATT, W. VA.,
                          April SO, 1970.
Hon. KEN HECHLER,
House of  Representatives,
Washington,  D.C.
  DEAR  SIR :  The  residents  of  the  Upper
Kanawha Valley are  facing  the  problem of
air  pollution, which in the Montgomery, West
Virginia, area, has assumed absurd proportions.
  There are  several  reasons why  I say this.
First is the obvious financial burden it places
on  home  owners in the area. It is necessary
to repaint at least every other  year due to
the  large quantities  of grit,  spot and flyash
forever present in  the air.  Second, there  is
the  mental  and spiritual  depression  brought
on by the continuous, ever increasing blanket
of  smog  which covers our  beautiful  moun-
tains  and threatens  to  obliterate the  sun.
Finally and most important, is  the effects of
this  blanket  of gloom  on the health  of the
citizen  victims  who  must live  and  work in
the  area.  It is a rare person, indeed, who does
not  suffer sinus and bronchial irritations from
breathing this stinking, malodorous air.  After
all,  we haven't much  choice but to  breathe
this so-called air, have we?
  The source of these abysmal conditions ? The
Union  Carbide  Metals  plant  at  Alloy,  West
Virginia.
  According  to  the  public relations  depart-
ment of Union  Carbide, it will be at least five
or six  more  years before we are allowed to
breathe in safety. I find  this six year esti-
mate hard to believe, though; since,  for the
past 35-years, Union Carbide has been promis-
ing  that  "within five or  six years" they will
have the  problem solved.  I have begun to get
the  impression  that by "solving the problem"
they mean to wipe out the entire

                              [p. 19241]

population of the  Montgomery  area,  and by
doing so will  have no  need to curb their
destruction of nature.
  In fact,  Union Carbide seems to have  very
little concern for its employees either. Among
the employees with  whom  I  am  acquainted,
my father included,  not  one  is entirely  free
from emphysema, bronchitis, and other respira-
tory diseases.  I  think their plight is similar
to the coal miners who are victims of "black-
lung."
  The reason  nothing  has been  done about
these toxic conditions eludes me. There is no
valid excuse which can  be offered by Union
Carbide; they  are financially as well as tech-
nically capable of putting an end to the health
hazard  of  air pollution  around Montgomery.
I sincerely  feel and hope that something can be
done to force  Union  Carbide to stop  the
pollution. The  citizens of  the Upper Kanawha
Valley put their  lives in  your capable hands,
Mr. Hechler.
     Very truly yours,
                    EDGAR F. SCALES, Jr.

   We have  made some bold decisions
in this  Congress to increase the recom-
mendation of a paltry $214 million in
the President's budget for waste treat-
ment   plants   and   water  pollution
control to $1  billion. I therefore  feel
that we  should take  similar action in
the area of air pollution control,  and
initiate a meaningful  program such
as outlined  in my amendment.
   Right now  we are  losing the battle
to  control  air pollution.
   The  air   is  getting   dirtier   and
dirtier.
   The high-sounding titles of the  two
basic pieces of legislation which Con-
gress has passed: the "Clean Air Act"
of 1963 and the "Air Quality Act" of
1967 have not lived  up to their titles.
   The Nation is far ahead of the Con-
gress  in  demanding  clean  air,   and
tough regulations with teeth in them
to  enforce the law.
   Now  we  have a  chance   to move
forward  boldly and  launch an  all-out
fight against air pollution. I hope that
my amendment will  receive  support.
For the future of the human race, we
can afford to spend more than the  cost
of one  nuclear submarine to preserve
human life  on the planet earth.
   The  CHAIRMAN. The question is
on  the  amendment   offered by  the

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1488
LEGAL COMPILATION—AIR
gentleman from West Virginia  (Mr.
HECHLER) .
  The amendment  was  rejected.

 AMENDMENT OFFERED BY MR. BUTTON

  Mr. BUTTON.  Mr.  Chairman,  I
offer  an amendment.
  The Clerk read as follows:

  Amendment offered by Mr. BUTTON: Page
46, insert after line 25 the  following:
  "(f)  Title  II  of the  Clean  Air Act  is
amended by inserting after  section  212  the
following new section:

          " 'STATUTORY STANDARDS

  " 'SEC. 213.  (a)  Notwithstanding any other
provision of this title, the  maximum level  of
emission from any new motor vehicle or new
motor  vehicle  engine, expressed in grams per
mile,  with  respect  to reactive hydrocarbons,
carbon monoxide, and oxides of nitrogen shall
be as  follows: Reactive hydrocarbons—2.2  for
1971,   1.5  for 1972, 1973  and 1974;  carbon
monoxide—23.0 for 1971 through  1974 ;  oxides
of nitrogen—4.0 for 1971,  3.0 for 1972 and
1973,  and 1.3 for 1974.  For  the years after
1974,  such  levels shall be  determined by  the
Secretary  in  accordance with this title but
such levels  shall not exceed those established
herein  for 1974.
  "'(b) Nothing in this section shall be con-
strued  to prohibit the Secretary  from  estab-
lishing for  any  year with  respect to reactive
hydrocarbons,  carbon monoxide, and oxides  of
nitrogen, emission standards establishing lower
levels of emission than those  provided in this
section.' "

  The CHAIRMAN.   The  gentleman
from   New York  (Mr.  BUTTON)   is
recognized for 2 minutes.
  Mr.  BUTTON.   Mr.  Chairman,
this amendment seeks  the same goals
as the amendment proposed by the
gentleman  from  Pennsylvania   (Mr.
SAYLOR   but   it  uses  a   different
avenue.
  I believe  it meets  the  objections of
the gentleman  from   Michigan  (Mr.
DINGELL) and some of the others who
feel that  there should  not be a patch-
work  of  different  regulations  among
the States.
  This would move up by 5 years the
period of time when there would  be
                standards  set  nationwide—and move
                it  up from 1975.
                  The Federal standards under the
                provisions  of this bill will match those
                projected for California by  1975 but
                meanwhile  the  rest of  the  Nation
                must suffer  from inadequate  control
                standards.
                  This   amendment  will  begin  the
                process of  cleaning up the air 5 years
                earlier, which  time has been lost and
                we cannot afford to lose much more
                time.
                  Mr. Chairman,  I move the adoption
                of the amendment.
                  Mr. GUDE. Mr. Chairman, I  rise
                in  support of the  gentleman from
                New York's amendment and commend
                him for his concern with reducing the
                harm from the principal source of air
                pollution,  the  internal  combustion
                engine. Although  this bill, H.R. 17255,
                as reported from  committee, will sub-
                stantially  strengthen our efforts to
                curb air pollution, it was weakened in
                committee  from the administration's
                initial recommendations  to  alleviate
                pollution from the automobile.
                  The Public  Health  Service states
                that the automobile is responsible for
                60 percent of  all air pollution in the
                United  States  and  is costing  Ameri-
                cans $30 billion annually. Here in the
                Washington   metropolitan  area  we
                have  a  particular problem with the
                automobile. It is  astonishing to note
                that  the  61  square miles  that  the
                District  encloses has the highest autD
                density  in the  entire  country,  and
                traffic is constantly increasing.  This
                year the District is approaching 5,000
                cars  per square  mile.  Therefore, to
                the extent in  fighting  air  pollution
                nationally  and  in  the  Washington
                metropolitan area, we note that auto-
                mobiles are a prime  target.
                  Our goal must  be the attainment
                of pollutant free vehicles as a  com-
                plete  substitute for our present types
                in the  shortest  period  of time.  We

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                STATUTES AND LEGISLATIVE  HISTORY
                              1489
must not flag in our efforts to achieve
this end. The diseases scientists associ-
ate with  air pollution  are definitely
on  the  upswing.  Emphysema,  for
example,  an ailment which  perma-
nently destroys  sections of the  lung,
had  a  rate  in 1950  of  less than two
deaths per 100,000 while in  1966 the
rate increased to more than 12 deaths
per 100,000.
  Although it is difficult to pinpoint a
specific pollutant as  causing a specific
disease, scientists assure us that we
can  not only look for  a decrease in
emphysema but also for a  real  im-
provement in man's general health
and  welfare with the removal of all
filth from the air  regardless of its
origin.
  Therefore, while  we are  making
some progress against air pollution in
Washington—we have  had a 46-per-
cent reduction in oxides of sulfur and
a cessation of most open burning—we
must in no way slacken our efforts.
For this  reason I urge the adoption
of this amendment as well as the other
amendments which  are  being offered
which  would restore the requirements
of H.R. 17255  to  the more stringent
levels recommended by the administra-
tion.
  Mr.  STAGGERS.  Mr. Chairman, I
rise in opposition to the amendment. I
think it unwise at this time to legislate
in this way.  The  subcommittee  and
the  full  committee  considered  these
and all other approaches. We hope we
can do much better than the standards
that would  be set by the amendment.
  The CHAIRMAN. The question is
on   the  amendment offered  by  the
gentleman  from  New  York   (Mr.
BUTTON).
  The amendment was  rejected.
  The CHAIRMAN. The Chair recog-
nizes the gentleman from New York
 (Mr. RYAN).
   (By  unanimous consent, Mr.  KOCH
yielded his  time to Mr. RYAN.)
  AMENDMENT OFFERED BY MR. RYAN

  Mr. RYAN. Mr. Chairman, I offer
an amendment.
  The Clerk read  as follows:
  Amendment offered by Mr. RYAN: On page
36, line 4, strike out "and economic feasibility"
and on page 37, line 3 and 4, strike out "and
economic feasibility".

   Mr.  RYAN.  Mr.   Chairman,  the
purpose of the amendment is to strike
from the  new  section  112,  which
empowers the Secretary  to  establish
Federal  emission  standards for new
stationary  sources,  the  requirement
that the Secretary give  appropriate
consideration  to  the  economic  feasi-
bility of  proposed  emission standards.
In both section 112(a) on page 36 and
section  112 (b) (2) on page 37  the
bill refers to "economic feasibility." I
believe that the threat to  our environ-
ment is so great that, as a matter of
public  policy,  industry  should   be
required  to use  the  most  advanced
technology regardless of whether  or
not  a particular  industry finds  it
economically  feasible.  I fear that the
language of  the  bill as   presently
written,  will  encourage  industry  to
say, "This will cost too much and we
can't do  it." The only way to achieve
clean air is to set the standards and
require  compliance.
   For  example, in  New York City,
before the city of New York required
Consolidated  Edison  to reduce  the
sulfur content of  its fuel, the utility
said it was simply impossible, that it
would cost too much. But when faced
with a deadline, it not  only met the
standard but did so a year sooner than
required. It did cut down the sulfur
content of its fuel. Although the cost
was some  $15 million a year,  when
prorated among all the users, it came
out  to   something like  14 cents  a
month  for  the   average residential
user of  electricity.

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1490
                     LEGAL  COMPILATION—AIR
be
I do not think the Secretary should

                        [p. 19242]
put  in  the position  of determining
economic feasibility. Experience shows
that industry  will not reveal its cost
figures to him. Similar provisions have
been adopted  in  various  State  laws,
and  State control agencies have time
and  again  run into difficulty because
they cannot  obtain  the cost  factors
and  other  information.  Then  they
wind up in court litigating the  ques-
tion  of economic feasibility.
  The task of the Secretary should be
to set standards strict enough to con-
trol  and eliminate air  pollution. His
hands should not be tied.
  I urge support for this  amendment.
  The  CHAIRMAN.  The question is
on  the  amendment  offered  by  the
gentleman  from  New  York  (Mr.
RYAN).
  The  amendment was rejected.

  AMENDMENT OFFERED BY MR. RYAN

  Mr. RYAN. Mr. Chairman, I offer
an amendment.
  The  Clerk read as follows:

  Amendment offered by Mr. RYAN: On page
36, lines  1 and 2, strike out "substantially to
endangerment of the public health or wel-
fare" and insert in  lieu thereof  "to the de-
terioration of the Quality of environment".

  Mr.   RYAN.  Mr.  Chairman and
members  of   the  Committee,  this
amendment also  applies  to the new
section  112, which make possible Fed-
eral emission  standards for new sta-
tionary  sources.  Under the provision
as  proposed  by  the committee,  the
source must contribute "substantially
to  the  endangerment  of the public
health   or  welfare."  My  proposed
substitute language would require that
the  source contribute "to the  deterio-
ration of the quality of the environ-
ment."
  I think this is a  very important
distinction.  Our  concern  should be
whether or not the pollutant, which is
to be controlled,  does, in fact, affect
and cause deterioration of the environ-
ment. To impose on the Secretary the
burden of determining whether pollut-
ants endanger public health and  wel-
fare  reverses  the  place where the
burden should be. The burden should
be upon the polluter to establish  that
he does not contribute to the deteriora-
tion  of the environment.
  The test  for  setting standards
should be  environmental deteriora-
tion.
  Section 112(b)  (1)  imposes  an  "ex-
tremely hazardous to health test" for
an absolute prohibition  on construc-
tion  and operation. That restriction
should be more than sufficient in terms
of requiring a health danger. If we
are to achieve clean air  and  save our
environment, then we must not unduly
restrict the Secretary.
  I  urge  support  for  this  amend-
ment.
  Mr. STAGGERS. Mr. Chairman,  I
rise  in opposition to the amendment.
I might say this is taken  care of in the
State plans and certainly  it is not
needed in  this bill.  The amendment
should be defeated.
  The CHAIRMAN. The question  is
on  the  amendment  offered  by the
gentleman   from  New   York   (Mr.
RYAN).
  The amendment  was rejected.
  The CHAIRMAN. The Chair recog-
nizes the gentleman  from California
(Mr. VAN DEERLIN).
  Mr. VAN DEERLIN. Mr. Chair-
man, the  committee has been  most
patient. I am happy to yield back the
balance of my time.
  The CHAIRMAN. The Chair recog-
nizes the   gentleman from  Florida
(Mr. ROGERS).
  Mr. ROGERS  of  Florida.  Mr.
Chairman, I urge the passage of this

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                STATUTES AND LEGISLATIVE HISTORY
                              1491
bill.  It  will  clean  up  the  air in
America.
  The CHAIRMAN. The Chair recog-
nizes the gentleman from  Michigan
(Mr. DINGELL).
   (By unanimous consent,  Mr. DIN-
GELL yielded his time to Mr. STAG-
GERS.)
  The CHAIRMAN. The Chair recog-
nizes the gentleman  from Texas (Mr.
ECKHARDT).
  Mr.  ECKHARDT. Mr.  Chairman,
I ask unanimous consent to yield my
time to  the distinguished chairman of
the full committee.
  The CHAIRMAN. Is there objection
to the request of the gentleman from
Texas?
  Mr. ROSENTHAL.  Mr.  Chairman,
reserving the right to object,  there
has  been a  serious time limitation.  I
had  no amendment to offer,  but many
others have been precluded from offer-
ing an amendment by the serious time
limitation.   Is   there  some  special
reason  why the  gentleman  wants to
yield the additional time to  the chair-
man of the committee?
  Further   reserving  the  right to
object,  Mr.  Chairman, are  there any
other members of the  committee who
plan to engage in this same  type
of operation?
  I object, Mr. Chairman.
   The  CHAIRMAN.  Objection  is
heard.
  Mr. ECKHARDT. Mr. Chairman,  I
wish to use  my time.
   Mr. Chairman, I merely would offer
my  time to anybody who  had some-
thing to say and who could say it in
that period  of time, so it is really up
for  grabs,  except  that  I  was quite
sure the chairman could use it.
   The CHAIRMAN. The Chair recog-
nizes  the   gentleman  from  Illinois
 (Mr. SPRINGER).
   Mr.  SPRINGER.  Mr. Chairman,  I
think this bill has been well stated.  I
think everybody has had his say on it,
and  in view of  the  way in which it
has been received, I hope this bill will
pass.
  The CHAIRMAN. The Chair recog-
nizes the gentleman from  West  Vir-
ginia (Mr.  STAGGERS),  the chairman
of the committee.
  Mr. STAGGERS.  Mr. Chairman, I
am  not  going  to  take the  full 4
minutes.  I do  appreciate the courtesy
of my colleagues in yielding time to
me.
  What I have to say I can make  very
brief.
  I  want  to  compliment  the Com-
mittee for  the  way they  have  con-
ducted themselves  in  talking  about
and  arguing over this bill.
  This is a  bill with which I am  sure
none of us fully agrees, but we have
come out with a strong bill. The  sub-
committee  presented  a  strong   bill
which the Members thought was for
the best  interest of our Nation.  The
full  committee concurred in that and
has brought it to the floor.  We believe
it is a strong bill. We believe it is one
that will help curb this  environmental
danger we have.
  This is a problem  we  will be taking
a look at again 3 years from now.
  I commend the bill to the House for
passage.

      AMENDMENT  OFFERED BY
            MR.  STAGGERS

  Before we close debate,  Mr.  Chair-
man, I  offer an amendment which I
believe  is concurred in by the  com-
mittee.
  The Clerk read as follows:
  Amendment  offered by Mr. STAGGERS:  Page
35, line 15, insert after the period the follow-
ing: :  "The amendments  made by this section
shall not be construed as repealing or modify-
ing  the powers of the Secretary with respect
to any conference  convened  under section
108(d) of such Act before the date of this Act."
  Mr. STAGGERS. Mr. Chairman, I

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1492
LEGAL  COMPILATION—AIR
do not desire  to  discuss the amend-
ment.
  Mr. SPRINGER. Mr. Chairman, we
have no objection to the amendment
on this side.
  The CHAIRMAN. The question is
on  the  amendment  offered  by  the
gentleman from West Virginia (Mr.
STAGGERS) .
  The amendment was agreed to.
  Mr.  STAGGERS.  Mr.  Chairman,
before the Committee rises, I do want
to compliment the subcommittee. The
members did work long and hard,  for
many hours,  to bring us this bill to
the full committee and the House.
  I thank the gentleman from Illinois,
the ranking minority member of  the
committee,   the   gentleman   from
Illinois  (Mr.  SPRINGER) and  all who
serve  on  the  committee for their
cooperation.  They have  done  a grand
job.  And I believe  we have  brought
a good bill to the floor for the good of
the country.
  The  CHAIRMAN.  Are there  any
further amendments to be proposed?
If not,  the  question is on the com-
mittee amendment in the nature of a
substitute, as amended.
  The  committee substitute   amend-
ment, as amended, was  agreed to.
  The  CHAIRMAN. Under  the rule,
the Committee rises.
  Accordingly  the  Committee rose;
and the Speaker pro  tempore (Mr.
ALBERT) having  assumed the chair,
 Mr. GALLAGHER, Chairman  of  the
Committee of the Whole House on the
State of the Union,  reported  that that
Committee having had  under consid-
eration the bill—H.R. 17255—to amend
the  Clean Air  Act  to provide  for a
more effective program to improve the
quality of the Nation's air,  pursuant
to House Resolution 1069, he  reported
the  bill back to  the House  with an
amendment adopted by the Committee
of the Whole.
                 The SPEAKER pro tempore. Under
               the rule,  the previous  question  is
               ordered.
                 Is a separate vote demanded on any
               amendment in the nature of a substi-
               tute?  If not, the question is on the
               amendment.
                 The amendment was  agreed to.
                 The  SPEAKER pro  tempore. The
               question is on the  engrossment and
               third reading of  the bill.
                 The  bill was   ordered to  be en-
               grossed and read a third time, and
               was read the third time.

                  MOTION TO RECOMMIT OFFERED
                      BY  MR.  CUNNINGHAM
                 Mr. CUNNINGHAM. Mr.  Speaker,
               I offer a motion to recommit.
                                        [p. 19243]

                 The SPEAKER pro tempore. Is the
               gentleman opposed  to  the bill?
                 Mr. CUNNINGHAM. In its present
               form, Mr.  Speaker, I am.
                 The  SPEAKER pro   tempore. The
               Clerk will report  the  motion to re-
               commit.
                 The  Clerk read as follows:
                 Mr. CUNNINGHAM moves  to recommit the
               bill H.R. 17255 to  the Committee on Inter-
               state and Foreign Commerce.
                 The SPEAKER pro tempore. With-
               out objection, the previous question is
               ordered on the motion to recommit.
                 There was no  objection.
                 The SPEAKER pro  tempore. The
               question is on the motion to recommit.
                 The  motion   to  recommit   was
               rejected.
                 The SPEAKER pro  tempore. The
               question is on the passage of the bill.
                 The question  was taken;  and  the
               Speaker pro tempore announced that
               the ayes appeared to have it.
                 Mr.  SPRINGER. Mr. Speaker,  I
               object to the vote on the ground that
               a quorum  is not present and make the
               point of order that a  quorum is not
               present.

-------
               STATUTES  AND LEGISLATIVE HISTORY
                              1493
  The   SPEAKER   pro   tempore.
Evidently a quorum is not present.
  The question was taken; and there
were—yeas  375, nays 1, not  voting
53, * * *.
       *
   So the bill was passed.
                         [p. 19244]
l.lk(4)(b)   Sept. 21, 22: Considered and passed Senate amended,
pp. 32837; 32900-32928; 33072-33121
 AMENDMENT  OP  CLEAN AIR
       ACT—AMENDMENT

        AMENDMENT NO. 926

  Mr. BAKER  (for himself and Mr.
COOPER) proposed an amendment to the
bill (S. 4358) to amend the Clean Air
Act, and  for other purposes, which
was ordered to lie on  the table and
to be printed.

        AMENDMENT NO. 927

  Mr. MANSFIELD  (for  Mr.  MAG-
NUSON)  submitted an amendment, in-
tended to  be proposed by  Mr.  MAG-
NUSON,  to Senate bill  4358,  supra,
which was ordered to lie on the table
and to be  printed.

        AMENDMENT NO. 928

  Mr. DOLE  submitted an  amend-
ment, intended to be proposed by him,
to Senate  bill 4358, supra, which was
ordered to lie on the table and to be
printed.
  (The  remarks of Mr. DOLE when
he submitted the  amendment appear
later in  the RECORD under the appro-
priate heading.)


        AMENDMENT NO. 930

  Mr. COOPER (for himself and Mr.
BAKER)  submitted an amendment, in-
tended to be proposed by them, jointly,
to Senate  bill 4358, supra, which was
ordered to lie on the table  and to be
printed.

                          [p. 32837]
    NATIONAL AIR QUALITY
    STANDARDS ACT OF 1970
  Mr. MUSKIE. Mr. President, I ask
unanimous consent that the  Senate
proceed to the consideration of Order
No. 1214, S.  4358.
  The  PRESIDING OFFICER. The
bill will be stated by title.
  The  legislative clerk read the bill
by title, as follows: S. 4358, to  amend
the Clean  Air  Act,  and  for  other
purposes.
  The  PRESIDING  OFFICER.   Is
there objection to  the request  of the
Senator from Maine?
  There being no objection, the  Senate
proceeded to consider the bill.
  Mr. MUSKIE. Mr. President, one
of the  most troubling aspects  of our
national mood is the crisis in  confi-
dence which afflicts too many Ameri-
cans in all walks of life. It is a crisis
marked by self-doubt, by a fear that
our problems may be greater than our
capacity to solve them, that OUT public
and private institutions may be inade-
quate  at a time when we need them
most.
  Our  environmental problems have
contributed heavily to that self-doubt
and fear. A  nation  which has been
able to conquer the far  reaches of
space,   which   has  unlocked  the
mysteries of the atom, and which has
an  enormous  reserve of  economic
power,   technological  genius,   and
managerial skills, seems incapable of
halting  the  steady deterioration  of
our air, water, and land.
  The  legislation we  take up today

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1494
LEGAL COMPILATION—AIR
provides the Senate with a moment of
truth:  a time to decide whether or
not we  are  willing to let our  lives
continue  to  be  endangered  by  the
wasteful practices of an affluent so-
ciety,  or whether we are  willing to
take the difficult but necessary steps
to breathe new life into our fight for
a better quality of life.
  This legislation will be a test of our
commitment  and a test of  our faith:
in our institutions, in our capacity to
find answers to difficult economic and
technological  problems,  and in  the
ability of American citizens to rise to
the challenge of  ending the threat of
air pollution.
  I am prepared to affirm that faith—
on the basis of the knowledge we have
gained from existing air  pollution
control legislation,  on the basis of
what Americans  have been telling me
and other  Members  of the  Senate
about there determination to overcome
the obstacles to clean air.

  I. THE NEED FOR THE LEGISLATION

  Mr. President,  we are  considering
this legislation in a year  of  environ-
mental concern. The President devoted
much   of  his state  of  the Union
message to  the  environment, young
and old together marked Earth Day in
April, and Congress has considered an
unprecedented number of bills dealing
with  the degradation  of our air, wa-
ter, and land.
  In  January of this year the Presi-
dent  signed  the National Environ-
mental  Policy Act.  That law  com-
mits all agencies of the Federal Gov-
ernment to continuing environmental
concern.  In  April of this year the
Water Quality Improvement Act, built
upon  the  record established by the
Congress since 1965 in the
                           [p. 32900]

area  of water pollution  control, was
enacted.
                  The  bill  we  consider today, how-
                ever, faces  the  environmental  crisis
                with greater urgency and frankness
                than any  previous  legislation.  The
                effect of these amendments to the Clean
                Air Act will be felt by all Americans.
                This bill  states that all Americans in
                all parts of the Nation should have
                clean air  to breathe, air that will have
                no adverse  effects on their  health.
                And  this bill is aimed at putting in
                motion  the  steps necessary to  achieve
                that  level of air  quality within  the
                next 5  years.
                  It  is a tough bill, because only a
                tough  law  will guarantee America
                clean air. It is  a  necessary bill,  be-
                cause the health of our people is at
                stake.
                  Over 200 million tons  of contami-
                nants are  spilled  into the air each
                year in America.  Each year  we  soil
                more clothes and  buildings,  destroy
                more plant  and  animal life,  and
                threaten  irreversible atmospheric and
                climatic changes. And each year these
                200  million tons  of  pollutants  en-
                danger the health  of our people.
                  The  costs of  air  pollution  can  be
                counted  in  death, disease and dis-
                ability; it  can  be measured  in  the
                billions of dollars  of  property losses;
                it  can  be  seen  and felt  in the dis-
                comfort of our lives.
                  A  reduction  of  50  percent in  air
                pollution in urban areas would result
                in savings of over  $2 billion in  the
                annual   costs  of  health  care   in
                America.
                  So there is a  need for  this legisla-
                tion. During the past year all of us
                have recognized this need. Last month,
                in   transmitting  the  first   annual
                report  of  the  Council on Environ-
                mental   Quality,   President   Nixon
                recognized  this need.
                  Man—
                  He said—
                has  been too  cavalier in  his  relations  with

-------
                STATUTES AND LEGISLATIVE HISTORY
                                1495
nature. Unless we arrest the depredations that
have been inflicted so carelessly on our natural
systems . . . we face the prospect of ecological
disaster.

  In  hearings on the bill  before us,
Mr.  Joseph  Germano, a  steelworker
from Chicago,  also  recognized  this
need. He  told  the committee:
  This old philosophy, that when  you see the
smoke rolling out of the tops of the blast
furnaces there is prosperity, doesn't go any-
more. The people don't look at that anymore.
  Prosperity doesn't mean anything if they are
not going to live to enjoy the prosperity.

  All Americans have agreed on the
need  for  action.  It is  now time  to
determine whether the agreement has
reflected only a lack of  disagreement,
or a genuine  commitment  to action.

      II.  A REVIEW OF THE LAW
  The  bill  now  before  the Senate
would amend  the Clean Air Act. It is
consistent with  the  purpose of that
law  and  with the basic approach of
the  present  program.   In   the  Air
Quality Act of 1967, Congress adopted
this  basic approach in amendments to
the Clean Air Act of 1963.
  The Senate  report on the 1967 bill
stated the purposes of the legislation:
  (It) is the  intent of  the Committee to en-
hance air quality and to reduce harmful pollu-
tion  emissions anywhere in  the country, and
to give the secretary authority to implement
that objective in the absence of effective state
and local control.

  The committee feels that  S. 4358 is
consistent with those  purposes  and
reflects knowledge  gained  since the
law  has been in force.
  The 1967 established procedures for
the  achievement and maintenance of
federally approved regional standards
of ambient air quality.  These stand-
ards, based on Federal criteria docu-
ments describing the effects of pollut-
ants on   health  and  welfare,  are
adopted and enforced on the State and
local level. In the event that adequate
standards are not developed  or en-
forced,   the   Federal   Government
assumes the responsibility.
  The underlying wisdom of the origi-
nal legislation has been confirmed. We
have  learned  from the criteria docu-
ments which have been issued for five
pollutants  that more decisive action
must  be taken now. We have learned
from  the   standards-setting  process
that public participation is important,
and we have learned from experience
with  implementation of the  law that
States and  localities need greater in-
centives and assistance to protect the
health and welfare of all people.

     III. WHAT WE HAVE LEARNED
            FROM THE LAW
  From the operations of the existing
law, we have learned a great deal—
about the concern  of Americans over
air pollution,  about the response of
polluters to this  concern,  and  about
the sacrifices we must make to protect
our health.
  The  effectiveness  of existing  law
depends in  great part on  the willing-
ness of people to make tough decisions
concerning  the  quality  of  air  they
want to breathe. And it  depends on
their  willingness to make their wishes
known  in public  hearings  on the local
level. This  experiment in public par-
ticipation has worked. It has  opened
doors once closed. People have become
involved  in  the   standards-setting
process. They  have  learned  of the
threats to their health and they have
sought  to  make  the program respon-
sive to  their needs.
  At the same time, some industries
have  not exerted their best efforts to
control  air pollution. Two  steel com-
panies   in   the   Chicago   area,  for
example, dumped more pollutants into
the air in  1968 than  in  1963—3,500
tons  more. Oftentimes,  funds  which
should  have  gone  for air  pollution
control have been spent on advertising
and  public  relations   designed  to

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1496
LEGAL COMPILATION—AIR
reduce the pressure on the companies
to do what is necessary.
  In the face of citizen concern  and
corporate resistance, we have learned
that the air pollution problem is more
severe, more pervasive,  and growing
faster than we had  thought.  Unless
we recognize the crisis and generate a
sense  of  urgency  from  that recog-
nition, lead times  may melt  away
without  any chance at  all  for  a
rational solution  to  the air  pollution
problem.

     IV. WHAT WE HAVE LEARNED
           ABOUT THE LAW
  While  we have learned much from
the operations  of the laws passed in
1963, 1965, and  1967, we have  also
learned about the law itself.
  It is clear that Congress was right
in 1967 when national emissions stand-
ards  without  ambient  air  quality
standards for stationary sources were
rejected—in   favor   of   regional
ambient  air quality  standards  with
emissions standards as tools to meet
them. Emissions  standards alone  will
not—and  probably cannot—guarantee
ambient air quality which will protect
the public health. The implementation
of  air quality standards must take
more forms than emissions controls.
   It  is also clear that  ambient  air
quality standards which will  protect
the health of persons must  be set as
minimum standards  for  all  parts of
the Nation, and they  must be met in
all areas within national deadlines.
   Congress did adopt emissions stand-
ards  as  the basic  control  technique
for moving sources in 1965, because
they  are  not controllable at the local
level. Here we  have learned  that tests
of  economic and technological feasi-
bility applied to those standards com-
promise  the health of our people  and
lead  to  inadequate  standards. It is
clear  that the  long-range  proposal
for emission standards will only be
                adequate if  the timetable  is acceler-
                ated.
                  In 1963, Congress  recognized  that
                the  Federal  Government  could  not
                handle the  enforcement task  alone,
                and that  the primary burden  would
                rest on States and local governments.
                However, State and local governments
                have not responded adequately to this
                challenge.  It is clear that enforcement
                must be toughened if we are to meet
                the  national deadlines. More tools are
                needed, and  the  Federal presence and
                backup authority  must be increased.
                  Finally  no level of  government has
                implemented  the existing  law to its
                full potential On  all  levels, the air
                pollution  control  program has  been
                underfunded  and   undermanned.  To
                implement the greater responsibilities
                of this  bill,  great financial  commit-
                ments will have to be made  and met
                at all levels. Air pollution control will
                be cheap only in relation to the costs
                of lack  of control.

                     V.  CHANGES  RECOMMENDED
                  What we  have  learned—from  and
                about the existing law—forms  the
                basis of the changes recommended by
                the committee. Because we have fallen
                behind in  the fight for clean  air, it is
                not enough to implement existing law.
                We must go further. The Senate com-
                mittee report on the Air Quality Act
                of 1967  warned polluters:
                  Considerations of technology and economic
                feasibility,   while  important  in helping to
                develop alternative plans and schedules for
                achieving goals of air quality, should  not be
                used to mitigate against protection of the pub-
                lic health and  welfare.

                  That  warning,  Mr. President,  has
                been on the  books of this committee
                for 3 years, for all to read.
                  Contrary  to this intent, these con-
                siderations have been used  as  argu-
                ments to compromise the public health.
                Therefore, the  committee  has  made
                explicit  in this bill what is implicit to

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                  STATUTES AND  LEGISLATIVE HISTORY
                                   1497
 standards  designed  to  protect  our
health.    That   concept   and   that
philosophy  are behind every page of
the  proposed legislation.

  The first responsibility  of Congress is  not
the  making  of  technological  or  economic

                              [p. 32901]

judgments—or even to be limited by what is or
appears  to  be technologically or economically
feasible.  Our responsibility  is to establish what
the public  interest  requires  to protect  the
health of persons. This may mean that people
and industries will be asked to do what seems
to be impossible at the present time.  But if
health is  to  be  protected,  these  challenges
must be  met. I am convinced they can be met.
  First,  the bill provides for national ambient
air quality  standards  for  at least  ten major
contaminants  that must be  met by  national
deadlines. This means that in every region of
the country, air quality must  be better than
that  level of quality which  protects  health.
Anybody  in this Nation ought to  be able at
some specific  point in the future  to breathe
healthy air.
  Second, national air  quality  goals—protec-
tive against any known or anticipated adverse
environmental effects—will  be set for the major
pollutants  and must  also  be  achieved  within
specific time-frames on  a  regional  basis.  Air
quality goals are especially important because
some pollutants  may  have serious  effects on
the environment at levels  below those where
health effects may  occur. For example,  the
Secretary would  be  expected  to  disapprove
regional  air quality goals  which would delay
the application of controls required to  protect
plants and  animals from the well-known haz-
ards  of exposure to fluorides.
  Third,   the  bill  provides that newly con-
structed  sources of pollution must meet rigor-
ous national standards of  performance. While
we clean up existing  pollution, we must also
guard against new   problems. Those  areas
which have  levels of  air  quality  which  are
better than the national standards  should  not
find  their air quality  degraded  by the con-
struction of new sources.  There should be no
"shopping  around"  for  open  sites.  These
standards of  performance "would not  specify
what technology must be  used by particular
types of sources,  only the emissions perform-
ance  that must be met.
  Fourth, the bill provides the Secretary with
the authority to prohibit emissions  of hazard-
ous substances. The committee was presented
with strong evidence  that any level of emis-
sions of  certain pollutants may produce adverse
health effects that  cannot  be tolerated.
  Fifth,  the bill provides  the  Secretary with
the authority to  set  emission  standards  for
selected pollutants which  cannot be controlled
through the ambient air quality standards and
which are  not  hazardous  substances.  These
pollutants  could  later  be covered  by  either
ambient  air quality  standards  or by  prohibi-
tions as hazardous substances.

   These five sets of reqiurements will
be difficult to  meet. But the committee
is convinced that industry  can make
compliance  with  them possible  or im-
possible.  It  is  completely  within  their
control.  Industry has been presented
with challenges in   the  past  that
seemed  impossible  to  meet,  but has
made them  possible.
   As far back as 1869, the Alkali Act
prohibited  the emissions of hydrogen
sulfides   in   England.   Although in-
dustry   had  said  that  requirement
could not be  met,  there  was  compli-
ance within 2 years.
   At the beginning of World War II
industry told  President Roosevelt that
his  goal  of 100,000 planes  each  year
could not be met. The goal was  met,
and the war was won.
   And  in   1960, President  Kennedy
said that  America  would land  a man
on the  moon  by  1970.  And American
industry did what  had to be  done.
   Our responsibility  in  Congress  is to
say that the requirements of this bill
are  what  the  health  of the  Nation
requires, and  to challenge polluters to
meet them.
   The  committee  has  also   recom-
mended  significant  changes in title II
of  the   Act   dealing   with  moving
sources, and  especially with  automo-
biles.
   In 1968,  moving sources  were re-
sponsible for  more  than 42 percent of
the  total emissions of  the five  major
pollutants—including 64 percent  of
the  carbon  monoxide and 50 percent
of the hydrocarbons.  In health effects,
these pollutants mean  cancer,  head-
aches,  dizziness,   nausea,  metabolic
and respiratory diseases, and the im-
pairment of mental processes. Clearly,
solving  the  air   pollution   problem

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1498
LEGAL COMPILATION—AIR
depends on the achievement of signifi-
cant reductions in the emissions from
automobiles. Clearly, protection of the
public  health  requires  quick  and
drastic reductions.
  Since legislation to deal with  the
problem of automotive emissions was
first introduced in 1964, the industry
has known  that they would have to
develop the solutions to the problem.
In 1965 they announced that national
standards could be met in the fall of
1967.
  As  the report of the committee indi-
cates, it is  now clear that continued
reliance on gradual reductions in auto-
motive emissions would make achieve-
ment  of the ambient air quality stand-
ards  impossible within  the national
deadlines established in title I of this
act.  More  important, it would  con-
tinue hazards to our health long after
they  should have  been eliminated.
  In  order  to maintain these  stand-
ards  set  under  title  I—standards
which are  necessary  to  protect  the
public health  and which must be met
in the  next  5 years—the emissions
standards for carbon monoxide, hydro-
carbons, and  nitrogen oxides  which
have  been projected for 1980 must be
met earlier. This bill would require
that this be done by  1975.
  To  insure that production line vehi-
cles  perform  adequately,  this  bill
would require that each vehicle manu-
factured comply with  the  standards
for a 50,000-mile lifetime. The manu-
facturer would be required to war-
ranty the  performance of  each indi-
vidual vehicle as to  compliance with
emission  standards.  The  increased
price of new cars that would be a re-
sult of this bill can be defended only
if the emission control systems work
satisfactorily for  the  life of the  car.
  The committee, in  setting the 1975
deadline, made every effort to  make
that requirement consistent with what
the industry has told the committee on
               many  occasions  over the  years:  It
               provides  2  years  for research and
               development of  the  necessary tech-
               nology, and 2  years to apply that
               technology in the mass production of
               vehicles.
                 In  response to  claims  that these
               requirements cannot be met, the com-
               mittee has included in the  legislation
               an   opportunity  for  a  secretarial
               review of the 1975 deadline. A 1-year
               extension of  the  deadline  could  be
               granted  upon a secretarial  finding
               that such an extension would be neces-
               sary  and justified. The bill also pro-
               vides  for a review of that decision
               by  an appellate  court.
                 It was only on the issue of secre-
               tarial review that the committee was
               divided.  Several members,  including
               myself, felt that an  extension of the
               deadline was  a major policy decision
               that  should  be  made only by  the
               Congress. We felt that  if Congress
               decided  the requirements  of  public
               health were not to be compromised in
               any way, any change in that  policy
               would be  properly  reserved  to  the
               Congress.
                 It  should  be  clear that  the com-
               mittee was  unanimous  on  the  im-
               portant question of when review could
               be  sought—either before  Congress or
               the Secretary. In the committee's view,
               such  review should  not  be available
               until  the last possible moment.  For
               an  extension to be granted, the manu-
               facturer  would have to  demonstrate
               not only impossibility, but  also that
               all  good-faith  efforts had been made.
                 The committee is aware of the prob-
               lems  these requirements might create
               for individual companies.  Therefore,
               the  bill  provides a procedure  for
               mandatory   licensing  which  would
               make available patents, trade secrets,
               or  know-how necessary  to  achieve
               compliance with  the Standards Act to
               any  manufacturer who  can show  a
               need  and to whom the information  is

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                 STATUTES  AND LEGISLATIVE  HISTORY
                                1499
not  otherwise  available.  This  pro-
vision  would also apply to stationary
sources.
  Mr.  President, I should like to make
the philosophy of the bill clear,  with
this  emphasis:
  Predictions of technological impossi-
bility or infeasibility are not sufficient
as reasons  to  avoid tough  standards
and deadlines, and thus to compromise
the public health. The urgency of the
problem  requires  that  the  industry
consider, not only the improvement of
existing technology, but  also alterna-
tives   to  the  internal  combustion
engine and  new  forms of transporta-
tion.  Only  a  clear cut and tough
public policy can generate  this  kind
of effort.
  This philosophy has been stated by
the committee before. In reporting the
Air Quality Act of 1967 to the Senate,
the committee said:
  The Committee recognizes the potential eco-
nomic  impact, and  therefore economic  risk,
associated with major  social  legislative  meas-
ures of this type. But this risk was assumed
when the Congress enacted social security, fair
labor standards, and a  host  of other legisla-
tion designed  to protect the public  welfare.
Such a risk must again be  assumed if  the
nation's air resources are to be conserved and
enhanced to the point that generations yet to
come will be able to breathe  without fear of
impairment of health.

  Detroit has told the  Nation  that
Americans  cannot  live  without  the
automobile.
  This legislation  would tell Detroit
that if  that  is  the case,  they must
make   an  automobile   with  which
Americans can live.
  The third major  area in  which the
committee  has recommended  signifi-
cant changes is  the area of enforce-
ment.  Standards alone will not insure
breathable  air. All levels  of  govern-
ment must  be given adequate tools to
enforce  those  standards.
  The  committee  remains  convinced
that  the most effective enforcement
of standards  will  take place on  the
State and lo-
                           [p. 32902]

cal levels.  It  is here  that the public
can  participate  most  actively  and
bring the  most effective  pressure  to
bear for clean air.
   Public  participation  is  therefore
important  in the development of each
State's  implementation  plan. These
plans do  not  involve  technical deci-
sions ; they do not involve public policy
choices  that citizens should  make  on
the State and local level. They should
be consistent  with a rational nation-
wide policy and would be subject to
the approval of the Secretary.
  The  powers  to enforce these stand-
ards must be increased for the  State
and  local governments as well as  the
Federal  Government.  The  bill thus
requires adequate  State enforcement
authority  as  a part  of implementa-
tion  plans  and provides  that abate-
ment orders  may be  issued by  the
Secretary or his representative. Viola-
tions of these orders will  be punish-
able by statutory penalties of as much
as $25,000 for each  day  of a  first
violation.
   The bill  also provides  the Federal
Government with the authority to use
the influence  of the  Federal contract
as an incentive to  compliance with
standards  established  under this act.
Federal contracts  could be awarded
only to facilities which were in com-
pliance with  the  standards  and   re-
quirements of this act.
   Finally, the bill extends the concept
of public participation to the enforce-
ment process. The citizen suits author-
ized in this  legislation  would  apply
important pressure. Although the com-
mittee does not  advocate  these suits
as the  best way  to  achieve  enforce-
ment,  it is clear that  they should be
an effective tool.

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1500
LEGAL COMPILATION—AIR
   VI. WHAT THE LAW CAN MEAN
  These, then,  are the commitments
that the Congress should make—com-
mitments  to  meaningful   environ-
mental protection; effective protection
of the health of all Americans; and
the early achievement of these goals.
  Committing the Congress with this
legislation,   however,   will  not  be
enough.  Here   we  can  make  only
promises to  provide the funds and
manpower   necessary  to  set   and
enforce  the standards.  We must  carry
this  commitment  through  to   the
appropriations of those funds. If these
promises that we make here are  not
kept, these will be empty promises.
  May I re-emphasize the point, Mr.
President,  that  the number of per-
sonnel in the agency available  today
to deal with  these  problems is less
than 1,000. We asked the administra-
tion to give us its best estimate of the
numbers needed  and  the costs to
administer  and  fully  implement  the
bill before us if  it is enacted into law.
  The details on the administration's
figures  are in  the report. Personnel
would have to be increased to 1,741 in
the present fiscal year; 2,535 in fiscal
1972; and 2,930  in fiscal 1973. In 1973,
in  order to  provide  the  necessary
personnel,  the  annual appropriations
would have to be $320 million.
  We talked about  commitment,  Mr.
President.  The  1967  act has  not
worked  as  well  as it should have be-
cause we did not  provide  the  man-
power and  the  money to  enforce it.
For that reason, we are now forced to
consider a more stringent law. So, for
those who  look  to the law enacted in
1967, to those  who  are  tempted to
weaken  this one, let  me  make this
point.
  If the Senate passes the bill,  if the
House passes it in this form, and if
the  President signs it into  law,  we
cannot  make it  work  unless we have
                as  a  minimum the personnel and the
                dollars recommended by the adminis-
                tration.
                  Mr.  President,  I emphasize  this
                because it is such an important point.
                The committee got these detailed esti-
                mates from the administration so that
                we  could tell  the  Senate  and  the
                House of Representatives in advance
                what it is going to cost to make  this
                law work.
                  I know the  traditional  attitude of
                the Appropriations Committee is that
                we in the legislative committees  are
                good  at  putting   together  the  big
                promises, but  that since we do not
                have to  concern  ourselves  with  the
                details of what it will cost or  how
                many people it will take, we are really
                not a very good  bunch to write the
                figures into law.
                  This is one  time a legislative com-
                mittee got the details.  They are here
                for all  to  see.  If the  members of
                the  Appropriations Committee  are
                interested in those details,  they are
                here.
                  If there is any doubt on the part of
                any Senator about whether he would
                support the  appropriations necessary
                to  make  this law  work, let him vote
                against the  bill. Let us not  vote for
                empty promises.
                  Mr.  President,  I emphasize that
                this bill seeks  a commitment not only
                from  Congress  but also  from  the
                people. As I said earlier in this state-
                ment, clean  air will not come cheap
                and it will  not come easy.
                  The legislation  would  require  new
                kinds of decisions  with  respect to
                transportation and land-use policies. It
                would require new discipline of  our
                desire  for  luxury and  convenience.
                And it would  require a new perspec-
                tive on our world,  a recognition  that
                nothing is more valuable or essential
                to us than  the quality of our air.
                  Mr.  President, 100  years ago the

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                 STATUTES AND LEGISLATIVE HISTORY
                               1501
first board  of health in  the  United
States, in Massachusetts, said this:

  We believe that all citizens have an inherent
right to  the enjoyment of pure and uncon-
taminated  air  and  water  and soil, that this
right should be regarded  as belonging to the
whole community and  that no one should  be
allowed to trespass upon it by his carelessness
and his avarice, or even by  his ignorance.

  Mr. President, 100 years later it  is
time to write that  kind  of policy  into
law. The pending hill is such a law.
I urge the Senate to approve it over-
whelmingly.
  Mr. President,  at this  point I would
like to pay  tribute to all members  of
the Committee on  Public Works  and
the Subcommittee on  Air and Water
Pollution for their  involvement  in,
their commitment to,  and their dedi-
cation to what, for me, has been one  of
the most unusual experiences of com-
mittee work since I have been a Mem-
ber of the Senate.
  Hearings  on this legislation began
early this year.   They were concluded
early in  the spring, in ample time for
us to have simply passed out any one
of the bills  that  were introduced  and
considered our  work done.  But we
were  conscious  of  the fact that the
legislation already enacted had proven
inadequate.
  We were  also  conscious of the  fact
that in the climate of environmental
concern which we faced in the country,
it was important that Congress  give
to the  country  the best  bill  it  was
possible  for Congress  to devise.
  Since  the  completion  of the hear-
ings, therefore, the subcommittee and
the full committee have spent long
hours in deliberation and consultation
and  finally  in decision.  Never was a
partisan line drawn  in  any  of these
deliberations. Never  was there  any
effort to obstruct or  delay the action
of the committee.
  The discussions  were long because
it was necessary to educate ourselves,
the Senate and ultimately the country
as to the options available to  us and
the implications of these options.
  We have been  conscious, I  think,
since early June that what we were
considering writing  into law  could
result  in   drastic  changes   in  the
pattern  of the life  we live  in the
urban areas of America. We felt that
just such changes were essential if we
were really to come to grips with the
problem  of air  pollution.  We  cannot
solve the problem of air pollution in
the city of Washington by prohibiting
backyard burning of leaves.  That has
already been done in some of the sub-
urban  counties. It  does  not begin to
touch the job.
  All of  us in the Senate travel about
this country by air. I know of  no city
of   more   than  50,000—and  that
includes  my own State—which is not
threatened  already by   the  pall  of
smog. Beyond any  question  the  auto-
mobile is the principal contributor to
that pall; and the results have grown
visibly since 1967.  The  problem that
troubled  the committee most was not
the problem of  the  new  car, but the
problem  of the used  car. There are
more than  100  million  on the  road.
And before this law takes effect, if  it
is  enacted into  law, four or five new
generations of  automobiles will be-
come used cars at the rate of 8 million
to 9 million a year.
  After new cars roll out of the show-
rooms  onto the streets  and into the
control of  their owners,  it is  techno-
logically almost impossible  to  make
them clean cars.
  In title I of this act we have written
a national deadline for the purpose of
implementing applicable ambient air
quality  standards.  That is  going to
require every State Governor and the
mayor of  every city in  this country
to impose strict controls in the use of
automobiles before the  new car is a
clean one.
     526-703 O - 73 - 22

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1502
LEGAL  COMPILATION—AIR
  The only way we can deal effectively
with the used car is to begin making
clean cars in Detroit. Under the pro-
gram as it is presently planned, the
used  car  population  will  not  be
cleaned   up  until  1990.  Under the
pending bill, the used car population
would not be cleaned up until 1985.
  Mr. President, that is not too soon
to  be  concerned about  the  health
effects of automobiles on the lives of
the people living in these cities.

                          [p. 32903]

  Drastic medicine? Yes.
  Necessary? Yes.
  The industry  will have 5 years to
make its peace with this proposal. As
we  bear in mind the space program
and other great technological achieve-
ments of American industry, I  find it
difficult to believe that, whatever their
present doubts,  they cannot meet the
challenge of this bill.
  They have been able to meet such
challenges in the case  of war  when
President  Eoosevelt  asked them to
build 100,000 planes a year.
  They have been able to meet such
challenges  in  the  case  of  national
curiosity  when  President  Kennedy
asked them to make it possible to send
a man to the moon in the 1960's.
  Here, in the case of  a  national ob-
jective  more  serious than  either of
those—the  national health, I  think
that  we  have  an  obligation  to  lay
down the standards and requirements
of this bill.
  I think that the industry has an ob-
ligation  to  try  to meet them.  If, in
due course, it  cannot,  then it  should
come to  Congress and share with the
Congress—the  representatives  of the
people—the need to modify the policy.
  That is the philosophy of this bill.
The committee  felt it owed  no less
duty to the  Senate and the Congress
than  to state it  in these terms. That
is why we  have this kind of bill. It
               was not unreasonable or arbitrary in
               the sense that it was  ill-considered.
               The  committee  spent  hundreds of
               hours over weeks and months before it
               came to this hard decision.
                 Mr. President,  I wish to list in the
               RECORD at this point the names of the
               members of the  committee: Senator
               RANDOLPH, Senator  YOUNG  of  Ohio,
               Senator MUSKIE,  Senator JORDAN of
               North Carolina, Senator  BAYH,  Sen-
               ator  MONTOYA, Senator  SPONG,  Sen-
               ator EAGLETON, Senator GRAVEL,  Sen-
               ator  COOPER,  Senator BOGGS, Senator
               BAKER,  Senator DOLE,  Senator GUR-
               NEY, and Senator PACKWOOD.
                 After all  these hundreds of hours
               covering weeks and months of deliber-
               ations, all those  Senators—obviously
               of widely  varying  political philoso-
               phies—voted  unanimously to recom-
               mend to the Senate and Congress the
               passage of this bill, the goals it estab-
               lishes, the sense  of  urgency it incor-
               porates, and the program  for meeting
               the problem. I cannot think of a major
               piece of domestic legislation that has
               had such complete committee support
               from that spectrum  of opinion. There
               was no  doubt in  the minds  of any of
               them  about supporting it.
                 It is with that recommendation that
               I am  proud to submit the legislation
               to the floor of the Senate.
                 At this point I would like to express
               my heartfelt appreciation to the chair-
               man of  the  committee,  the Senator
               from West Virginia  (Mr. RANDOLPH),
               the ranking Republican member, the
               Senator from Kentucky (Mr. COOPER),
               the ranking Republican member of the
               subcommittee, the Senator from Dela-
               ware  (Mr. BOGGS),  and every one of
               the members of the committee for the
               most  conscientious attention to  duty,
               committee meetings, and  the respon-
               sibilities this legislation imposes that
               I have ever witnessed in a  committee
               in my experience.
                 This  is not  the  usual  pat on the

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                STATUTES AND LEGISLATIVE HISTORY
                               1503
back one gets on the floor of the  Sen-
ate.  This is heartfelt. Not  only  did
they contribute their energy and time,
but the  ideas  in this bill could  not
be  separated along  party  lines  of
Democratic and  Republican. These are
Democratic,  Republican,  liberal,  and
conservative ideas.  This  is  an inte-
grated piece of  legislation incorporat-
ing the full thought of  all  members
of the committee.
  I would like to express my apprecia-
tion to the members of the committee
staff. I include  their names  here be-
cause  they  have given  such  a  fine
example of the kind of staff work  that
is possible in Senate committees. They
are: Mr. Richard B. Royce, chief clerk
and  staff  director;  Mr.  M.  Barry
Meyer,  chief  counsel;  Mr.  Bailey
Guard,  assistant chief clerk for  the
minority; Mr. Tom Jorling,  minority
counsel;  Mr. Leon  G.  Billings,  Mr.
Richard W.  Wilson, Mr.  Philip Cum-
mings, Mr.  Richard Grundy  and Mr.
Harold  Brayman,   professional  staff
members; and Mrs.  Frances Williams,
Miss Rebecca Beauregard, Miss Sally
White,  and  Miss Cecily  Corcoran of
the committee  staff.
  I would like  to express my  appre-
ciation to Mr. Eliot Cutler of my  staff
and  to  the members  of the  staffs of
members  of  the  committee.
  Mr.  GRIFFIN. Mr. President, will
the  Senator yield   to me  for  a few
minutes?  I realize  that  the ranking
Republican Member has  a statement
to make and I do not wish to  impose
too much on his time.
  Mr.  MUSKIE. I yield.
  Mr.   GRIFFIN.   Needless to  say,
there are portions  of this bill which
have a significant impact on the State
of Michigan. The Senator from Maine
has  addressed himself to those  pro-
visions. I realize, of course, that there
are  other important portions  of the
bill. I would be less than  honest  with
the Senate if I  did not indicate some
serious  misgivings   about   certain
provisions of the bill which write into
legislative concrete, in effect, that cer-
tain standards—standards which are
exceedingly high—must   be  met by
1975 or  15  million workers will lose
their  jobs.
  Is it  the position  of  the Senator
from Maine that the state of the art
is such  now  that  the standards for
automobile  exhaust  set  in this bill
could be met  now?
  Mr.  MUSKIE. If  that were the
case, I would  say somebody has failed
in discharging his responsibilities un-
der the 1967 law in not requiring that
such standards be met by models com-
ing off the lines now. No, if we thought
the technology existed today we would
insist that it be incorporated in these
cars today.
  Mr.  GRIFFIN. Is it a  fact that no
hearings were held  by the committee
with  regard  to  the  question  as  to
whether the standards set in  the bill
could be met  by  1975?
  Mr.  MUSKIE. Let me read some-
thing to the  Senator from  the  testi-
mony in 1967 of Mr. Thomas Mann,
president of the  Auto Manufacturers-
Association. He  made  several points,
but on this  one he  said:

  My fourth  point  is related  to the third:
As research indentifies  objectionable or harm-
ful pollutants and determines dangerous  levels
to be avoided, it defines ambient air quality
needs in terms  of specific goals  to be met.
With these goals clearly established it becomes
appropriate to project timetables for all indus-
tries  or  other sources of emissions so they
can begin research and development work to
devise methods of achieving the goals.

  At that time we did not have cri-
teria  identifying the health effects  of
pollutants.  So Mr. Mann urged re-
search  to  find these  defects  before
timetables were  set He  did not say
that before  we set timetables the  com-
mittee should  be satisfied  that technol-
ogy is available. No.  He  said, "With
these  goals"—talking about  health

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1504
LEGAL COMPILATION—AIR
effect  goals—"clearly  established it
becomes  appropriate to project time
tables  for  all  industries  or  other
sources of emissions so that they can
begin research  and development work
to devise methods  of  achieving the
goals."
  Since then, under pressure of hear-
ings first held by the subcommittee in
1964 and held almost every year since,
the industry has come  before us  and
clearly has  been pushing technology,
research, and development to the point
that they now indicate to us not any
commitment to what they can do, but
the contention, as one president of one
auto company said:
  You can't put this in the record, but we are
that close.

  If we  are  "that  close," it seems to
me we have  to  set the timetable and
challenge them  to  meet it.  They can
always come back  to Congress.
  There   is  something  here in  Mr.
Mann's testimony,  in another portion
of  his  statement,  on  the   timetable
question where he  defines the process
through  which a company  has to go
in order  to  devise  the changes  nec-
essary to meet the goals;  that is  a
separate process, after  they have been
told what the goals are. He  said:
  Normally, what I have referred to in the
preceding paragraph takes approximately two
years in -addition to the time needed for de-
sign, research, and  development stages.

  A lot  of the hardware is already
being tested. We saw at the time of
the hearings prototype models  which
already  meet   the 1975   standards.
Various  companies have differing de-
grees  of competency  to meet  1980
standards under the present program,
but  they  recognize they have to push
ahead.
  There is another point I would like
to  make  about  the attitude  of the
automobile  companies.  It  is  surely
understandable, under the pressures of
               customer demands  and expectations,
               and under the kinds of pressure gen-
               erated  in connection with  safety  de-
               vices, that the industry wants to walk
               the extra mile in  testing and refining
               any new technical hardware before
               putting it in the hands of the custom-
               ers. That is where, it seems to me, we
               have a problem of such urgency that
               normal procedures have to be short-
               ened if we are to  achieve the goals.
                  Mr. GRIFFIN. With all deference
               to  the  distinguished  Senator  from
               Maine, I must  say he has not  given
               a very  satis-

                                          [p. 32904]

               fying  answer so  far  as   the junior
               Senator from Michigan is  concerned.
               Let me elaborate a bit, if I may. It is
               fine and very desirable to set national
               goals as the committee seeks to  do in
               this bill.
                  The  Senator from  Maine  referred
               to President Kennedy's goal  to  reach
               the moon.  With respect to that goal,
               I  would  remind  the  Senator  from
               Maine  that the Congress  did not set
               itself up as a group of scientists and
               say, in legislative  concrete, that—-

                 We shall reach the  moon on such and such
               a  date, and  if we do not, those working in
               industries having to  do  with space achieve-
               ments shall be put out of their jobs.

                  It is  completely understandable	
                  Mr. MUSKIE.  May I say that this
               bill does not say that.
                  Mr. GRIFFIN.  It is understandable
               that  the  President  of the  United
               States or, perhaps, the Senate through
               a  sense  of  the   Senate  resolution,
               might want to set a goal in this field,
               toward which we should  strive. But
               what bothers me about this legislation
               is  that it does not repose any real
               authority in those who have scientific
               competence   and   knowledge—those
               who could judge  the state of the  art
               and  its applicability  on   a  realistic

-------
                 STATUTES AND  LEGISLATIVE  HISTORY
                                1505
basis to this industry  at  any  given
point in time.
  With all  due respect, I believe the
Senator from Maine and the commit-
tee have gone too far. There ought to
be some flexibility in the hands of the
Secretary of Health, Education,  and
Welfare or a committee of scientists
and   engineers—people  with  some
competent  ability to judge the state
of the art as it  continues to develop.
  As I understand the situation, with-
out any hearings at all, the commit-
tee has, itself, made what is, in effect,
a scientific  judgment; it has assumed
the role of  scientists, and said:
  This cannot be done now, but  we think it
can be done by 1975.
  Without  any  particular  basis  for
such  a  declaration.
  Mr. MUSKIE. We  made no  such
judgment.
  Mr. GRIFFIN. Not only  that  it
can be  done, but "It will be done or
you  are  out of  business."
  Mr. MUSKIE. We  made no  such
statement.
  Mr. GRIFFIN. That is the effect,
as I understand it.
  Mr. MUSKIE. Well,  to clarify the
Senator's understanding of  the effect,
I shall be happy to repeat what I said.
We made no technological  judgments
in this bill. We do not presume to be
in a position to do that. Neither have
we made any  judgment of our own
with  respect to  the  health  effects of
pollutants   that  are emitted by  the
automobile.
  In  that  respect we  did  what  Mr.
Mann and   the  automobile  industry
suggested  we  do back in  1967.  We
directed the  Secretary  of  HEW to
issue criteria  documents identifying
those  pollutants. This is  what  the
criteria said:
  Air  quality  criteria  documents for  auto-
mobile related pollutant agents have provided
information on the  effect of those pollutants
on health and welfare. As an example, health
effects can be expected from carbon monoxide
exposure of 8 to 10 parts per million for an
8-hour period. Many communities exceed these
concentrations  with  unacceptable  frequency.
For example,  carbon  monoxide concentrations
in  Chicago exceed the standard more than 20
percent of the time.

  This is the judgment the committee
made—no more, no  less.
  Knowing  what the  health  effects
are, we could not see ourselves in the
position of  saying to the country:
  Emissions from automobiles are unhealthy.
The agency we charged with giving us  that
information in 1967 has  told us so. But we are
going to leave it to the  automobile industry to
tell  us  when  those  health effects  are to be
eliminated.

  We  felt  it was our  responsibility,
and no  one else's,  to establish  the
public policy. We are saying  in  this
bill that this is what the public health
requires. We are  saying to  the coun-
try, this is what the automobile ought
to be measured against. We are say-
ing to the  industry, this is  what  you
must try to  do.
  Congress,  I assume, will be  in  ses-
sion in 1971,  1972, 1973,  1974,  and
1975—and  possibly without any inter-
ruption if  we continue at the present
rate.  The  committee  would be avail-
able to sit.  The  companies  would be
in a  position to  make  their case. If
the Congress, which would have made
the  policy  in  the  first instance, is
persuaded  that the industry  cannot
do  the job, Congress  could  change
the policy.
  It is conceivable,  may I  say to the
Senator from Michigan, that by 1973
we may  know  a  great deal more
about  the  health  effects of  the auto-
mobile and  decide  that they  are so
bad that the companies ought to make
the required changes  by January 1,
1975—or  stop producing  cars until
they do. I am not  predicting that. I do
not think that is necessary.  I  do not
think that  will happen.

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1506
LEGAL COMPILATION—AIR
  But this would be—as it is now—a
policy decision of such moment to the
country that it ought to be made by
nobody  other than the  Congress, so
that the  decision gets the visibility,
the  prestige  and  the responsibility
that are  necessary to deal with  this
problem.
  It is not necessary to say that any
company is going to be closed on Jan-
uary 1, 1975, but it  is necessary for
the  Congress to say that they must
meet the standards until the Congress
itself decides otherwise.  That is what
we are asking. Five years is a long
time for the companies to make their
effort, then  to make their  case  and
then  for  Congress   to   consider  a
change of policy.
  If the  Senator from Michigan  is
going to  assume that, in  the face of
a convincing demonstration, the Con-
gress will irresponsibly shut down the
automobile companies, then, of course,
the  Senator  should vote  against the
bill.
  Mr.  GRIFFIN.  Mr. President,  will
the Senator yield?
   Mr.  MUSKIE. Let  me first read
this letter  of  September 11,  1970,
written to  me by  President  B.  N.
Cole of General Motors. He says this:
  Remarkably  low emissions can be achieved
with experimental laboratory cars without any
regard  to  mass  production,  manufacturing
tolerances, durability, maintenance, cost, and
conditions of customer use.
  If I understand that sentence, he
is saying  that the way of dealing with
these emissions is now available in
the  laboratory—that it can be done,
and that what stands between us and
January  1, 1975 is  the  development
of  the mass  production   techniques
to convert what can now be done in
the laboratory into  a production line
automobile. This man, who is a prod-
uct  of an American industry  whose
great genius is mass  production,  is
now telling us that  what is possible
                in the laboratory cannot be converted
                to the mass production line in 5 years.
                  I  can remember,  when  the astro-
                nauts were  burned  in their  space
                vehicle in  Cape  Kennedy,  how  long
                it took to  completely change the sys-
                tem  so a  safe one  could  be sent to
                the moon.
                  Let me  give  the  Senator  another
                piece  of  information. Then he  may
                respond.  This  information  concerns
                the  clean  car race  of a  short  time
                ago.
                  I read from this report:
                 When tha  Wayne State  University  entry
                reached California, it was tested for pollution
                control. The results, after this 3600-mile race,
                showed tbat the student-modified internal com-
                bustion engine,  using nonleaded  gasoline, sur-
                passed not only the proposed  1975 Federal
                standards—

                  And by  that  is  meant the  ones
                agreed to by the administration—
                but were far below  the proposed 1980 Federal
                standards—

                which the  subcommittee  has  recom-
                mended be  advanced for 1975.
                  So  these  students  were able  to
                achieve what the automobile industry
                tells  us they cannot achieve.
                  Mr.  GRIFFIN.  Mr.  President,  I
                wish to respond briefly; I shall have
                more to say tomorrow. I am aware of
                the fact that the automobile industry
                has made, and is making, great prog-
                ress  in the  effort to reduce auto ex-
                haust pollution.
                  Is  it not the case  that a 70-percent
                reduction  in  the  auto exhaust pol-
                lution has been achieved, or is be-
                ing achieved, as measured by stand-
                ards already set? And is  it not true
                that  the  provision of this  bill would
                require what amounts to  a further
                reduction by 90  percent of the 30 per-
                cent  that has not yet been achieved?
                Roughly, is that not  a fair statement?
                  Mr. MUSKIE.   I  think  that  is
                roughly so;  yes.  I will check the exact

-------
               STATUTES  AND LEGISLATIVE  HISTORY
                              1507
figures, but I  am prepared to accept
that.
  Mr.  GRIFFIN. Although  the  Sen-
ator from Maine has read some por-
tions  of a  letter,  I  shall make the
statement—on the basis of  informa-
tion that I have been able to gather—
that the technology  is  not  available
today  to meet the  standards set in
this bill, and  it appears  to me that
the Senator from Maine and his  com-
mittee have only a  pious hope  that
the technology can be  available for
cars to be produced in 1975.
  To suggest that 1975 is a long time
away,  with all due respect, is to in-
dicate  not  very much  acquaintance
with  the  automobile  industry   and
what is involved in producing automo-
biles.
  Mr.  MUSKIE. Mr. President,  will
the Senator yield? Is it all right for
the Senator from  Maine to  rely on
the testimony  of the industry spokes-
man in 1967?
  Mr.  GRIFFIN. It takes a long time
from the drawing board stage to make
a major
                         [p. 32905]

or significant change in an automobile
—a long time until  it  rolls off the
assembly line. That  fact must  not
be  overlooked  because  it can  mean
a great deal to those who work in the
automobile  industry. In fact, I under-
stand that  it can take as much  as 43
months to incorporate a major change
into an automobile.
  So,  while the  committee may  say
that it is  giving the automobile in-
dustry until 1975,  it  is  not—because
the industry must have the know-how
and begin making such a change long
before 1975. Indeed, it may be neces-
sary to have the technology perfected
and ready to incorporate into an auto-
mobile 43  months  before the  final
product begins to  roll  off the  1975
assembly line.
  Mr.  MUSKIE. Mr. President,  will
the Senator yield?
  Mr.  GRIFFIN. And then the Sen-
ator says, in effect, that if the indus-
try cannot do that, it can  come back
to  Congress  for  what  essentially
would be a political decision.
  Mr.  MUS'KIE.  Will   the  Senator
yield?
  Mr. GRIFFIN. I think that is very
unwise.
  Mr.  MUSKIE.  Will   the  Senator
yield?
  Mr.  GRIFFIN. I want to  make it
very clear, I think the goal is  fine.
But the policy we establish should be
administered by those with some de-
gree of technical competence—by peo-
ple who have some basis for judging
the state of the art—who will  not
have to come back to Congress  and
make a political appeal.
  Another point that I wish to make
is this: under the bill,  I understand
that economic feasibility is not a fac-
tor. Accordingly,  if it cost  $15,000 or
$20,000 to produce an automobile to
meet the  standards,  that would  not
be taken into account, as I understand
this bill.
  Mr. MUSKIE. Is that a figure that
the industry has authorized?
  Mr. GRIFFIN. No, I  am just say-
ing if  it  should  cost that  much, it
would not make any difference.
  Mr.  MUSKIE. The  Senator from
Maine does not use figures that light-
ly.
  Mr.  GRIFFIN. Will it?
  Mr.  MUSKIE. I do  not know.  I
do not think anyone knows.
  Mr. GRIFFIN. Should it be talked
about then? Does the Senator from
Maine know what it would  cost?
  Mr.  MUSKIE. No. I said  in  my
statement—I have  not  hidden  any-
thing—that  our  responsibility  is to
tell  the  industry what  the public
health requires. If the Senator thinks
the industry ought to make that pub-

-------
1508
LEGAL COMPILATION—AIR
lie health decision, I do not agree with
him.  If  he says  that the  industry
should tell us—and that not  until  the
industry tells  us it can  build  this
automobile  should we require  it—
that I do not agree with him.
  Where would the Senator place a
decision  of such  importance to  the
public health?  In the  boards  of  di-
rectors  of  these  great motor  com-
panies? Does  Congress have no  re-
sponsibility?
  We began talking  to the  industry
about this problem in 1964,  not just
recently.  The   Senator   speaks  as
though  we  had only  a nodding  ac-
quaintance with this problem, the  in-
dustry attitudes and the development
of technology over the years.  We have
been  working  on  this  matter for 7
years. I have been in Detroit. I have
been  in  the laboratories  of all  the
companies.  They  have  not hesitated
to bring their prototypes  here.
  We have  tried to get all of the  in-
sight into and feel for the companies'
capability in this  area that we could,
but I will say  in  frankness  that  the
industry has never, during  all  these
years, shown  any sense  of urgency
about anything except  the preserva-
tion of the internal combustion engine
—no real  push  to do anything else, or
to explore any  other technology,  be-
cause they have said, "We can  clean
up the internal  combustion engine."
  They told us  that in 1964; they told
us that in 1965; they have told us that
on innumerable occasions. So we  are
not talking about 5 years between now
and  1975;  we  are talking about  the
years between  1964 and  1975,  when
they should  have generated the feeling
of urgency.
  Sure, we  set  a target for  them, an
informal one: "You have  got to clean
up  the  automobile." Did  that create
a  feeling of urgency? The Senator
says  they  can  do it in  43  months;
why did they not  do it in 43 months?
                 Mr.  GRIFFIN. The Senator  mis-
               understood  me.  I said it  could  take
               43  months  from the  time the tech-
               nology is available.
                 Mr.  MUSKIE. I doubt  that. That
               is inconsistent with Mr. Mann's tes-
               timony of 1967 that I read. He said:
                 What  I  have referred to  in the preceding
               paragraph takes approximately two years.

                 They are  up to 43 months now that
               they are under the gun. At the  time
               of Mr. Mann's testimony, was oppos-
               ing proposals giving the  States  au-
               thority  to  set different standards in
               every State. I did not put these words
               in his mouth;  he  stated them.
                 It is not  this  committee's responsi-
               bility to perfect the  technology re-
               quired by this deadline.  That we ought
               to have some feel for it, that we ought
               to have some understanding of the in-
               dustry's  problems, that we ought not
               to do it  hastily or  arbitrarily, I will
               concede as a measure of congressional
               responsibility.  But   we  have  been
               working on this matter since 1964.
               The Senator might look at our hear-
               ings over  the years,  and  judge for
               himself why I have tried to communi-
               cate a sense of urgency to this indus-
               try.
                 Mr.  GRIFFIN. Did  the  committee
               have any hearings  in  this  session on
               this problem  as  to  the state  of the
               art—on  the likelihood or  possibility
               that this goal  can be reached by 1975?
                 Mr.  MUSKIE. Yes,  we  had testi-
               mony  jointly before  the  Commerce
               Committee and before  our committee
               from the automobile companies on the
               state of the art.  With  respect to this
               specific deadline, no.
                 Mr.  GRIFFIN. On  this  particular
               bill?
                 Mr. MUSKIE.  Yes,  but not on this
               specific  deadline.
                 Mr.  GRIFFIN. As to whether this
               deadline was  realistic?
                 Mr.  MUSKIE. No.

-------
                STATUTES AND LEGISLATIVE  HISTORY
                              1509
  Mr. GRIFFIN. No hearings?
  Mr.  MUSK IE.  The  deadline  is
based not, I repeat, on economic tech-
nological  feasibility,  but on  consid-
erations of public health. We think, on
the basis of the exposure we have had
to this problem, that this is  a neces-
sary and  reasonable  standard to im-
pose upon the  industry. If the  in-
dustry cannot meet it, they can come
back.
  I  think that,  in  terms of  public
health, if we do  not  say that this  is
necessary, there  is nobody to say it.
But on  the  question  of  technological
and economic feasibility, there are all
kinds of people who complain that it
cannot be done. We are the only ones
who can  say  to the automobile indus-
try, and make it stick, "The  public
health requires this."
  That  is what  this  bill  says, and
nothing more.
  Why does not  the industry say,  if
it wants us to make a  technological
judgment, "All right, we will try, and
we  will come back in 1973, and let us
both take a look at it then." No, they
want us  to make that judgment now.
  Mr. GRIFFIN. I  want to be sure
the distinguished Senator from  Dela-
ware has  time to make his statement.
I would not say this bill plays "Rus-
sian roulette"—let me  say  it  plays
"economic roulette," with millions of
jobs in the automobile industry. With-
out  adequate  expertise, without the
kind of scientific knowledge  that  is
needed—with  the hearings that are
necessary and expected, this bill would
write into legislative concrete require-
ments  that  can  be  impossible—and
that will  literally force an  industry
out  of existence.  That  may be  fine
for the Senator  from  Maine to ad-
vocate	
  Mr. MUSKIE. Mr. President, I have
not said that nor  advocated that.
  Mr. GRIFFIN. I want  to  remind
the Senate that a great many jobs are
involved. One job out of seven in the
United States depends directly or in-
directly, on  the manufacture, sale, or
service of automobiles.
  Mr. MUSKTE.  Mr. President, will
the Senator yield?
  Mr. GRIFFIN. I yield.
  Mr.  MUSKIE. The  Senator com-
plains when he says I distort what he
says. I thought I had made it eminent-
ly clear that I was not saying what
he has just put in my mouth.
  What I  said—I  will  repeat it to
make it clear—is that in the judgment
of this committee—this includes  Sen-
ators from the Senator's side of the
aisle—some  of a pretty conservative
political  persuasion—that  Congress
has the duty to  say, "This is what
ought to be done in the  interests of
the health of the country."  If it can-
not be done, if the industry has made
a good faith effort, it can come back
to Congress.
  We speak of Russian  roulette.  If it
is really that  choice—and  I do  not
agree that  it is—I  would rather play
Russian roulette with the automobile
companies than with the trapped in-
habitants  of  urban America. Their
health is involved.
  But it is not a question of Russian
roulette, and no amount of  rhetorical
exaggeration can make  it that. What
we  are  talking about  is very clear
and simple.  We are saying  that Con-
gress, in the interest of public health,
should say to the country and to the
industry that this is what that health
requires. Then industry  should  go to
work over the next 5 years
                           [p. 32906]

to either make it  possible or, if it
proves to be impossible, ask Congress
to change the policy.
  That  is all there is here, and  it is
tough. The Senator thinks it is tough,
and  we understand it  is tough.  We
have  no desire to be  unreasonable.

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1510
LEGAL COMPILATION—Am
Does the Senator tell me that Senator
JOHN COOPER is an unreasonable man,
or Senator CALEB BOGGS, or the other
Senators on this committee? They are
thoughtful men, and they have given
this  matter thoughtful consideration,
and they were not engaged in a game
of Russian roulette.
  Mr.  BOGGs. Mr.  President, I com-
mend  the distinguished chairman of
the subcommittee,  the  floor  manager
of this bill, on  his  excellent  opening
statement. He has  ably and carefully
covered the intention of the committee
as well as the provisions of the bill.
  I wish to express my  strong support
for S.  4358, a bill that is  intended to
help bring clean air to  every city and
town in the United States.
  This measure  may  be the  most
important to be considered by the Sen-
ate this year, charting, as it  does, a
path toward a  better  quality of life
in  America.   As   President   Nixon
stated  on the  first  morning  of  this
decade:
  The 1970's absolutely must be the years when
America pays its debt to the past by reclaim-
ing the  purity of its air, its waters, and our
living environment. It is literally now or never.

  The  amendments to  the Clean Air
Act seek to answer the President's call
by improving existing laws and devel-
oping  a method to insure that the air
of the  United States attains  a level
of  purity  compatible  with   public
health.
  The   proposed  legislation   incor-
porates  many  of the  best proposals
offered by Members of the Senate, in
particular the distinguished chairman
of  the  Subcommittee  on  Air  and
Water  Pollution (Mr.  MUSKIE).  The
testimony during  11  days  of hear-
ings was also most valuable in shap-
ing this legislation.
  Yet  much of the  basic outline  for
S. 4358 was established by President
Nixon in his thoughtful  message on
the environment last February.
                 Mr. President, I ask unanimous con-
               sent that the President's February 10
               environmental  message  to  Congress
               be printed in the  RECORD at the con-
               clusion  of my remarks.
                 The PRESIDING OFFICER. With-
               out objection, it is so ordered.
                 (See  exhibit 1.)
                 Mr.  BOGGS.  In  addition,  I ask
               unanimous  consent that the  Council
               on  Environmental  Quality's  discus-
               sion on  air pollution in its first annual
               report  be printed in the RECORD at
               the conclusion  of  my remarks.
                 The PRESIDING OFFICER. With-
               out objection, it is so ordered.
                  (See  exhibit 2.)
                 Mr. BOGGS. At this point, I would
               like to discuss  some of the President's
               proposals and the manner  in which
               they  were incorporated  into the com-
               mittee's bill.
                 One of President Nixon's most sig-
               nificant proposals called for  estab-
               lishing  national ambient air quality
               standards. This bill incorporates that
               proposal, seeking to  insure  that the
               air around us will  be  protective of
               health  in every corner of the nation.
                 President Nixon asked Congress to
               accelerate  the  designation  of  air
               quality control regions.  This measure
               requires, 90  days after  passage, that
               air   pollution  control   regions  be
               created to cover every portion of the
               Nation.
                 President Nixon's  program for air
               pollution control  sought to  establish
               national  emission  standards for pol-
               lutants  of  an extremely  hazardous
               character, as well as national stand-
               ards  of performance for major classi-
               fications  of  new  facilities.  The pro-
               posed legislation  gives  the  President
               authority in both  of  these areas.
                 President Nixon sought Federal en-
               forcement authority  covering  intra-
               state violations in addition to author-
               ity  over interstate   violations.  This
               bill   extends  that  authority to  the

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                STATUTES AND  LEGISLATIVE HISTORY
                               1511
President,  while maintaining  a pri-
mary  enforcement  reliance  at  the
State level.
  President Nixon sought  court  im-
posed fines of up to  $10,000 per day
for violation of emission requirements.
It was the committee's judgment that
a  penalty  of up to  $25,000 per day
would prove more effective.
  President Nixon in February  an-
nounced  that  more  stringent  motor
vehicle  emission  standards for  the
1975 model year would  be adopted.
This bill for the first time writes into
law  specific standards   intended  to
enhance  air  quality  and to place  a
virtually pollution-free car on the Na-
tion's highways by 1975.
  President  Nixon's  environmental
program sought new procedures to in-
spect new cars on the assembly line to
assure that they meet the  low-pollu-
tion  standard.  This  measure  adopts
procedures for assembly  line testing,
and  adds a provision requiring war-
ranty of air pollution  control perform-
ance for 50,000 miles.
  President Nixon sought authority
to regulate fuels and fuel additives.
The  proposed legislation  gives S'T*^
authority,  tempered with a necessity
that the need for such regulation  be
examined  in public  hearings  if  the
Secretary seeks to control or prohibit
use of a fuel  for reasons other than
the protection of health.
  President Nixon  sought  financial
support for research  and  development
of low-pollution vehicles driven by un-
conventional power sources. This  bill
expands the air pollution control pro-
gram to support such  research and
development on  an accelerated basis.
These  points, I  believe,  demonstrate
the tremendous  contribution the  ad-
ministration has  made to the shaping
of this  legislation.
  There is one  other section of this
bill  I  would like to mention. It is
a section that has not received broad
public attention, yet it is a vital pro-
vision of the bill. This is section 118,
dealing  with the control of pollution
from  Federal  facilities.  President
Nixon has pledged his support for ef-
fective pollution abatement at Federal
facilities.  This section of the bill re-
inforces  the  President's  stand and
encourages publicly  owned  and oper-
ated facilities  across our  Nation  to
become  models of environmental  en-
hancement and pollution control.
  The key word  is "leadership." For
that is what the proposed  legislation
seeks to create—a method  and pat-
tern for  national leadership  in  the
fight to preserve  and  enhance our
environment. This legislation may  be
characterized  as  tough.  But a  tough
bill is essential to meet the vast chal-
lenge facing us.
  It is a  workable and  realistic bill,
taken as a  whole. Yet  I know there
are provisions in the bill that raise
some  concern among my colleagues,
as the Senator from Michigan (Mr.
GRIFFIN)  just  stated.
  One  involves the  warranty provi-
sion incorporated into section 207  (c)
of the bill.  The  full Committee  on
Public Works amended  the warranty
provision  that had been reported  by
the Subcommittee on Air and Water
Pollution, and I believe  the full com-
mittee's change greatly improves this
section,  strengthening  the  warranty
by making it more realistic.
  Yet there remains a  question over
whether  the performance of the air
pollution  control  system  should  be
warranted, as proposed in the bill, or
whether the warranty  should extend
to the materials, the design, and the
workmanship  used to create that pol-
lution control system.
  The second concern of some mag-
nitude involves the procedure  to  be
employed  to extend  the deadline  for
marketing a  car  that  will  meet  the
standard  established  under  section

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1512
LEGAL COMPILATION—AIR
202(b)  (1)  and (2). The  Committee
on Public Works added to section 202
 a  provision  suggested by   Senator
COOPER and Senator BAKER. This pro-
vision, section 202 (b) (4) would allow
a vehicle manufacturer to seek a 1-year
extension in the deadline if  effective
control  technology does not exist. The
Secretary's decision  on the extension
could be appealed  to the U.S. Court
of  Appeals  for the  District of  Co-
lumbia.
  I commend the distinguished rank-
ing Republican member of the com-
mittee  (Mr. COOPER) and  my  distin-
guished  colleague  (Mr. BAKER)  for
their  work  on  this provision. Such  a
review procedure is needed to prevent
chaos in the event that the  automobile
industry makes every possible effort
to achieve  a 90-percent reduction  in
emissions and still cannot achieve that
goal.
  The  distinguished   Senator  from
Kansas  (Mr. DOLE)  has indicated in
his individual views that he will offer
an  amendment that  will  bring  the
Congress into that  review procedure.
It is  my thought  that congressional
review  is  more appropriate  in light
of the responsibility assumed by  the
Congress in setting a specific stand-
ard. Nevertheless, I want to  reiterate
my view that the committee was wise
to provide such a  possible extension,
with  safeguards,  whether  that  ex-
tension  is  reviewed by the Congress
or the courts.
  In  closing, Mr.  President, I wish
to commend my colleagues on  the Sub-
committee  on Air  and Water Pollu-
tion and the full Committee on Public
Works for their vigorous and  thought-
ful attention to  this  bill  over  the
past several months. The  committee
and subcommittee devoted many long
hours  in  numerous   executive  ses-
sions  in consideration of this legisla-
tion,  working  together  to  create  a
bill that  will  prove  to be  effective
                and  workable.  The  leadership  pro-
                vided  by  the chairman  of the  full
                committee  (Mr.
                                           [p. 32907]

                RANDOLPH),  the  ranking member of
                the full committee (Mr. COOPER), and
                in  particular,  the chairman  of the
                subcommittee  (Mr.   MUSKIE),   has
                been  an inspiration  to every member
                of the  committee.  Their leadership in
                the effort to meet the challenge of air
                pollution has produced what  I  con-
                sider to be  a  responsible and thought-
                ful bill. I commend them.
                 In  addition, I would like to thank
                the staff members of the committee,
                as well as the staffs for various mem-
                bers  of the  committee for  their ef-
                forts to assist the committee in per-
                fecting this legislation.
                 Mr. President, in  closing I wish to
                commend this legislation to  my col-
                leagues  for   their  consideration.  I
                know there will be amendments  seek-
                ing  to  strengthen  and improve this
                bill.  Undoubtedly  many   provisions
                will also receive  attention  in  confer-
                ence  with  the  House,  which   has
                adopted  legislation  that  has  many
                differences with this bill. I shall listen
                carefully to the debate, as  I know it
                will result in  legislation that will  have
                a beneficial impact for the  decade of
                the 1970's and beyond. I urge support
                of this  important legislation.

                              EXHIBIT 1
                THE  PRESIDENT'S MESSAGE  ON  THE ENVIRON-
                        MENT, FEBRUARY 10. 1970
                To the Conareal  of the United States:
                 Like those in  the last century  who tilled a
                plot of  land  to exhaustion and  then moved
                on to another,  we  in this century have too
                casually  and too long  abused  our natural
                environment.  The time  has come  when  we
                can wait no longer  to repair  the damage
                already done, and to establish new criteria
                to guide  us in the future.
                 The  fight against pollution, however,  is not
                a search for villains. For the most part, the
                damage done to  our environment has  not been
                the work of evil men,  nor has it  been the in-

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                     STATUTES AND  LEGISLATIVE  HISTORY
                                       1513
evitable  by-product either  of advancing tech-
nology or of growing population. It results  not
so much  from choices made, as from choices
neglected; not from malign intention, but from
failure  to take  into  account  the  full  conse-
quences of our actions.
  Quite  inadvertently,  by  ignoring  environ-
mental  costs we have  given an economic  ad-
vantage  to the careless polluter over his more
conscientious rival. While  adopting laws pro-
hibiting injury to person or property, we have
freely allowed  injury  to  our shared surround-
ings. Conditioned by an expanding frontier, we
came only late to a recognition of  how pre-
cious and how  vulnerable  our resources   of
land, water and air really are.
  The tasks that need doing require money, re-
solve and  ingenuity—and they  are  too  big to
be  done by  government alone. They call  for
fundamentally  new philosophies of  land,  air
and water use,  for stricter regulation, for  ex-
panded  government action,  for greater  citizen
involvement  and for new  programs  to  ensure
that government,  industry  and individuals  all
are called  on to  do their share of the job  and
to pay  their share of the cost,
  Because the  many aspects of environmental
quality  are closely  interwoven,  to consider each
in  isolation would be  unwise. Therefore, I  am
today outlining a comprehensive, 37-point pro-
gram, embracing 23 major legislative proposals
and 14  new  measures being  taken  by adminis-
trative  action  or  Executive  Order  in five  ma-
jor categories:
  Water pollution control.
  Air pollution control.
  Solid  waste management.
  Parklands  and public recreation.
  Organizing for action.
  As we  deepen our understanding of complex
ecological  processes, as we improve our tech-
nologies and institutions and learn from  ex-
perience, much more will be possible. But these
37  measures represent  actions  we  can  take
now, and  that  can move us  dramatically  for-
ward toward what has become an urgent com-
mon goal  of all Americans: the rescue of  our
natural  habitat as a  place both habitable  and
hospitable to man.

               WATER POLLUTION

  Water  pollution has three principal sources:
municipal,  industrial  and  agricultural  wastes.
All three  must eventually be  controlled if we
are to  restore the purity  of our  lakes  and
rivers.
  Of these three, the most troublesome  to  con-
trol are those from agricultural sources: animal
wastes,  eroded soil, fertilizers and  pesticides.
Some of these are nature's own pollutions.  The
Missouri River  was  known  as "Big  Muddy"
long before towns and industries  were  built
 on its banks. But  many of the same techniques
of  pest  control,  livestock  feeding,  irrigation
and soil fertilization  that have made  American
agriculture so abundantly productive  have also
caused serious water  pollution.
  Effective  control  will  take  time,  and  will
require action on many fronts: modified agri-
cultural  practices, greater  care  in  the  dis-
posal  of animal  wastes, better soil conservation
methods, new kinds of fertilizers, new chemical
pesticides and more widespread use of  natural
pest control  techniques.  A number of such ac-
tions  are already underway.  We  have taken
action to  phase  out  the use of DDT  and other
hard  pesticides.  We  have begun to place  con-
trols on wastes  from concentrated animal feed-
lots. We need programs of  intensified research,
both public  and private,  to  develop new meth-
ods  of reducing  agricultural  pollution  while
maintaining productivity.  I  have asked  The
Council on Environmental Quality to  press for-
ward   in  this area.  Meanwhile,  however, we
have   the  technology  and  the  resources  to
proceed now on a program of swift clean-up
of  pollution from the most acutely  damaging
sources:  municipal and  industrial waste.

              Municipal wastes

  As  long as we have the means  to do some-
thing  about it,  there is no good  reason  why
municipal pollution  of  our  waters  should  be
allowed to  persist unchecked.
  In  the four  years since  the  Clean  Waters
Restoration  Act of  1966 was passed, we  have
fai]ed to  keep our promises to  ourselves:  Fed-
eral appropriations  for constructing  municipal
treatment plants  have totaled  only about one-
third  of  authorizations,  Municipalities them-
selves have  faced increasing difficulty in selling
bonds to finance their share of the construction
costs.  Given the saturated  condition  of today's
municipal bond  markets, if a clean-up program
is  to  work  it  has   to  provide the  means  by
which municipalities can  finance their share
of  the cost even as we  increase Federal ex-
penditures.
  The best  current estimate is that it will take
a total capital  investment of about  $10 billion
over  a five-year period to provide the munici-
pal waste   treatment plants  and  interceptor
lines  needed to  meet our national water quality
standards. This figure is based on a recently-
completed nationwide survey of the deficiencies
of  present  facilities,  plus  projections  of  addi-
tional needs that will have developed  by then
—to  accommodate the normal annual  increase
in  the volume of wastes, and to replace equip-
ment that   can be  expected  to  wear  out or
become  obsolete in  the interim.
  This will  provide every community that needs
it  with secondary  waste treatment, and  also
special, additional treatment in areas of special
 need, including  communities  on   the  Great
Lakes. We  have  the industrial capacity to do
 the job in  five years if  we begin now.
   To  meet  this construction  schedule, I pro-

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1514
LEGAL  COMPILATION—Am
pose a two-part program of Federal assistance:
  —/ propose a Clean Waters Act with $4 bil-
    lion to  be authorized immediately, for Fis-
    cal 1971, to cover the full Federal share of
    the  total $10  billion  cost  on  a matching
    fund basis. This would  be allocated  at  a
    rate of $1  billion a year for the next four
    years with a reassessment in 1973 of needs
    for 1975 and  subsequent years.
  By thus assuring communities of full Federal
support, we can enable planning to begin now
for  all  needed  facilities  and  construction  to
proceed  at  an  accelerated rate.
  —/ propose creation of a new Environmental
    Financing  Authority,  to ensure that every
    municipality in the country has an oppor-
    tunity  to  sell its  waste treatment plant
    construction bonds.
  The condition of the  municipal bond  market
is such  that,  in 1969, 509 issues totaling $2.9
billion proved unsalable. If a municipality can-
not  sell  waste treatment  plant  construction
bonds,  EFA will buy  them and  will  sell  its
own bonds  on  the taxable market. Thus, con-
struction of  pollution  control  facilities will
depend  not on a community's  credit  rating,
but  on  its  waste disposal needs.
  Providing money  is  important, but  equally
important  is where  and  how the money  ia
spent. A river  cannot  be polluted on  its left
bank and clean on its right. In a given water-
way, abating some  of the  pollution is often
little better than doing  nothing  at all,  and
money  spent on  such  partial  efforts is often
largely  wasted. Present grant allocation for-
mulas—those in the  1966 Act—have prevented
the  spending of  funds where  they could pro-
duce the greatest results  in  terms  of  clean
water.  Too little attention  has  been  given
to seeing  that investments in  specific waste
treatment plants  have  been matched by other
municipalities   and  industries  on  the  same
-waterway.  Many  plants have  been poorly de-
signed  and inefficiently  operated. Some mu-
nicipalities have  offered free treatment to  lo-
cal  industries,  then  not  treated their  wastes
sufficiently  to  prevent  pollution.
  To ensure that the new  funds  are well  in-
vested,  five major reforms are needed. One  re-
quires  legislation:   the  other  four  will  be
achieved by administrative action.
  —I propose  that  the present,  rigid alloca-
     tion formula  be  revised,  so  that  special
     emphasis  can  be  given to  areas  where
     faculties are most needed  and where ike
     greatest  improvements  in  water  quality
     will result.
   Under existing authority, the Secretary  of
the  Interior will  institute four major reforms:
  —Federally  assisted treatment  plants  ivitt
     be required to meet prescribed design, op-
     eration and maintenance standards, and to
     be  operated  only  by  State-certified op-
     erators.
                      —Municipalities receiving Federal assistance
                        in construction  plants will  be required to
                        improve  reasonable users'  fees on  indus-
                        trial users sufficient to meet  the costs of
                        treating  industrial wastes.
                      —Development of comprehensive river basin
                        plans will be required at an early date, to
                        ensure that  Federally  assisted treatment
                        plants will in  fact contribute to  effective
                        clean-up  of entire river  basin  systems. Col-
                        lection of existing data on pollution sources
                        and development of effluent inventories  will
                        permit  systems  approaches  to  pollution
                        control.
                      —wherever feasible,  communities  will   be
                        strongly  encouraged  to  cooperate in  the
                        construction  of large  regional treatment
                        facilities, which provide economies of scale
                        and give more  efficient and  more thorough
                        waste  treatment.

                                 Industrial Pollution

                      Some industries discharge their wastes into
                    municipal systems; others dis-
                                                      [p.  32908]

                    charge  them  directly  into  lakes   and  rivers.
                    Obviously,  unless  we   curb  industrial as  well
                    as municipal pollution our  waters will  never
                    be clean.
                      Industry itself has  recognized  the  problem,
                    and  many industrial  firms  are  making vigor-
                    ous efforts to control their water-borne wastes.
                    But strict standards and strict enforcement are
                    nevertheless necessary—not only to ensure com-
                    pliance, but also in  fairness to  those  who have
                    voluntarily  assumed the  often  costly  burden
                    while their competitors have not. Good neigh-
                    bors should not be  placed at a competitive  dis-
                    advantage  because of their good neighborliness.
                      Under existing law, standards for water  pol-
                    lution control often are established in only the
                    most general and  insufficient  terms:  for  ex-
                    ample,  by requiring all  affected  industries to
                    install  secondary  treatment  facilities.  This
                    approach takes little  account of  such  crucial
                    variables  as  the volume  and  toxicity  of  the
                    wastes  actually being discharged, or  the  ca-
                    pacity of a particular  body  of water  to absorb
                    wastes  without becoming polluted. Even more
                    important, it provides a poor basis for enforce-
                    ment: with  no effluent standard  by which to
                    measure,  it is difficult to prove in court that
                    standards  are being violated.
                      The present fragmenting of jurisdictions  also
                    has  hindered comprehensive efforts.  At pres-
                    ent,  Federal  jurisdiction generally extends only
                    to interstate waters. One result has  been that
                    as stricter State-Federal  standards have  been
                    imposed,  pollution  has  actually  increased in
                    some other  waters—in  underground aquifers
                    and  the  oceans.  As  controls  over  interstate
                    waters  are tightened,  polluting industries  will

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                     STATUTES AND  LEGISLATIVE  HISTORY
                                       1515
be increasingly tempted to locate on intrastate
lakes and rivers—with a consequently increased
threat  to those waterways—unless they too are
brought  under the same  strictures.
  I propose that we take an entirely  new ap-
proach:  one which concerts Federal, State and
private  efforts,  which  provides  for  effective
nationwide enforcement,  and which  rests on a
simple but profoundly significant principle: that
the nation's  waterways belong to us all,  and
that neither a  municipality nor an  industry
should  be allowed  to discharge wastes  into
those waterways beyond  their  capacity  to ab-
sorb the wastes without  becoming polluted.
  Specifically,  I propose  a seven-point pro-
gram of measures we should adopt now to en-
force control of water pollution from industrial
and  municipal wastes, and to  give  the  States
more effective backing in  their own efforts.
  —/ propose that State-Federal  water quality
    standards  be amended to  impose precise
    effluent requirements  on all industrial and
    municipal  sources.  These  should  be  im-
    posed on  an  expeditious  timetable, with
    the  limit  for each based on  a {air  alloca-
    tion of the total capacity of  the waterway
    to  absorb the  user's  particular  kind  of
    waste without becoming polluted.
  —7  propose  that  violation  of  established
    effluent  requirements  be  considered  suf-
    ficient cause for  court action.
  —7  propose that the  Secretary of the In-
    terior be  allowed to proceed more swiftly
    in  his  enforcement  actions,  and that  he
     be   given  new  legal  weapons  including
    subpoena and discovery power.
  •—7 propose  that  failure to meet  established
    water quality standards or implementation
    schedules be made subject to  court-imposed
     fines of up to $10,000 per  day.
  —/ propose that  the Secretary of the Inte-
    rior  be authorized  to seek  immediate in-
    junctive relief in emergency situations  in
    which severe water pollution  constitutes an
    imminent  danger to  health,  or threatens
    irreversible damage to water quality,
  —7 propose that the Federal pollution-control
     program  be extended  to include  all navi-
    gable waters, both inter- and intrastate,  all
    interstate ground waters, the United States'
     portion of boundary  waters,  and waters of
     the  Contiguous Zone.
  —7 propose that Federal operating grants to
     State  pollution control enforcement agen-
     cies be tripled  over the next five years—
     from  $10  million now to t!0  million  in
     fiscal year 1975—to assist them  in meeting
     the  new  responsibilities that stricter and
     expanded  enforcement  will place  upon
     them.

            AIR POLLUTION CONTROL

   Air  is our  most vital  resource, and its pol-
 lution is our  most serious environmental prob-
lem. Existing technology  for the control  of air
pollution is less  advanced than that for con-
trolling water  pollution,  but there is  a great
deal we  can do  within  the  limits of  existing
technology—and more we can  do to spur tech-
nological advance.
  Most air  pollution  is produced by the burn-
ing of fuels. About half  is produced by  motor
vehicles.

                Motor vehicles

  The Federal  Government began  regulating
automobile  emissions of  carbon monoxide  and
hydrocarbons with  the 1968 model  year. Stand-
ards for  1970 model  cars have been made  sig-
nificantly tighter. This year, for the first time,
emissions  from  new  buses  and  heavy-duty
trucks have also been brought under Federal
regulation.
  In future years, emission levels can and must
be  brought much lower.
  The Secretary  of  Health,   Education  and
Welfare  is  today publishing a notice  of new,
considerably more stringent motor vehicle emis-
sion  standards  he  intends  to issue  for 197S
and 1975 models including control of nitrogen
oxides by 197S and of particulate emissions by
1975.
  These  new  standards  represent our best
present estimate of the lowest emission levels
attainable  by those years.
  Effective  control  requires  new legislation to
correct two key deficiencies in  the present law:
  (a)  Testing procedures.—Under present law,
only  manufacturers'  prototype  vehicles  are
tested for compliance with emission standards*
and even this is voluntary  rather than man-
datory.
  7  propose legislation  requiring  that  repre-
sentative samples of  actual production vehicles
be  tested throughout the model year.
   (b) Fuel composition  and  additives.—What
goes  into  a car's  fuel has  a  major effect on
what comes out of  its  exhaust, and also on
what  kinds of  pollution-control  devices  can
effectively  be employed.  Federal standards for
what conies out of  a car's engine should be
accompanied by standards for what goes  into
it.
  7 propose legislation  authorizing  the  Secre-
tary of Health, Education and Welfare to regu-
late fuel composition and additives.
  With these changes, we can drastically  re-
duce pollution from motor vehicles in the years
just  ahead. But in  making  and  keeping our
peace with  nature,  to plan only one year ahead
or  even five is hardly  to  plan  at all.  Our
responsibility now is also to  look beyond the
Seventies, and the  prospects then are uncertain.
Based on  present  trends, it  is quite possible
that by 1980 the increase in the sheer number
of  cars in  densely populated  areas will begin
outrunning the technological limits of our ca-
pacity to  reduce pollution  from  the internal

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 1516
LEGAL  COMPILATION—AIR
combustion engine. I hope this will not happen.
I hope  the automobile industry's  presently de-
termined effort to make the internal combustion
engine  sufficiently pollution-free succeeds.  But
if it does  not, then unless motor  vehicles with
an  alternative, low-pollution power source are
available,  vehicle-caused  pollution  will  once
again begin an inexorable increase.
  Therefore, prudence dictates  that  we move
now to ensure  that such  a  vehicle  will  be
available if needed.
  I  am inaugurating  a  program to marshal
both  government  and  private  research  with
the  goal  of producing  an  unconventionally
powered   virtually   pollution-free  automobile
within five years.
  —/ have ordered the  start of  an extensive
    Federal research and development program
    in unconventional vehicles, to be conducted
    under  the general  direction of the Council
    on  Environmental  Quality.
  —As an incentive  to private  developers, 1
    have ordered  that  the Federal Government
    should undertake the purchase of privately
    produced unconventional vehicles  for test-
    ing and evaluation.

  A proposal  currently  before  the  Congress
would  provide a  further incentive to  private
developers by authorizing the  Federal  govern-
ment to offer  premium  prices for purchasing
low-pollution cars for  its own use. This could
be  a  highly productive program  once  such
automobiles  are  approaching development,  al-
though current  estimates  are  that,  initially,
prices  offered  would  have  to  be up  to 200%
of  the  cost of equivalent conventional vehicles
rather than  the 125% contemplated in the pro-
posed legislation.  The immediate task, however,
is to see  tbat  an  intensified  program  of  re-
search and development  begins at once.
  One encouraging  aspect of the effort to curb
motor  vehicle pollution is the  extent to which
industry itself ia  taking  the initiative.  For ex-
ample,  the nation's principal automobile manu-
facturers are not only developing devices now
to  meet present  and  future  Federal emission
standards,  but  are also,  on their own initia-
tive, preparing to put on the market by 1972
automobiles  which  will  not  require  and,  in-
deed, must not use leaded gasoline. Such cars
will not only discharge no lead into the atmos-
phere,  but  will  alfo  be equipped  with  still
more effective devices for controlling emissions
—devices made  possible by the use of lead-free
gasoline.
  This  is  a great forward  step  taken  by the
manufacturers before  any  Federal regulation
of lead  additives or emissions has been imposed.
I am confident that the petroleum industry will
see  to  it  that  suitable  non leaded gasoline is
made widely available for these new cars when
they come on the market.
                             Stationary~eource pollution

                     Industries,  power plants, furnaces,  incinera-
                    tors—these  and  other  so-called  "stationary
                    sources" add enormously to the pollution of the
                    air.  In highly industrialized areas, such  pollu-
                    tion can quite literally make breathing hazard-
                    ous to health, and can cause unforeseen atmos-
                    pheric and meteorological  problems as  well.
                     Increasingly,  industry  itself has  been adopt-
                    ing  ambitious pollution-control  programs,  and
                    state and local  authorities have been  setting
                    and enforcing stricter antipollution standards.
                    But they  have not  gone  far  enough or fast
                    enough,  nor,  to be  realistic about  it,  will they
                    be able to without  the strongest possible Fed-
                    eral  backing.  Without  effective  government
                    standards,  industrial  firms  that   spend  the
                    necessary money for pollution control  may  find
                    themselves at a serious economic disadvantage
                    as against their less conscientious  competitors.
                    And without  effective Federal standards, states
                    and communities  that  require  such  controls
                    find themselves at  a  similar disadvantage in
                    attracting industry, against  more permissive
                    rivals. Air is no respecter of  political  bound-
                    aries :  a community  that sets  and  enforces
                    strict  standards  may still  find its  air polluted
                    from sources in another community or another
                    state.
                     Under  the  Clean  Air  Act of  1967,  the Fed-
                    eral  government is  establishing  air  quality
                    control  regions  around   the  nation's  major

                                                     [p. 32909]

                    industrial and metropolitan areas. Within these
                    regions,  states are setting  air quality standards
                    —permissible levels of pollutants in  the air—
                    and developing plans  for  pollution abatement
                    to achieve those air quality standards. All state
                    air quality standards and implementation plans
                    require Federal approval.
                     This program has been  the first major Fed-
                    eral effort to control air pollution. It has been
                    a useful beginning. But  we have learned in
                    the  past two years that  it has shortcomings.
                    Federal  designation of air quality control  re-
                    gions, while necesary in areas  where  emissions
                    from one state are polluting the  air in another,
                    has  been a time-consuming process.  Adjoining
                    states within the same region  often have pro-
                    posed  inconsistent air quality  standards, caus-
                    ing further delays for compromise and revision.
                    There are no provisions for controlling pollu-
                    tion outside of established air quality  control
                    regions.  This means that  even with  the desig-
                    nation of hundreds  of  such regions, some areas
                    of the country with serious air pollution prob-
                    lems would remain outside of  the  program.
                    This is  unfair not only to the public but to
                    many industries  as  well,  since those within
                    regions  with strict requirements could  be un-
                    fairly disadvantaged with  respect to competi-
                    tors that  are not within  regions.  Finally,  In-

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                     STATUTES  AND  LEGISLATIVE HISTORY
                                       1517
sufficient Federal enlorcement powers have cir-
cumscribed the Federal government's ability to
support the states in establishing and enforc-
ing effective abatement programs.
  It is time to build  on what we have learned,
and to begin a more ambitious national effort.
I recommend that the  Clean Air  Act  be  re-
vised to expand the scope of strict pollution
abatement, to simplify the task of industry in
pollution abatement  through more nearly uni-
form  standards, and  to provide special controls
against particularly  dangerous pollutants.
  —/  propose  that  the  Federal  government
    establish nationwide air Quality  standards
    with the states to prepare within one year
    abatement plans for meeting those stand-
    ards.
  This  will provide  a  minimum standard  for
air quality  for  all areas  of the  nation,  while
Permitting states to  set more stringent stand-
ards  for any or all  sections within  the  state.
National air quality  standards will  relieve  the
states of the lengthy  process of standard-setting
under Federal supervision,  and allow them to
concentrate on  the immediate business of  de-
veloping and  implementing abatement plans.
  These  abatement  plans  would cover  areas
both  inside  and outside of  Federally designated
air quality  control  regions, and could  be  de-
signed  to  achieve  any  higher  levels  of  air
quality  which  the  states  might  choose  to
establish. They would  include emission stand-
ards  for stationary sources of air pollution.
  —/ propose that designation of interstate air
    Quality  control  regions  continue   at   an
    accelerated  ratet to  provide  a  framework
    for establishing compatible abatement plans
    in interstate areas.
  —/ propose  that  the  Federal  government
    establish  national  emissions  standards  for
    facilities  that emit  pollutants  extremely
    hazardous to health, and for selected classes
    of new  facilities  which could  be major con-
    tributors to air pollution,
  In  the first instance, national  standards  are
needed to guarantee  the  earliest possible elimi-
nation of certain air pollutants which are clear
health hazards  even in  minute  quantities*  In
the  second  instance,  national standards will
ensure  that advanced abatement technology is
used  in constructing  the new facilities, and
that  levels  of air quality  are  maintained  in
the face  of industrial expansion.  Before any
emissions standards were  established,   public
hearings would be required involving all inter-
ested parties. The States would be  responsible
for enforcing these  standards in  conjunction
with  their own programs.
  /  propose  that Federal authority  to seek
court action be extended to include both  inter'
and intrastate air pollution situations in which,
because  of  local  non-enforcement, air  quality
is below national standards, or in which
sions standards  or implementation timetable*
are being violated.
  I  propose that  failure to  meet  established
air quality standards or implementation sched-
ules be  made  subject to court-imposed fines of
up to $10,000 per day.

          SOLID WASTE MANAGEMENT

  "Solid  wastes"  are the  discarded left-overs
of  our  advanced  consumer  society.  Increasing
in volume, they litter the landscape and strain
the facilities of municipal governments.
  New   packaging  methods,  using  materials
which do not degrade  and cannot easily  be
burned,  create difficult new disposal problems.
Though  many  wastes are potentially re-usable,
we often discard today what a generation  ago
we saved. Most bottles, for example,  now  are
"non-returnable."  We reprocess  used  paper
less than we used  to,  not  only  adding  to
the burden on municipal sanitation services but
also making  wasteful use  of scarce  timber-
lands.  Often  the least expensive way to  dis-
pose of  an old automobile  is to abandon it^—
and millions of people do precisely that, create
ing  eyesores for millions of others.
  One way to meet the problem of solid wastes
is simply to surrender to it: to continue  pour-
ing more and more public money into collection
and disposal  of  whatever  happens  to  be pri-
vately produced and discarded. This is the old
way; it  amounts to  a public  subsidy of waste
pollution. If we are  ever truly to gain control
of the problem, our  goal  must be broader: to
reduce the  volume of wastes and the difficulty
of their disposal, and to encourage their con-
structive re-use instead.
  To accomplish this, we need incentives, regu-
lations  and research directed  especially at  two
major goals: a) making products more  easily
disposable—especially containers, which are de-
signed  for disposal;  and  b)  re-using and re-
cycling  a  far greater  proportion  of  waste
materials.
  As we look toward the  long-range future—
to  1980, 2000 and  beyond—recycling  of ma-
terials will become increasingly  necessary  not
only for waste disposal  hut  also  to  conserve
resources. While  our population  grows,  each
one of  us keeps using more of the earth's re-
sources.  In the case of many common minerals,
more than half those extracted from the earth
since time began have  been  extracted  since
1910.
  A great deal of  our space research has been
directed  toward  creating   self-sustaining  en-
vironments, in which people can  live for long
periods of time by re-processing, recycling  and
re-using the same  materials. We need to  apply
this kind of  thinking  more  consciously  and
more broadly to our patterns  of use and  dis-
posal of materials here on earth.
  Many  currently  used  techniques  of  solid
waste disposal remain  crudely  deficient.  Be-
        526-703 O - 73 - 23

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1518
LEGAL COMPILATION—AIR
search and development  programs  under  the
Solid  Waste Disposal Act  of  1965  have added
significantly to our knowled-ge of more efficient
techniques.  The Act expires this year. I recom-
mend its  extension, and  I  have already  moved
to bi oaden its programs
  I  have ordered  a  re-direction  of  research
under  the Solid  Waste Disposal Act  to  place
greater emphasis on techniques for re-cycling
materials,  and   on   development  and  use  of
packaging  and  other  materials   which   will
degiada  after use—that  is, which will become
temporary rather than permanent  wastes.
  Few of America's  eyesores  are  so unsightly
as its millions of junk automobiles.
  Oidinarily,  when a  car  is  retiied from  use
it goes first to a wrecker, who  strips it of its
valuable parts, and then to a scrap piocessor,
who reduces the remainder to  scrap for  sale
to steel mills. The  prices  paid by  wreckers for
junk cars often are less than  the cost of trans-
porting  them  to the  wrecking  yard.  In  the
case of  a severely damaged  or "cannibalized"
car, instead of paying for it  the wrecker may
even   charge   towing  costs.  Thus  the  final
owner's  economic  incentive to deliver  his  car
for processing is slight,  non-existent or  even
negative.
  The rate of abandonment  is increasing. In
New  York, 2,500  cai s  were  towed away as
abandoned  on the  streets  in 1960. In  1964,
25,000  were  towed  away  as  abandoned; in
1969, more  than  50,000.
  The  way to  provide  the  needed incentive
is  to  apply to  the automobile  the principle
that its  price should include  not only the  cost
of  producing  it,  but also the  cost of disposing
of it.
  / have asked  the  Council on Environmental
Quality to take the lead  in producing a  recom-
mendation  for a bounty  payment  or other  sys-
tem to promote the  prompt  scrapping of all
junk automobiles.
  The particular disposal problems presented
by  the automobile  are unique. However,  wher-
ever appropriate we should also seek  to estab-
lish incentives   and  regulations  to encourage
the re-use,  re-cycling or easier disposal of other
commonly used goods.
  /  have asked  the  Chairman  of  the  Council
on  Environmental  Quality to work with  the
Cabinet  Committee  on the Environment,  and
with  appropriate industry  and consumer  rep-
resentatives,  toward  development  of  such  in-
centives and regulations for submission to  the
Congress.

         PARKS AND  PUBLIC RECREATION

   Increasing  population,  increasing  mobility,
increasing  incomes and  increasing  leisure will
all combine in the years ahead  to rank  recrea-
tional facilities  among  the most vital  of  our
public  resources.  Yet land  suitable  for   such
                    facilities,  especially  near   heavily  populated
                    areas, is being rapidly swallowed up.
                      Plain  common  sense argues  that we  give
                    greater  priority  to acquiring  now the  lands
                    that  will be so greatly needed in a few yeais.
                    Good sense also argues  that the Federal Gov-
                    ernment  itself,  as the  nation's  largest  land-
                    holder,  should address itself more imaginatively
                    to the question of  making  optimum use of its
                    own  holdings in a recieation-hungry era.
                      /  propose full  funding in  fiscal  1971  of  the
                    $3^7 milhon  available  through  the Land and
                    Water  Conservation Fund  for additional park
                    and  recreational  facilities,  with increased em-
                    phasis  on locations that can be easily  reached
                    by the people in crowded urban areas.
                      I  propose  that  we adopt a new philosophy
                    for  the use  of Federally-owned lands, treat-
                    ing  them as a  precious resource—like  money
                    itself—which should be made to serve the high-
                    est possible public good.
                      Acquiring  needed recreation  areas  is a real
                    estate  transaction. One-third of all  the  land
                    in  the  United  States—more than  750,000,000
                    acres—is owned  by  the Federal Government.
                    Thousands  of  acres  in  the heart of  metro-
                    politan  aieas are  reserved  for  only  minimal
                    use  by  Federal  installations.  To  supplement
                    the   regularly-appropriated  funds  available,
                    nothing  could  be  more  appropriate  than  to
                    meet  new  real estate  needs through  use  of
                    presently-owned real  estate,  whether  by trans-
                    fer, sale or conversion to a  better use.
                      Until  now,  the uses  to  which Federally-
                    owned  properties  were put has largely  been
                    determined by who got them first.  As a result,
                    countless  properties,  with  enormous potential
                    as i ecreational  ai eas linger on  in the hands
                    of agencies that could just  as  well-—01 better
                    —locate elsewheie. Buieaucratic inertia is com-
                    pounded by a quiik if  present  accounting pio-
                    cedures,  which  has the  effect  of  imposing  a
                    budgetary  penalty on any

                                                      [p. 32910]

                    agency that gives up one piece  of property  and
                    moves  to anothei, even  if  the vacated property
                    is sold foi  10 times the cost of the new.
                      The  time  has  come to   make  more  rational
                    use  of our enormous  wealth of  leal  property,
                    giving a new prioiity to our newly  urgent con-
                    cern with public recreation—and to make more
                    imaginative  use  of properties  now surplus to
                    finance acquisition of  propeities now  needed.
                      —-By  Executive  Order,  I  am directing  the
                        heads of all Federal agencies and  the  Ad-
                        ministrator of General Services to institute
                         a review  of all Fedcrally-owntd real prop-
                         erties  that  should  be  considered  for other
                         uses.  The test  will be whether  a  particular
                         property's continued present use or another
                         would  better serve the public interest, con-
                         sidering  both  the  agency's  needs  and the
                         property's location. Special emphasis  will

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                    STATUTES AND LEGISLATIVE  HISTORY
                                       1519
    be  placed  on  identifying properties that
    could  appropriately  be converted to parka
    and  recreation areas,  or  sold,  so that
    proceeds can be made available  to  provide
    additional park and recreational lands.
  —/  am  establishing  a  Property  Review
    Board  to  review   th e GSA  reports  and
    recommend  to  me  what  properties  should
    be converted or sold.  This Board will con-
    sist of  the Director of the Bureau  of the
    Budget,  the  Chair-man of  the  Council of
    Economic Advisers, the  Chairman of the
    Council on Environmental Quality and the
    Administrator  of  General  Services, plus
    others that 1 may designate.
  —7 propose  legislation  to  establish,  for the
    first time,  a program for relocating Fed-
    eral installations that  occupy locations that
    could  better  be used for  other purposes.
  This  would  allow a  part of  the  proceeds
from the sales  of surplus  properties  to  be used
for relocating  such installations, thus  making
more lan^ available.
  —/  also  propose  accompanying  legislation
    to protect  the  Land and Water  Conserva-
    tion Fund, ensuring that its  sources of in-
    come  would be  maintained  and possibly
    increased for  purchasing additional park-
    land.
  The  net  effect  would  be  to  increase  our
capacity  to  add  new   park and recreational
facilities,  by enabling us  for the first  time  to
use  surplus  property  sales  in   a  coordinated
three-way  program: a)   by  direct  conversion
from other  uses; b) through sale of  presently-
owned properties and purchase  of others with
the  proceeds; and  c)  by  sale  of one  Federal
property,  and  use  of the proceeds  to finance
the  relocation  and  conversion costs  of making
another property available for recreational use.
  —/ propose  that the  Department  of the  In-
     terior be given authority  to convey  sur-
    plus real property to  State  and  local gov-
     ernments  for  park  and recreation pur-
     poses at a public benefit discount  ranging
     up to 100 percent.
  •—7  propose  that Federal  procedures be  re-
     vised  to encourag e  Federal agencies  to
     make  efficient  use  of real  property.  This
     revision should remove the budgetary pen-
     alty now imposed on agencies  relinquish-
     ing one site and  moving to another.
   As one example of  what such  a property
review  can make  possible, a sizable  stretch  of
one  of  California's finest  beaches  has  long
been closed  to the public because it was  part
of  Camp Pendleton. Last month the  Defense
Department arranged  to make  more than  a
mile of that beach available to the State  of
California for use as  a  State  park. The  re-
maining beach is  sufficient for  Camp Pendle-
ton's needs; thus  the  released   stretch repre-
sents a shift from low-priority to  high-priori-
ty  use. By  carefully weighing alternative uses,
a priceless recreational  resource  was returned
to the people for  recreational purposes.
  Another vast  source of potential parklands
also  lies untapped.  We have come to realize
that  we  have  too  much  land  available  for
growing crops and not enough land for  parks,
open  space and  recreation.
  —/ propose that instead of simply  paying
    each year to  keep this  land  idle,  we  help
    local  governments  buy selected  parcels of
    it to provide recreational facilities for  use
    by  the  people  of towns in  rural  areas.
    This program  has been  tried, but allowed
    to  lapse; I  propose  that  we  revive  and
    expand it.
  —7 propose that  we  also  adopt a program.
    of long-term  contracts  with  private own-
    ers of  idled  farmland,   providing  for its
    reforestation and  public  use  for such pur-
    suits  as  hunting,  fishing, hiking and pic-
    nicking.

            ORGANIZING FOR ACTION

  The  environmental  problems  we  face  are
deep-rooted  and   widespread. They  can  be
solved only  by a full national effort embracing
not only sound,  coordinated planning,  but also
an  effective  follow-through   that  reaches  into
every community in the  land. Improving  our
surroundings  is necessarily  the business of us
all.
  At the  Federal level,  we  have  begun  the
process of organizing for this effort.
  The Council  on Environmental Quality  has
been  established.  This  Council   will  be  the
keeper  of our  environmental  conscience,  and
a goad to our  ingenuity; beyond this,  it  will
have responsibility for ensuring  that  all  our
programs  and  actions are  undertaken with  a
care "ul respect  for the needs of environmen-
tal quality.  I have already  assigned it major
responsibilities  for  new program development,
and  I  shall look  to  it  increasingly for  new
initiatives.
  The  Cabinet  Committee  on  the Environ-
ment, which I  created last  year, acts  as a co-
ordinating  agency  for  various   departmental
activities affecting the  environment.
  To meet future needs,  many  organizational
changes will still be needed.  Federal  institu-
tions for  dealing with  the environment  and
natural  resources  have  developed piecemeal
over  the years in  response to specific needs,
not  all of which were  originally perceived in
the light of the concerns we recognize today.
Many of  their missions appear to overlap,  and
even to conflict. Last year  I asked the Presi-
dent's Advisory Council on  Executive  Organi-
zation,  headed  by Mr.  Roy Ash, to make an
especially  thorough study of the organization
of  Federal environmental natural resource and
oceanographic  programs,  and  to  report its
recommendations  to  me  by April 15.  After
receiving  their  report  I  shall   recommend

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1520
LEGAL  COMPILATION—AIR
needed  reforms,  which will involve major  re-
assignments  of  responsibilities  among Depart-
ments.
  For  many  of  the same reasons,  overlaps  in
environmental programs  extend to the Legisla-
tive  as well  as  the Executive  branch so that
close  consultation   will  be  necessary  before
major  steps  are taken.
  No matter how  well organized  government
itself might  be, however, in  the  final analysis
the  key to  success lies  with the people  of
America.
  Private  industry  has  an  especially crucial
role. Its resources,  its technology, its  demon-
strated  ingenuity in  solving  problems  others
only  talk  about—all   these  are  needed,   not
only in helping curb the  pollution  industry
itself creates but also in helping  devise new
and  better ways of enhancing  all  aspects  of
our  environment.
  / have ordered that  the United States Patent
Office  give  special  priority to the processing
of applications for  patents which could  aid in
curbing environmental abuses.
  Industry already  has begun  moving swiftly
toward  a  fuller recognition  of  its own  en-
vironmental  responsibilities,  and   has   made
substantial progress in many areas. However,
more must be done.
  Mobilizing industry's resources requires  or-
ganization.   With   a   remarkable   degree   of
unanimity,   its  leaders  have  indicated  their
readiness  to  help.
  / will shortly  ask a group  of the nation's
principal   industrial leaders  to  join  me   in
establishing  a  National  Industrial Pollution
Control Council.
  The  Council   will  work  closely  with  the
Council on  Environmental  Quality, the Citi-
zens' Advisory  Committee  on  Environmental
Quality,  the  Secretary  of  Commerce  and
others  as  appropriate in the  development  of
effective policies for the  curbing  of air,  water,
noise  and   waste   pollution  from  industrial
sources. It will work  to  enlist  increased sup-
port from business and  industry in the drive
to reduce  pollution, in  all its  forms,  to  the
minimum  level  possible.  It  will  provide  a
mechanism   through  which,  in  many  cases,
government  can  work  with key  leaders  in
various industries  to  establish voluntary pro-
grams  for  accomplishing  desired  pollution-
control goals.
  Patterns of  organization often turn  out to
be  only as  good as  the example set by  the
organizer.  For  years,  many Federal  facilities
have themselves been among  the  worst pol-
luters.  The  Executive  Order  I  issued   last
week not  only  accepts responsibility  for put-
ting  a swift  end  to  Federal   pollution,  but
puts  teeth into  the commitment.
  I  hope  this  will  be  an example  for  others.
  At the turn  of   the century,  our chief  en-
vironmental  concern   was  to conserve  what
                   we had—and  out of  this  concern  grew  the
                   often  embattled but always determined  "con-
                   servation"  movement.  Today,  "conservation"
                   is as  important as ever—but  no longer is  it
                   enough to  conserve  what we  have; we must
                   also restore what we have lost. We  have to go
                   beyond conservation  to  embrace  restoration.
                      The  task  of cleaning  up our environment
                   calls  for  a total  mobilization by all of us.  It
                   involves goverments  at every level;  it requires
                   the  help  of  every  citizen. It  cannot  be  a
                   matter of  simply sitting  back and blaming
                   someone  else.  Neither is  it one to be left to
                   a  few hundred leaders. Rather,  it presents us
                   with   one of those  rare  situations  in  which
                   each  individual everywhere has  an  opportuni-
                   ty to  make a special  contribution to his  coun-
                   try as well as  his community.
                      Through  the  Council   on   Environmental
                   Quality, through  the  Citizens' Advisory  Com-
                   mittee on Environmental  Quality,  and work-
                   ing  with  Governors and Mayors and county
                   officials  and  with concerned  private  groups,
                   we shall  be reaching  out  in an effort  to  en-
                   list  millions  of  helping  hands, millions  of
                   willing spirits—missions of volunteer  citizens
                   who  will  put  to themselves the simple  ques-
                   tion:  "What  and can  I do?"
                      It  is  in this  way—with vigorous  Federal
                   leadership, with  active enlistment  of  govern-
                   ments at every level, with  the aid of industry
                   and private groups,  and  above  all with  the
                   determined participation by individual citizens
                   in every  state  and  every community, that  we
                   at last will succeed in restoring the kind of
                   environment we  want for  ourselves, and  the
                   kind  of  generations  that come after deserve
                   to inherit.
                      This task is  ours  together. It summons  our
                   energy,  our ingenuity  and  our conscience in
                   a  cause  as fundamental  as life itself.
                                                RICHARD NIXON.
                      The White House.
                                      EXHIBIT 2

                                   AIR POLLUTION

                      We tend to view air pollution as  a recently
                    discovered  phenomenon.  But  since  the  lawn
                    of the industrial  revolution,  people  in  many
                    communities  have endured  levels  of  smoke
                    pollution that would  he held intolerable  today.
                    In the last half of  the  19th century, a sur-
                    prising  number   of  aroused  citizen  groups
                    protested the smoke-laden air of London. But
                    their protests were lost  in the overwhelming;

                                                     [p.  32911]
                    clamor for industrial  development at any price.
                      Progress in the United States was  no more
                    heartening'  Chicago  and   Cincinnati  passed
                    smoke control laws in 1881.  By 1912,  23  of the

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                     STATUTES  AND  LEGISLATIVE HISTORY
                                       1521
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 pol-
lution reached  its zenith in the United  States,
especially  in  Eastern  and Midwestern  indus-
trial  cities.  The  public outcry  against these
conditions resulted  in  the  enactment  of im-
proved  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 hack  air pollution in  that era.
  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  problem  which
now  confronts cities  throughout  the  world.
When the citizens 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  ap-
peared  and  worsened.  Dr.  Aria J. Haagen-
Smit,  of  the  California   Institute  of  Tech-
nology,  finally  pinpointed  the principal sources
of photochemical smog in  Los Angeles—hydro-
carbons and  nitrogen  oxides  from automobile
exhausts.  Smog was  at first thought to be a
phenomenon  amplified by local  weather con-
ditions  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  phe-
nomenon  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  hydrocarbons  and
nitrogen oxides.
                         TABLE 1—ESTIMATED NATIONWIDE EMISSIONS, 1968

                                    [In millions of tons per year]
Carbon Partic- Sulfur Hydro- Nitrogen
Source monoxide ulates oxides carbons oxides
Transportation
Fuel combustion m stationary sources...
Industrial processes
Solid waste disposal _ . - , ..
Miscellaneous1 	 , ^ 	

Total

63.8
1.9
9.7
7.8
16.9
100 1
1.2
8.9
7.5
1.1
9.6
28.3
0.8
24.4
7.3
.1
.6
33.2
16.6
.7
4.6
1.6
8.5
32.0
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, odor-
less,  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  en-
gines,  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

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1522
LEGAL  COMPILATION—Am
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 con-
trolling  particulates  from   a  boiler  stack   or
from  a waste air stream—among them  filter-
ing,  washing, centrifugal separation, and elec-
trostatic precipitation.  These  work  well  for
most  of the particles,  but  complete removal,
especially of the very finest particles,  is tech-
nically and  economically difficult.
  Sid fur oxides  (SOX)  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 suLur oxides emissions,  oil about  14 per-
cent,  and industrial  processes  that use sulfur
22 percent.  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 indus-
trial  States  in  the  Northeast  account  for  al-
most half of the national total of sulfur oxides.
In rurs.1 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),  re-
moving sulfur from fuels  entirely, and remov-
ing suFur  oxides from  the combustion gases.
  Hydrocarbons  (HC),  like  carbon  monoxide,
represent \mburned  and wasted  fuel.  Unlike
carbon  monoxide,   gaseous  hydrocarbons   at
concentrations normally  found in  the  atmos-
phere  are  not  toxic, hut   they  are a major
pollutant  because  of  their  role in  forming
photochemical smog.  More  than half  the  es-
timated 32  million tons of  hydrocarbons pro-
duced  each  year conies from transportation
sources,  mainly  gasoline-fueled  vehicles.  An-
other  27 percent  comes   from  miscellaneous
burning  and 14  percent from  industrial proc-
esses.  About 60  percent is  produced in  urban
areas, largely  because  there  are more  auto-
mobiles.
  Nitrogen  oxides  (NO*)  are produced when
fuel  is burned at very high  temperatures. Sta-
tionary combustion  plants  produce 49  percent
of the nitrogen oxide  emissions;  transporta-
tion  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 nitro-
                    gen oxides from automobiles  is more difficult
                    because reducing other  pollutants can increase
                    the output of NO*.
                      Under  the  influence  of sunlight,  nitrogen
                    oxides  combine  with  gaseous  hydrocarbons to
                    form a complex  variety of secondary pollutants
                    called photochemical  oscidants. 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 diox-
                    ide; peroxyacyl  nitrates;  aldehydes; and acro-
                    lein. In air they can  cause eye and lung irrita-
                    tion, damage to  vegetation, offensive odor,  and
                    thick haze.

                    Air pollution emissions  in the United  States,
                                         1S68

                               [Percentage  by weight]
                    What they are:
                      Sulfur  oxides
                      Hydrocarbons
                      Particulates
                      Nitrogen  oxides
                      Carbon  monoxide
15
15
13
10
47
                    Where they come from:
                      Fuel combustion in stationary sources     21
                      Solid  waste disposal                 -     5
                      Forest fires           .                .    8
                      Miscellaneous                             10
                      Industrial  processes                      14
                      Transportation     .                      42

                      Source: National  Air Pollution  Control Ad-
                    ministration, HEW.

                              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 agricul-
                    tural  products.  It obscures his view  and adds
                    unpleasant  smells  to  his  environment.  Most
                    important,  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.  Al-
                    though considerable  variation occurs  from day
                    to day  in  the  extent  to  which these  factors
                    disperse  air pollution,  the same patterns tend

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                     STATUTES  AND  LEGISLATIVE  HISTORY
                                        1523
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  pollu-
tion.  On many other days, weak  winds  and
highly stable conditions let small quantities of
pollutants  accumulate and build up  to  serious
proportions. Between these extremes, variations
in weather condi-

                                  [p. 32912]

tions create varying levels of  pollution  over a
given aiea.
  Many cities lie in natural  basins at the con-
fluence  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  pollutants  in  the
familiar  phenomenon  known   as  an   "inver-
sion." However, even communities  more favor-
ably located increasingly find that  atmospheric
conditions limit the amount of air available as
&  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.
  The incident most familiar to Americans oc-
curred  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  dis-
aster 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  pre-
vented  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 consti-
tute  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 in-
finite variety of  pollutants  to which  persons,
particularly  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  sub-
jected.
   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  mortality  rates from
other causes,  including  cancer and  arterioscle-
rotic 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 infec-
tious 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 infec-
tions, allergies, and other ailments in children.
Such  childhood  diseases  may  well   underlie
chronic ills developed in  later life.
  Knowledge  of  the health  effects  of   specific
contaminants  present in  the  air is far from
complete. However, the  more overt health ef-
fects of several major classes of pollutants are
beginning  to be  defined.  Those pollutants  are
found  almost everywhere  in the United States.
  When  carbon  monoxide  is  inhaled,  it  dis-
places  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 healthiest persons, mak-
ing-  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 in-
haling 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  approximately 8 hours may
dull  mental performance. Such levels of carbon
monoxide   are  commonly   found   in  cities
throughout the world.  In heavy  traffic situa-
tions,  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 perma-
nent injury  to the respiratory system. When
pai ticulate 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 respira-
tory 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

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1524
LEGAL  COMPILATION—Am
from  bronchitis and from lung cancer may in-
crease when this level of sulfur  dioxide is ac-
companied  by smoke concentrations of about
0.06 parts  per  million. American  cities  often
exceed  this annual  mean  substantially.  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  SO2 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  rela-
tively 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 irritation begins when
peak  oxidant levels reach  0.10 parts per  mil-
lion.  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  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
Chattanooga, Tenn.,  linked very low levels  to
these oxides in the air to children's suscepti-
bility to Asian flu.
  The lowest participate levels at which health
effects  have been  noted in the United States
were  reported  at  Buffalo.  The  Buffalo  study
suggests 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  participate 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  sub-
stances which are potential health hazards at
much lower concentrations and which  will re-
quire 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 ex-
                   posure in industry produces the lung-scarring
                   disease,  asbestosis. On  the other  hand, meso-
                   thelioma, a  type of lung cancer associated al-
                   most 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 di-
                   rect  threat.  Current  studies suggest that  lead
                   levels now found in the  blood and  urine of
                   urban populations—although  well  below those
                   associated  with  classic  lead   poisoning—may
                   interfere  with  the ability of the  human body
                   to  produce  blood.  As  air  pollution  becomes
                   more widespread,  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 mate-
                   rials. 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  timber-
                   land. Much  of this originally  forested moun-
                   tain  land is  still  barren.  Today,  the   damage
                   to plant  li"e is less dramatic than in the  days
                   of  unrestricted smelter  operations.  But  the
                   slower, chronic injury inflicted  on  agricultural,
                   forest,  and  ornamental  vegetation by  increas-
                   ing  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  Ber-
                   nardino National  Forest  50  miles  away. Fluo-
                   ride 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 condi-
                   tion known  as fluorosis. In New Jersey, pollu-
                   tion injury to vegetation has been observed in
                   every county and damage reported to at least
                   35  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 symp-
                   toms  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  vegetables,  field
                   and forage crops, shrubs,  and fruit and forest
                   trees—particularly  conifers.  The damage from
                   ozone in  minute quantities can be great.  Ex-
                   tended ozone exposure to 0.05 parts per million

-------
                     STATUTES  AND  LEGISLATIVE  HISTORY
                                        1525
can reduce  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
particulate  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  ia ac-
celerating 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. Particulate matter in the air not
only speeds the  corrosive action of other  pol-
lutants but

                                  [p.  32913]
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 textiles, 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
during 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
responsible for  the whiskey-brown haze  that
stains  the  sky over many  cities.  Particulates,
however, are the major villain in reducing  visi-
bility. 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 atmosphere by  photochemi-
cal  reactions  and by  the conversion of sulfur
dioxide  to  sulfuric  add mist.  Wherever sulfur
pollution  is  aigniiicant — which  is   wherever
large amounts  of  coal and  oil are  burned—•
visibility diminishes as relative humidity rises.
                  To  climate

  Air  pollution  alters climate  and  may pro-
duce global  changes  in  temperature.  Chapter
V of this report  deals with that subject

          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.
Economic  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 mil-
lion.  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 protecting precision in-
struments or  maintaining cleanliness in  the
production  of foods, beverages, and  other con-
sumables.  It is equally difficult to assess dam-
age, soiling, and added maintenance  to  homes
and furnishings or how  air pollution acts on
property values. The cost  of fuels  wasted in
incomplete combustion  and  of valuable  and
potentially recoverable 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
tbe  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  bil-
lion for  operation, maintenance, depreciation,
and interest.
   These estimated costs are based on assumed
future control   requirements.  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  out-
put of  the industries involved,  although  the
costs  to  some  industries are  much  greater.
   According to  industry  estimates,  the costs

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1526
LEGAL  COMPILATION—AIR
of control devices  to meet  Federal motor  ve-
hicle  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 estimated at $49
per car.  The application of  more  stringent
standards will increase these costs still  further.
Thus  in  1971 the  cost  for  installing  control
devices  on  the  10 million new cars produced
will be  almost $500 million. However, assum-
ing 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  ex-
clusively  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  Federal  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
standards  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 under-
girds 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, de-
scribe the harmful effects of an  air pollutant
on  health, vegetation,  and materials. He must
issue control technology  documents  showing
availability, costs and effectiveness of  preven-
tion and  control techniques.
  In  the designated regions, the  States must
show willingness to establish air quality stand-
ards.
  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  em-
                    powered 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  im-
                    plementation 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 tech-
                    niques 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
                    proposals  to  apply  air  quality  standards
                    throughout the  entire Nation, not  just with-
                    in the  air  quality control  regions.  Hearings
                    are  provided for,   and  the  States have  the
                    option of  adopting more stringent standards
                    if  they  choose. The  States  would  have  9
                    months from the  time the national standards
                    are established to submit a plan  detailing  how
                    thty would enforce the  national standards, in-
                    cluding the associated emission standards. The
                    Federal Government would enforce  the stand-
                    ards if the  air quality  in a  State or  region
                    fell  below the  standards  and  the State  plan
                    was  not being carried out. The provisions for
                    national  standards should  markedly   quicken
                    the  process  of  establishing  enforceable stand-
                    ards and  a workable  plan  for abatement.
                      The  President's  proposals  also  call  for  na-
                    tional  emission standards  for new pollutant
                    sources considered  harmful to  health and  wel-
                    fare and which can be controlled. This  author-
                    ity  is necessary to  insure that new stationary
                    sources are designed to reduce  emissions to the
                    lowest level  consistent with  available technol-
                    ogy. National emission  standards 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.
                      The Department  of HEW  first issued docu-
                    ments  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

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                    STATUTES  AND  LEGISLATIVE  HISTORY
                                       1527
documents were  issued  for carbon  monoxide,
hydrocarbons,  and   photochemical   oxidants.
HEW expects to issue documents  on lead, ni-
trogen  oxides, fluorides, and  polynuclear or-
ganic compounds early in 1971.
  By July 1, 1970, air quality regions had been
designated  in  10 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  em-
brace 123 million people, almost 60 percent of
the U.S.  population.  As  of  July 1, 1970, 17
States   had  submitted  standards  to the  De-
partment, and 10 had been approved. No im-
plementation  plans  have  yet been  approved.
   Action  on each new pollutant  requires pub-
lication  of  air  quality criteria  and  control
technology,  the  development and  approval of
State standards  for  each  region,  and the de-
velopment and approval of State implementa-
tion plans  for each  region. The National Air
Pollution Control  Administration   (NAPCA)
is currently studying  30 different 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  metro-
politan areas of  New York-New Jersey, Kansas
City, and Washington,  B.C.
   Those  conferences  covering  whole  metro-
politan  areas   have  concentrated   more  on
strengthening State and  local efforts than on
 directly curbing polluters. The conference-pub-
 lic 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 ren-
 dering  plant in  Bishop, Md. A  conference was
 held in 1965 and a public hearing  in 1967;  a
 suit was begun in  the Federal district court
 in 1969, and an appeal  finally  made  to the
 U.S. Supreme Court.  The plant was not shut

                                  [p. 32914]

 down  until  the Supreme  Court  refused   to
 hear the appeal in  May 1970—5 years  after
 the action started.  No other enforcement ac-
tion  has  proceeded  beyond  the  conference
stage.
  No enforcement  has yet taken  place  under
the  1967 act,  since  the standards,  for  the
most part,  have  not  yet been  adopted  nor
implementation  plans  approved.  The  Presi-
dent  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  stand-
ards—to  be applied  starting  with  the 1971
model year.
  In  July 1970, the Secretary proposed sweep-
ing  changes in  procedures for testing whether
new  automobiles  meet   the  Federal  emission
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  proto-
types 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 manufacturer  are deemed
 in  conformity with the standards.
   The first surveillance data  on production line
 cars subject to the Federal standards were re-
 ported  in the summer of 1968. The data showed
 that, on the average, the cars complied  with
 the Federal standards.  However, by  the  win-
 ter 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 about 8 percent
 above.  Reports in 1970 show hydrocarbon emis-
 sions higher than the standard by  25 percent
 and carbon monoxide by about  10 percent.

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1528
LEGAL  COMPILATION—AIR
  TABLE 2.—EXHAUST EMISSION STANDARDS AND UNCONTROLLED VEHICLE EMISSION LEVELS BASED ON
                          CURRENT AND PROPOSED 1972 TEST PROCEDURES

                                   PRESENT TEST PROCEDURE
                           Hydrocarbons
              Carbon monoxide    Oxides of nitrogen
                                                                                 Participates
c
Baseline (uncontrolled vehicle).
Present standards (intended
degree of control) 	 	
1975 standards (expected
control) .. _.


Baseline (uncontrolled vehicle)
Equivalent present standards
(achieved degree of control)
Proposed 1972 Standards
(control)
Proposed 1973 standards
(control)
Proposed 1975 standards
(control) .

i./mi.i Percent « 1
11.2
2.2 80
.5 96

PROPOSED
14.6
4.6 69
2.9 80

.5 97

3./mi. Percent G./mi. Percent G./mi. P
73.0
23.0 69 'N.A. N.A. N.A.
11. 0 86 	

TEST PROCEDURE
116.3 6.0 0.3
47.0 60 ..- . 	
37.0 69
3,0 50
11.0 91 .9 85 .1

ercent

N.A.







66.7

  1 Grams per mile emitted.
  ' Percentage reduction from uncontrolled vehicle.
  1 No standards applicable.
  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 durability  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 with-
 draw approval of a particular model of car if
 vehicles coming off the production  lines do not
 meet the Federal standards. Moreover, the Sec-
 retary  of  HEW  would be explicitly authorized
 to test, or require manufacturers  to  test, ve-
 hicles  at  the end  of  production  lines. Even
 with these safeguards, many  automobiles  will
 not meet the standards. In addition to systems
 that break down or are not sufficiently durable,
 the car owner may not provide proper main-
 tenance.
   The  data on  present levels of  pollution in
 our urban environment, the projected  increase
 in urban  traffic  in the years ahead,  and the
 performance of  pollution control  systems un-
 der actual  driving  conditions make  it  clear
 that even applying stricter  standards in 1975
 will only  prolong the downward curve in ve-
 hicle 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 con-
                    trol devices but with the fuel itself and with
                    fuel additives. The President's proposed  legis-
                    lation includes authority to establish standards
                    and regulations for  both  fuel and fuel  addi-
                    tives.
                      The key additive from an air  pollution con-
                    trol viewpoint  is tetraethyl lead  in gasoline.
                    It  accounts  for a significant portion  of  the
                    participate pollution  from automobiles.  Most
                    experts  believe that  control  systems incorpo-
                    rating  chemical catalysts  will be  required  to
                    meet 1975 standards. Experience to date indi-
                    cates that lead in gasoline  poses serious  prob-
                    lems 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 Com-
                    merce  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

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                    STATUTES AND LEGISLATIVE  HISTORY
                                       1529
executives  of the Nation's  petroleum  compa-
nies to work toward production of a lead-free
gasoline. The Secretary suggested a plan to re-
duce lead levels in regular grades to  0.6 gram
per gallon by  July 1,  1971,  and  to  zero  lead
content by July 1, 1974. However, since premi-
um 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 provides 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
announced in his February 10,  1970, environ-
mental message  a program to develop one or
more  alternatives  within  6  years.  He called
for:
  An extensive  research and development  pro-
gram  to  be conducted  under the general di-
rection  of  the  Council  on  Environmental
Quality;
  An  incentive program to private developers,
through  Government  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 harm-
ful  to  vegetation,  buildings,  and  materials.
Because  their  source is  chiefly the  electric
power industry, their potential increase is tied
to the burgeoning industry, which almost dou-
bles its  output  every 10 years.
  At  present about  65 percent  of the energy
for  generating  electricity  steins from   coal;
gas, oil, and hydroelectric sources account for
about  34 percent; and  nuclear energy the re-
maining 1 percent. By  1980, 22 percent of the
total  installed  electric  power capacity is ex-
pected 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 pollution  over  the  next
 decade.  Switching  fuels  is  possible,  but  only
when  an  alternative, low-sulfur  fuel is  avail-
 able.  Most coal near  the Nation's centers of
 population and power demand is high in sul-
fur. 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  re-
finery  capabilities.  Oil  import  quotas bar  it
from  certain  areas of  the Midwest  and the
West  Coast,  although  the oil  may be  im-
ported  to other  areas  of  the United States.
The  United  States  will probably continue  to
rely  primarily on residual oil from  the West-
ern Hemisphere.  And that oil will have to  be
desulfurized  before it  is  used.  Natural  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 remove
sulfur from the  stack gases after the fuel is
burned  are  under 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  ni-
trogen  oxides.

                                  [p. 32915]

          Research and development

  A number of technological and research gaps
in controlling air pollution still exist. NAPCA
carries  on an extensive research, development,
and  demonstration  program in  its own facili-
ties  and through grants  and  contracts.  The
fiscal year  1970  budget contains  $59.3 million
in  budgeted  funds for research and demon-
stration. 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 con-
trol of  stationary  sources. Currently, a com-
prehensive  program is  underway in  NAPCA,
working with  the Bureau  of  Mines and  TV A,
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 un-
conventional  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  Cali-
 fornia  at  Berkeley.

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1530
LEGAL  COMPILATION—ATR
            Air quality monitoring

  Collecting  and  evaluating data  on air pol-
lutant emissions and air quality require  a joint
Federal-State-local effort. NAPCA is now en-
gaged not only in  operating its own air moni-
toring 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
continuous monitoring stations in major cities.
Over  the  past year,  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 cri-
teria 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 inter-
mittently.

           State  and local programs

  With  one major exception—new  motor ve-
hicles, whose control  the  Clean Air Act  pre-
empts  to the  Federal Government—primary
responsibility 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, Educa-
tion,  and  Welfare report to  the  Congress,
 "Progress  in  the  Prevention and  Control  of
Air  Pollution,"  traces  the  considerable  in-
crease in  State  and local budgets for  air pol-
lution control, stimulated  in large part of the
Federal  matching  grants program  initiated  in
1963. However, of  the B5 State  and  territorial
 programs being  financed by  the grants  pro-
gram in 1970, only six have reached an annual
 per  capita expenditure of 25  cents, which   is
generally  considered the minimum  expenditure
needed for State programs. Only 23, including
the  six, are spending  as much  as  10 cents per
 person per year. At the local level,  the situa-
tion is better:  64  of  144  grantee  agencies are
spending at least 40 cents per capita per year,
 which is generally  considered  the  minimum
 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 pol-
 lution control regulations during  the last sev-
 eral years. Prior  to  passage of the  Clean Air
 Act in  1963, only  nine States had adopted air
 pollution  control  regulations. 3y  1967-68,  30
 had. By the end of 1970 it is  expected  that  all
 States will have  established the legal basis for
 controlling 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  agen-
                    cies  set up  to deal  with  the problem  have
                    proliferated—from  85 agencies  in 1962 to more
                    than 200 today.

                        TABLE 3.—STATE LAWS  AND REGULATIONS

                        [Number of States enacting laws and regulations
                                    in specified  years]

                                        1951-  1963-  1965- 1967-
                                         62   64    66    68  Total
                    Initial law enacted	   II
                                                          23    46
                    First regulation adopted.    9	    4   17    30
                    Type of regulation:
                      Administrative	    9	    4   13    26
                      Fuel burning	    2	    3   11    16
                      Open burning	    4	    3   12    19
                      Ambient standards...    21     1   11    15
                      Visible emissions	    5	    3   14    22
                      Incinerator	    1     1     2   13    17
                      Industrial process.	    1     4    9    14
                      Vehicle	    I 		   5      6
                      Sulfur oxides._.		    156
                      Perhaps  the  most  significant indicator  of
                    the  adequacy  of State and  local air pollution
                    control programs is manpower. The 1970 HEW
                    report to the Congress, "Manpower and Train-
                    ing  Needs for Air Pollution  Control," indicates
                    that in general control agencies are inadequate-
                    ly staffed. Fifty  percent of State agencies have
                    fewer than 10 positions budgeted, and 50  per-
                    cent 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  diffi-
                    cult. The report estimates that by  1974  State
                    and local agencies will need 8,000 personnel if
                    they are to implement the Clean Air Act prop-
                    erly—a  jump of 300  percent over  the  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  com-
                    parable 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 per-
                    spective, to  compare  air quality  and  wate*.*
                    quality  efforts  on  stationary  sources,  since
                    many   aspects  of the  Federal legislation  are
                    similar.

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                     STATUTES  AND  LEGISLATIVE HISTORY
                                       1531
              Stationary sources

  Congressional and public concern focused on
water  pollution many  years before air pollu-
tion. The first permanent water pollution legis-
lation 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
watei s  of the  United  States,  covering: most
forms  of water  pollution. Water quality  cri-
teria have been developed, and  Federal, State,
and  local  governments and  industry are  be-
ginning  to commit themselves to  abatement
programs.
  In contrast, only five air pollution  criteria
have been issued; only  10  State standards have
been approved, and no  State implementation
plans have yet been approved. There  is  cur-
rently no basis for enforcing standards  because
enforcement must await approval of implemen-
tation  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  available technology for  a number  of
air pollutants, although most forms  of indus-
trial 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 manpower 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  im-
plementation  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  Fed-
eral 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 noncom-
pliance  is to  hold  the  polluter in contempt of
court.   The current act  does  not  provide  for
fines  to  compel  compliance.

                Mobile sources

   The  attack  on   pollution  from  automotive
emissions has begun   to  make progress.  Cur-
rent standards have already reduced  emissions,
and the  1973 and  1975 standards are expected
to  bring a further marked decrease.  As  dis-
cussed  earlier, however, control systems on ve-
hicles sold to  the public lose their effectiveness
moie rapidly than on test vehicles, and, accord-
ingly,  the goals may  not  be  met.  Also,  the
cm rent program does  not  deal with the mil-
lions of cars on the road  with no  control sys-
tems  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  example,
sampling stations  are generally  in  downtown
areas.  The deterioration  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  destruc-
tion  of  vegetation,  buildings, and  materials
occur.  But  improved  monitoring  systems  are
necessary to understand the status and trends
of air quality and to develop better  control pro-
grams.

           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  ex-
penditures  by  State   government   were  only
$1.1  million  in 1961.  Even  under the  stimula-
tion  of Federal grants, State air  pollution con-
trol  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.

                                  [p.  32916]

  NAPCA considers inadequate some 28 to 34
State programs for areas not  tinder the juris-
diction of a  local  agency.  Some 14  to 20  are
considered  adequate  or  progressing  rapidly,
and only  two to four are 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  rec-
ommends the following:
  1.  The  President's legislative program should
be enacted to deal more effectively with  sta-
tionary sources by setting  national air quality
standards and national emission standards on
substances  harmful to health,  by streamlining

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1532
LEGAL COMPILATION—AIR
enforcement procedures, and  by providing fines
of up to $10.000 a day.
  2. // the President's legislative  program is
enacted, the mayor Federal efforts on stationary
sources should be  directed toward  the prompt
establishment of national  air Quality standards
covering a  wide range of pollutants,  and to-
ward development of  emission control  limits
for harmful pollutants such  as asbestos,  beryl-
lium,, cadmium, and other toxic materials.
  3. Programs  must be  developed to improve
State and  local control agencies.  Highest pri-
ority 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 sul-
fur  oxides and nitrogen oxide  control technol-
ogy should be accelerated. Sulfur oxides control
technology for large coal- and oil-fired power-
plants should  be demonstrated  in actual opera-
tion  so  that the  technology -can  be applied
throughout the  industry. Both  government and
industry share responsibilities  for this. Studies
of  better  combustion methods to reduce  oxides
of nitrogen are also needed.
  6. A more balanced research and development
program  is  necessary  to  hasten  the  develop-
ment of  more  efficient  energy processes. Al-
though control  technology  for  sulfur  oxides
will provide appreciable improvement for sev-
eral decades, a  longrun answer to this type of
air  pollution  lies  in better  energy  conversion
processes which will  emit less pollutants per
unit of energy produced. Gasfield coal, fluidized
bed combustion, breeder  reactors, and nuclear
fusion all hold  promise.  Although research for
new  nuclear  power sources have  already re-
ceived  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 na-
tional  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 ac-
tions should be  considered.  Specifically,  incen-
tives might encourage increased research  by
the electric  power industry to develop  better
control methods and new  types of power that
are less polluting. Other  incentives could en-
courage a shift  to techniques which would re-
duce 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 be enacted.
                     8. Alternatives available to assure continued
                    control  of  motor  vehicle  emissions  under  ac-
                    tual road conditions should be evaluated.  Some
                    alternatives include  warranty  of system  effec-
                    tiveness  by  the manufacturer,  incentives  to
                    States  to  check vehicle emissions as  part  of
                    their  automobile  inspection  procedures,  and
                    development  of  more  foolproof emission con-
                    trol  systems  as  a p rerequisite  for  Federal
                    certification.
                     9.  The development and widespread testing
                    of  an inexpensive and effective  emission con-
                    trol 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  un-
                    conventional  vehicles 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.  Al-
                    though  the principal  goal of mass  transit is
                    more  efficient  transportation,  it  is  also a
                    method  to reduce  air  pollution. It  deserves
                    more  study  as  such.  Also,  more research is
                    necessary on  the  placement  of roadways  and
                    traffic flow patterns as  a method of minimiz-
                    ing air pollution.
                     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 pro-
                    grams  must  be improved considerably.   There
                    is   need  to   develop   inexpensive  automated
                    instruments  to  monitor  air  pollution.  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  fa-
                    cilities should be located  in places where their
                    adverse effect on  the  air  is minimal.  There ia
                    a  need  for State or  regional  agencies  to  re-
                    view 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 arrangements with  other  nations
                    in   limiting  total  amounts  of  air  pollutants
                    emitted into the  atmosphere. Air pollution is

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                  STATUTES AND LEGISLATIVE  HISTORY
                                 1533
 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 par-
 ticulates 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 arrange-
 ments  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 combustion
 and changes in fuel use have reduced soot.
  The costs and institutional barriers to higher
 air quality are not as  massive as in water pol-
 lution 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.
  The Council on Environmental Quality  be-
 lieves that a very high priority should be given
 to air pollution control. The opportunities for
 making significant  improvements in the  en-
 vironment, at relatively low cost, are  impres-
 sive. Indeed, the benefits which can be derived
 from greater control of air  pollution far out-
 weigh the costs of the control measures.

  Mr. COOPER.  Mr.  President, the
 distinguished  Senator  from   Maine
 (Mr. MUSKIE) has provided the Sen-
 ate  and  the country with a  concept
 of the pending bill and its purposes—
 an  excellent and  noble purpose, may
 I say. We are  indebted to him for his
 initiative and  leadership in the field
 of pollution  control over many years.
  The  distinguished  Senator  from
 Delaware (Mr. BOGGS), who has been
the  ranking  Republican  member  of
the  Subcommittee on Pollution  Con-
trol  for  a number of years, has ren-
dered yeoman  service to the commit-
tee, to the Congress, and to the people
of  this  country.   He  deserves our
gratitude.
  I join  the Senator from Maine (Mr.
MTISKIE)  in  saying that the work on
this  bill,  which has characterized the
work  on other  pollution  bills, has
been  of  the greatest interest  and, I
 may say,  the most  satisfactory  in-
 terest to all members of  the  commit-
 tee. The very  nature of  the  problem
 itself  demands long  hours  of  labor
 and the attention of each member of
 the committee to the  intricate  and
 delicate provisions involved in such a
 problem.  Its  immensity  drew  from
 every  member his attention  and his
 devotion in  order to  try  to find  a
 solution that would be fair and,  more
 than that, would also meet the neces-
 sities  of our time in the field of air
 pollution.
   Mr.  President, I  cannot pay too
 great  a  tribute to the members of the
 staff who  worked day and night with
 creativeness  and  industry   to  help
 bring this bill before the Senate.
   As  the  Senator  from  Tennessee
 (Mr.  BAKER), one of  the members
 of the  subcommittee,  said,  this bill
 is far reaching  and  may be  as pro-
 found  in  its impact upon  the  social
 and economic life of our Nation  as
 any that  has been  enacted into law
 by this session of Congress.
   I  would go further and say that it
 may have a larger impact upon the
 social  and economic life and health of
 this Nation than  any bill I have ob-
 served during my service in the  Sen-
 ate.
   To all members of the committee,
 the  majority  and minority, Republi-
 can  and Democratic,  my  congratula-
 tions.  We worked together. We dis-
 agreed. We  worried about many pro-
 visions of the  bill. At last, however,
 we joined unanimously in  recommend-
 ing  and  sponsoring this bill, believing
 that our approach was one that could
 make progress  toward solution of the
 problem of air pollution.
   No,  Mr. President, I have prepared
 some remarks.  I  do not wish  to  take
much time, because some  of my com-
 ments  emphasize  points  already made
by the Senator from  Maine and the
 Senator  from  Delaware,  but in my
       526-703 O - 73 - 24

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1534
LEGAL COMPILATION—Am
remarks  I  attempt  to  provide  the
general concept and  plan of the  bill
and its purpose. I hasten now with my
statement:
  Mr. President,  I would like to pre-
sent an outline of the general plan of
the air quality bill,  which  the com-
mittee developed after long and in-
tensive  consideration  and  has  now
presented to the Senate for approval.
  The bill extends for 3 years the au-

                          [p. 32917]
thorizations of the Clean Air Act of
1967, for extension of that  authority
is necessary this year, and it provides
greatly increased  amounts to accom-
plish the work laid out by the bill.
  It establishes a new framework for
action to achieve  clean air,  based in
large part  on  recommendations of the
administration and  the President's
Council  on Environmental  Quality,
proposals which  have been advanced
by  Senator MUSKIE,  and those  de-
veloped by the committee as the result
of  testimony   received and  through
consideration of the air pollution prob-
lems facing the country. I do  say at
this point that many  of these pro-
posals were similar,  although  there
were differences in specifics. This gen-
eral agreement in approach  shows, I
think,  that we  have  learned  much
about  air  pollution  and how to  go
about this task. Alternative ways of
proceeding  and  a rational  plan  of
attack on the problems of air pollution
are now better known—as they were
not in earlier  years.
  The bill grants  large  powers  to
the  Secretary of Health, Education,
and Welfare which, it should be noted,
will be transferred to the Administra-
tor of the  Environmental Protection
Agency under the President's reorga-
nization  plan to consolidate air, water,
and land pollution research,  standard
setting, and control and enforcement.
  The bill in  effect establishes a very
               high  national  priority for  the  goal
               of clean air.  It will not succeed with-
               out a massive  effort, not only by the
               Federal Government, the States,  and
               localities,  but by industry and through
               the willingness of citizens throughout
               the  country  to  make  the  sacrifices
               necessary  and to  pay the  price of
               accomplishing the goals of clean air—
               goals which the committee, the admin-
               istration, and, I am sure, the Congress
               believe the public urgently desires.
                 It is a far-reaching bill, as profound
               in its impact on the social  and  eco-
               nomic life of  our Nation  as any I
               have seen during my service in the
               Senate. I  know from our discussions,
               that all members  of the committee are
               keenly  aware  of the  scope  of  the
               challenge,  of the complexities of the
               problem,  and  of the sustained  and
               massive effort  which the  bill requires
               •—in  funding-,  training of  personnel,
               research,  private investment and en-
               forcement. Adoption by the Senate of
               the National Air Quality Act of 1970,
               and we trust its enactment  into  law,
               will be only the  beginning—the  step
               which lays out the statutory plan.
                 Mr. President, I  am  glad to see
               present in the Chamber  the Senator
               from Virginia  (Mr. SPONG) ,  the Sena-
               tor from Missouri (Mr. EAGLETON) —
               who  is now presiding—the Senator
               from  Tennessee   (Mr.  BAKER),  the
               Senator from Delaware  (Mr. BOGGS) ,
               and the  Senator from  Maine  (Mr.
               MUSKIE).  That  is  an indication of
               their deep interest that follows  upon
               the great work they  have done in the
               committee.
                 While the bill  is far reaching, and
               sets a high  challenge, we believe  it
               necessary  for life and for health, and
               responsive to our duty in husbandry
               to  future generations.
                 I have  emphasized at the outset my
               appraisal, for I think  it important
               that  the   Congress  and  the country
               recognize  the  size of the task—that

-------
                STATUTES AND LEGISLATIVE  HISTORY
                               1535
they  know  the  consequences  of  a
decision to secure clean air  under an
accelerated schedule. Unless this pro-
gram is  recognized and accepted for
what  it is—if it is to be underfunded
or  reduced  in priority,  or  if  the
national affection for the environment
now evident  is  fickle  or inconstant—-
the bill ought  not be enacted,  for  it
would be  a shame and tragic to hold
out false hope. I make this point also
because the  scope  of action required
by  the bill  rests  largely with local
decisions—often  hard   and   costly
decisions.
  This hill is certainly far more than
an exercise in the revised authority of
Federal  agencies.  Carrying  out the
program  envisioned  by the bill  will
require actions beyond the jurisdic-
tion and  control of the Senate Com-
mittee on Public  Works, or of  any
branch of  Government alone. We are
making our recommendation. We hope
we are correctly reflecting the  desire
of the Congress and of the  people of
our country.
  This is  the general plan of the bill:
  First, immediately after enactment
of the bill—30 days—air quality stand-
ards will he issued and then  within 90
days  established—a  national   stand-
ard applicable to the entire country,
and at a  level  "protective of health."
It would be established for each of the
five  major pollutants  for which  we
now  have the  most  knowledge  on
effects and about  control  technology,
already published—particulates,  sul-
phur   oxides,  hydrocarbons,   carbon
monoxide  and photochemical oxidants
—and nitrogen oxides  next  to  be
published—which  account  for 98 per-
cent by weight of all air pollution.
  These  ambient  air  quality  stand-
ards  would apply, as I have said, to
every part of the country,  rather than
only to the air quality regions estab-
lished under the  1967 act,  when  we
sought  to first concentrate on  the
most critical areas, some 40 of which
have now been designated. For admin-
istrative purposes in developing con-
trol  or  implementation  plans,  the
Secretary would complete the designa-
tion  of  the  important  air  quality
regions,  and the  States  could  divide
their  remaining  area  into  separate
regions if  they  wish.
  Within 9  months  after standards
are fixed,  pollution sources  must be
inventoried in the ent;re country, hear-
ings held, and a control plan must be
developed—including emission require-
ments for sources, and whatever land-
use,  traffic or other controls may be
necessary.   And  these   plans  must
accomplish the  air quality standards
within 3 years. It  is at this point that
States  and  communities  must make
economic decisions,  and  decisions on
the future growth of their areas  and
the kind of life  they  want, in con-
sidering alternative means of achiev-
ing clean air.
  National air quality goals, as distin-
guished  from  standards, goals pro-
tective  of  public  welfare as well as
health  and  including  visibility  and
effects on the environment, would  also
be  established,  but with  flexibility
to the  States in  the time  for their
achievement.  Later,  the   Secretary
could add  additional agents  to those
in the ambient air for which national
standards  would  be set  and  imple-
mentation  plans required. This is the
basic plan,  building on the concept
of the  1967 act, laid  out in sections
108 through 111.
  Second, in section 113 the bill estab-
lishes the  procedure to control emis-
sions from all new factories, including
the  expansion  of  facilities, in  in-
dustries designated  by the Secretary.
These new source performance stand-
ards would require industry to apply
the latest  available emission control
technology and  processes wherever a
new plant is located—and that high

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1536
LEGAL COMPILATION—AIR
standard would apply even if the local
implementation plan  alone could be
accomplished with some lesser  degree
of control. The concept is  that wher-
ever we can  afford  or  require  new
construction, we should expect to pay
the cost of using the best available
technology to prevent pollution. Like
national ambient  air quality  stand-
ards, the best control of new sources,
wherever  located, is  also  a recom-
mendation  of  the President.
  This  provision requires that  new
sources, that is, the industry plants, be
certified by the Secretary before they
can begin  operation,  to insure they
will meet the performance standards
—a degree of Federal control beyond
any  I  have supported in  the  past,
which we hope will not be abused,  but
one we  believe necessary as we begin
to deal with  the  air pollution as a
national problem.
  Further,  section  114  requires  the
Secretary  to  set emission  standards
for  specific  industrial  pollutants—
applicable  to  old  plants  as well as
new. This  procedure would  apply to
the same  industries  designated  for
new source standards of performance
in section 113.
  Mr.   President,  I  ask  unanimous
consent to have printed in  the RECORD
at the conclusion of my remarks thesa
industries  which  it is expected could
be designated for control.
  The PRESIDING OFFICER. With-
out objection, it is so ordered.
   (See  exhibit 1.)
  Mr.  COOPER. Mr. President,  the
committee  considers this approach in
section  114  much  more  manageable
than  attempting to  monitor  in  the
ambient air in every region the  less
diverse and widespread  agents, trace
them  back to  the source, and attempt
to enforce  against violations  of  the
ambient air quality—as  would have
been required under the 1967 act.
  Taken  together,  the new  source
               standards  of performance,  and  the
               national   emission   standards   for
               selected  agents  from old  as  well  as
               new plants, moves a long way toward
               national emission standards—a  con-
               cept rejected by the committee in  1967
               as logical for moving sources but not
               for  stationary sources.  I point  out,
               however,  that  the earlier concept of
               national emission controls alone was
               a  simplistic and  unsatisfactory  ap-
               proach, which not only raised great
               problems  of  fairness  and   Federal
               determination  of local  consequences
               but  also  gave no assurance that it
               would achieve quality of  the air we
               breathe.
                 The plan proposed in  the  bill de-
               veloped by the committee combines air
               quality standards, local implementa-
               tion  plans,  and  national  emission
               standards  for new  sources   and  for
               specific agents.

                                         [p.32918]

               From  old sources, in a way  that we
               believe will accomplish the purpose of
               the country.
                 Once the national  standards for air
               quality are established, the next step
               is for communities to determine how
               they wish to meet that standard. They
               will be assisted in drawing  up their
               implementation  plans by  the knowl-
               edge of new plant performance, and of
               emission control for  industrial pollut-
               ants, required by the Federal Govern-
               ment.  At this point  of decision,  com-
               munities and States  must also  know
               what  level  of  emissions they   can
               expect  from  automobiles—and   the
               consequent degree of traffic control or
               other steps which must be taken.
                 I  must say that the most difficult
               part of the bill—and one which earlier
               had been squarely faced—is  the  rela-
               tionship between moving and station-
               ary sources.  We  have attempted to
               bring  about  a  relationship  between
               the  two in this  bill, and any member

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                STATUTES AND  LEGISLATIVE HISTORY
                               1537
of the committee can tell you  that it
has not been easy. The  central prob-
lem is that the automobile not  only is
the source of at least 40 percent of the
pollution, but cars move about,  and we
assume,  therefore, must all achieve
the same standard.  The  amount  of
pollution  to  be  allowed from auto-
mobile traffic  must  really be decided
first—and  then the  remaining  deci-
sions  can  be  made,  the  remaining
pieces of the  plan  can be put into
place, to accomplish clean air.
  The committee has set a stringent
standard  and  a  high  goal for  the
reduction of  automobile emissions—
by  90 percent  of  1970  standards for
new cars, by  the  1975  model year. I
am  sure there  will  be   debate  on
whether that can be accomplished.
  These  standards also will be set  by
law, and not be regulated by the Sec-
retary.  I am  frank to  say I  do not
know if these standards can be met by
1975.  I do not know if the national
ambient air quality standards required
by the implementation plans, including
stationary source  controls,  can be ac-
complished in  all places by 1975. How-
ever,  as emphasized by the Senator
from  Maine  and the  Senator  from
Delaware, we have set these standards
because  we believe  that  they  can  be
met. Second, we know if they are to be
met,  the maximum  effort  must  be
made  by  the automobile  manufac-
turers,  and by the owners of other
emission  sources. We  know that if
delay is  permitted the number  of cars
in use will increase, new plants will
be  built,  existing pollution will con-
tinue, and the possibility of clean air
will be set back,  perhaps 5 years or
longer.
  There will  be  debate  on  amend-
ments, and perhaps we will be able to
review provisions in the bill, not only
for   automobile  manufacturers,  but
also for the owners of other facilities
with  source  emissions.  For example,
in the committee I offered, for myself
and the Senator from Tennessee  (Mr.
BAKER) ,  a section which provides for
review by the  Secretary with appeal
to the courts,  permitting  a  special
extension of 1 year if certain strict
requirements cannot be met. The sec-
tion  was adopted by  the  committee,
and is  section 202 (b) (4).
  I must say it  is a very  strict and
tightly drawn  provision,  but it  does
assure  the  right that  should be ac-
corded everyone, the right to due  proc-
ess under the law.
  Mr.  President, in presenting  this
general outline of the plan of attack
on air pollution provided by the bill, it
might as well be said that the philos-
ophy  of  the  bill abandons  the old
assumption of requiring the use of
only whatever technology is already
proven and at hand and of permitting
pollution  to continue when it is not
economically feasible to control it. The
bill proceeds instead to set out what is
to be achieved, and places its reliance
on a great effort to develop technology,
to train   and  put to work the  man-
power to accomplish that purpose, and
it assumes a  readiness by  industry
and the  people or the country to pay
the costs of pollution control.
  There  are a great many other im-
portant   provisions   of   the   bill,
especially  those dealing  with  much
more  stringent  and timely  enforce-
ment.  But  I  think  that  is the  con-
ceptual framework,  and I thought it
would  be useful for me  to  give my
appraisal at this time, as the Senate
begins its debate and consideration of
the National  Air Quality  Standards
Act of  1970.
              EXHIBIT 1
  New stationary sources which  the adminis-
tration has advised the committee  to  expect
would be  subject to the provisions of this
section include:
  Cement manufacturing;
  Coal cleaning operations;
  Coke byproduct manufacturing;

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1538
LEGAL COMPILATION—AIR
 Cotton ginning;
 Ferroalloy plants;
 Grain milling and handling operations;
 Gray iron foundries;
 Iron and steel operations;
 Nitric acid manufacturing;
 Nonferrous  metallurgical operations  (e.g.
   aluminum  reduction, copper lead, and zinc
   smelting) ;
 Petroleum refining;
 Phosphate manufacturing;
 Phosphoric acid manufacturing;
 Pulp and paper mill operations;
 Rendering plants  (animal matter);
 Sulfuric acid manufacturing;
 Soap and detergent manufacturing;
 Municipal incinerators; and
 Steam electric powerplants.

  The PRESIDING  OFFICER.  Who
yields time?

  Mr. MUSKIE.  Mr.  President,  I
yield briefly to  the  Senator  from
Delaware.
      PRIVILEGE OF THE FLOOR

  Mr. BOGGS. Mr.  President,  I  ask
unanimous  consent  that  additional
staff  members of  the  Committee  on
Public  Works be  permitted  on  the
floor  during consideration  today  and
tomorrow of amendments to the Clean
Air Act.
  The PRESIDING OFFICER. With-
out objection, it is so ordered.

    NATIONAL AIR  QUALITY
    STANDARDS ACT OF 1970

  The Senate continued with the con-
sideration  of  the  bill  (S.  4358)  to
amend  the Clean  Air  Act,  and  for
other purposes.
  Mr.  SPONG.  Mr. President,  the
proposed National  Air Quality  Stand-
ards  Act  of 1970 is  without question
the most significant  and far-reaching
environmental protection bill  ever to
be  considered on  the  floor  of  the
Senate. For the first time, specific air
pollution  compliance schedules  would
be established by  legislation—a pro-
\ision reflecting  the  committee's con-
                cern over the direct adverse effect of
                air  pollution upon public health.
                  We  have  carefully  preserved  the
                right of the public to participate in
                the  pollution abatement  process.  In
                one  significant respect, we have broad-
                ened that right. We have written into
                the  bill a section  authorizing  citizens
                to bring  suits  on their  own behalf
                to assure enforcement of standards,
                emission requirements or implementa-
                tion plans.
                  In an effort to prevent  frivolous or
                harassing litigation, we have provided
                that before instituting suit a citizen
                must give notice to Federal and  State
                authorities,   and  allow  at  least  30
                days to  permit them to  initiate  en-
                forcement  proceedings   against   the
                alleged  violator. There would be  no
                provision for delay following notice if
                there is alleged violation of the certifi-
                cation requirements under section 115,
                or a court order. The court could  allow
                costs  of  litigation to  either party
                whenever it  determines that  such  an
                award  was in the public interest.
                  It is not  our intent to substitute
                citizen  suits  for  the  enforcement
                efforts of the responsible administra-
                tive agencies. Rather,  we intend  the
                provision   to  corrplement  and   en-
                courage  the abatement  activities  of
                governmental agencies.

                                           [p. 32919]

                  I   am  particularly   pleased,  Mr.
                President,  over those sections of the
                bill  dealing with pollution from Fed-
                eral facilities and installations. Exist-
                ing law contains only an expression of
                intent  that Federal departments and
                agencies should, "to  the  extent  prac-
                ticable," cooperate with  Federal and
                State  efforts for  the  prevention  of
                air  pollution.
                  As is pointed out in the committee
                report,  Federal agencies have  been
                notoriously  laggard in abating pollu-
                tion. The pending bill  would  require

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                STATUTES  AND LEGISLATIVE HISTORY
                               1539
Federal agencies to provide leadership
for the control of air pollution. Only
the President could exempt a Federal
facility from the act, and  then  only
if he determined  the  exemption to be
in  the paramount  interest of  the
United States. An exemption  could
not be granted because  of a lack of
an appropriation  unless the President
requested  an  appropriation and  the
Congress  failed to approve  such  ap-
propriation. The  President would be
required to report to Congress annually
the  specific  exceptions  granted,  to-
gether  with  an  explanation of  the
exceptions.
  We  cannot  expect  individuals  and
businesses to  be  motivated  to abate
pollution  if  their  Government  con-
tinues to  pollute.  I   support  whole-
heartedly  the mandate for the Federal
Establishment  to  live  up  to   the
national commitment  for clean air.
  The  committee  has  changed  the
thrust of  existing law as it relates to
emissions  from motor vehicles. In the
Air Quality Act of 1967, we required
the Secretary to set  such  standards
on the basis  of economic and techno-
logical feasibility. Under the pending
bill,  the Secretary would  set stand-
ards  on the  basis of the  degree of
control necessary  to insure health-
related ambient air quality levels.
  In view of evidence that emissions
of carbon monoxide, hydrocarbons, and
nitrogen oxides now exceed  safe health
levels  in  many  major  metropolitan
areas, the committee's decision is  am-
ply justified. The overriding purpose
in the enactment  of legislation  of
this  type  should  be the  protection of
public health. The automobile is  the
major moving source of  pollution. Its
emissions  are  responsible for an  esti-
mated 60 percent of the Nation's urban
air pollution problem. Moreover,  the
rate of growth in motor  vehicles is
twice that of our national  population
increase.  Our  population  growth is
about 6,000 per day, but motor vehicles
are increasing at the rate of 12,000
per day.
  The bill  would establish as  1975
standards the emission goals proposed
for 1980. Automobile manufacturers
have  made  it  abundantly clear that
there are serious leadtime  problems
involved, and that technology may not
be available to meet the 1975 stand-
ards.  The  committee  weighed  very
carefully  that position  against  the
opinion that health requirements war-
rant an escalation in the 1980 goals.
  In my view, the industry should be
required to  exert every effort to meet
the standards  set forth in the bill.
Recognizing that technology may not
be available to meet  the standard, and
that the industry's  leadtime require-
ments may pose problems, I concluded
that there should  be a carefully drawn
mechanism  in  the bill  which would
permit an extension  of the standard.
  Such  a provision has been included.
It  would  permit the   Secretary  of
Health, Education, and  Welfare, after
a hearing, to grant  an extension of
1 year. That decision would be sub-
ject to  judicial  review.  During  the
committee's consideration of this prob-
lem it was  suggested that Congress,
rather than the courts, should review
the Secretary's decision.
  I concluded that jurisdiction should
be vested in the  courts because they
are better equipped  to  obtain the in-
formation necessary  on which to make
a judgment. In  this particular  situ-
ation, most  of  the information would
be in the hands of the automobile man-
ufacturers. The courts can obtain that
information through  the  discovery
process, and can  compel the attend-
ance of witnesses. In any event,  Con-
gress would set the  standard by this
legislation,  and  of  course  Congress
could amend it at any time.
  Mr. President,  it has been a privi-
lege to participate in the development

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1540
LEGAL COMPILATION—AIR
of this landmark bill. The Subcommit-
tee on Air and Water Pollution devot-
ed most of the summer to the measure,
and I hope it will be enacted.  I wish
to  thank our distinguished subcom-
mittee  chairman,  the Senator from
Maine (Mr. MUSKIE), for his leader-
ship during our deliberations.  With-
out question, he is the most knowledge-
able  Member  of the  Senate  on the
subject  of this bill. I also am indebted
to the distinguished chairman  of the
full committee, the Senator from West
Virginia (Mr. RANDOLPH), for accom-
modating the  members  while they
worked  their will on the legislation.
  I  also  wish  to   acknowledge the
efforts and contributions of the Sena-
tor from Missouri  (Mr.  EAGLETON),
and the minority members of the com-
mittee—particularly the Senator from
Kentucky (Mr. COOPER),  the Senator
from Delaware (Mr. BOGGS), and the
Senator from Tennessee (Mr. BAKER).
  Mr. MUSKIE.  Mr. President,  I
wish  to express my appreciation for
the  statements made  this  afternoon
by  the  distinguished  Senators from
Delaware,  Kentucky,  and  Virginia.
Each of them has made a significant
contribution to the  work  on this bill,
the ideas contained in  it, the shape it
now takes. I expressed my apprecia-
tion generally to the members  of the
committee earlier. I  would like to re-
inforce  it in response to the excellent
statements made today.
  I yield to the distinguished Senator
from Tennessee  (Mr. BAKER), whose
work also has been  indispensable.
  Mr.  BAKER.  Mr.  President,  I
thank our  colleague from  Maine. I
thank him for the opportunity to speak
'briefly  in the nature  of  an opening
statement on an important piece of
legislation. It is  important that the
Senate  understand  the potential im-
plications of  this bill.
  Although as  a rule  I  try to avoid
hyperbole,  I  do not think  it  is ex-
               aggeration to say I think this bill will
               have a  profound impact on the eco-
               nomic  and  governmental  character-
               istics of the American Nation.
                 One of the most self-evident truths
               about the environment is the fact that
               the environment is a  system,  from
               which no part can be truly and finally
               separated. Thus, every  act which im-
               pinges  on  one  part  of the environ-
               ment or the "ecosystem" has an im-
               pact on other  parts  of the  system.
               The death of an insect has an impact
               on the  food chain;  the detonation of
               a nuclear device in  the atmosphere
               has a potential  impact on the genetic
               characteristics of unborn children.
                 It  is  not necessary that mankind
               be paralyzed into inaction by the reali-
               zation  that his actions spread like
               ripples on the surface of a pond. It is
               also  not necessary that man  return
               to the cave to protect his environment.
               But it is necessary that we seek new
               knowledge of how our  actions do affect
               our environment, that  we   rationally
               choose ways to  minimize or eliminate
               effects that we  do  not want to occur,
               and that we implement  these methods
               with a  sense of urgency where the
               effects  are immediate.
                 Mr. President, the  concept  estab-
               lished in this bill  that the objective
               of healthful air be attained within a
               required period of time  is not entirely
               new  and one that is  entirely appro-
               priate in pollution control. In the bill
               it is  proposed that  the  quality of air
               necessary  to protect  the  health of
               persons  in the United States in  every
               area of the United  States must be
               obtained within  3 years from this date
               of promulgation or approval  of an
               implementation  plan.  It is proposed
               that this is what the  Congress would
               determine to be the maximum time to
               attain this quality of air and what the
                American  people have  a right to ex-
               pect.
                 It is important to note that in con-

-------
                STATUTES AND  LEGISLATIVE HISTORY
                               1541
sidering  this bill we are considering
a basic change  in  the  philosophy of
the Government of the  United States
toward the  pollution of  the air en-
velope upon which  we  all  depend.
When  I  first came  to the Senate of
the United States, the first legislation
in this field had already been passed,
largely  under the  guidance and di-
rections  of  the subcommittee chair-
man,  the Senator  from Maine  (Mr.
MUSKIE) .
  At  that time, in  early  1967,  the
junior Senator  from Tennessee was
exposed to the  intricacies and under-
lying rationale  of  the  so-called am-
bient  air theory;  that  is,  that  the
emphasis was  going to  be directed
toward   accomplishing  the  improve-
ment  of  the particular quality of the
overall atmosphere.
  I recall at that time that we also
considered as an  alternative  to  the
ambient  air  approach  the  establish-
ment  of  uniform  national  standards
for all sources of emissions by class.
  I remember at that time there was
considerable dialog among members of
the committee  and  witnesses  on the
relative methods, the so-called dilution
theory and the  pristine  air theory.
  The ambient air  concept implies
that it is possible  or desirable to ac-
cept a certain  amount of  pollution;
that it is not desirable to set uniform
standards for every source.  It is im-
plicit in  the stack  standard or emis-
sion standard theory that we will not
permit a degree of  pollution  in the
atmosphere  of  those areas that  have
relatively clean air,  which is probably
the more idealistic and probably  less
attainable objective.
  At  that time, in 1967, the  policy of
ambient  air quality was adopted  and
became the law of the land. It has pro-
ceeded apace  now  for  more than  5
years.
                          [p. 32920]
  The uniqueness of  this legislation
is that it proceeds to depart from the
ambient air theory with the require-
ment  that,  at least insofar as  the
automobile is concerned, we are going
to establish by statute certain precise
emission levels that cannot be exceed-
ed by any automobile anywhere, which
brings us back to the original con-
cept of the alternative of the  emis-
sion standard theory.
  It is an important step, and I think
I would be less than candid  with my
colleagues if  I did not make the esti-
mate  that, if the  legislation is passed
—and I hope it is—it probably is the
forerunner of  other efforts to estab-
lish particular standards for partic-
ular sources  of pollution  into the at-
mosphere.  It  most  certainly  is  not
likely to be the last.
  So  if we establish these standards
for  automobiles now, which is poten-
tially one of  the most controversial
sections of the bill, I think we should
keep  one eye cocked on the fact that
we  are likely  to pursue  this  theory
further rather than  stop here.
  I  believe, on balance, that in the 4
years I have  been  in the Senate I
have  seen few, if any, other pieces of
major legislation  that have been as
thoroughly examined and as painful-
ly considered as the bill before us has.
  I  have seen the committee  work to-
gether,  and   I have  seen  it  work
against itself,  so to speak, in  trying
to  arrive  at  a fair plan, under  the
necessities  and requirements  of  the
circumstances,  for a  workable solu-
tion of  the  problem. I have seen us
evolve this new theory and yet imbed
it  into  the original concept of  the
quality of ambient air. I see in the bill
a melding  together  of the two con-
cepts and the beginning of some new
differences.
  I  do not suggest, as I  never sug-
gested in committee,  nor  do  I believe
any other  member of the committee

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1542
LEGAL COMPILATION—AIR
suggested, that the bill is perfect, or
even  that it is outstanding. It  may
turn out to be very good. It may turn
out to be best of all, though, for be-
ginning something new.
  There  are certain  provisions in it
that give me great pause. One is the
very nature  of the requirement that
certain statutory standards be met by
the automobile industry by a specific
statutory date, with the  provision for
only a limited escape hatch.
  As the distinguished Senator from
Kentucky (Mr.  COOPER)  pointed out,
there was  considerable  discussion of
the  various  ways of  relieving  the
stresses of uncertainty; and the bill as
reported reflects  a limited  possibility
of relief based on judicial review with-
in narrow limits.
  I  am  not  certain this is the best
way or only way to do  it—there are
other ways—but it seems to  me it is
the best compromise under the circum-
stances. If we are to consider the pos-
sibility that the automobile  industry
cannot in fact  build production  line
vehicles for sale to the general public
that meet these standards by the year
1975, and if we  are to  give  credence
to the allegation that they do not now
have the technology  in  sight, then I
think it is incumbent on  us to provide
a method of escape from the statutory
provision. We  have attempted  to do
that by  judicial review.
   It  seems   to me that judicial  re-
view—calm,  judicious determination,
that  certain fact situations do or do
not  exist which would form the basis
for  relieving the automobile  industry
from  compliance  with  these sections
of the statute—is  the  best way to
isolate that determination  from  the
considerable political pressures which
would be brought  to bear  if we had
not  then solved the problem of auto-
mobile pollution.
   Other ways  are suggested, one of
which is similar to the procedure fol-
               lowed  under the Reorganization  Act
               suggested by the distinguished  junior
               Senator from Kansas, or other meth-
               ods of judicial review. The important
               thing to me, though, is that the bill
               as  reported does provide  an  escape
               hatch. It does  provide  a method of
               coming to terms with  the  possibility
               that we will not be able to meet the
               standards set.
                 I frankly think  we can. I frankly
               think  the  automobile   industry  can
               meet these  standards. And the over-
               riding consideration is that we must
               do something to clean up atmospheric
               pollution, and recognize the fact that
               the automobile is a major contributor
               to it.
                 Mr. President, another section that
               concerns me has to do with the regu-
               lation of vehicle fuels. The language
               as finally reported by  the committee
               appears in section 8 beginning at page
               74, line 12. A new section,  212,  is
               added to the Clean Air Act.
                 There has been a flurry of attention
               recently in  connection  with the  in-
               troduction of low-lead automobile fuels
               into the market.  At least  one major
               metropolitan   government   has  an-
               nounced that its fleet vehicles will use
               only gasoline with no lead  additives.
                 Although it  has  been  lead that has
               received the greatest attention, there
               are  other additives used  in  fuels  or
               which might  be used in fuels which
               are  potentially  hazardous  or unde-
                sirable.  The  subcommittee  received
               testimony from witnesses to the effect
               that  the  combustion of certain  aro-
               matics present in high-octane unleaded
               fuels  might  be more  hazardous  to
               health than the presence of lead itself
               in  emissions  from vehicles  burning
               leaded  gasolines.  The  subcommittee
               also  heard testimony  from  at least
               one scientific witness to  the effect that
               more lead is introduced into the hu-
               man  system through the food chain
               than through  the  inhalation  of  lead

-------
                STATUTES  AND LEGISLATIVE HISTORY
                               1543
particles present in the atmosphere.
  There  appears  to be no unanimity
among competent persons about  the
contribution of fuel additives  to  the
general pollution problem. But there
is  no  doubt  that the combustion  of
fuels in vehicles is a significant source
of air  pollution.
  It has seemed to me from the out-
set—and I have  sought to have this
concept  embodied  in  the committee
language—that   in  considering  the
question of fuel composition one must
never lose sight of  the fact that what
is  of interest is not the composition of
the fuel per se but  the  emission  of
the products of the combustion of  a
given fuel  into the  atmosphere. This
may seem like  a  simplistic or truistic
point, but it is a central one. Put more
colloquially  it  says,  "We are  con-
cerned not with  what goes  into  the
tank but with what comes out of  the
tailpipe."
  The  committee bill  provides  that
any manufacturer  of a  vehicle fuel
must register that  fuel with the Sec-
retary and disclose  to the Secretary,
among  other  information, the com-
position  of the fuel and the products
of  the  combustion of  the  fuel. The
Secretary is authorized to either con-
trol or prohibit the sale of any given
fuel when he finds  one of two things:
  First.   That  the   combustion   or
evaporation  of  such  fuel  produces
emissions that, in and of  themselves,
endanger the public health or welfare;
or
  Second. That such  emissions  pre-
vent the operation of a system  that is
necessary to reduce automobile emis-
sions to  the levels  required by stand-
ards issued by the Secretary under
section 202 of the  act.
  The   important  thing  to  hear  in
mind is that this section is not designed
to  give  to the Secretary of Health,
Education, and Welfare the authority
to set about regulating the composition
of fuels. The  composition of fuels in
the business  of  fuel  manufacturers
and those who buy their products. The
business of the Secretary  of Health,
Education, and Welfare is seeing to
it that  the public health and welfare
of people is protected from the harm-
ful effects  of  air  pollution. It is,  for
example,  entirely  possible  that   an
economic manner can be found to meet
the section 202 standards that would
permit  the continued use of lead  ad-
ditives  in gasoline. In such an event,
the Secretary  would ban  fuels  con-
taining lead only if he found that the
fuel emission  into the atmosphere of
the combustion products of a given
fuel containing lead additives was, in
and of itself, an endangerment of the
public health  or  welfare. An amend-
ment offered in committee by Senator
SPONG  and now  appearing as  new
subsection  212(c) (3) at page 77, line
3, further provides that the Secretary
shall prohibit the use of any fuel until
he finds that such prohibition will not
result in the use of another fuel which
will provide emissions  dangerous  to
the public health or welfare  in  the
same or greater degree.
  I simply  reemphasize for the  rec-
ord that what  is intended is the  reg-
ulation of fuels and not fuel  additives
or  fuel composition. And the  fuel is
proposed to be regulated, not because
of what is in it or how it is made  up
according to what formula or process,
but because of emissions into the at-
mosphere following the combustion of
the fuel.
   I  think  it  is  urgently  important,
Mr. President, that we keep in mind
that we are  trying  to  regulate  the
combustion  byproducts  of  the fuel,
and not shift  the burden  of innova-
tion from  the manufacturer  of  the
fuel to the Secretary.
   Mr.  President, I referred earlier to
section 202 as it relates to automobile
emissions.  This section of the bill has

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1544
LEGAL COMPILATION—AIR
gained the greatest public attention.
It relates, of course, to emission stand-
ards  for  moving sources,  and most
particularly subsection 202 (b), begin-
ning  at page  46, line 21, which sets
very tough new emission

                           [p. 32921]
standards for passenger automobiles
which must  be  met  no  later than
January 1, 1975. It is well known to
the Senate and to the people generally
that the four principal manufacturers
of automobiles in  the United States
have stated that they know of no way
in which the  standards can be met.
   It may prove  to be true that  the
standards cannot be met. The industry
does  not know.  The Secretary  of
Health, Education, and Welfare does
not know. Certain it is that the junior
Senator  from  Tennessee  does  not
know. But I do know that we need to
try, and  to try hard.  It is believed by
the committee that section 202 (b) pro-
vides an incentive for such an all-out
effort. It is, I  think, the  conviction of
the committee, generally, that without
such  an  incentive  such  an  all-out
effort might not be made.  This is  not
meant to impute  to  the  automobile
industry any lack of devotion to  the
public welfare.  It  is  meant  only to
acknowledge  a certain conviction on
the part  of  members of  the com-
mittee, and  particularly  of the  sub-
committee, nurtured   from years  of
contact  with  the problem  and efforts
that have been made to  deal  with it,
that  an  ambitious  goal  encourages
and promotes a more satisfying result.
  As  I stated earlier, Mr.  President,
such  a  requirement,   I think, might
better not be built into the statute if it
were not for the fact that we also pro-
vide a realistic appraisal and  review
of whether or not the industry is  not
able to meet the requirements of  the
statute. Of  course, it is  clear that
what  Congress does  today, Congress
               can undo later, but I  think that is a
               fairly faulty way to approach a sub-
               ject as important as this.
                 I think the bill does provide relief
               in the form of judicial review under
               section 202, and that there is a fair
               opportunity for the industry  to 'show
               that,  with good-faith effort, it was not
               able to meet those standards, if that
               turns  out to be the case.
                 But I underscore my comments  on
               that particular subject by saying that
               I personally have great faith  that the
               automobile industry, with the  internal
               combustion  engine, if it  chooses,  can
               meet  these requirements,  and that in
               any event we must meet  them, if  we
               are to protect the health  and welfare
               of this and future generations.
                 Mr. President, I  yield the floor.
                  (Mr. SPONG assumed  the  chair as
               Presiding Officer at this  point.)
                 Mr. EAGLETON.  Mr. President,
               much  has been said  today, and will
               be  said, with  respect to the origin
               and background of the pending legis-
               lation with respect to air pollution
               and the establishment of  national air
               quality standards.  All I  wish to do,
               Mr.  President,  is  add a few brief
               words echoing  the sentiments as pre-
               viously expressed,  I  think,  by  the
               Senator from Kentucky (Mr. COOPER),
               the  Senator  from  Delaware  (Mr.
               BOGGS), the Senator from Tennessee
               (Mr.  BAKER),  the  Senator from Vir-
               ginia   (Mr.  SPONG),  and others  in
               paying tribute both to the chairman
               of the  subcommittee  (Mr. MUSKIE)
               and to his very  able and hard-work-
               ing staff, which  assisted  all  of us in
               the preparation of  this measure.
                 No  single piece  of  legislation, Mr.
               President, has  demanded  more of my
               personal  attention  in  the  past  6
               months than the matter  now before
               the Senate. As  the  Senator from Ten-
               nessee (Mr. BAKER) has  pointed out,
               this may  not  go down in history  as
               the most  outstanding piece of legis-

-------
                STATUTES AND  LEGISLATIVE  HISTORY
                               1545
lation ever enacted, but I  think, to
use the Senator's words, in  his judg-
ment it will be considered to  be a very
good  piece of legislation. And insofar
as that which can be devised by mortal
man—to  wit,  nonperfection—is con-
cerned. I  guess the accolade of "good"
is about as safe  a one and as appro-
priate a one  as  we can apply to the
legislative process.
  Thus it was  with  great  pleasure
that I joined as a  cosponsor of this
measure,  and I repeat that in  signifi-
cant measure, the credit for this bill
emerging in its  present form to the
floor  of  the  Senate belongs  to  the
Senator from Maine and, in no small
measure,  to  his  very able  and per-
severing staff, who spent many, many
hours during  the nitty-gritty and un-
heroic work of assisting us in getting
it into final legislative  form.
  I think that at the  very outset,  as
Senator BAKER pointed out, it will be
considered a  very good, very mean-
ingful, and very worthwhile piece of
legislation.
  Mr.  MUSKIE.  Mr.  President,  I
should like to say a word about mem-
bers  of  the  committee  I regard  as
counsel to the committee.
  Senator BAKER, Senator EAGLETON,
and of course the distinguished Sena-
tor from Kentucky (Mr.  COOPER) have
been of great value to me, as well as
to the rest of the committee, I think,
in picking up the legal challenges that
are obviously involved  in the bill. I
think that by their disagreements with
each other as much as by their agree-
ments, they were able to focus our at-
tention on important points that might
otherwise  have   been  neglected.  I
should like to express  my  apprecia-
tion. Senator BAKER this afternoon has
particularly  given us  an example of
the kind of thoughtfulness that he has
addressed to this bill in that respect.
  Mr. President,  I yield to the Senator
from Kansas. I should like to express
my appreciation to him, as a member
of the committee, for the work he has
given  to  this  bill.  Especially  I am
interested  in paying tribute to  an
amendment he will call up later in the
course of  this debate which I think
is an ingenious answer to the trouble-
some problem  of  reviewing a  policy
which the  bill  incorporates.
   Mr. DOLE.  I thank  the  Senator.
Mr.  President,  President  Nixon,  in
the first Presidential message to Con-
gress  on  the environment, proposed
far-reaching legislative  and  admin-
istrative initiatives to restore and pre-
serve our precious natural resources.
The  President pointed  out that we
have "too casually and too long abused
our national environment." He empha-
sized that  "the  time has  come when
we can wait no longer  to repair the
damages already done, and to  estab-
lish  new criteria to  guide us in the
future."
  In his recent message "A Call for
Cooperation" President Nixon declared
that "reform" would be  the  watch-
word of his  administration—reform
of our institutions and creation of the
conditions  we  will  live  with  in the
future. The  President described our
choice very clearly:
  We can choose  to debase the physical  en-
vironment in which we  live  and with  it the
human society that depends on that environ-
ment, or we can choose to come to terms with
nature, to make amends for the past, and build
the basis for a balanced and responsible future.
  A  major  portion  of  the  37-point
program proposed by  the President
was  devoted to air pollution. We have
become increasingly  aware that the
air  around us is  our most valuable
resource and one  which we must act
now to  preserve. Carbon  monoxide,
one  of the  major pollutants, is reach-
ing  unhealthy  levels   regularly  in
major metropolitan  areas. Other con-
taminants entering our air cause mil-
lions of dollars in  property damage
and  destroy plant and animal life.

-------
1546
LEGAL  COMPILATION—AIR
  The bill reported from committee is
in response  to this challenge and is
the result of many hours of bipartisan
efforts  by committee  members, staff
members,  and  the executive branch.
It contains elements of legislation in-
troduced  by  Senator  MUSKIE,  chair-
man of the subcommittee  on Air and
Water Pollution, as well as significant
aspects  of legislation  introduced by
Senator SCOTT, minority leader, on be-
half of the administration.
   Specifically,  the  following  Presi-
dential administrative and legislative
recommendations  for  control  of  air
pollution are contained in  the bill:

  1.  More  stringent  motor  vehicle emission
standards.
  2.  More  effective  procedures  for  insuring
that  motor vehicles  meet  the  low pollution
standards.
  3. Authority to regulate fuels  and fuel addi-
tives.
  4.  Financial support for  research and devel-
opment of  unconventional pollution-free power
somce^.
  5.  National ambient air quality standards,
with the States required  to prepare imple-
mentation  plans  for  meeting these standards.
  6.  Accelerated  designation  of  interstate air
quality control regions.
  7. Establishment of national emission stand-
ards for pollutants which  are extremely haz-
ardous  to health and  for new facilities which
could  be major contributors  to  air pollution.
  8.  Extension  of Federal  authority to  seek
court actions against both interstate and intra-
state air pollution.
  9. Court authority  to impose  increased  fines
for violation of emission requirements.

   My  State  of Kansas is fortunate
that it does  not face  so many of the
severe problems  of air  pollution con-
fronting more intensively industrial-
ized  States.  Passage  of this bill  will
assist  in  remedying  the  problems
which do exist and insure the  preser-
vation of the  high-quality of air Kan-
sas presently enjoys. Specific pollut-
ants present  in the  Kansas City air
quality control region will be  subject
to action by both  Kansas and Mis-
souri within 3 years.
   Under this bill,  we can  continue  to
                encourage  the  location  of  new  in-
                dustry  in  Kansas  and  other  rural
                unspoiled  regions   without  fear  of
                polluting the high quality of air found
                there.  At  the  same  time,  national
                standards for new  stationary sources
                will not place some States at a com-
                parative  disadvantage  affecting  in-
                dustry  decisions on plant locations.
                   Kansas  State officials  responsible
                for
                                            [p. 32922]

                administering air pollution laws have
                expressed a  hope  that with the in-
                creased responsibilities  mandated by
                this bill will come  an increase in the
                Federal funding necessary to hire ad-
                ditional technical personnel. I want to
                specifically urge the Congress to ap-
                propriate   sufficient  funds  to  meet
                this need, and urge officials  responsi-
                bile  on  the   Federal  level  to  work
                closely with  the States in  fulfilling
                their new responsibilities.
                   While  I am  in  substantial  agree-
                ment with the bill as reported,  I  feel
                there  are  certain  provisions  which
                could be improved. We have established
                the 1975 model  year  as the deadline
                for achieving  a 90-percent  reduction
                in automobile emissions from specified
                1970 levels. The committee,  recogniz-
                ing that there might  not be sufficient
                time for  the  industry to  meet  this
                standard, provided for a 1-year ex-
                tension of the deadline by the  Secre-
                tary, subject to judicial review. How-
                ever, I believe a combination  of admin-
                istrative  and   congressional   action
                would  be more consistent with the in-
                tent of Congress. I have submitted an
                amendment in the form of a substitute
                for Section 202(b) (4) to provide au-
                tomobile manufacturers an opportuni-
                 ty to petition  the  Secretary for  a  1-
                 year extension of the  1975 deadline. If
                 the Secretary who possesses the ex-
                 pertise and factfinding authority, finds
                 the extension  to be in the  public in-

-------
                  STATUTES  AND  LEGISLATIVE HISTORY
                                   1547
terest, and also finds that all possible
good faith efforts to meet the standard
have been made, and the technology is
not  available,  he must  recommend to
Congress  a 1-year extension,  with a
complete record  of information avail-
able  to  it, will then be  in position to
determine  if  the  Secretary's  policy
judgment in   establishing  the   1975
deadline,  and  it  is  only  logical  that
Congress  should  have the authority to
review  that  policy  decision  on  the
basis  of social, health,  and economic
considerations, which  might  become
apparent  as that  deadline approaches.
   By the  terms  of  the  amendment,
Congress  would  be  given  the  fi nal
opportunity  to act, thus placing the
responsibility where it  should be. The
procedure is similar to  that employed
in the  executive  reorganization  acts
and  would be more expeditious  than
depending- on  court  action  with  the
potential for delay incumbent  in  that
process.
   Adoption of this  amendment  will
provide  a  responsible  answer  to  a
difficult problem,  one that I know con-
cerns every member of  the committee
greatly. If Congress, in a declaration
of national  policy,  establishes strin-
gent  emission requirements  for  the
automobile industry,  it  should  assure
congressional  review  of  that  policy
judgment in the event that compliance
with those standards is  not possible.
   I urge my colleagues to support this
bill and my proposed amendment.

         AMENDMENT NO.  928

   I  submit the  amendment and  ask
unanimous  consent that  it may  be
printed  in the  RECORD.
   The PRESIDING  OFFICER.  The
amendment will be received and print-
ed, and  will   lie on  the table;  and,
without objection, the amendment will
be printed in the  RECORD.
   The amendment, ordered to be print-
ed in the  RECORD, is as follows:

  On page  48, beginning with line 11,  strike
out all through line 6 on page 52, and  insert
in lieu  thereof the following:
  "(4) (A)  Within 24 months  but  no  later
than 12 months  before  the  effective  date  of
standards established  pursuant  to  this sub-
section  any manufacturer  or manufacturers
may file with  the Secretary an application for
a public heaping  on the  question of a suspen-
sion of the  effective date of such standards for
one year. Upon receipt of such application, the
Secretary shall  promptly hold  a hearing  to
enable  such manufacturer  or manufacturers
and any other interested person  to present in-
formation relevant  to implementation  of the
standards.
  "(B) In  connection with any hearing  under
this subsection,  the  Secretary may sign and
issue subpoenas  for the  attendance and testi-
mony of witnesses and the production of rele-
vant papers,  books,  and documents, and ad-
minister oaths. Witnesses summoned shall  be
paid the same fees and mileage  that are paid
witnesses in the  courts  of the United  States.
In case  of  contumacy or refusal to obey a
subpoena served  upon any person under this
subparagraph, hte district court  of the United
States for any district in which  such is  found
or resides or  transacts  business, upon  notice
to such  person to appear and give testimony
before the Secretary or to appear and produce
documents before the Secretary, or both, and
and- failure  to obey  such order of the  court
may be punished  by such court as a contempt
thereof.
  "(C) Within 6 months after such receipt  of
the application for suspension,  the Secretary
shall,  if  he  finds  upon  a   prepondence  of
evidence adduced  at such hearing that a sus-
pension is essential  to the public interest and
the general  warfare of the United States, that
all possible  and good faith  efforts have been
made to  meet  the standards established by this
subsection,   and- that effective control technol-
ogy,  processes,  operating  methods or  other
alternatives  are not available  or have not been
available for sufficient period  to achieve com-
pliance prior  to the effective  date of  such
standards even  with the full application  of
section  309  of this Act,  recommend to  Con-
gress that (i)  the effective date of such stand-
ard be suspended for a period of only one year,
and (ii) the emission standard that should  be
applied  during  any such suspension   which
standard shall  reflect the  greatest  degree  of
emission control  possible through  the use  of
technology available.
  "(D) The findings and recommendations re-
quired by this subsection shall not be subject
to judicial review. Such recommendations shall
be effective as law at the  end of the first period

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1548
                        LEGAL  COMPILATION—AIR
of 60 calendar days of continuous session  of
Congress after the date on which  the recom-
mendation is transmitted to it unless, between
the date of transmittal and the end of the 60-
day period, either House passes a resolution
stating in substance that the House  does not
favor such recommendation.
  "(E)  For the purpose of this paragraph—
  "(i) continuity of session is broken only  by
an adjournment of Congress sine die; and
  "(ii) the days on which either House is not
in session because of an  adjournment of more
than  3 days to a day  certain are  excluded  in
the computation of the 60-day period.
  "(F)  Nothing in this paragraph  shall ex-
tend the  effective date of any emission stand-
ard established pursuant to this  subsection for
more than one year,

   Mr.  COOPER.  Mr.  President,  I
know  there  is wide interest  in the
emission standards   for   automobiles
required by the bill  developed by the
                                        committee.  During  consideration  in
                                        subcommittee and  the full committee,
                                        we referred to a  summary table of
                                        automobile  emissions, which contains
                                        the figures in grams  per mile  com-
                                        paring   uncontrolled  emissions,  the
                                        1970  standard,  the  proposed  1975
                                        standard under present law, the 1980
                                        goal put forward  by the administra-
                                        tion,  and the level proposed  in the
                                        bill. I ask unanimous consent that the
                                        table be printed in the RECORD  for the
                                        information of  Members, because  I
                                        am sure that  these facts  will be  re-
                                        ferred to during the debate.
                                           There being no  objection,  the  table
                                        was ordered to be  printed in the REC-
                                        ORD, as follows:
                                 AUTO EMISSIONS

                             [All figures in grams per mile]
Hydrocarbons,
new test
Uncontrolled 	 	 	 	 . .. 14.6
1970 standard . 2.9
Proposed 1975 standard .5
Proposed 1980 standard . _. .25
Bill language (90 percent reduction of 1970 or uncontrolled). .29
Carbon
monoxide,
new test
116.3
37.0
11.0
4.7
3.7
Nitric oxides,
old test
4.0

.9
.4
.4
Particulate,
matter
old test
0.4

.1
.03
.04
   Mr. HRUSKA. Mr. President, at
 the outset of my remarks, I want to
 testify and bear witness to  the great
 interest  this Senator has had in meas-
 ures  dealing  with pollution  and with
 antipollution  measures. This Senator
 has  cosponsored  the administration
 bill, which was introduced by the dis-
 tinguished   Senator   from  Pennsyl-
 vania (Mr. SCOTT).
   I have subscribed to the very com-
 prehensive program which the Presi-
 dent has announced  and which he is
 urging with  such commendable loyal-
 ty and aggressiveness. After all, this
 is one of the  leading issues,  if  not
 the leading issue, of the day. The need
 is urgent; it is vital. It is vital  and
 urgent not only for proper living  and
 for health and for safety to the mil-
                                         lions  of  people  in America, but also
                                         in terms of survival on a longer pull.
                                           This bill and the subject with which
                                         it  deals  is  monumental,  and  I  com-
                                         mend the  committee for it.  It  is  a
                                         pioneering effort, and I subscribe to
                                         the words of the Senator from  Ten-
                                         nessee that many of its provisions are
                                         the  result  of painstaking effort  as
                                         well.
                                           Our task in this field is a great one,
                                         as we all know. It is not only to  over-
                                         come the backlog of 100 years of neg-
                                         lect in this field.  During that time this
                                         Nation has become an  industrial Na-
                                         tion.  We have profligate with our re-
                                         sources.  We have not been sufficiently
                                         concerned  with  the abuses we  have
                                         committed upon  our air, our  soil, and
                                         our  water.
                                                                     [p. 32923]

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                STATUTES AND LEGISLATIVE  HISTORY
                               1549
  Again I say that I  commend the
committee for the effort it has made in
this  bill,  which contains  almost 100
printed pages.
  However, one thing  distresses this
Senator very much.  Notwithstanding
the  importance of  this bill and its
monumental character,  it was not un-
til Friday, when  Thursday's RECORD
became available, that the text of this
bill became available even to Members
of the  Senate.
  It  was not  until this  morning that
copies of the  report  on  this bill were
available so that we  could get a  feel-
ing for the rationale and the fashion
in which it is to be  implemented and
its provisions  enforced.
  It  has been only  since last Friday
that  the Office of Budget  and  Man-
agement got the bill so that it  could
study  it and  give its opinion to the
Members of Congress.
  Just this morning, the Department
of Justice  got it  for the  purpose of
giving its legal opinion to the Office of
Budget and  Management.  That  does
not comport  with the general idea of
legislating carefully and properly in
a field which is so important.
  There is a provision in the bill an-
alogous to  S. 3201, which is known as
the consumers class action  bill.  This
is a  highly  technical and  vital  field
since it directly affects the function-
ing of our court system.
  Our courts are hard  pressed  these
days, it took us 5 years to get to the
authorized strength  of 401  judges in
our judicial  system.  It will  take per-
haps another  year to get the full ben-
efit of the  program because of  delays
In getting the appointments, getting
the judges qualified, and getting them
ready to begin their  duties.
  From time  to  time we have had
discussions about the  situation  that
exists in the  court system. One of the
most dramatic presentations was made
by Chief  Justice  Burger  during the
sessions of the American Bar Associa-
tion in St.  Louis,  Mo.,  in August  of
this year—about 6 weeks ago—when
he called attention  to the plight of the
judicial  system and the  heavy  load
and backlog, and the many antiquated
procedures  and practices  which still
prevail in the judicial system. Then  he
went on  to say this:

  Meanwhile,  not  a  week  passes  without
speeches in Congress and elsewhere, and edi-
torials,  demanding new  laws,  new laws  to
control  pollution, new laws to  change  the
evironment, new laws  to allow class actions
by consumers to protect the public;  but  the
difficulty lies  in our  tendency  to  meet new
and  legitimate demands  for new laws but
without adequate considerations for the con-
sequences on the courts.

  That defect is reflected  in this bill.
  Again, let me say—and I propose to
repeat this proposition  another time,
or perhaps two or  three times—that I
am entirely in sympathy with the ob-
jectives  of  the bill. I realize the im-
portant and the vital part it will play
in  the health,  welfare, safety,  and
survival  of the citizens of the Nation,
born and  unborn. I appreciate all
those things.  But  we should also fix
in our minds, when we expect to place
a bigger burden on the judiciary sys-
tem, that we have to accommodate that
added burden in one  of two ways.
  One is to enlarge the court system,
enlarge its capacity to handle an add-
ed  load, or, alternatively, to  adjust
the priorities of our judicial  system.
  Shall we burden the court system
with the large number  of lawsuits I
anticipate will result from section 304
at  the  expense  of  trying  criminal
cases?
  Shall  --ve do  it  at the  expense  of
added delay in trying very important
cases in antitrust  and civil  cases  of
all  kinds. They cannot,  of course, all
be tried  at  once.
  As we proceed with this important
legislation,  we  must take  into  con-
sideration  the  burden  that will  be
      526-703 O - 73 - 25

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1550
LEGAL  COMPILATION—AIR
placed on the court system by section
304.
  Let me invite  attention to  the fact
that in S. 3201, the so-called  consum-
ers class  action bill, there is an elabo-
rate  and  far-reaching  provision  for
bringing  class actions.  Many of  the
restraints  which  are  normally  put
upon Federal  court  jurisdiction  are
removed.  Serious questions are there-
fore raised  as to whether  real  relief
or redress for the individual  results,
or the cause of combating unfair trade
practices is advanced.
  There  is  very important testimony
in  the record  before  the Judiciary
Committee that says there will actual-
ly be a penalty, what we call a whip-
lash  to  the  consumers.  Instead  of
advancing the  cause of  combating un-
fair trade practices and affording re-
lief  and   redress  to  the  individuals
involved,  the opposite  will be true.
  The consumers class action bill was
referred  to the Judiciary Committee,
not  for  the purpose of obstruction,
not  for the  purpose  of defeating or
postponing  action  on  the bill, but for
the purpose of insuring that  the bill
will truly serve the purposes intended.
  Hearings  were  extended,  but we
heard the last witnesses today.  We
hope to have reported by the Judiciary
Committee very soon the results of our
inquiry into the subject. We  hope to
improve the bill so that the provisions
of the Consumers Unfair Trade Prac-
tices Act  can be  carried  out in an
effective  way  without  menacing the
functioning of the court system. We
want to  give the  court  system  a
chance to work with  some respect for
national  setting of priorities, consider-
ing  the  tremendous backlog  of cases
in the courts.
  Mr. President, during the hearings,
we heard testimony from Judge Rif-
kind. His testimony included statistics
on  court congestion. I have excerpted
that material from his  testimony and
                 ask  unanimous  consent  that  it  be
                 printed in the RECORD. It gives a very
                 good idea of the problem which we al-
                 ready have,  without even considering
                 the load proposed  as  an  additional
                 burden   upon  the  courts  by section
                 304 of this bill.
                   There being no  objection,  the  ex-
                 cerpt was  ordered to be printed  in  the
                 RECORD,  as follows:

                                APPENDIX

                       STATISTICS ON COURT CONGESTION

                  From the  Fiscal Year 1969 Annual Report
                 of  the Director of the Administrative Office
                 of  the United  States  Courts, the following
                 information has been obtained:

                             COURT  OF APPEALS

                  In fiscal year  1969,  there were 10,248 ap-
                 peals  commenced—a  record number, amount-
                 ing to a  12.4% increase  over  the previous
                 year.  At  the end of fiscal 1969,  there were
                 7,849  cases pending  in the  Court of Appeals,
                 an  all time  high. In 1967 there were 90 ap-
                 peals  docketed per  judgeship on  a national
                 average, and in 1969, the figure was 106 per
                 judgeship. The  heaviest increase in appeals,
                 according  to type of case, was in habeas  cor-
                 pus by Federal  prisoners (up 55% over  pre-
                 vious  year); appeals from  denial  of motions
                 to vacate  sentence under 28 U.S.C.  §2265  (up
                 29%); and Civil Rights appeals (up 46%).

                              DISTRICT COURTS

                  In an attachment  to the  Annual Report it
                 is stated  that:  "The  United States  District
                 Courts during  1969  experienced the  largest
                 increase  in  case filings  (exclusive of bank-
                 ruptcy) in recent years."  (p.  115).  During
                 1969,  there  were 110,778  civil  and criminal
                 cases   filed  in  the  district  courts,  an in-
                 crease of  8.4% over the previous  year,  and
                 at  the end  of  the  year there  were  104,091
                 cases  pending.  This is the highest pending
                 case figure in the district  courts on record.
                 This  increase  case  load caused the  median
                 time to reach  trial in civil cases  to increase
                 from  12  months  in  1968  to  13  months in
                 1969.
                  On  the civil  side, a  great portion of the
                 increase   was  attributable  to  civil  actions
                 brought under  special statutes.  These types
                 of  cases increased by 17.3% during the year.
                 For example, over the one-year period suits
                 under  Narcotic  Rehabilitation  Act (Pub.  Law
                 89-793, Nov. 8,  1966)  increased by  419.6%:
                 Civil  Rights  suits by  51.6%:  Federal  pris-
                 oner  petitions,  by 26.7%; state prisoner pe-

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                   STATUTES AND LEGISLATIVE  HISTORY
                                     1551
tiona  12.2%. Security suits, by  15.5%;  and
Social  Security cases by  32.3%.  At  the  end
of 1969, there were 83,957 civil actions pend-
ing, and of these  9.8% have been pending for
more than 3  years. And, according to the re-
port,  "Since  1963,  3-year-old  pending  civil
actions have  increased steadily."  (p.  124).
  There were 33,586 criminal  cases  filed in
the district  courts  during 1969,  an  increase
of 9.3% over 1968. This increase  was largely
attributable  to  increase  in certain  types of
cases:  Selective  Service  cases,  up 81%;  Im-
migration cases, up 57%;  and Narcotics cases,
up 21%. In the attachment to the Director's
Annual Report, it was stated:
  "Thus  overall, both  the Courts of  Appeals
and the district courts experienced an across-
the-board increase  in judicial business in 1969
of approximately 10%.  In spite of an increased
output of terminated  cases, the arrearages on
the dockets of the courts  of appeals increased
19% and the arrearages on the dockets of the
district courts increased  7%."  (p. 103)  .  .  .
  "The weighted  caseload per  judgeship in
the United  States  district  courts increased to
289 in 1969  compared with 265  in  1968  and
252 in  1967. The increase this  year reflects
primarily  the 10  percent increase in the  fil-
ing of  civil  and  criminal cases.  But it  also
reflects the  changing character of the litiga-
tion. The increase  in  the filing  of the more
time-consuming cases was greater than aver-
age in 1969.  In the  last  2 years  the  weighted
caseload  per judgeship has  increased almost
15 percent from 252 to 289. Approximately 47
additional  district  judgeships  would  be   re-
quired to reduce the  1969 weighted  caseload
per judgeship to what it was in 1967."   (p.
132)

     FIRST 9 MONTHS OF FISCAL YEAR 1970

  The  latest figures available from the Direc-
tor, Administrative Office of the United States
Courts, cover the  first  nine  months of  FY
1970 (period ending March 31, 1970), and re-
veal that the burden of the federal courts has
steadily increased.
  Appeals  docketed  during the third  quarter,
FY 1970 reached 2,990, an increase of 18.6%
over the same period of the previous year.
  Projecting these  statistics  to   the  end of
fiscal  year,  the  Directors' Report  concludes
that  there  will  be  10,806 appeals  docketed
during  FY  1970  and  that on  June  30, 1970,
there  will  be 9,136 appeals pending, an  in-
crease of 16.4% over the previous year.

                                [p. 32924]

               DISTRICT COURTS

  In the third Quarter of  FY 1970, 21,280  civil
cases  were  filed  in  the  district  courts, an
increase of 12.3%  of  the  same period of the
previous year. On  March 31, 1970. there were
91,308  civil  cases  pending  in  the  district
courts, an increase of 7.5% over  the previous
year. On March 31, 1970, for each of the 840
judgeships, there were 269  civil cases pending
in the  United States district courts.
  On  the  criminal side of  the docket,  the  in-
crease  in  the court backlog was more acute.
In the first nine months of fiscal 1970,  there
were 29,469  criminal  cases filed, an increase
of 16.1% over the previous  year.  On March  31,
1970,  there  were 21,449 criminal cases pend-
ing,  an increase of  22.3%  over  the previous
year.
  In Bankruptcy cases, the trend towards  de-
creased filings  has   reversed itself.  In  the
first nine months  of  FY  1970, there was  an
increase of  3.1% in  the  cases filed,  the cases
terminated  during  that  period  decreased  by
6.8%, resulting in an all time record of 187.-
637 cases  pending on March 31,  1970.

   Mr. HRUSKA. Mr.  President, sec-
tion  304(a)(l)  provides  that a  law-
suit "may be brought by one  or more
persons  on   their own  behalf.   (A)
Against  any  person,  including, but
not  limited  to,  a  governmental  in-
strumentality or agency, where  there
is alleged  a violation  by  such person
of any such schedule,  timetable,  emis-
sion  standard,  or prohibition, or (B)
against  the  Secretary where  there is
alleged  a failure  of the Secretary ta
exercise  (i)  his  authority  to enforce
standards  or orders estabished  under
this act; and (ii)  any  duty established
by this  act."
   Mr.  President,  I   ask   unanimous
consent  that for continuity of the dis-
cussion  in  which  I am engaged the
complete text of section 304 be printed
at this point in the  RECORD.
   There being no objection,  the sec-
tion 304 was ordered  to be printed in
the RECORD, as follows:

                CITIZEN SUITS

   "SEC. 304.  (a)  (1) In  furtherance  of  th«
purpose of  this  Act to  protect  the public
health and  welfare and  control  air pollution.
the district courts of the  United States shall
have  original  jurisdiction, regardless  of  the
amount in  controversy or the  citizenship of
the parties,  to  enforce, or to require  the  en-
forcement of, any applicable schedule or time-
table  of   compliance,  emission  requirement.

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1552
LEGAL COMPILATION—AIR
standard  of performance,  emission standard,
or prohibition established pursuant to this Act.
Civil actions for such enforcement, or to re-
quire such enforcement, may be brought by one
or more  persons  on their  own behalf.  (A)
against any person  including,  but  not  limited
to, a governmental instrumentality or agency,
where there is alleged a violation by such per-
son of  any such schedule,  timetable, emission
requirement, standard of performance, emission
standard, or prohibition, or (B)  against the
Secretary where there is alleged a  failure of
the Secretary to exercise (i) his authority to
enforce standards or orders established under
this Act; or (ii) any duty established by this
Act.
  "(2)  Nothing in this section shall affect the
right of such persons as a class or as individu-
als under any other law to seek enforcement
of such standards or any other relief.
  "(3)  Prior to instituting any suit, under
this subsection,  such person or persons shall,
by certified  or registered mail or personal serv-
ice, notify  (A)  the Secretary,  (B)  an author-
ized representative of the Secretary, if any, in
the field  office  responsible  for  the area in
which  the  alleged  violation occurs, (C)  an
authorized  representative of the air pollution
control agency of the State in which  the al-
leged violation occurs, and  (D) the  person, or
persons alleged to be  in violation of such alleged
violation. Such  notice shall be in  accordance
with regulations prescribed by the Secretary
as to content and specificity. No such suit shall
be filed unless  such  person or persons shall
have afforded the Secretary, his representative,
or such agency, at least  thirty days from the
receipt of  such notice to  institute enforce-
ment proceedings under this Act to abate  such
alleged  violation; except any action  under this
section to abate a violation of  (i) an order is-
sued by the Secretary pursuant to section 116,
(ii) clause  (A)  or (B) of section 113(h)(l),
(iii) section 114(f)  (1),  or (iv) section  115,
may be undertaken, after  notice, without re-
gard to the time limitations of this subsection.
In any  such  action, the  Secretary, if not a
party, may intervene as a matter of right.
  "(b)  The courf, in issuing any order in any
action brought pursuant  to subsection  (a) of
this  section, may award costs  of  litigation,
including reasonable attorney and expert wit-
ness fees, whenever  the court  determines  such
action  is in the public interest.

   Mr.  HRUSKA. Mr. President, it is
not my purpose  to get into any posi-
tion that would be obstructive. Frank-
ly, inasmuch  as  this matter  came to
my attention for the  first  time  not
more  than 6 hours ago,  it is a little
difficult to order one's thoughts and
                  to decide the  best course of action  to
                  follow.
                    Had there  been  timely  notice that
                  this section was in the bill, perhaps
                  some Senators would have asked that
                  the bill  be referred to  the Committee
                  on the Judiciary for consideration  of
                  the  implications   for   our   judicial
                  system.  As  was the case  in  the con-
                  sumers  class  action bill, this section
                  deals  with  an  area  of governmental
                  function which  is  under the  juris-
                  diction of that  committee.
                    I am  aware of the situation  which
                  confronts us.  We want  to  go home  to
                  campaign. We want to  get out of the
                  Senate and either adjourn sine die be-
                  fore the election or return  after the
                  election.  I understand  the emotional
                  appeal of the bill. I know of its in-
                  tent. I know all these things are true.
                  But if in the  process of taking action
                  which might be  ill advised and  would
                  result in some of the backlash,  as we
                  might call it, that was foretold and
                  forecast for us in the case of  S. 3201,
                  I wonder if it would not be better  to
                  make haste  slowly.
                    What is the  matter with that sec-
                  tion? I have here a memorandum that
                  was handed to me by a member of my
                  staff.  It outlines  some  of the  basic
                  objections that lie as objections to sec-
                  tion 304.
                    The memorandum  starts  out this
                  way:

                         S. 4358—THE CLEAN Am ACT

                          SECTION 304, CITIZENS SUITS

                    A. The  profotal it unprecedented in  Ameri-
                  can history.
                    1. The proposal is predicated on the  errone-
                  ous  assumption  that  officials  of  the  Execu-
                  tive Branch of the United States Government
                  will not perform and carry  out their  respon-
                  sibilities and duties under the Clean Air Act.
                  Never before  in the  history  of  the  United
                  States  has  the  Congress proceeded on  the
                  assumption  that  the  Executive Branch will
                  not carry out  the Congressional  mandate,
                  hence, private citizens  shall  be given  specific
                  statutory  authority to  compel  such  officials
                  to do so.

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                  STATUTES  AND  LEGISLATIVE  HISTORY
                                   1553
  2. The  Hearings of the Public Works Com-
mittee do not provide either a factual or legal
basis which would justify the adoption of  this
far-reaching   and novel  procedure  wherein
private citizens may challenge virtually every
decision made by  the officials of the Executive
Branch in the carrying out of  the numerous
complex  duties and responsibilities imposed by
the Clean Air Act.

   Mr.  President,  that  involves   not
only every decision but also every lack
of a decision, which the Secretary may
engage  in for the purpose  of imple-
menting this act.
   The memorandum further states:

  B. The adoption of  Section S04  will result
in a multiplicity  of suits which will  interfere
with the Executive's  capability of carrying out
its duties and responsibilities.
  1. The Clean Air Act provides  the regulatory
agencies  with ample powers to formulate stand-
ards and to  secure  effective enforcement of
the regulations. There is no  need to delegate
enforcement  powers,   direct  or indirect,  to
private citizens.
  2.  Section  304  is an open invitation to the
institution of  Citizens Suits—encouraged  by
the awarding  of litigation expense  "includ-
ing reasonable attorney and expert  witness
fees . . ." (Section 304(b)).  This award  may
be granted  even  in a  case where the actions
"result in successful  abatement but do  not
reach a verdict"  (Report p. 38). A multiplic-
ity of actions are sure  to follow  the  enact-
ment  of  Section  304 regardless  of how  well
the regulatory agencies  perform their  duties
and responsibilities.

   Mr. President,  I might add that  the
agency might  not be at fault if it does
not act as promptly or does  not  en-
force the act  as  comprehensively and
as thoroughly  as  it  would like to  do.
Some of its capabilities depend on  the
wisdom of the appropriations  process
of this  Congress.

   It would not be the first time that a
regulatory act would not have been
provided   with  sufficient  funds  and
manpower to get the job done.

   I need refer only to the very recent,
classic  example  brought  up  in  the
case of the class action Packer Stock-
yard Act  of 1940, where  for decades
the provisions of the act  were  not
capable  of  enforcement,  Congress—
whether  deliberately  or  not—contin-
ually  and  repeatedly  refused to pro-
vide the  funds and manpower neces-
sary to enforce the provisions of that
act.
   Notwithstanding the lack  of  capa-
bility  to enforce  this  act,  suit after
suit after  suit could be  brought.  The
functioning  of the  department  could
be interfered  with, and  its time  and
resources frittered away by  respond-
ing to these lawsuits.  The  limited  re-
sources  we can  afford will be needed
for the  actual implementation of  the
act.

   I continue to  read from  the memo-
randum :

  3. A multiplicity  of  suits  decided  by  the
several courts  will lead  to a spate of  con-
flicting decisions.
  4. The public interest is  not served by  sub-
jecting officials  of  the  Executive  Branch to
harassing  litigation. How  can  they  perform
the complex administrative and enforcement
functions  required  under the  Clean Air  Act
while  simultaneously  participating  as defen-
dants  and/or witnesses in  litigation?  Instead
of forcing  such officials to act more effectively
the institution  of the Citizens Suits will more
likely  lead to paralysis  within the regulatory
agency.

   Mr. President, I would like to dwell
on this point.  That is  the backlash to
which
                              [p. 32925]

we might  be  invited by  reason  of
section 304.
   I continue to  read from  the memo-
randum :

  C. The  enactment of Section SO& would im-
pose an  impossible  burden  on the  already
burdened  judicial system.
  1. Chief  Justice Burger's  recent ABA speech
and the  current  hearings of  the Judiciary
Committee on S.  3201 have  clearly  demon-
strated that  the  federal   judicial  system is
presently  faced with a ever-increasing  work
load of such  a magnitude that Congress should
not now extend the courts  jurisdiction by the
passage of new legislation.
  2. Citizens Suits  would be  particularly  bur-
densome upon the courts as they involve com-
plex factual  and  legal issues in a new field of

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1554
LEGAL  COMPILATION—AIR
law, one in which the  courts have thus far
had only limited experience.
  3. The Senate Committee on the Judiciary
has jurisdiction  over,  among  other  things,
"(1) Judicial proceedings, civil and criminal,
generally. . .  . (3) Federal court and judges.
.  . ." The Senate should suspend consideration
of Section 304 pending a study by the Judiciary
Committee of the section's probable impact on
the  integrity  of  the judicial system  and the
advisability of now opening the doors of the
courts to enumerable  Citizens  Suits  against
officials charged with the duty of carrying out
the  Clean Air Act.

  Mr. President,  it  is my hope that
some consideration  could be  given to
the withholding of this section so that
it can be considered  more thoroughly.
It is very  doubtful  that it would be
needed at  the outset,  before regula-
tions had been  completed  and  deter-
minations made.  It  is doubtful that
this provision is so  necessary that we
could not go forward with the body of
the law without it.
   It  is my  thought  that  this  can be
done  without   jeopardizing  the   ad-
ministration of justice and that it can
be  done without imposing such a bur-
den on  the judicial court system. It
already takes as long as 3 or 4 years
to get to trial. How  many more yeais
will we add to this delay if we author-
ize legislation in  section 304?
   I recall again the language of  the
Chief Justice in St. Louis when he ex-
plained the  load  under  which   the
courts  are  operating:
  Editorials demand new laws to control pollu-
tion and  change the environment, new laws
allowing class actions by consumers to protect
the public. The difficulty lies in our  tendency
to meet new and legitimate demands with new
law but without consideration  for the  con-
sequences on  the courts.

   He might  add,  the consequences to
society  of  the inability of the  courts
to attend to the trial of civil cases.
   Again, and for the third or fourth
time,  I  want to say I  am very  con-
cerned with problems of pollution, and
with all the measures for this purpose
that will be considered by this Con-
                gress. My record on that is clear.  I
                cosponsored  the  administration  bill;
                subscribe to the  President's compre-
                hensive  plan  and  program in  this
                field; I am personally convinced of the
                need.
                   At the  same time, I want the REC-
                ORD clear that this Senator would very
                much regret the  enactment into law
                of  a  section which  would  have an
                opposite  effect to that which was in-
                tended instead of making progress, it
                would  retard  progress,  taxing  the
                time, resources, and manpower of the
                agency.
                   It is in that spirit that I engage in
                these remarks. I would like  to extend
                such cooperation  as this  Senator can
                in his  position  on  the  Committee on
                the Judiciary or otherwise to get that
                kind of result and  that kind  of suc-
                cess.
                   I yield the floor.
                   Mr.  MUSKIE.  Mr.  President,  I
                think it  might be helpful to Senators
                reading the RECORD tomorrow to make
                some observations with respect to sec-
                tion 304, the citizen suits provision,
                which the distinguished Senator from
                Nebraska discussed earlier this after-
                noon. So I ask unanimous consent that
                the section of the report beginning on
                page  36  and  ending  at  the  top  of
                page 39,  which covers  the subject of
                section 304, be printed in the RECORD,
                at this point.
                   There   being  no  objection,  the ex-
                tract was ordered to be printed in the
                RECORD,  as follows:
                        SECTION 304. CITIZEN SUITS
                   The  Committee has established  a  provision
                in the bill  that would provide citizen partici-
                pation in  the  enforcement of standards and
                regulations established  under  this Act. The
                provision in the proposed bill  is carefully re-
                stricted to  actions where violations of standards
                and regulations or  a failure on the part  of
                officials to act are alleged.
                   Section  304  would not substitute a  "com-
                mon law"  or court-developed definition of air
                quality.  An alleged violation of an emission
                control standard, emission requirement, or a

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                     STATUTES  AND  LEGISLATIVE HISTORY
                                       1555
prbvision in an implementation plan, would not
require  reanalysis  of  technological or  other
considerations at the enforcement stage. These
matters would have been settled in the adminis-
trative procedure leading to an implementation
plan or  emission  control provision. Therefore,
an  objective evidentiary  standard  would  have
to be met by the  citizen  who brings an action
under this section.
  Government  initiative  in  seeking enforce-
ment under  the Clean Air  Act has  been re-
strained.  Authorizing  citizens to  bring  suits
for  violations  of  standards  should  motivate
governmental  agencies charged  with  the re-
sponsibility to bring enforcement  and abate-
ment proceedings.
  In order  to  further encourage and provide
for  agency enforcement,  the Committee  has
added  a  requirement  that  prior  to filing  a
petition  with  the  court,  a citizen or group
of citizens would first have  to serve notice of
intent to file such  action  on the Federal  and
State  air pollution control  agency  and  the
alleged  polluter.  Each citizen or group would
have to  include facts in  such notice in accord-
ance  with regulations prescribed by the  Sec-
retary.   The Secretary  should  prescribe  such
regulations as soon as possible after enactment,
and such regulations should reflect simplicity,
clarity, and standardized form. The regulations
should not require notice that places impossible
or  unnecessary  burdens on citizens but rather
should  be confined  to  requiring  information
necessary  to  give  a clear  indication  of the
citizens' intent. These regulations might require
information  regarding the identity and  loca-
tion of alleged polluter,  a  brief  description of
the activity alleged to  be in violation, and the
provision of law alleged  to be violated.
  The  Committee has  provided  a  period of
time after notice before a  citizen  may file an
action.  The time between  notice and filing of
the action should  give  the  administrative en-
forcement office  an  opportunity  to  act on the
alleged violation.
  It should be emphasized  that  if  the  agency
had not initiated abatement proceedings fol-
lowing  notice or  if  the citizen  believed efforts
initiated by the agency  to be inadequate, the
citizen  might choose to file the  action. In such
case, the courts  would be  expected  to  consider
the  petition  against  the  background  of the
agency action  and could determine that  such
action would be adequate to justify  suspension,
dismissal, or  consolidation of the  citizen pe-
tition. On the other hand,  if the court viewed
the agency action  as inadequate, it  would have
jurisdiction to consider the  citizen  action  not-
withstanding  any pending agency  action.
  The  Committee emphasizes that  if  the al-
leged violation is a  failure to comply  with an
administrative enforcement  order,  a violation
of a standard of performance, or a prohibition
or  emission standard, there  would be no  wait>-
ing period following notice. It is  the Commit-
tee's intent that enforcement of these control
provisions  be immediate,  that citizens  should
be unconstrained  to bring  these  actions, and
that the courts  should  not hesitate to consider
them.
  Section 304 would provide that a  citizen en-
forcement action might be brought against and
individual or  a  government agency.  As recog-
nized under section 118  of the  bill.  Federal
facilities  generate  considerable air  pollution.
Since Federal agencies have  been  notoriously
laggard in abating  pollution and in requesting
appropriations to develop control measures, it
is important to provide that citizens can  seek,
through the courts,  to  expedite the government
performance  specifically  directed  under  sec-
tion 118.
  The  standards for which  enforcement would
be sought either under administrative enforce-
ment or  through  citizen  enforcement  proce-
dures are the same.
  The participation of citizens  in  the courts
seeking  enforcement of  air quality standards
should  not  result  in inconsistent  policy. The
Clean  Air Act  should  achieve  objective stand-
ards  against which to  measure air  quality.
There should be no inconsistency in the enforce-
ment of  such  standards.  Whether  abatement
were sought  by an agency or  by  a citizen,
there would be  a considerable  record available
to the  courts in  any  enforcement  proceeding
resulting from the  Federal  and State adminis-
trative   standard-set ting   procedures.   Conse-
quently, the factual basis for enforcement of
standards  would   be  available  at  the  time
en-Forcement  is  sought,  and  the  issue  before
the courts would  be a factual one  of whether
there had been  compliance.
  The  information  and  other disclosure ob-
ligations  required  throughout the bill  are im-
portant to the operation of this provision. The
Secretary would have  a special  duty to make
meaningful  information  on  emitting sources
available to the public  on a timely basis.
  The provision is  drawn  to avoid  problems
raised by class action provisions of  the  Fed-
eral rules  of  civil  procedure,  specifically  by
Rule 23. Section   304 does  not authorize  a
"class action,"  Instead,  it would  authorize  a
private action by any  citizen or citizens acting
on  their own behalf. Questions with respect to
traditional  "class"  actions  often  involve:  (1)
identifying  a group of people whose interests
have been damaged;  (2) identifying  the amount
of  total  damage  to   determine   jurisdiction
qualification; and  (3)  allocating any damages
recovered. None of these  points is appropriate
in  citizens  suits  seeking abatement  of  viola-
tions of air quality  standards. There would be
no jurisdictional  amount required  in  section
304 nor is there any provision for the recovery
of property or  personal  damages. It should be
noted,  however, that  the  section  would spe-

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1556
LEGAL  COMPILATION—Am
cifically preserve any rights or remedies under
any other law.  Thus,  if  damages could  be
shown, other remedies would  remain available.
Compliance  with standards under this

                              [p. 32926]

Act would not be a defense to a  common law
action for pollution damages.
  Concern was expressed that some  lawyers
would use section  304 to bring frivolous  and
harassing actions.  The Committee has added
a key  element in  providing that the courts
may award  costs of  litigation,  including  rea-
sonable  attorney  and  expert  witness  fees,
whenever the court determines that such action
is in the  public interest. The court could thus
award costs of litigation to defendants where
the litigation was obviously frivolous or harass-
ing. This should have the effect of discourag-
ing  abuse of this provision while at the same
time encouraging the quality of the action that
will be brought.
  The Courts should  recognize that in bring-
ing  legitimate  actions  under  this  section
citizens would be performing: a public service
and in such instances the courts should award
costs of litigation  to such party. This should
extend to plaintiffs in actions which result in
successful abatement but do  not reach a  ver-
dict.  For instance, if as a result of a citizen
proceeding and  before  a verdict  is issued,  a
defendant abated a  violation, the court may
award litigation expenses borne by the plain-
tiffs in prosecuting such actions.
  Enforcement of  pollution regulations is not
a technical  matter beyond the  competence of
the  courts.  The  citizen suit  provision  is con-
sistent with principles underlying the Clean
Air Act, that is the development OF identifiable
standards of air quality and  control measures
to implement such standards. Such standards
provide  manageable  and precise benchmarks
for  enforcement.
  The  Committee  bill would  provide  in the
citizen suit  provision  that  actions   will  He
against the  Secretary for  failure to  exercise
his  duties under the Act, including  his en-
forcement duties. The Committee  expects that
many citizens suits would be of this  nature,
since such suits would reduce  the ultimate bur-
den on the  citizen of going forward with the
entire action.

  Mr.   MUSKIE.  Mr.   President,  I
think it is important to note the limi-
tations  written into this provision of
the  bill by the  committee  that  are
noted in the section of  the  committee
report which I have just inserted in
the  RECORD.
  First of all, the section does  not
presume that there will be a lack of
                 good will  or good faith or dedication
                 on  the  part  of  those  administering
                 the provisions of the law in doing so.
                   What we  are seeking to establish is
                 a nationwide policy. National  ambient
                 air  standards implemented by plans
                 developed at the  State and local level
                 create  potentially  enormous  enforce-
                 ment problems for State, local, and re-
                 gional governments, as well as for the
                 National Government. I  think  it is too
                 much  to presume that,  however  well
                 staffed or well intentioned  these  en-
                 forcement agencies, they will be  able
                 to monitor  the potential violations of
                 the implementation plans that will be
                 filed under  this act,  all the other re-
                 quirements  of  the  act,  and  the  re-
                 sponses of the enforcement officers to
                 their duties.
                   Citizens can be a useful instrument
                 for  detecting violations and  bringing
                 them to the attention of the  enforce-
                 ment agencies and courts alike.  So we
                 have provided this restrictive citizen
                 suit provision for  that purpose.  We
                 took testimony on this subject. It was
                 strongly supported  by legal  scholars
                 and several organizations.  The  pro-
                 vision, as finally  written into  the bill,
                 is considerably cut down from  some
                 of the proposals  that were  advanced.
                 It is not a  class-action provision.
                   These features  might be of interest:
                   First of  all, a citizen suit can  be
                 brought only to enforce  the provisions
                 of the act  or the  requirements  that
                 are  established   as a result  of  the
                 operations of the act. In other words,
                 a citizen  suit  is  limited to the  right
                 to seek the enforcement of  the  pro-
                 visions of the act.
                   Second, before  bring  suit,  there is
                 a requirement  in this provision  that
                 the citizen bring his intention  to bring
                 suit to the  attention  of the  local en-
                 forcement agency,  the thought being
                 that he might trigger administrative
                 action to get the  relief that he might
                 otherwise seek in the  courts.

-------
                 STATUTES  AND  LEGISLATIVE  HISTORY
                                1557
  I think most  citizens, if they were
able to  trigger  such  administrative
action, would be satisfied with having
done so. Thus, they would have done
nothing more than the act anticipates
—that is,  the  full and effective  en-
forcement of the provisions of the law.
  In those  instances  where enforce-
ment was  not  triggered, that is,  en-
forcement  action  by  the  administra-
tive agency was not triggered, then it
seemed to  us  the citizen ought  to be
able to pursue the judicial remedy.
  The  Senator from Nebraska raised
the  question  of   possible  harassing
suits by citizens.  This the committee
attempted  to discourage by  providing
that the costs of litigation—including
counsel fees—may be  awarded by the
courts to the defendants in such cases,
so that the citizen who  brings a harass-
ing suit is subject not only to the loss
of his own costs  of litigation, but to
the  burden of  bearing the costs  of
the  parties against  whom  he   has
brought the suit in the first  instances.
  I  doubt  very much that  individual
citizens would lightly engage this pos-
sibility.
  These are  some of the  points it
seemed to me ought to be brought to
the  attention of  the  Senate, in  the
light of the remarks made by  the  dis-
tinguished  Senator from  Nebraska.
Other  points are  covered  by the sec-
tion of the committee report which  I
have asked to be  included in the REC-
ORD.
  Mr.  BAKER. Mr. President, I  call
up  my amendment which is pending
at the  desk.
  The PRESIDING  OFFICER. The
amendment will be stated.
  The amendment was read,  as  fol-
lows:
  On page 63 insert  "(1)" after "(c)" on
line  19  and on  page  64  between  lines
22 and 23 a new paragraph (2) as follows:
  "(2)  Nothing  in  this  subsection  shall be
construed as imposing any cost obligation re-
sulting  from  any  warranty requirement im-
posed by this subsection on any dealer. The
transfer of any  such cost  obligation from  a
manufacturer to  any dealer through franchise
or other agreement is prohibited."

  Mr.  BAKER. Mr. President, I  wish
to amend the  amendment by  inserting
after  the  word  "obligation"  in  the
second line, section (2), the words "on
any  dealer" before  the word "result-
ing," and striking the  words "on  any
dealer" from  the third line.
  The  PRESIDING OFFICER.   The
amendment is so modified.
  The  amendment,  as  modified, is as
follows:
  On page 63 insert "(1)" after "(c)" on line
19 and on  page 64 insert between lines 22 and
23> a new paragraph (2) as follows:
  " (")  Nothing in this subsection  shall be
construed as imposing any  cost obligation on
any dealer  resulting from  any warranty re-
quirement  imposed- by  this subsection.  The
transfer of any  such cost  obligation from  a
manufacturer to  any dealer through franchise
or other agreement is prohibited."

  Mr.  BAKER. Mr.  President,  the
amendment to S.  4358, to  amend the
Clean Air Act, and for other purposes,
has  the  effect of- excluding from the
application of cost  responsibility un-
der  the  warranty  section  of dealers
and distributors.
  Although the subject matter of this
amendment is addressed in the report
on  the bill and, therefore,  conforms
to the  intent  of the committee, I  feel
that the matter should be  addressed
explicitly in the bill.
  Mr.  President, often obligations and
responsibilities  under  product  war-
ranties  are   assigned  or  otherwise
transferred,  to dealers and  distribu-
tors by manufacturers, often through
the leverage of franchise  agreements.
  Mr.  President, the  obligations of
the  manufacturer  under  this bill to
produce a clean car  should he borne by
the  manufacturer  and the manufac-
turer  alone.   Such obligations should
not be transferred to any dealer.
  Thus,  my   amendment would make

-------
1558
LEGAL COMPILATION—AIR
it clear that the cost obligations under
the warranty required by the statute
run against the manufacturer  of the
automobile and not  against  dealers
and distributors.
  Mr. President,  it might be pointed
out further,  that while the amend-
ment provides against the shifting of
any cost obligation resulting from the
warranty  it does  not mean the  manu-
facturer could not call upon his deal-
er network to perform services  or ad-
justments under the warranty. It does
mean that the cost  of those  adjust-
ments  and services  would  be  borne
by the manufacturer and not the deal-
er, and  that the  franchise agreement
could not be used as leverage  to  re-
quire the dealer to absorb any related
costs.
  Mr. MUSKIE. Mr. President, I have
discussed  this  matter with  the Sen-
ator from  Tennessee. Because  of the
careful  consideration he gives to legis-
lation,  I think his  amendment is an
accurate reflection of the intent of the
committee. It is a point the committee
overlooked in its  consideration  of the
warranty.  We  focused  entirely upon
the responsibility  of the manufacturer.
It did not occur to us that we would be
imposing an obligation  on the dealer.
It was not our intent to do so. I would
be willing to  accept  his amendment,
but before doing so I yield to the Sen-
ator from Kentucky.
  Mr.   COOPER. Mr.  President,   I
rise because I joined with the Senator
from   Tennessee  in   offering  this
amendment.
  During the discussion of the  bill in
committee this issue was raised by the
Senator  from  Tennessee.  I join in
this  matter  because  of the  many
messages I was receiving from distrib-
utors and dealers of  automobiles in
my State ask-

                          [p.  32927]

ing if obligations under the  warranty
               ran  against  the  distributors  and
               agencies.
                 I believe  the  committee agreed  it
               was not so intended, and I think the
               Senator from Tennessee is  right  in
               offering this  clarifying amendment.
                 It  is  well  to  have a  provision  to
               reassure many people and I  am glad
               to join  with the Senator from Ten-
               nessee  in  the amendment and  I sup-
               port it strongly.
                 Mr. MUSKIE. Mr. President, I did
               not realize   that the  Senator  from
               Michigan  wanted to be recognized.
                 Mr.  GRIFFIN. Mr.   President,  it
               occurs to me that I had better get my
               2 cents worth in here because it looks
               as if action is about to be taken on an
               amendment  and, frankly, it had been
               my understanding that  this  bill will
               he laid down but no amendment would
               be acted upon.
                 I am not at all sure this amendment
               is all that noncontroversial. I wonder
               if the Senator from Maine expects  to
               take action  on  the  amendment  this
               evening.
                 Mr.  MUSKIE.  Mr.   President,   I
               would yield  to the desire of Senators.
               I think when I  discussed it  with the
               Senator from Tennessee  we looked  at
               this  amendment as a clarification  of
               the committee intent.
                 If it would be helpful  to the Sena-
               tor from Michigan to postpone action
               on the  amendment, I yield to the Sen-
               ator from Tennessee. We were  trying
               to dispose of whatever we could this
               evening, not  thinking that  we were
               by this amendment  getting  involved
               in anything  complicated.
                 Mr. BAKER.  Mr. President, if the
               Senator will  yield, I have no  objection
               to putting the amendment over until
               tomorrow.
                 I  have discussed the amendment
               with the  Senator from  Maine (Mr.
               MUSKIE)  and the Senator from Ken-
               tucky (Mr.  COOPER)  on the basis that
               the amendment  was a clarification  of

-------
               STATUTES AND LEGISLATIVE HISTORY
                              1559
the committee's amendment.  If  we
cannot dispose of it this  afternoon,  I
am willing to put  it over until  to-
morrow.
  However, I point out that on page
81 of the bill it states that the pro-
vision  shall not include  any  dealer,
and the report language  itself makes
it  clear.  However, the Senator from
Kentucky did  not feel it was  spelled
out with particularity, and we intro-
duced this amendment for the purpose
of clarification.
  If  the  Senator  from  Michigan
wants  to defer action on the amend-
ment, I am certainly willing to defer
it.
  Mr.  GRIFFIN. I  think it would be
•well to study the effect of the amend-
ment.
  Mr.  MUSKIE. I have  no objection
at all.
  Mr.  BAKER. Mr. President, a par-
liamentary inquiry.
  The  PRESIDING OFFICER. The
Senator will state it.
  Mr.  BAKER. Is it  necessary  for
me to get unanimous consent to with-
draw the amendment at this particu-
lar time?
  The PRESIDING OFFICER. The
Senator  from Tennessee may with-
draw his amendment or he may leave
it  as  the  pending question  without
any action being taken on it.
  Mr.  BAKER. Mr. President, I do
not have any idea of discommoding
the  Senate for  the  transaction  of
other business it may have while  it
is  waiting  for us  to   act on this
amendment, but if  it is  agreeable to
all  concerned,  I   prefer  that  the
amendment remain  as  the  pending
business.
   Mr.  MUSKIE. Mr.  President, re-
serving the right  to object, I would
like to suggest that I have some pure-
ly  technical  amendments  which  I
would like to  offer at this time.
   The PRESIDING OFFICER. The
Chair would  suggest to  the  Senator
from  Maine that that might be ac-
complished with the unanimous con-
sent of the Senate.
  Mr. MUSKIE. Then I  have no ob-
jection to leaving the amendment  as
the pending business tomorrow.
  I ask unanimous consent that tech-
nical  amendments I  send to the desk
be considered at this time.
    *****
  The PRESIDING OFFICER. With-
out objection,  the  amendments will
be  considered  en bloc. Without  ob-
jection,  the amendments are  agreed
to en bloc.
  Mr. COOPER.  Mr. President, will
the Senator yield?
  Mr. MUSKIE. I yield.

        AMENDMENT NO.  930

  Mr. COOPER.  Mr.  President,  I
send to the desk  an amendment  in
which  Senator BAKER  and  Senator
GTTRNEY join  as cosponsors. I do not
intend to  call  it up this  evening, but
I ask that it be received  and printed,
and lie  on the table.
  THE  PRESIDING OFFICER. The
amendment will be received, printed,
and will lie on the table.
  Mr. COOPER.  I  might give notice
to the chairman of the subcommittee
that it is similar in substance to the
amendment I  offered in  the  commit-
tee. As the Senator knows so well, the
warranty  provided  for  in  the  bill
goes not  only to the design and as-
sembly  of the automobile  propulsion
system  as it  affects  emissions,  but
also to its performance over  a period
of service, 50,000 miles, under opera-
tion by various owners.
  I intend to  call the amendment  up
at  some time and  discuss it,  to see
if my conception is correct in the view
of  the committee and the chairman,
and then  I  shall  decide  whether I
shall  ask for  a vote on it.

-------
1560
LEGAL COMPILATION—AIR
  Mr.  President,  I  ask unanimous
consent that the proposed amendment
for myself,  Senator BAKER and Sen-
ator GUENEY, to  be  printed  at this
point in the RECORD, for the informa-
tion of Members.
  There   being  no  objection,  the
amendment  No. 930  was ordered  to
be printed in the RECORD, as follows:

  On page  63,  beginning on line 23, strike
out all through  line 4 on  page 64, and insert
in lieu  thereof  the following: "and shall  be
BO warranted for the  lifetime of such  vehicle
or engine. Fifty thousand  miles shall be taken
as the basis for the lifetime of a vehicle or
engine under this section. As a condition to the
obligation of manufacturers to correct  defects
in design, manufacture or assembly, manufac-
turers may require the ultimate purchaser and
subsequent purchasers of  such vehicle  or en-
gines."
  On page  64,  line 12, strike out the words
"adjustment, operation."

  Mr.  MUSKIE.  Mr.  President,   I
suggest the absence of a quorum.
  The  PRESIDING  OFFICER. The
clerk will  call the  roll.
  The  assistant legislative clerk pro-
ceeded to  call the  roll.
  Mr.  BYRD of West Virginia. Mr.
President, I ask  unanimous  consent
that the  order  for the quorum call
be rescinded.
  The  PRESIDING OFFICER. With-
out objection, it is so ordered.

                          [p. 32928]

  NATIONAL AIR QUALITY ACT
              OF 1970

  The  PRESIDING  OFFICER (Mr.
CRANSTON).  Without  objection,  the
Chair  lays before the Senate, Calen-
dar Order No.  1214, S. 4358, which
the  clerk  will state.
  The assistant legislative clerk read
as follows:

  S.  4358, a bill to amend the Clean Air Act
and for other purposes.

  The Senate resumed the  considera-
tion of the bill.
                 Mr. RANDOLPH. Mr.  President, I
               ask the distinguished Presiding Officer
               of this body to advise  the  Senator
               from West Virginia and his colleagues
               who sit  with  him  the  approximate
               time that Members of  this body will
               join the Members of  the  House  of
               Representatives  in  connection with
               the joint meeting.
                 The PRESIDING OFFICER (Mr.
               CRANSTON).  That will  depend on  the
               request that will  be  made  by  the
               leadership.

                                         [p. 33072]

                   NATIONAL AIR QUALITY
                   STANDARDS ACT OF 1970

                 UNANIMOUS-CONSENT  AGREEMENT

                 Mr.  BYRD of West Virginia. Mr.
               President,  I  shall propound  a unani-
               mous-consent request,  with  the pro-
               viso that it  be without  prejudice to
               the  senior Senator  from West Vir-
               ginia (Mr. RANDOLPH) who  is to be
               recognized under the previous  order.
                 I ask unanimous consent that dur-
               ing further consideration  of the pend-
               ing bill,  Calendar No.  1214,  S. 4358,
               the  Clean Air Act, debate  on any
               amendment be limited to  1 hour, with
               the  time  to be equally  divided  be-
               tween  the  sponsor of the amendment
               and the manager  of  the  bill; that
               time  on  any amendments to amend-
               ments, and motions, and  appeals, ex-
               cept for motions to lay  on the table
               be  limited to  30 minutes, the time
               to be controlled by the mover of the
               amendment  to the amendment  and
               the  manager  of  the  bill;  that  the
               time on  the  bill  be  limited to  4
               hours  with  the time  to be equally
               divided and  controlled  between  the
               manager of  the bill and  the minority
               leader or his designee:  that no amend-
               ments not germane to the provisions
               of the bill be in order; and that time
               under the bill may  be  allotted  by

-------
                STATUTES AND  LEGISLATIVE HISTORY
                              1561
those in  control thereof  to  any Sen-
ator on any  amendment, motion, or
appeal.
  The PRESIDING OFFICER.  The
Senator from Michigan is recognized.
  Mr. GRIFFIN.  Mr. President, re-
serving the  right  to object,  I  am
among those who  find some aspects
of the bill very controversial.
  I want  to indicate  that I was  dis-
turbed  originally   because   it   was
suggested that only  2 hours of de-
bate  be granted on the  bill. At my
request,  the distinguished  majority
leader and  the distinguished acting
majority  leader have extended that
period to  4 hours  which  will provide
additional time in the  event  the  1
hour  and  the half hour  allotted to  a
particular amendment might not be
sufficient in any particular  situation.
  This is a very, very important piece
of legislation. It is going to have a  far-
reaching impact on the  whole econo-
my, to say nothing of the automobile
industry.  Yet, I realize that there  is
only so much time  that can profitably
be devoted in the  Senate in terms of
having someone listen to those  who
want to speak.
  I feel that this will be satisfactory
and that we can move along and  deal
with  the issues that need to be dealt
with.
  Mr. President,  I do not object.
  Mr. GURNEY.  Mr. President, re-
serving the  right  to object, I want
to make  an  inquiry about the unani-
mous-consent request.
  I intend to offer an amendment to
the  Dole amendment,  a perfecting
amendment. With  regard to the time
provision  in that amendment, as  I
understand it,  under  the unanimous-
consent request,  mine would be  an
amendment to an amendment. I could
offer that at any time after the Dole
amendment  is  offered, and  I  would
have  a  half  hour on  that amend-
ment.
  Mr.  GRIFFIN.  Mr.  President, it
is a half hour on the amendment.
  Mr. GURNEY. The Senator is  cor-
rect.
  Mr. COOPER. Mr. President, I have
no objection to the agreement. How-
ever, representing the minority side,
I would  like to ask  if  the  Senator
from Maine (Mr,  MUSKIE)  has been
consulted and  if the chairman of the
committee,  the  Senator  from  West
Virginia  (Mr. RANDOLPH),  has been
consulted.
  Mr.  BYRD  of West Virginia.  Mr.
President, in response to the  question
of the able Senator from  Kentucky,
may I  say that  the  Senator from
Maine  (Mr.  MUSKIE) on  yesterday
afternoon was  agreeable to  entering
into  such an agreement. He thought
that we were on the verge of having
such an agreement. However, at that
time there was  some objection from
the other side.  I  am confident that
there will  be  no objection from  the
Senator from Maine, because on  yes-
terday he had  thought we were about
to reach such  an  agreement, and he
had worked for it.
  Mr.  COOPER. Mr. President,  the
Senator from West Virginia  was out
of the city, I think.
  Mr.  BYRD  of West Virginia.  Mr.
President, I do not think there  would
be any objection on his part.  I believe
I  can  confidently state  that,  Mr.
President.
  Mr.  SPONG.  Mr.  President,  was
the consultation of the Senator from
West Virginia  (Mr.  BYRD)  with the
Senator  from  Maine (Mr.  MUSKIE)
about  the  possible  time  limitation
prior to  or after the remarks of the
Senator from  Nebraska  (Mr. HRUS-
KA)  on yesterday?
  Mr.  BYRD  of West Virginia.  Mr.
President,  I think I can answer the
Senator.  My  consultation with  the
Senator from Maine on yesterday oc-

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1562
LEGAL  COMPILATION—Am
curred  following any remarks by  the
Senator from Nebraska  (Mr.  HEUS-
KA).
   The  PRESIDING  OFFICER.  Is
there objection?
   Mr.   GRIFFIN.    Mr.   President,
further reserving the right  to  ob-
ject,  I  am thinking  now in terms of
the fact that we have a policy lunch-
eon  and  have some  matters  on  the
agenda which will require  my atten-
tion.  When  will  the time  begin to
run?
   Mr. MANSFIELD. I might say that
an amendment is pending  now. I do
not think  there will be much difficul-
ty on that amendment, however.
   Mr.  GRIFFIN.  In the  meantime,
the time will be  taken  out of the 1
hour  allotted to  the  pending amend-
ment, which will be  satisfactory. It
would  not take away from the  time
on the bill.
   The  PRESIDING  OFFICER.  Is
there objection? The Chair hears none,
and it  is  so  ordered.
   The  Chair will see to it that noth-
ing is done before the Republican con-
ference and  the  Democratic  Policy
Committee have completed  their  dis-
cussions and until some speakers are
on the floor. The time will  not begin
to run until  the  distinguished  Sena-
tor  from  West  Virginia   has  com-
pleted  his remarks.
   Mr.  MANSFIELD. Mr.  President,
by necessity, the  distinguished senior
Senator   from   Washington    (Mr.
MAGNUSON)   could   not be  present
during the consideration of the Clean
Air  Act  amendments.  The  Senate
will  not  be without his thoughts and
views on  this measure, however, Sen-
ator  MAGNUSON has prepared a state-
ment on  this antipollution bill  and
in it he offers his strong support, and
recounts  for the Senate some of his
own  achievements  and those  of  the
committee he chairs—the  Committee
                 on Commerce—in this most important
                 area.
                   I ask  unanimous consent that Sen-
                 ator MAGNUSON'S statement be print-
                 ed at this point in the RECORD.
                   There being no  objection, Senator
                 MAGNUSON'S  statement  was ordered
                 to  be  printed  in   the  RECORD,   as
                 follows:

                      STATEMENT OF SENATOR MAGNUSON

                   Mr. President, the Senator from Maine (Mr.
                 Muskie)  and  his  colleagues  on  the  Public
                 Works Committee are to  be congratulated  for
                 the firm, responsible legislative steps they have
                 taken in S.  4358 to bring automobile air pol-
                 lution under control. By  legislatively mandat-
                 ing  the  production of low-emission vehicles.
                 Senator Muskie and his  colleagues have dem-
                 onstrated resolve to bring about the production
                 of low-emission vehicles  which  would signifi-
                 cantly reduce air pollution in this country.
                   Low-emission vehicle development  has been
                 a matter of continuing concern to the Senate
                 and the  Public Works Committee and  Com-
                 merce Committee. In 1967 joint hearings were
                 held to  explore electric car technology. Those
                 initial hearings were followed in May 1968 by
                 joint hearings  to explore  steam car technology.
                 On the  basis of these hearings and  other in-
                 vestigations, the Senate  Commerce Committee
                 published  a  report  entitled "The Search for a
                 Low-emission  Vehicle" which concluded  that
                 the  existing legislative approach  to  vehicular
                 air pollution was inadequate, that other tech-
                 nologies  for vehicle propulsion were feasible,
                 and that a new low-emission vehicle had to be
                 produced  if we  were  going  to  stop the  air
                 pollution epidemic.
                   In January  of this  year the  Senate Com-
                 merce Committee and the Public Works Com-
                 mittee again jointly searched for low-emission
                 vehicles  in  hearings on  S. 3072, the Federal
                 Low-Emission  Vehicle Procurement bill—a bill
                 which was unanimously approved by this body
                 on March 26th of this  year and which now
                 awaits action in the House. This  procurement
                 legislation is  an essential first step  toward
                 realizing  the goal of low-emission vehicles by
                 1975. By offering  a guaranteed government
                 market to both  innovative producers and the
                 automobile industry itself, the legislation  can
                 stimulate early development and  production of
                 smogless cars. The premium paid by the gov-
                 ernment for these  cars can help  defray costs
                 resulting from necessary acceleration of present
                 research,  development  and  production   pro-
                 grams.  The procurement legislation also offers
                 vehicle  manufacturers the opportunity to  fleet
                 test  under  controlled conditions their  low-
                 emission  vehicles to  insure  satisfactory con-

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                 STATUTES  AND  LEGISLATIVE HISTORY
                                 1563
Burner performance when full production  is
undertaken.
  In addition to the joint efforts of the Senate
Commerce Committee  and the Senate Public
Works Committee in the area of automobile air
pollution control,  both Committees have  co-
operated in  developing  legislative provisions
authorizing the setting of air  pollution stand-
ards for other transportation modes, including
aircraft and vessels. In  March the Commerce
Committee participated

                            [p.  33073]

in joint hearings  on  the legislative proposals
from which the reported air pollution bill was
derived. I am  happy  to  say  that the Public
Works Committee  accepted several suggestions
which our Committee made  concerning  the
proper  involvement of the Federal  Aviation
Administration  and  the  Coast  Guard  when
setting  standards  and conducting compliance
tests  on aircraft and vessels, matters within
the jurisdiction of the Senate  Commerce Com-
mittee.
  Ordinarily the Senate  Commerce Committee
would request re-referral  of a piece of legisla-
tion which so profoundly affects transportation
matters. But because of the joint efforts already
undertaken, because of the lateness of the ses-
sion, and because of  the compelling: need  to
take  positive action on this legislation now,  no
such request will  be made.
  I support  S. 4358 and  urge its swift enact-
ment.
  Thank you, Mr. President.

   The PRESIDING OFFICER. The
Senator  from   West  Virginia  (Mr.
RANDOLPH)  is  recognized.
   Mr. BYRD of  West Virginia.  Mr.
President, will the  Senator yield?
   Mr. RANDOLPH. I yield.
   UNANIMOUS-CONSENT AGREEMENT

   Mr.  BYRD of  West Virginia. Mr.
 President,  I ask unanimous consent
 that the  time  under  the agreement
 not begin to run  against the Senator
 from West Virginia (Mr. RANDOLPH)
 until  such time as  he has  consumed,
 if he does so consume, 30 minutes.
   The PRESIDING OFFICER. With-
 out objection, it is so ordered.
   Mr.  RANDOLPH.  Mr.  President,
 our attention to this legislation is  of
 the utmost  importance.  I  am sure
 that my able  colleague on  the com-
mittee, the junior Senator  from Ten-
nessee  (Mr.  BAKER),  would  feel it
appropriate for  me  to reemphasize,
although  perhaps  not  in  his  exact
words,  what he said  within the com-
mittee  at the  time we were working
on the  measure. He indicated  on that
occasion that the National Air  Qual-
ity Standards  Act of 1970, could well
be  the  most   significant  domestic
measure that would be presented dur-
ing the 91st Congress.
  I echo that expression. I have stated
that  the matter  is  of extreme  im-
portance  to many segments of Amer-
ican life  including, of  course, all the
people  of the United  States.
  In  this  legislation it is proposed
that  we  establish  a  national policy
for  the protection of  the health of
the citizens of our Republic.  I think
it should be  very  clearly  understood
that this is not the beginning. As we
come today, and as we began yester-
day,  the  consideration of  this  legis-
lation we were building on the legis-
lative  framework  of the  Clean  Air
Act of 1965 and the  1967  Air Quality
Act amendments.
   So I think it is pertinent to say that
within  the   Committee   on   Public
Works, and especially within the Sub-
committee  on  Air  and Water Pollu-
tion, we  have been  giving attention
to  these  matters,  responsible  to  our
colleagues in the  Senate, a Senate that
I  think is responsive  to  the Ameri-
can people, although we  are not al-
ways in agreement on the procedures
that  are proposed  in this  measure.
   The  pending bill would require the
establishment within 3 to  5 years of
its  enactment  State  implementation
plans to  achieve national ambient air
standards  to  protect  the health of
citizens of this country.
   I  underscore  that  this  objective
may be  very  difficult to achieve in
this time bracket. It is my belief  that

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1564
LEGAL COMPILATION—AIR
an extension of this proposed schedule
will  probably  be required in certain
instances.
  However, I  feel  that if we  can
achieve the objectives in the hoped-for
time  period we would control  and
abate  today's air pollution and also
prevent  in part  the  occurrence  of
future air pollution problems, and we
would  do so reasonably and realisti-
cally without doing violence to legiti-
mate and  necessary  business.  In the
process,  both industry  and Govern-
ment will be hard pressed to provide
the  required  capital  and manpower
for what I know will be a mammoth,
but necessary,  undertaking.
  This legislation will test the  will-
ingness of the citizens  of this Nation
to control and  abate  environmental
pollution. Ultimately  every  individual
citizen would be called on to pay the
increased  costs  associated  with the
achievement of an environment that
protects  and  improves  the  public
health within  this country.
  I think it is necessary also to stress
the fact that effective implementation
in 3 years would require a  major
commitment by Government and in-
dustry.  The  pending bill  contains
authorizations  of $1.190 billion. This
is the  commitment  of the Federal
Government, a commitment, of course,
that must be  followed  within the ap-
propriation process.  I have said on
many occasions  that often we author-
ize from the standing committees pro-
grams  for which  we  have extreme
difficulty in providing the necessary
funds  with which to  do the job. It is
going  to be necessary, if this task is
to be  completed, that we  have the
funds  to do the work.  That is why I
call  the  attention  of  my  colleagues
again  not only to the authorization
activity which results in the measure
before us, but also to the responsibil-
ity which  this body  will have to ap-
propriate the required funds.
                 Equally important will be the com-
               mitment  of  those  units  of  govern-
               ment at the State and local level, and
               certainly  the private  sector  of our
               economy.  Sometimes we  are  not as
               eager  as  we  should be  to commend
               business and  industry  when, by and
               large,  with  exceptions—and this  is
               understandable—business  and  indus-
               try  attempt with  Congress to  move
               forward  in  these  matters,  making
               their own viewpoints  known.  Some-
               times, very candidly, the differences
               that   exist  are,   in   reality,  our
               strengths. We do not have to be uni-
               form in the  presentation  of a  bill to
               have a unity on  the measure because
               certainly  the detail provisions  must
               be subject to very close scrutiny. But
               it is the  purpose  of this legislation,
               which I hope the Senate will approve,
               as well as the actual words of the act
               as presented.
                 I  earlier  mentioned  that we have
               a framework of action. It is a frame-
               work  which began  with Clean Air
               Act  of 1965 and the Air Quality Con-
               trol  Act of 1967. Frankly, there has
               been the necessity  to  change  that
               program and there will be the neces-
               sity in the  months and  years  ahead
               to refine the pending measure.
                 The  National  Air Quality  Stand-
               ards Act of 1970, I believe, will accel-
               erate  the effort to provide clean air
               through additional policies  and  pro-
               cedures for  action.  It  is important
               that we act and that  we do  so not
               just in a desire to  act but to  do  it
               with knowledge  and  intelligence.  I
               hope we are doing that in this  legis-
               lation.
                 Progress in implementing the poli-
               cies  in this legislation  will  receive
               continuous review by the Committee
               on Public Works  over the 3-year au-
               thorization  period.  Where necessary,
               further congressional  action will be
               provided. During this time all affect-

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                STATUTES  AND LEGISLATIVE  HISTORY
                              1565
ed parties will  have an  opportunity
to present their views.  Under  review
by the committee will be  the commit-
ment of both industry and Govern-
ment to air quality.
  I want to state again with empha-
sis that  I  would rather have us feel
that this is not a matter of Govern-
ment as a senior partner and industry
as a junior partner. I  would like  to
think of this as a partnership, a full
partnership, a  partnership  of  under-
standing, a partnership of concern, a
partnership of action in reference  to
what we are doing in this legislation.
  I call  attention  to  the fact that  in
the  past the  Federal  staffing  and
funding  have  left  much  room for
improvement, as has the commitment
of funds and  personnel and staff  at
each level of Government.
  In 1967, it was estimated that the
staff of the National  Air Pollution
Control  Administration  would have
to increase to  1,900 in  fiscal 1970
if the Air Quality Act of 1967 were to
be implemented  in its full  potential.
Yet, as of May  1, 1970, NAPCA had
only 971 full time  permanent workers
on its staff  as compared  with  pro-
vision  for 1,116  in  its 1968  budget.
This inadequacy has been  the chief
deterrent to progress in the NAPCA
effort to abate air pollution. If imple-
mentation to the act of 1970 is to  be
achieved, the  administration—and I
am not critical of the administration
when I  make  this   statement—must
fund and staff the National Air Pol-
lution  Control Administration at  the
required level.
  We must have the development  of
new  and improved  emission  control
systems  for both stationary and mov-
ing sources. Funds were  provided  in
the Air  Quality Act  of 1967 to stim-
ulate  development  of  the  required
technology. This research and devel-
opment effort has been severly under-
funded  in  the intervening years, a
situation that must be remedied.
  I  call upon the  Members  of  the
Senate and the House, I call upon all
the people of the country who are con-
cerned with this problem, to see  that
this situation is  remedied  in   the
months   ahead.  For   example,   we
placed in the 1967 act authorization
for a  5-year research and develop-
ment program  for  the control  of
sulfur  oxide  emissions  from station-
ary sources.  This program  called for
a Federal expenditure of $394 million,
including $215 million for the  period
from  1968   through  1970.  Yet,  in
this 3-year period the estimated actual
expenditure  has  been only $82  mil-
lion, or $123 million behind schedule.
The estimated expenditure  for fiscal
1971 was $94 million, as  compared
to the  currently planned  expenditure
of $26 million.
                          [p. 33074]
  I reviewed this research effort in
some detail in my Senate remarks on
S.  4092  and  the  current fuels  and
energy  crisis on July 16,  1970,  and
in testimony  on the bill before the In-
terior  Committee  on  September  2,
1970.
  This  was  in  connection  with  my
remarks when  I  introduced  a  bill,
with the cosponsorship of more  than
60  of  my  colleagues,  to establish a
Fuels  and   Energy  Commission  in
this country, keeping in  mind  en-
vironmental  factors.  That was on
September  2, before a subcommittee
of  the  Committee  on Interior  and
Insular Affairs, in which this situa-
tion, which certainly is  a crisis, was
stressed.
  The remedies to air pollution, how-
ever, must not rely solely on add-on
devices.  Insufficient  attention   has
been given to such other alternatives
as fuel cleaning, more efficient meth-
ods for  combusting fuels, and the de-
      526-703 O - 73 - 26

-------
 1566
LEGAL COMPILATION—Am
velopment of synthetic fuels with low
potential for environmental impact.
   The committee,  therefore, has ex-
panded the research and development
authority under section 104 of the Air
Quality Act. The development of con-
trol  methods,  process  changes,  and
improved   operating  procedures  all
offer  potential  remedies  to  reduce
atmospheric emissions.  These  alter-
natives can be funded  and developed
under that act. The private sector can
actively participate as well as support
its own development efforts. In con-
cert  between the Federal Government
and  industry there can be accelerated
development of  new  and  improved
means to  reduce  atmospheric  emis-
sions.
   The legislation being debated today
reflects an evolutionary  developmen-
tal effort by providing for the estab-
lishment  of performance  standards
for new stationary sources. This pro-
vision  would require the  application
of the most effective means of pre-
venting and controlling  air pollution
for new stationary sources.
   The  overriding purpose of perform-
ance  standards  for  new  stationary
sources is to prevent the occurrence
of new air pollution problems. These
standards  will  insure that  when an
industry moves  into any area  with
low  pollution  levels, that this  new
facility does not appreciably degrade
the  existing air  quality.  The  first
plant in a  new  area must  meet the
same standards  of performance as
subsequent plants, thus spreading the
responsibility equally among all facil-
ities for maintaining clean air.
   This  legislation  also  provides for
emission  standards  for   hazardous
materials.  Concern is   for  material
which  in  trace quantities in the am-
bient air contribute to a high risk of
serious irreversible or incapacitating
effects on health.  It  is  anticipated
that  this  provision will be  employed
                to control only those materials which
                are  extremely  hazardous  or  toxic
                to  people.  It  is  anticipated  that a
                limited  number  of  pollutants  come
                within this category.
                 It may be desirable  to  provide a
                total  prohibition   of  emissions   for
                these contaminants,  but it is  recog-
                nized that emissions may be possible
                without   endangering  public  health.
                The committee intended that the bur-
                den  of providing that emissions are
                possible   without  endangering   the
                health of persons should  rest with
                the  emitter.
                 An  administrative  procedure,  Mr.
                President, as I conclude my remarks,
                is provided for those industries that
                discharge hazardous materials  to pre-
                sent scientific  and  medical evidence
                that the  public health is not in danger
                when  low  level  discharge of these
                materials is permitted. It is intended
                that  the  Secretary,  in  establishing
                the emission standards for these  ma-
                terials, would give recognition  to the
                fact that trace materials may occur
                as impurities in many types of com-
                bustion.  In  this  regard, section  115
                would  apply to primary producers of
                hazardous materials rather than to
                general   combustion   processes   in
                which  these materials appear as per-
                vasive but in almost immeasurably
                small quantities.
                 Mr.  President,  as  I indicated in
                my first few words, this is a signifi-
                cant  approach  to a very pressing
                problem.  I think  that in  the 91st
                Congress,  we  cannot  overstate  the
                gravity of the situation, and the com-
                pelling need to enact such legislation.
                I think it is without question  one of
                the most far-reaching environmental
                protection measures to be considered,
                perhaps  not only  in this  Congress,
                but  over  a considerable  period  of
                years.  It  is also one  which will have
               broad  economic Impact. I recognize

-------
                STATUTES AND LEGISLATIVE  HISTORY
                              1567
this  and I am concerned to a great
degree,  as I have  stated within the
subcommittee, within the committee,
and again on the Senate floor. I must
remind  Americans  that there will be
price tags on  the  costs  which they
will pay for goods and services.
  And so, as we  desire, and properly
so,  to  enhance  the  quality  of our
environment, to  provide cleaner air,
that Americans may live in  greater
health,  we know that  what  we are
doing will be felt, not so much today
or tomorrow,  but it  will be  felt by
those generations that will  be active
in the United States of America  10,
15,  or 20  years from now.
  For the reasons that  I have stated,
Mr.  President—and, of course,  there
are  other reasons  which  members
of our  committee, and especially our
subcommittee,  have  presented  and
will  present—I  urge the  enactment
of S. 4358.
  If this  bill is  passed, and if  this
bill or a revised  measure goes to the
President  of the United States and is
signed  into  law,  I  feel  that we can
proceed with the  accelerated effort to
improve the air which is breathed by
the  increasing  population  of  men,
women,  and children of this  country—
some  209 million  persons  living in
this  Nation  today.  What the  figures
will  be  in a  few  years we  do not
know, except that we have  every  in-
dication that our population will  in-
crease, and the people in this country
will  desire, in large numbers, to con-
tinue to live  in  the urban and the
closely  clustered  suburban  areas  of
our country.  So  this is  a real prob-
lem that concerns all of us, not just
industry and business  and Govern-
ment, but the  people of the United
States as a whole;  and I  hope that
we  here today, and subsequently  on
the amendments  that shall  be voted,
will  make a further commitment to
do this job and to do it,  Mr. Presi-
dent, while we still have time.
  Mr.  GURNEY.  Mr.  President,  I
support  S.  4358,  the National  Air
Quality Standards Act of 1970, which
was  reported  by our Committee on
Public Works  on September  19, 1970,
by a unanimous vote of  its members.
  I have been privileged to  serve on
the Committee on Public Works and
I wish  to  take  this occasion to pay
particular tribute to the leadership of
our chairman, the  distinguished  sen-
ior'Senator from West Virginia (Mr.
RANDOLPH), and to the leadership of
the ranking  minority  member,  the
distinguished Senator from Kentucky
(Mr. COOPER)  and also that of chair-
man of the Subcommittee  on Pollu-
tion, the distinguished Senator from
Maine  (Mr. MUSKIE)  and the rank-
ing member on the  subcommittee, the
distinguished Senator from Delaware
(Mr. BOGGS). They all are to be com-
mended upon their work  on this bill.
  Mr.  President,  the need  for  im-
proving the quality of the  air nation-
wide has been apparent for some time,
but I think it was brought  home to
us all at the end of last  July and in-
the first week  of  August when  al-
most  the  entire east coast of  the
United  States  was  smothered  in  a
choking smog. As we looked at our
great  cities through watery  eyes the
realization  came, I  think, with great
urgency that  the Congress must act
decisively  about this  incredible state
of affairs.  The quest for solutions to
our national problems of air pollu-
tion  which  a  decade  ago had been
the regard  of merely a handful of
scientists  and  forward-looking  con-
servationists has become  an issue of
a national  overwhelming concern.
  As  President Nixon  said in  his
February  message  on  the  environ-
ment:

-------
1568
LEGAL COMPILATION—Am
  The time has come when we can  wait no
longer  to  repair  the  damage  already done
and to establish new criteria to guide us in
the future.
  Autos  and trucks, generally  agreed
to be  the  biggest  single  source  of
pollutants  in  the  air,  came  in for
a great deal of criticism last August.
Fifteen States filed suits in the Su-
preme Court in  an attempt to  force
automakers to  produce pollution-free
cars at the earliest possible date.
  We  have  had  our  share  of the
prophets of doom and gloom who have
told us again and  yet again that the
battle has been lost before it has been
joined and  that our planet is  inexor-
ably succumbing to the poison of  its
own chemical and natural waste prod-
ucts.
   I do not share, nor can I ever share,
such  pessimism.  It seems to me that
the  genius of the American spirit
which produced so much for so many
can,  if  properly  channeled and  di-
rected,  be turned  to  the  problem of
successfully cleaning up our environ-
ment.  It is axiomatic  that this battle
will be  a costly  one  and  I think it
deserves the highest  priority  in our
national councils. If the fight  against
polluted air, filthy water, and solid
waste is to be won, we must  have a
united attack upon it by all levels of
Government:   Federal,   local,   and
State, by
                           [p. 33075]
industry, and by individuals through-
out the Nation. I think the prospects
of mounting such a victorious  offen-
sive are real and substantial.  I think
we are on the way. I think that this
bill, S. 4358, the  National Air  Quality
Standards  Act  of 1970, which has
been  presented to the Senate  by the
distinguished chairman of the Public
Works  Committee, is  a  significant
contribution to that fight.
   The National Air Pollution  Control
Administration  tells  us  that  five
               chemical  contaminants are  the  most
               offensive  and  dangerous factors in
               air  pollution today.  The most  per-
               vasive of  these  is  carbon monoxide,
               of  which  we have 100  million  tons
               per year coming largely from autos,
               trucks, and buses. It  has been stated
               by  the National Institutes of Health
               that  even in small amounts, carbon
               monoxide  diminishes  the reflexes of
               individuals and  impairs  their judg-
               ment.
                  Sulfur dioxide, of which 33 million
               tons  are  dumped into the air annual-
               ly, is an irritating gas  which comes
               mostly from burning of oil  and coal
               and  it adversely affects the  individ-
               ual's lungs and  his throat. If he has
               any  respiratory difficulty at all, be
               it minor such as a cold, or major such
               as  emphysema,  sulfur oxide aggra-
               vates that ailment.
                  Particulates,   of  which 28 million
               tons  find their  way  into the air in
               the United States annually, are tiny
               bits of solid matter, some of which are
               extremely dangerous  to the  respira-
               tory system. Again, they come mainly
               from the burning of coal and from
               smokestacks which are  not  properly
               filtered.
                  Hydrocarbons, of which half of the
               32-million-ton total is each year dis-
                charged  from trucks  and autos, are
                reputed to be a  key ingredient in the
                smog that surrounds  so many of our
                cities these days.
                  Nitrogen  oxides, of which 20 mil-
                lion  tons  yearly find their way into
                our  air  stream, is another smog-in-
                ducing element,  which daily pours out
                of motor vehicle  tailpipes  and also
                from combustion of fuel, coal, oil, and
                so forth, at stationary sources.
                  Tallied up,  the public health  offi-
                cials  estimate that 91 million tons of
                toxic material   annually go into our
                atmosphere as  a  result of the in-
                ternal combustion engines  in  auto-
                mobiles,  trucks, and  buses.  Our bill

-------
                STATUTES AND  LEGISLATIVE HISTORY
                               1569
is aimed specifically at reduction of
the toxic  substances poured into the
air by automobiles and by stationary
users of fuels in our hope that we can
significantly lower  the level  of air
contamination  in  future  years.  We
cannot, obviously,  outlaw the internal
combustion  engine;  we cannot forbid
the burning of coal or oil. The prob-
lem, as I  see  it, is one of balancing:
How  we can  develop standards  and
procedures  and controls which  will
reduce significantly the present  level
of  air  contamination,  while at the
same  time not causing a severe  eco-
nomic dislocation.  It is not sufficient
at this time to point  an accusatory
finger  at industry, or at the consum-
ing public, or at the utilities, or at the
car manufacturers, or at any group
within  our  society  and try to make
them the villain of this tableau. There
is no  villain. There is only a problem
which needs to be remedied. Our bill
in  my  judgment  is a  rational  and
viable approach to this problem.
   In  many ways  the  bill  presently
under  consideration  is a  trail-blazer
on the part  of  Congress.  We  have
spelled  out and  specifically written
into this  act  the  emission standards
to be imposed on sources of  pollution,
and when we did  that, we did it with
the realization that we were entering
unknown  and unexplored  territory.
I  think the situation in our country
demands this kind of action. But, like
a surgeon's most powerful drug, such
a drug is fraught with danger unless
expertly administered and unless the
patient is safeguarded  against its de-
leterious side effects. And so, while  I
support wholeheartedly the  intent of
our committee in  this  piece of legis-
lation,  I would offer several caveats
which I think must be recognized from
the outset.
   I am troubled  by two portions of
the  bill:   First,   the   establishment
within the bill of emission standards
for motor vehicles to be  established
and made  operational by January 1,
1975,  and second, by  the provision
which  relates  to  judicial  review  of
the Secretary  of  Health,  Education,
and  Welfare's determination in this
regard. On  the  question  of setting
standards by 1975, our committee has
been informed by the entire automo-
bile industry  that the  technology  to
effect  the desired  result will not  be
available for wholesale use on millions
of motor  vehicles by 1975.  I do not
know if this  contention on the part
of the automobile  industry is, in fact,
correct, and  as I pointed  out in my
individual views which were submitted
with the report, no one knows whether
this  contention is correct,  since hear-
ings were not held  on this specific
subject. As I stated in  my individual
views, I think that mandating stand-
ards set out in this bill  for a January
1, 1975, achievement is open  to the
criticism that it  is arbitrary. Never-
theless,  I think  that   the January
1971 deadline can be left in the bill
provided we  also  include some  sensi-
ble way  to  prevent economic  dislo-
cation should  the  technology not  be
available  on  that date. The inclusion
of the  deadline  is a goal for  auto-
makers to speed such  technological
development.   Hopefully  they  will
achieve it. If they do not, I would sug-
gest that  the manufacturer or manu-
facturers  be  allowed to apply for two
extensions of 1 year  each  in order to
make such performance and emission
standards a reality. The bill as it now
stands provides for a 1-year extension
subject to judicial review  in the U.S.
Court  of  Appeals for the District of
Columbia  circuit. My suggestion would
be that the Secretary of Health, Ed-
ucation, and  Welfare should be em-
powered to make  such  an extension
or extensions on  the facts presented
to him, and  that a determination  on

-------
1570
LEGAL COMPILATION—AIR
his part either  to grant  or withhold
such a suspension should not be sub-
ject to judicial review.
  I say  this not because of  any re-
sentment or dislike for  the  process
of judicial  review. On the contrary,
I think  judicial  review is  eminently
suitable  in  most instances. I think,
however, that this is an extraordinary
case and that the process of judicial
review would not serve the best in-
terests of the general  public. I think
that it would be potentially time con-
suming and  might  very well delay,
instead of hasten, the  implementation
date of emission standards  which we
all  want to  see. We have  reposed
great authority  and responsibility  in
our bill  in  the  Secretary of  Health,
Education, and Welfare. It  is he who
is responsible for the promulgation of
air quality standards and their super-
vision and enforcement.
  In the final analysis, in  my judg-
ment, it  should be the Secretary who
should have the authority to  make
the determination  about whether a
suspension of the  January 1, 1975,
deadline  is desirable and/or necessary.
The Secretary has experts at his dis-
posal   within  the  Department   of
Health, Education, and Welfare;  he
has developed a wealth  of technical
knowledge within the  Department  on
this subject. His engineers have been
working  closely with the auto industry
for some time now  on  solving the air
pollution problem. There is no one in
or out of Government better able  to
make a  sound judgment on whether
or  not  the  auto manufacturers can
meet  the January  1,  1975,  deadline.
If evidence presented to the Secretary
shows that the automakers have made
good faith attempts to lick this tech-
nological problem and have failed  to
meet  standards  set  in  the  bill  by
January 1,  1975, he can, and should,
grant suspension.
                 I think  we can rely on the good
               faith  and the bona  fides of the Sec-
               retary of Health, Education, and Wel-
               fare.  I do not  think  that he would
               use the  suspension  power  which we
               have  granted him in this  bill  lightly
               or casually.  It  is my  understanding
               that he would only grant such a sus-
               pension  after a long and  exhaustive
               administrative proceeding at which all
               points of  view,  including  the point
               of view  of the  environmentalist  and
               conservationist  groups,   had  been
               heard, considered, and digested.  To
               subject  his  final  determination  in
               this regard to judicial review would
               seem  to me to be  unwise and unwar-
               ranted. As I  have said, it  might well
               delay the implementation  process of
               this  bill.
                 While  there are  other more tech-
               nical corrections which  I think we  can
               make in the bill, they are for  the
               most  part  perfecting amendments as
               distinguished from substantive  chang-
               es. I think, on the whole, that the Con-
               gress  should feel  a sense  of  accom-
               plishment with  this bill. I think we
               have met the problem of air pollution
               head  on. There  is no shirking  or
               avoiding in this bill; it is a sweeping
               public statement by Congress that it
               is a national  goal and a high national
               priority  to diminish the level  of air
               pollution which  we currently have in
               the Nation  and a  full-fledged  con-
               frontation  with this great national
               problem.
                 Many,  many long  hours  of thought
               and work have gone into this  bill. It
               is  a comprehensive  and, to a certain
               extent, complex piece  of  legislation,
               but we are dealing with a  far-reach-
               ing and  a  very complex subject that
               needs  and demands the frontal  at-
               tack which we  in the  Committee of
               Public Works have  mounted by this
               bill. It is probably not a perfect piece
               of legislation. After all, we are none

-------
                STATUTES AND  LEGISLATIVE  HISTORY
                              1571
of  us experts on  chemistry or  in
chemical contaminants,  but we  have
availed  ourselves  of  the  expertise
which  we  could  find extant  in the
executive
                          [p. 33076]

branch, and we have heard from in-
dustry and numerous  environmental
experts in the private sector. It is my
hope that Congress  will pass this bill
and send  it to the  President.  I  have
every  confidence  that  the  President
will  sign  it  into law  and that we
will be on our way to finding a na-
tional solution  for the  staggering
health problem of air pollution.
  Mr.  President, I yield  back the
remainder of my time and suggest
the absence of a quorum.
  The PRESIDING OFFICER  (Mr.
SPONG). The clerk  will call the roll.
  The assistant legislative clerk pro-
ceeded to call the  roll.
  Mr.  MUSKIE. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
  The PRESIDING OFFICER. With-
out objection, it is so ordered.
  Mr.  BAKER. Mr. President, I  yield
myself 5  minutes.
  The PRESIDING OFFICER  (Mr.
CASE). The Senator from Tennessee
is recognized for  5  minutes.
  Mr.  BAKER. Mr. President, a par-
liamentary inquiry. Is the pending
amendment my amendment No.  926?
  The    PRESIDING    OFFICER.
Would the Senator  please restate his
parliamentary inquiry  in loud  and
ringing  tones. The  Chair did  not
hear the  Senator.
  Mr.  BAKER.   The  Senator  from
Tennessee  apologizes to  the  Chair.
His parliamentary inquiry was wheth-
er the pending business is his amend-
ment  No.  926.
  The PRESIDING OFFICER  (Mr.
CASE). The Senator is correct.
  Mr.  BAKER. I thank the Chair.
  Mr.  President,  I  spoke  on this
amendment yesterday and pointed out
that its  purpose  and  intent  is  to
exempt  from  the  provisions  of  the
warranty  section of  the bill a cost
obligation running against  the dealer
or  distributor.
  It is clear from the bill, and I think
it is clear  from the language of the
repDrt, that no  such result  was in-
tended and that the warranty pro-
visions would run entirely against the
manufacturer  who,  after  all, is re-
sponsible for designing and manufac-
turing the automobile,  which is  the
subject of this title.
  But to make it abundantly clear, so
that there  can be  no misunderstand-
ing, the Senator from Tennessee felt
it  would be appropriate to  provide
that specific exemption in the body
of the bill itself.
  That is  the  purpose of this amend-
ment. It  was  my understanding yes-
terday that, the  manager of  the bill,
the distinguished Senator from Maine
(Mr. MUSKIE), was agreeable to ac-
cepting it.  Since yesterday there has
been  the  opportunity  to  have  the
amendment printed.  It is on the desk
of every Senator now. I have had oc-
casion  to  discuss  it  with  a  number
of  Senators  on  both  sides   of  the
aisle.
  I  am  prepared  at this  time  to
yield back the remainder of my time.
  Mr. MUSKIE. Mr. President, will
the Senator yield?
  Mr.  BAKER.   Mr.  President,   I
would be happy to  yield to  the dis-
tinguished Senator from Maine.
  The PRESIDING OFFICER. The
Senator from  Maine is recognized.
  Mr.  MUSKIE.  Mr.  President,  I
take just  a moment to  reaffirm my
support for this amendment,  which I
expressed on yesterday.
  It does reflect  the intent  of  the
legislation and of  the committee and
clarifies that  intent.

-------
1572
LEGAL COMPILATION—Am
  For that reason I support it.
  Mr. President, I yield back the  re-
mainder of my time.
  Mr. BAKER. Mr. President, I yield
back the remainder of my time.
  The  PRESIDING  OFFICER.  All
time having expired,  the question is
on agreeing to the amendment of  the
Senator from  Tennessee.
  The  amendment was  agreed  to.
  Mr. BAKER. Mr. President, I yield
move that we  reconsider the vote by
which  the  amendment  was  agreed
to.
  Mr.  MUSKIE.  Mr.   President,  I
move to lay that motion on the table.
  The  motion  to  lay  on   the  table
was agreed to.
  The  PRESIDING OFFICER. The
bill is open to further  amendment.
  Mr.  MUSKIE.  Mr.   President,  I
send to the desk an amendment.
  The  PRESIDING OFFICER. The
amendment will be stated.
  The  assistant legislative  clerk read
as follows:
  At the end of the bill insert a new section
as follows:
  "SEC.  14.  If Reorganization Plan No. 3 of
1970 becomes effective prior  to the date of
enactment  of this Act,  wherever in  any
amendment  made by this  Act the term  (1)
"Secretary"  or "Secretary of Health, Educa-
tion, and Welfare" is  used it means the  Ad-
ministrator  of the Environmental Protection
Agency,  or  (2) "Department  of  Health, Edu-
cation, and  Welfare"  is used it means  the
Environmental Protection Agency."

  Mr.  MUSKIE.  Mr.   President,  I
yield myself 5 minutes.
  The  PRESIDING OFFICER. The
Senator from Maine is recognized  for
5 minutes.
  Mr.  MUSKIE.  Mr.   President,  I
will not take 5 minutes to explain  the
amendment. This is a technical amend-
ment.  It  is intended to make  clear
that if the President's  proposed En-
vironmental  Protection  Agency  be-
               comes  law under  the reorganization
               plan which he submitted to Congress,
               all  references in the bill to the De-
               partment of Health, Education, and
               Welfare  will relate to the new  agen-
               cy.
                 The  amendment is necesary  in the
               event  that  Agency  becomes the ad-
               ministering Agency  of this program.
                 Mr.  President, I do not think there
               is  any  question  about  the  amend-
               ment. If  there is none, I yield back the
               remainder of my time.
                 Mr.  BOGGS. Mr. President, I yield
               back the remainder  of my time.
                 The  PRESIDING  OFFICER. All
               time having expired, the question  is
               on  agreeing to the amendment of the
               Senator from Maine.
                 The  amendment was agreed to.

                                         [p. 33077]

                   NATIONAL  AIR QUALITY
                   STANDARDS ACT  OF  1970

                 The  Senate continued with the con-
               sideration  of  the bill  (S. 4358)  to
               amend the  Clean Air  Act, and for
               other  purposes.
                        AMENDMENT NO. 928
                 Mr.  DOLE.  Mr. President,  I call
               up  amendment  No. 928.
                 The  PRESIDING OFFICER. The
               amendment  will be stated.
                 The  assistant legislative clerk pro-
               ceeded to state  the  amendment.
                 Mr.  DOLE.  Mr.  President,  I ask
               unanimous consent that further read-
               ing of the  amendment be  dispensed
               with.
                 The  PRESIDING OFFICER. With-
               out objection, it is so ordered, and the
               amendment  will be  printed in the
               RECORD.
                 The  amendment reads as follows:
                 On page 48, beginning with line 11, strike
               out  all through line 6 on page 52, and insert
               in lieu thereof the following:
                 "(4) (A)  Within twenty-four months but

-------
                   STATUTES AND LEGISLATIVE HISTORY
                                    1573
no later  than twelve months  before the ef-
fective date of standards established pursuant
to this subsection  any manufacturer or manu-
facturers may file  with  the  Secretary an ap-
plication  for a public hearing on the  question
of a suspension of the effective date of such
standards for one year. Upon receipt of such
application  the  Secretary shall promptly hold
a  hearing  to enable such  manufacturer  or
manufacturers and any other interested person
to present information relevant to implementa-
tion of the  standards.
  " (B)  In  connection with  any hearing un-
der this  subsection,  the  Secretary may sign
and issue subpoenas  for the attendance  and
testimony of witnesses   and the  production
of relevant  papers, books, and documents, and
administer  oaths.  Witnesses summoned  shall
be paid  the same fees and  mileage  that are
paid witnesses  in the courts  of  the United
States. In case of  contumacy  or refusal to obey
a  subpoena served upon any  person  under
this subparagraph, the  district court of the
United States for  any district in  which such
is found  or resides or transacts business,  upon
application  by  the United  States  and  after
notice to such person  to appear and  give tes-
timony before the Secretary  or to  appear and
produce  documents before  the  Secretary, or
both, and any failure to obey such order of the
court may be punished by such court as a con-
tempt thereof.
   "(C)  Within six months after such receipt
of the application for suspension  the  Secre-
tary shall,  if he  finds  upon a  preponderance
of evidence adduced  at  such hearing that  a
suspension  is essential to the public interest
and the  general welfare of the  United States,
that all  possible  and good faith efforts have
been made  to meet the standards  established
by this subsection, and  that effective control
technology,  processes, operating methods, or
other  alternatives  are  not available  or  have
not  been available  for  sufficient  period to
achieve  compliance prior to  the effective  date
of such standards  even with the full applica-
tions  of  section 309  of  this Act,  recommend
to Congress that (i)  the  effective date of such
standard be  suspended for  a  period of  only
one year, and (ii) the emission standard  that
should be applied during- any such suspension
which standard  shall reflect the greatest degree
or emission control possible through the use
of technology available.
  "(D)  The findings and recommendations re-
quired by this subsection shall not be subject
to judicial review. Such recommendations shall
be effective as law at the end of the first period
of sixty calendar  days  of  continuous session
of Congress after the date on which the recom-
mendation is  transmitted to  it  unless, between
the date of  transmittal  and the  end of the
sixty-day period, either House passes  a resolu-
tion stating in  substance that  the  House does
not favor such recommendation.
  "(E)  For the purpose of this paragraph—
  " (i)  continuity of  session  is  broken only
by an adjournment of Congress sine die;  and
  " (ii)  the  days on  which  either House is
not in  session because of an  adjournment of
more than  three  days  to a day  certain  are
excluded in the computation of the sixty-day
period.
  "(F)  Nothing in this paragraph shall ex-
tend the effective  date of any emission  stand-
ard established pursuant to this subsection for
more than one year."

   Mr. DOLE. Mr.  President, a parlia-
mentary inquiry.
   The PRESIDING OFFICER. The
Senator will  state  it.
   Mr.  DOLE.  Mr.  President, we are
under a  time limitation of 1 hour.
   The PRESIDING OFFICER. The
Senator is correct, 1 hour, 30 minutes
on each  side.
   How much time  does the Senator
from  Kansas yield himself?
   Mr,  DOLE.  Mr.  President, I  yield
myself 10 minutes.
   The PRESIDING OFFICER. The
Senator  from Kansas  is  recognized
for 10  minutes.
   Mr.  DOLE.  Mr. President, In  1968,
moving sources were responsible  for
more  than  42 percent  of  the  total
emissions  of five  major pollutants—
including  64 percent  of  the  carbon
monoxide  and 50  percent of the  hy-
drocarbons.  In health  effects,  these
pollutants  may  cause  cancer,   head-
ache,  dizziness, nausea, metabolic and
respiratory diseases, and the impair-
ment  of mental processes* In particu-
lar, the  President pointed  out in  his
message on the environment that—

  Studies  show  that  exposure   to  10  parts
per million of  carbon monoxide  for  approxi-
mately 8 hours may dull mental performance.
Such levels of carbon  monoxide  are common]?
found in cities throughout the world. In heavy
traffic situations, levels of 70, 30 or 100 parts
per million are not uncommon for short periods.

   Solving1 our air  pollution problems
therefore  depends   on  the achieve-
ment of significant reductions in  auto-

-------
1574
LEGAL COMPILATION—Am
mobile emissions. Because of this fact,
the  Public Works Committee  deter-
mined  that   the  establishment   of
motor vehicle emission standards is a
policy decision so important to pub-
lic health  that it should be made by
the Congress,  rather than the  Secre-
tary of Health, Education,  and Wel-
fare. Because  Congress has  made  the
establishment  of  emission  standards
a question of  congressional  policy, it
should retain the authority  to review
that policy  decision  on  the basis  of
social, health, and economic considera-
tions.  Congress  will  have a complete
record on the basis of the Secretary's
findings,  which will  enable  it  to  act
expeditiously,  if  action is required.
  Further,  the argument for judicial
review is convincing,  but  I  cannot
agree  with that approach for  several
reasons. First, there is  an  increasing
tendency to delegate responsibility for
policy  decisions  to  the   judiciary.
While that branch of Government is
less  susceptible to political and eco-
nomic pressures, it has  been increas-
ingly  subjected to the pressure of  a
growing backlog of cases. The senior
Senator from  Nebraska, in discussing
section 304  of this bill, noted yester-
day that  Chief  Justice  Burger  had
called attention  to the  plight  of  the
judicial system.  The  words  of  the
Chief Justice  are worthy of our seri-
ous  consideration:
  Meanwhile,  not  a  week  passes  without
speeches in  Congress and elsewhere, and edi-
torials, demanding  new  laws,  new  laws  to
control pollution, new  laws  to  change  the
environment, new laws to allow class actions
by consumers  to  protect the public; but the
difficulty lies in our tendency  to meet new and
legitimate demands for new laws  but without
adequate considerations  for  the consequences
on the courts.
   The Senator from Nebraska also in-
 serted the appendix  of the fiscal year
 1969 annual report of the Director of
 the  Administrative  Office of the U.S.
 Courts. It contained convincing figures
                that  indicate  the Congress  must  be
                very  careful not to further overload
                the judicial system.
                  Although the  provision  for judicial
                review contained in the bill provides
                that  the  automobile  manufacturers'
                petition would be  expedited, the de-
                cision of the  U.S. Court  of Appeals
                for the District of Columbia is sub-
                ject  to  review by  the U.S.  Supreme
                Court. It is likely that if  the automo-
                bile  manufacturers  do   not appeal,
                other interested persons or the United
                States will.  Furthermore,  there  are
                other procedural safeguards incum-
                bent  in the judicial process that may
                delay the final decision on whether an
                extension  will be  granted until  the
                issue becomes moot.
                  I believe congressional review, based
                on the Secretary's findings and recom-
                mendations, is the  best answer to the
                difficult problem created by the  estab-
                lishment of a  1975  deadline.
                  Mr. President, let me read some ex-
                cerpts from the amendment so that it
                may  be fully understood.
                  The amendment reads in part:
                  "(A)  (A)  Within twenty-four months  but
                no later than twelve months before the effec-
                tive date of standards  established pursuant to
                this subsection any manufacturer or manu-
                facturers may file  with the Secretary  an  ap-
                plication  for  a  public hearing: on the ques-
                tion of a suspension of the effective  date of
                such standards for one year. Upon receipt of
                such application, the Secretary shall promptly
                hold a hearing to enable such manufacturer or
                manufacturers and  any other interested person
                to present information  relevant  to implementa-
                tion of the standards."
                   The next section indicates that  in
                connection with the hearings, of course,
                 certain subpoenas  and  other  proce-
                 dures will  be  followed.
                   Section  (C)  states:
                  "(C)  Within six months after such receipt
                of the application for suspension the Secretary
                 shall,  if  he finds upon a preponderance

                                             [p. 33078]
                 of evidence  adduced at such  hearing that a

-------
                STATUTES AND  LEGISLATIVE HISTORY
                                1575
suspension is essential  to the public interest
and the general welfare of the United States,
that all possible and good faith efforts have
been made  to meet the standards established
by this subsection,  and that effective  control
technology,  processes,  operating  methods, or
other alternatives  are  not available or have
not been  available for sufficient  period to
achieve compliance prior to the effective  date
of such standards even with  the full applica-
tions of section 309 of this  Act, recommend
to Congress that  (i)  the  effective  date of
such standard  be suspended  for a period of
only one year, and  (ii) the emission standard
that should be applied during  any such suspen-
sion which  standard shall reflect the greatest
degree or emission control possible through the
use of technology available."

   Mr. President, I specifically note the
language in section (D):

  "(D) The findings and recommendations re-
quired by this subsection shall not  be  subject
to judicial review. Such recommendations shall
be effective  as law at the  end of the  first
period  of sixty calendar days of continuous ses-
sion of Congress after  the date on which the
recommendation is transmitted to it unless, be-
tween  the date of transmittal and the end of
the sixty-day period either  House  passes  a
resolution stating in substance that the House
does not favor such recommendation."

   Mr. President, the  chairman of  our
subcommittee and the ranking minority
member of the  subcommittee stressed
time  and time again  that  we  are
making- very difficult policy decisions.
They have been  made  time after time
by Congress, but  we  have to accept
the responsibility  for  making  these
very  difficult decisions.  The  same is
true  with respect  to emission stand-
ards  for  model  year  1975. It seems
to me that if we wish to be consistent,
Congress  must  accept  responsibility
for extension of that  deadline in  the
event  the  standards cannot be met.

   While I have  no quarrel with judi-
cial review as an orderly procedure, in
this instance where Congress  imposes
standards, if good faith efforts  are
made, an extension might be neces-
sary. Why, should  not Congress have
the final  word on  whether  or not  the
extension  should be granted? By Con-
gress making the final judgment,  the
automobile  industry would  not have
to wait 1, S, 4, 5, 6 months, or 2 years
for a court  to act,  but would have a
decision within 60 days.
   I have no pride of authorship in  the
amendment. I believe it fits the situa-
tion. It puts the matter  squarely up
to Congress: Should we pass  a law
which  everyone  agrees imposes very
strict standards, and then back away
from it and say, "Leave  it up  to  the
Court or the Secretary." I feel if we
are willing to  impose deadlines today
we should be willing to determine in
the  future  whether   the  deadlines
should be extended.
   Therefore, I  strongly  suggest this
amendment  does offer some compro-
mise.
   Mr.  President, in conclusion I wish
to say that this  amendment is the re-
sult of efforts by the subcommittee and
the  full committee  to find the best
possible avenue of resolving a very
difficult  problem. If we  tell a great
industry it must meet certain  stand-
ards by January 1, 1975, or the 1975
model  year,  then as indicated earlier,
we must accept  the responsibility  for
making the final judgment. My amend-
ment would be  a  substitute for lan-
guage now contained  in  the bill and
would  give  Congress  this  vital  re-
sponsibility. It is patterned very much
after  the  reorganization  acts sub-
mitted by the  executive branch from
time to time.
   If either the  House  or the Senate
do not accept the recommendations of
the Secretary, for a 1-year extension,
then there  is not a 1-year extension,
but  at least we then  come  to  grips
with  the problem we  created by  the
passage of  this legislation. It  occurs
to me that in fairness  to  the industry,
to the courts,  and the Secretary, this
should be a  partnership. There  should
be a coming together and this amend-

-------
1576
LEGAL  COMPILATION—AIR
merit would provide that compromise
because in  the first instance the Sec-
retary holds the hearings, he makes
the recommendations, and  we have 60
legislative days in which to act or not
to act.
  It does offer a compromise and we
would  not   "pass  the  buck,"  so to
speak,  to the judiciary system of the
United States.
  Mr. BOGGS. Mr. President, will the
Senator yield for 3 minutes?
  Mr. DOLE. I yield 3 minutes to the
Senator from Delaware.
  Mr. BOGGS.  Mr. President, I wish
to commend the distinguished Senator
from Kansas (Mr. DOLE) for offering
this amendment,  together with  his
excellent presentation and explanation
of the amendment.
  I wish to express my strong support
for the amendment.
  One  of the most significant aspects
of this legislation is the deadline pro-
posed under section 202 (b) which re-
quires  a specific  degree of emission
control by  the 1975 automobile  model
year.
  We must realize  that a possibility
exists that  good faith effort will still
find the automobile industry short of
that low-pollution goal. Therefore, the
committee wisely provided a provision
for secretarial review, on the question
of granting relief for  1 year in the
deadline. Under the proposal made by
the  Senator from  Kentucky   (Mr.
COOPER)  and the  Senator from Ten-
nessee (Mr. BAKER) and incorporated
into the bill, the  Secretary's decision
would be subject to judicial review.
  The  Dole amendment preserves the
basic  thrust of  section  202 (b) (4),
but returns the responsibility for re-
view of the Secretary's decision to the
Congress.
  It is my  view that congressional re-
view is more appropriate in  light of
the responsibility that the  Congress is
               assuming  in  establishing a  specific
               standard of emissions control.
                 The amendment of the Senator from
               Kansas  (Mr. DOLE)  encourages the
               Congress to meet that responsibility.
                 I am happy to join with him, and I
               do support his amendment.
                 I thank  the Senator for yielding.
                 Mr. MUSKIE.  Mr. President, will
               the Senator yield to me for a minute
               or two?
                 Mr. DOLE. I yield.
                 The  PRESIDING  OFFICER.  The
               Senator from Maine has his own time.
                 Mr.  MUSKIE.  Mr. President,  I
               support the amendment and  the time
               in opposition should go  to  someone
               else. I would suggest, if he is willing,
               the Senator from Kentucky  take the
               time in  opposition.
                 The PRESIDING OFFICER. Who
               yields time?
                 Mr.  COOPER.  Mr. President,  I
               yield myself 1 minute.
                 The  PRESIDING  OFFICER.  The
               Senator from Kentucky is recognized
               for 1 minute.
                 Mr.  COOPER. Mr.  President, the
               Senator from Delaware is controlling
               the time.
                 Mr.  BOGGS.  The   Senator  from
               Kansas is  controlling time for those in
               favor.
                 Mr. MUSKIE. Technically I control
               time of those against.
                 Mr.  COOPER.  I  understand the
               Senator from Florida (Mr. GURNET)
               will offer an amendment to the amend-
               ment of the Senator  from Kansas. Is
               it the  Senator's intent to offer  that
               amendment now?
                 Mr. GURNEY. Mr. President, will
               the Senator yield?
                 Mr. COOPER.  I yield.
                 Mr. GURNEY. Once we debate the
               issues on the Dole amendment I do in-
               tend to offer an amendment to the
               Dole amendment  to change  the time
               provision in  the Dole amendment.

-------
                STATUTES  AND LEGISLATIVE HISTORY
                             1577
  Mr. COOPER. Is the Senator pre-
pared to offer his amendment now?
  Mr. RANDOLPH. Mr. President, I
cannot hear the discussion that is go-
ing on.  I am not critical but I  make
the point of order that the Senate is
not in order.
  The  PRESIDING OFFICER. The
Senate is not in order and the Senate
will be in order.
  Since  the Senator  from Maine is
supporting the amendment, the minor-
ity leader or his designee will control
time in opposition.
  Mr.  BOGGS.  Mr.  President, the
Senator from Kentucky (Mr. COOPER)
is in opposition.
  The  PRESIDING OFFICER. The
Senator from Kentucky has control of
the time in opposition. Does the  Sen-
ator yield himself time?
  Mr.  COOPER. I yield  myself  2
minutes.
  Mr. President, if  the Senator from
Florida is not ready to send his amend-
ment  to  the Dole amendment to the
desk, I am ready to present my case
against the Dole amendment.
  Mr.  GURNEY.  Mr.  President, if
the Senator would  yield,  I shall be
very happy to send  my amendment to
the desk. Then we can dispose of the
whole thing.
  Mr.  COOPER.  Mr.  President,  I
yield the floor.
  The PRESIDING OFFICER.  Who
yields time to the Senator from Flori-
da?
  Mr. DOLE. Mr. President, I yield
1 minute to the Senator from Florida.
  Mr.  GURNEY.  Mr.  President,  I
send an amendment to the amendment
to the desk.
  The  PRESIDING OFFICER. The
Chair is advised that the Senator may
not offer his amendment until all time
is yielded back or used on the pending
amendment.
  Mr.  GURNEY.  Mr.  President,  a
parliamentary inquiry.
  The  PRESIDING  OFFICER.  The
Senator will state it.
  Mr. GURNEY. Can the amendment
simply be read? That is all I want
to do.
                         [p. 33079]

  The  PRESIDING  OFFICER.  The
amendment may be read.
  The  assistant legislative clerk read
the amendments intended to be pro-
posed to the amendment of Mr. DOLE,
as follows:

  On page  1, beginning  on line 1, strike
"Within twenty-four months but no later than
twelve months".
  On page 1, line 2, capitalize the word "be-
fore".
  On page 1, line 4, after the word "applica-
tion" insert the following:  "in a timely man-
ner to be determined by the Secretary".

  Mr.  GURNEY.  Mr.  President,  I
shall take just a minute to explain my
amendment  briefly, so  the  Senator
from Kentucky can  have   the  two
amendments before him and present
his argument to both.
  ,A11 this amendment does is change
the time provision in the Dole amend-
ment in which application can be made
to the  Secretary for relief under the
bill.  The  Dole  amendment  provides
that application cannot be made be-
fore 2  years prior to January 1, 1975,
when the standards take effect,  and
they cannot be  made  any later than
1 year prior to  that date. My amend-
ment simply provides that the auto-
mobile manufacturers may make ap-
plication	
  The  PRESIDING  OFFICER.  The
time of the Senator from Florida has
expired.
  Mr.  DOLE. Mr.  President, I yield
1 minute to the  Senator from Florida.
  The  PRESIDING  OFFICER.  The
Senator from Florida.
  Mr.   GURNEY.  My  amendment

-------
1578
LEGAL  COMPILATION—AIR
merely provides that the automobile
manufacturers  may  go  to the  Secre-
tary at any time,  in a  manner to be
determined timely  by him, to present
their case.
  The  reason why I am offering the
amendment is that, as I understand it,
a great deal of leadtime is necessary,
somewhere between 2 and 2%  years,
of tooling-up-time processes for  the
manufacturers, and  that they need a
longer  time than 24 months.
  Mr.  DOLE.  Mr. President, I yield
2 minutes to the Senator from Maine
(Mr. MUSKIE).
  Mr.  MUSKIE. Mr. President,  two
issues have been raised. I would like to
respond to the first one initially in the
2 minutes the  Senator has just given
me.
  The  issue raised  by  the Senator
from Florida I shall discuss later, but,
with respect to  the  Dole amendment,
I support it. I  supported it in commit-
tee. It was offered in committee as a
substitute for the judicial review  pro-
vision  which is in the bill.
  I support it  for these reasons, all
of which I think  have been touched
upon  by the   distinguished Senator
from Kansas:
  First of  all, we are making a  con-
gressional policy decision if we enact
the law. It is a serious  one  and with-
out precedent.  We have done  it be-
cause of the urgency of the problem.
If the policy is changed, only the Con-
gress should change it. The advantage
of the Dole amendment is that it would
bring the decision back to Congress to
be made. For that reason I support the
Dole amendment.
  The  second reason  why I support the
Dole amendment is that this is a tech-
nical question.  I think  the  judiciary,
within the judicial review provisions
in the bill, would find  it difficult to
come to  grips with technical decisions
of this complexity. On the other hand,
               in the  administration  we  have  an
               agency established by Congress which
               has  developed  the expertise,  know-
               how, and background  to  review any
               request  for a change  in the deadline.
               The  Dole amendment would put that
               machinery into motion. After it had
               completed  its  work,  the Secretary
               would then  make a recommendation
               to the Congress, and  the policy  de-
               cision would be made  here, with  the
               benefit of all  the background devel-
               oped by the Secretary in the adminis-
               trative process.
                 So I think the Dole amendment is
               an ideal way to get at the question of
               whether or not to postpone the dead-
               line  at some point in the  future. For
               that reason, I  support it. I  think it
               makes a great deal of sense. It was
               offered  in committee.  The vote  was
               very close. As I recall it, it was 8 to
               6. So the committee was pretty closely
               divided on it. For that reason, I have
               no hesitation to support this  amend-
               ment, as  I did in committee,  to sup-
               port it on the floor, and  to urge  the
               Senate to support it, as well.
                 The  PRESIDING OFFICER. Who
               yields time?
                 Mr. GRIFFIN. Mr. President, I  ask
               the  Senator from Kentucky  to yield
               me time?
                 Mr. COOPER. I shall yield the Sen-
               ator, but first  I yield myself 30 sec-
               onds.
                 This is an important amendment. It
               involves the only possibility of review,
               what I would call due process of law,
               in this provision of the bill. I can at-
               test that  it is hard to understand the
               bill, with all its provisions, even after
               working on  it for weeks and months.
               The Senator from  Maine knows that
               so well.
                 I would like  to ask unanimous con-
               sent that we may have a quorum call,
               without  the  time being  taken from
               either side, in order to get more Sena-

-------
                STATUTES  AND LEGISLATIVE  HISTORY
                               1579
tors to listen to the debate on this bill
which will have great impact upon the
economic  and  social fabric of  this
country.
  Mr. MUSKIE. Mr. President, is this
to be a live quorum?
  Mr.  COOPER.  No.
  Mr. MUSKIE. I have no objection.
  The  PRESIDING  OFFICER.  The
clerk  will  call  the roll, and without
objection the time will be taken from
neither side.
  The  assistant legislative clerk  pro-
ceeded to call the  roll.
  Mr.  COOPER.  Mr.  President, I  ask
unanimous consent that the order for
the quorum call be rescinded.
  The  PRESIDING OFFICER. With-
out objection, it  is  so  ordered. Who
yields  time?
  Mr.  COOPER.  Mr.  President,  I
yield   to  the distinguished  Senator
from  Michigan  (Mr. GRIFFIN),  but
since this a statement, as I understand
it, or  a discussion of the bill, I  ask
that the time be taken from the time
allotted to the  bill.
  The  PRESIDING  OFFICER.  The
Senator from Michigan  himself  has
the time on the bill.
  Mr. GRIFFIN.  I thank the Senator.
Mr.  President,   I  yield  myself   15
minutes.
  Mr.  President,  while  Senators  are
considering the  merits  of the Dole
amendment and the proposed amend-
ment  thereto offered by  the Senator
from Florida (Mr. GURNEY), I should
like to address myself to some broader
aspects of the bill.
  I am deeply concerned about  this
bill because it introduces a novel con-
cept to automobile  emission control—
the concept of brinkmanship. An in-
dustry pivotal to the U.S. economy is
to be  required  by statute  to meet
standards which  the  committee itself
acknowledges cannot  be  met with ex-
isting technology.
  Mr.   President,  brinkmanship  is
risky business. It is  especially risky
when it is applied to a key industry,
and when it is based  upon such ques-
tionable premises.
  Mr. President, there can be no argu-
ment about the  need  for  establishing
and  pursuing air  quality  standards
that will protect the public health. We
are  long  past the  day when anyone
could think that  improving our air
quality  will be  neither  painful  nor
expensive.
  But another unavoidable fact is that
air pollution—whether  coming from
factory  smokestacks,  automobile tail-
pipes, or backyard incinerators—is the
end  product of  an otherwise  highly
successful economic system  which is
second  only to   the  environment  in
assuring  the  physical  well-being  of
most Americans.
  Obviously, to  the extent  that  it is
reasonably necessary to penalize the
economy to gain cleaner air, we must
do so. But if we penalize the economy
excessively—beyond what is necessary
—we shall win no victory.
  In that light,  it becomes  important
to point  up  some of  the  problems
which title 2  of the  bill is likely to
cause the automobile industry. It is
significant that the most far reaching
of these provisions was devised when
the bill was considered by the subcom-
mittee in  executive session, long after
hearings  had  been  concluded. Indeed,
as I understand it,  there has  never
been testimony in either the House or
Senate  on the concepts  put forth in
section  202 of this bill. Because that
is the situation, I want  to  develop
some facts for the record—facts which
otherwise might not come to the atten-
tion of Senators because of the ab-
sence of hearings on  section 202.
  Interestingly enough, for  Congress
to establish standards, as proposed in
section 202 without even a hearing or

-------
1580
LEGAL COMPILATION—Am
the benefit of written comment, is to
set an example which no administra-
tive agency would dare to follow.
  Amid the current fad to blame the
automobile industry for a variety of
problems,  Congress  should  not lose
sight  of the fact that the  manufac-
ture,  sale and   servicing of  motor
vehicles is a vital industry in the U.S.
economy.  The availability of automo-
tive transportation is a  basic factor
in  the  personal  economy and  daily
living of most of the identical people
we seek to protect from the effects of
pollution.
  Mr.  President,  800,000 Americans
are directly dependent upon the auto-
mobile industry for  their livelihoods
and more than 14  million other jobs
are dependent
                          [p. 33080]
upon  its products—in all, 28 percent
of all private nonf arm employment in
the United States.  Cars and  trucks
generate  10  percent  of all  taxes
collected  by Federal,   State,  and
local governments combined.  Expendi-
tures  for  automotive  transportation
account for more than 16 percent of
our gross national  product.  Even  a
slight dip in  auto sales, to say nothing
of  a strike at General Motors,  sends
shock waves throughout the financial
community.
  This  bill,  as  written,  proposes to
give the automobile industry from 18
to 30  months to make a technological
breakthrough that has withstood more
than  15 years of research—and even
this illogically short time frame ignores
procedural requirements of the legisla-
tion which could easily consume in
excess of 12 months.
   This  bill, as written, would saddle
the automobile  industry with  addi-
tional problems, harassments, and un-
reasonable demands  and expenses at
a time  when rapidly rising costs are
already  putting it  under a  severe
               handicap  in competing  with foreign
               producers—to  the detriment of  our
               balance of payments.
                 In  short,  Mr.  President, this  bill
               holds a gun at the head of the Ameri-
               can  automobile industry  in a  very
               dangerous  game of economic roulette.
                 Such a monumental gamble should
               not be taken unless we are reasonably
               sure  the potential results  are worth
               the risk we incur. Let us look, there-
               fore,  at what  it is  that we actually
               stand to gain.
                 Section 202 of the bill would require
               that,  by  1975, emissions by  hydro-
               carbons and carbon monoxide be re-
               duced by  90 percent below the  1970
               levels. It would require that oxides of
               nitrogen, which are not now federally
               regulated, undergo a similar reduction
               5 years after standards are set. Since
               the Secretary is expected to set stand-
               ards in 1971, the 90-percent reduction
               in nitrogen oxides would be required
               in 1976.
                 At  first  blush, those  sound  like
               impressive gains.  They are, in effect,
               a  5-year  advance over the timetable
               that  the President,  supported  by the
               Department of Health, Education, and
               Welfare, announced last February.
                 However, I  think we need to look
               more  closely  at  these  legislatively
               imposed standards if we  are  to put
               them  into  perspective  with the  full
               record as  it stands today.
                 To start with,  it is  interesting to
               note  that last month  the Council on
               Environmental Quality submitted data
               attributing 42  percent  of  manmade
               pollutants to transportation. I under-
               stand that the automobile share is set
               at 39 percent—39 percent, not the 60
               to 90 percent that  has been so  fre-
               quently  charged.  It   is   a serious
               mistake to pin too much hope on clean-
               ing up the air by cracking down on
               automobiles.   Total  elimination  of
               automobile  pollution would still leave

-------
               STATUTES  AND LEGISLATIVE  HISTORY
                              1581
us with more than 60 percent of the
total pollution problem to deal with.
  Yet this bill concentrates its heaviest
fire on the smaller part of the job. It
is another serious mistake to fall into
the trap of thinking that stationary
sources of pollution can be  offset by
reducing- automotive pollution.  It may
be  recalled   that   Mayor  Lindsay
recently enunciated  that  fallacious
policy in reference to allowing expan-
sion of  Consolidated Edison's Astoria
plant  to  relieve  New York  City's
severe power shortage. He indicated
it would be  possible to offset  added
pollution from the powerplant by cur-
tailing  auto  emissions—but the  ap-
parent  logic  of this position  is quite
misleading.
  The fact is that the photochemical
smog and  the  carbon monoxide con-
centrations caused, in large part, by
automotive emissions  are not to be
confused with  the kind of  air pollu-
tion that brought on London's famous
"killer  fog"   of 1952 or  the  1948
tragedy in Donora,  Pa. Those  catas-
trophes were not  caused by  hydro-
carbons, oxides of nitrogen, or carbon
monoxide—the   major   automotive
pollutants. They were  caused  by the
combination of sulfur  oxides and par-
ticulates, which come from stationary
sources, including  power generating
plants.   Motor  vehicles  contribute
about 1 percent of  the sulfur  oxides
and, even with leaded gasoline, about
3 percent  of the particulates in our
national air. I might mention that
London's  progress  in  cleaning its
atmosphere has been accomplished by
putting controls on  everything  but
automotive vehicles.
  Furthermore, the  automobile con-
tributes 39 percent of our total man-
made air pollution only when pollut-
ants are measured on a tonnage basis,
primarily because of carbon monoxide.
On the same weight basis, however, it
takes  something like 220  times  as
much carbon monoxide to attain the
same "threshold health effect" as that
which results from sulfur oxides. This
was  the  judgment  of  California's
health authorities, who have had more
actual experience with pollution  than
anybody else  in setting  their ambi-
ent air standards.
  The point is  that  when pollutants
are  measured  by  their  effects  on
health  rather  than  by  their  gross
weight, the automobile's  role  in the
picture drops off sharply. In the  June
1970  issue of Environmental Science
and  Technology, two University  of
California professors concluded  that
automobiles are responsible  for  only
12  percent of total U.S. air pollution
when  measured  by  pollution  harm-
fulness.
  Whichever  figure   we  choose  to
accept—12  percent  or 39  percent—
much of this  automotive pollution is
being produced  by  older  uncontrolled
automobiles which predate the use of
present emission controls.  The  com-
mittee report itself makes this clear.
These older cars are being  scrapped
at the rate of more than 7  million a
year. Let us look from an emissions
viewpoint at the new and  used cars
which are replacing them.
  Beginning  in  1963,  automobiles
were equipped with crankcase ventila-
tion systems which eliminate 20 per-
cent  of  the  hydrocarbon  emissions
from an uncontrolled vehicle.
  Another 60 percent of the  hydro-
carbons and all of the carbon  mon-
oxide  comes from  the exhaust  pipe.
Beginning with  the   1966 models in
California  and   1968  nationwide,
exhaust controls substantially lessened
that source of emissions. In the 1968
and 1969 models, 62 percent  of hydro-
carbons and  54  percent of  carbon
monoxide emissions were eliminated.
Improvements in 1970 controls raised
these percentages  to 69 percent for
       526-703 O - 73 - 27

-------
1582
LEGAL COMPILATION—Am
hydrocarbons  and  70  percent  for
carbon monoxide.
  So, Mr.  President, as we  consider
this bill, it is very important to keep
in mind that the automobile  industry
already—due to  their own efforts and
due, certainly,  to the  prodding  by
governments, both State and  Federal,
has already about eliminated 70 per-
cent of the pollutants coming out of
automobile  exhausts.  Now,  this bill
would require the further elimination
of  90  percent of  the  remaining 30
percent within a very short period of
time—by 1975—even though  the tech-
nology to do so  does not exist today.
  Of the 31 percent of the remaining
hydrocarbon emissions, nearly two-
thirds resulted from evaporation from
the gas tank and carburetor. Evap-
orative  control  systems on  all 1971
cars have  virtually  shut  off  that
source of pollution.
  All told,  then, 80  percent  of the
hydrocarbons and up to 70 percent of
the  carbon monoxide  emissions have
been  eliminated   on   1971   models.
Oxides  of nitrogen will come under
control in California in 1971 and na-
tionwide in 1973.
  The committee  report cites testi-
mony from  the  National  Air Pollu-
tion Control Administration  to the
effect  that these gains are illusory
because   present  exhaust   controls
quickly lose their efficiency  through
use. However, NAPCA qualified this
conclusion  by  noting  that it  was
based  on  a broad interpretation  of
field surveillance tests  conducted by
the State of California.
   Actually, these tests show that the
durability of exhaust control systems
has improved year by year  with the
 technology.  For  1969  cars,  carbon
monoxide  emissions were  more  than
 15 percent below the standard  even
for the  greatest  amounts of  driving
mileage reported. Even though hydro-
               carbon  deterioration has  been more
               resistant to solution, less than 6 per-
               cent of the hydrocarbon reduction has
               been found to be lost through deterio-
               ration at 50,000 miles of driving.
                  The PRESIDING OFFICER. The
               Senator's 15 minutes have expired.
                  Mr. GRIFFIN. I  yield myself  an
               additional 10 minutes.
                  Some experts allege that lead addi-
               tives are a major factor in the deteri-
               oration  of emission control. Reduction
               in the amounts  of  lead  additives in
               gasoline appears to  be a further step
               in  improving  the   long-range  per-
               formance of emission controls. More
               rapid progress  will be  made  in  this
               area  as petroleum   companies move
               almost daily to expand the availability
               of such fuels, for which the major part
               of current  U.S. auto engine produc-
               tion is designed.
                  The best  proof of how well present
               emission controls work is the fact that
               air  quality already  is improving as
               far  as  automotive emissions are con-
               cerned. Even in Los Angeles, with its
               steady increase in automotive popula-
               tion, the peak output of hydrocarbons
               and carbon monoxide was reached in
               1966 and has been
                                         [p. 33081]

               steadily declining ever  since.  At the
               current  rate—including  the  rate of
               automotive  growth—even if  no im-
               provements in emission  controls were
               made beyond the 1971 level, by 1980
               Los Angeles would  have less automo-
               tive hydrocarbons in its  air than it
               had  in  1940.  Its  carbon  monoxide
               levels would  be back to  where they
               were late in the forties.
                  This  much has been  accomplished
               with relatively little additional cost to
               the car buyer and with relatively little
                sacrifice in  vehicle performance. Prom
                here on, however,  the  costs go up
                sharply and the actual  improvement
                to the  atmosphere  becomes less and
                less at each step.

-------
                STATUTES AND LEGISLATIVE  HISTORY
                               1583
  Consider, for  example,  what the
section   202  standards—which  the
automobile  industry  says it has  no
reason to hope it can meet by 1975—
would accomplish as compared with the
1975 standards  set by HEW,  which
the automobile industry has expressed
confidence it can meet.
  Whether  or not our confidence in
the industry's ability exceeds its own,
the fact is  that meeting  the require-
ments of section 202 would  result in
only minimal  improvements  in air
quality.
  Since 80 percent of the  hydrocarbon
emissions  already  have  been  elimi-
nated in the 1971  cars, under  either
the HEW requirement or section 202,
the control  would be nearly  total  by
1975—95 percent in the one  instance
and 98 percent in the other. Not a very
significant difference.
  Section 202 would bring oxides of
nitrogen under  90 percent control 5
years after standards  are set, com-
pared with HEW's 83 percent by 1975.
In New York City's own "Emission
Inventory   Summary,"   incidentally,
only 18 percent of total emissions of
oxides  of nitrogen  were attributed to
surface  transportation.   That  would
seem to indicate that again section 202
offers a very limited  amount of im-
provement  over  HEW  standards—
about a  1-percent reduction  of  oxides
of nitrogen  in  New York  City, for
example.
  Reduction of carbon monoxide levels
would be 97 percent under section 202
and 86 percent under the HEW time-
table.  The  significance  of the gain,
however, is somewhat dimmed  by  re-
cent scientific findings  that nature
renders atmospheric carbon  monoxide
harmless in about  a  month's  time.
Formerly, it was believed that carbon
monoxide lasted about 3 years, which
would gravely increase the danger of
cumulative buildup.
  Unquestionably,  any  improvement
at all  in air purity  is  much  to be
desired. The desire,  however, should
not be allowed  to overcome our sense
of the practical. Whe are not living in
Camclot,  where  the  very  elements
could be controlled by decree.
  Mr. President, in  my  several years
in both houses of this Congress, I have
never encountered  so  remarkable  a
statement  as  this passage from the
committee report pertaining to section
202:

  The Secretary is expected to  press for the
deve'opment and application of improved tech-
nology rather than being limited  by that which
exists. In other words, standards should be a
function of the degree of control required, not
the degree of technology available  today.

  Mr. President, I suggest that con-
firms the statement I have made over
and  over again, that the technology
for  achieving  the  standards set in
legislative  concrete  by  this  bill are
not available.
  Also  according  to the  report, the
standards  envisioned by section 202
are  derived from a  paper presented
in June of this  year at  the annual
meeting of  the Air  Pollution  Control
Association by D. S. Earth of HEW.
  What the report  does not  mention
is that  Mr. Barth,  in presenting his
paper, clearly  and  repeatedly stated
that he was preparing a groundwork
for standards  rather than proposing
firm  conclusions  on  which  official
standards should be based.
  In his calculations, Mr.  Barth used
what can only  be called a "best  ball"
approach  which at  each step  com-
pounded the safety factors for health
protection.
  For  present  air  quality,  he  used
one-time peak values rather than sta-
tistically  valid  maximum  readings.
For  desired air quality, he applied the
lowest values ever  reported, not the
most widely-accepted values  of  what
is needed to avoid detrimental effects
on health.  For the  background  con-
centration  factor, he used  the highest
reported values of "natural pollution"

-------
1584
LEGAL COMPILATION—AIR
rather than more generally accepted
figures. And in anticipating the future
growth of the automotive population,
he went far  beyond most  estimates
including  that published  by the De-
partment of Transportation.
  By using this "best ball" approach
—that is, by  assuming the worst  at
each  stage  of his  calculations—Mr.
Earth arrived at hypothetical  vehicle
emission goals which are from six to
20 times more severe than would  be
indicated  if  more  widely  accepted
values were applied.
  That is the basis of the  standards
proposed in section 202 with what the
committee report refers to  as, quote,
"requirements for margins of safety,"
end quote.
  If we  are  to  believe both the  bill
and the automobile industry—one say-
ing that these standards must  be met
by 1976  at  the  latest  and  the other
saying that the technology  for doing
it is  not  yet  in sight—we  could  be
headed for an economic and transpor-
tation crisis in 5 or 6 years' time.
  In this connection, I have mentioned
that the automobile industry believed
it could meet the 1975 standards pro-
posed by the administration. I should
also mention that there was one quali-
fication to their promise. At  the White
House meeting  last  November,  in-
dustry officials indicated their confi-
dence in meeting the standards if and
only if the 1970-71 Federal  standards
were  stabilized  through  the  1974
model year.   They  emphasized  that
meeting the 1975 goals would require
the full concentration of  their efforts
without being diverted  onto  interim
goals. Imposing new  1975  standards
and  requiring a change  of research
effort at this point can only handicap,
the effort to meet either set of goals.
  This is  especially so  because  the
automobile industry does not  have 5
years, or even 6  years the bill pro-
vides at the discretion of the Secre-
tary of Health, Education,  and Wel-
               fare, in which to  come up  with the
               answer. The leadtimes involved in the
               mass production of a machine as com-
               plex as the automobile at reasonable
               cost and acceptable reliability drasti-
               cally reduce the grace period that the
               manufacturers would have.
                 If the provisions of the present bill
               were to take effect at the end of this
               session, the industry would  have 3%
               years  left  before  starting  up  1975
               model production.  Three and  a half
               years is about the normal production
               leadtime, particularly for sophisticat-
               ed  antipolluting  systems which may
               require major changes in  the con-
               figuration of the vehicle. Even if pro-
               duction leadtime is compressed  to 2
               years, simple arithmetic shows that
               automotive  engineers would have only
               18 months  in which to invent the new
               approach or 30 months if the industry
               can  gain the 1  year only suspension
               of the standards provided for in the
               bill.
                 Actually, the industry does not have
               that  much  time  because  procedural
               requirements  grant  the Secretary 6
               months in which to make his momen-
               tous decision on whether to grant the
               suspension.  Then appellate  provisions
               are provided—and I am sure they will
               be  used no matter what  the Secre-
               tary's  decision   is.  These  appellate
               provisions   include  an  appeal  to the
               circuit court of appeals which, I con-
               clude, cannot  consume less than 3
               months,  and   application   to   the
               Supreme Court for a writ  of certio-
               rari which almost certainly would con-
               sume at least 3 months more.
                 During this period, cars cannot be
               built for the simple reason that the
               emissions systems are integral to the
               car  design  and the design cannot be
               established  until the standards are set.
               In this connection, it is important to
               bear in mind that the Secretary, if he
               extends the statutory deadline,  must
               establish new standards which are the

-------
                 STATUTES AND  LEGISLATIVE  HISTORY
                                1585
most stringent  that  the  technology
can meet.
  Even if the Secretary does this con-
currently with his decision to extend
the deadline, car manufacturers would
be unable to build to that specification
until they know for certain that the
Secretary's judgment will not be over-
turned.
  A few days ago, the junior Senator
from Wisconsin  (Mr.  NELSON)  re-
leased a letter he  had written to the
chairman of the Senate Public Works
Committee. In that letter,  which re-
ceived  wide  publicity,  the  Senator
criticized the automobile industry for
claiming  that  it cannot do by  1975
what a group of students had already
accomplished in the 1970 cross-country
clean air car race.
  Judging from  what I have read in
the papers and seen on television, that
seemed like a plausible charge, and it
was certainly a  serious one.  I there-
fore decided to  look into the matter
to determine for myself whether or
not the automobile manufacturers are
trying to pull the wool over our eyes.
  I should  like to summarize what I
found out.
  My  colleague, the  junior  Senator
from Wisconsin, said  that the auto-
mobile companies "know  the results—
of the  clean air car  race—and  are
deeply embarrassed by them."
  Of course the manufacturers know
the results of the race. To their credit,
sev-

                            [p. 33082]
eral of them were deeply involved in
it—providing vehicles, special equip-
ment, financing,  testing facilities,  and
expert technical advice.
  The junior Senator  from  Wisconsin
went on to  discuss the winning car, a
highly modified 1971 Ford Capri. He
said :
  What the si ants of the automobile industry
are claiming cannot be done, was demonstrated
to the American  public by a team of night
students at Wayne State who are employed as
technicians by Ford Motor Co.  . .  . without
the  financial or technical resources available
to the auto industry.

  The facts  are these: The winning
car was put  together by  a  team of
five  students  and two other young
engineers.  Three of the students  and
the other two team members are high-
ly regarded engineers  at Ford Motor
Co. Without taking away from their ac-
complishment in the  least,  I was sure
they would be the first to acknowledge
that they received not only  encourage-
ment but financial and technical as-
sistance  as well from Ford  Motor  Co.,
which worked  closely with  them in
selecting their emission control equip-
ment.
  Now let us consider what it is that
the vehicle and others  in the race are
supposed to  have  demonstrated. It
was said:

  The  student-modified  internal combustion
engine using nonleaded gasoline  surpassed not
only the proposed 1975 Federal standards, but
were far  below  the proposed  1980 Federal
standards which your subcommittee has recom-
mended be advanced for  1975. The above re-
sults demonstrate the fact  that  a  1971  Ford
internal combustion engine  can meet the pro-
posed 1980 standards today.

  It was also claimed  that a total of
nine of the cars in the race met the
proposed 1975 standards and that  two
of them  met the proposed 1980 stand-
ards.
  The facts  are  that nobody  knows
whether  any  of these cars  met  the
1975 or  the 1980  proposed  standards.
The reason is that none of  them were
tested by using either the  present or
the proposed  Federal emission   test
procedures.  This  is not just  a tech-
nicality.  When we are  measuring  pol-
lution in terms of parts per million—
and that is what we are talking about
—different test procedures can yield
results that  vary by 100  percent or
more. That is why detailed test pro-

-------
1586
LEGAL COMPILATION—AIR
cedure requirements are an  integral
part of Federal emission standards.
  The test procedures used during the
clean air car race were less stringent
and yielded lower results than would
be obtained from the Federal Govern-
ment's present  and  proposed proce-
dures. Consequently, the race results
cannot be  equated  with the  results
that are obtained when a car is tested
for emissions  certification by the De-
partment  of Health, Education,  and
Welfare.
  For the moment, let us assume that
nine cars  in the race would  meet the
proposed 1975 Federal  standards and
two  would  meet  the proposed  1980
standards if tested  in  the prescribed
manner.
  It was argued that such results sup-
port those provisions of the legislation
proposed  by  your  Subcommittee  on
Air and Water Pollution which would
require compliance with the proposed
1980  Federal  emission  standards by
1975. Senator  NELSON said:

  One can also conclude  that the  accomplish-
ments of the Wayne State University stu-
dents with  a  minimum  of experience with  a
major  manufacturer  should be  well  within
the expertise  of all  segments of the entire
automobile industry.

  Of course, there is no question that
automobile  manufacturers could build
cars exactly like the Wayne State Ca-
pri. The question is whether this would
be  a practical  and  realistic way of
meeting the emission standards we are
now being asked to freeze into law.
  Let us  take a look at that car. To
make up  for the loss of performance
resulting  from  the complex  emission
control equipment added to  the car,
an engine three times as big as the
standard  engine  was  installed.  To
make up  for the  loss of performance
and fuel  economy resulting from the
extra weight  and the emission equip-
ment, the car was  lightened by sulv-
stituting plastic for much of the orig-
inal steel and glass and removing vir-
               tually all of the interior trim and un-
               essential  hardware—hardly a practi-
               cal substitution for normal use.
                  The  principal   modifications,   of
               course, were the addition of an ex-
               tremely complex and costly  emission
               control system, including four  plati-
               num  catalytic converters. Aside from
               the  very  high cost of the platinum
               in the exhaust  system,  the  fact  is
               that  there is now  a worldwide short-
               age of platinum and it is totally im-
               practical  to contemplate  use  in pro-
               duction line cars of  large quantities
               of this precious material,  such as was
               used  in the winning car.
                  Furthermore, the car and its emis-
               sion  control  equipment were specifi-
               cally designed merely to meet the re-
               quirements of the  race—that  means
               designed  to get  across the country
               once, in good time and with minimum
               emissions.  They  were not  designed
               to perform  satisfactorily for  50,000
               miles as  demanded  by the warranty
               provisions  of the  clean  air bill.  In
               fact, the winning car suffered  a 60-
               percent deterioration in  hydrocarbon
               control on its 3,600-mile trip.
                  The car entered  in the race was a
               car that would cost substantially more
               than today's cars to build, and would
               probably  require   frequent  replace-
               ment of its platinum converters.
                  In short, there is no basis for the
               conclusion that this car or any other
               car in the race represents an immedi-
               ately available, practical way to meet
               the emission standards included in the
               bill.  All that is proved by the results
               of the race is that it is possible, if
               cost  and  practicality are no  object,
               to build  a  car  that  comes  close  to
               meeting  the proposed  standards for
               somewhat less than 4,000 miles.
                  A  serious problem in the  bill is
               the  warranty  provision. The  war-
                ranty provision  is  impractical,  and I
                suggest that it may be unenforceable.
                In the first place,  a warranty  based
               on emission standards requires  some

-------
                STATUTES  AND LEGISLATIVE  HISTORY
                              1587
method of measurement in the field. I
understand that  at  present  it would
require some $50,000 worth of equip-
ment and several trained  technicians
and  would take 13  hours  of time to
measure and test the performance of
one car.
  I  am  aware of the fact  that  the
committee report speaks about devel-
opment by the HEW Secretary of a
quick-testing procedure.
  Interestingly enough, I find no ref-
erence whatever  to  this in  the bill.
There is no assurance whatever that
the  HEW  Secretary will  be able to
develop such a quick-testing procedure
—or  when he will be able to do  so.
Many people have been  trying to  de-
velop a. quick, inexpensive testing pro-
cedure—and they have had little suc-
cess  so far.
  The PRESIDING OFFICER.  The
time of the Senator  has  expired.
  Mr. GRIFFIN.  Mr.  President, I
yield myself an additional 2  minutes.
  The PRESIDING OFFICER.  The
Senator  from  Michigan  is recognized
for an additional  2 minutes.
  Mr. GRIFFIN.  Mr. President,  the
goals set forth in this bill are com-
mendable.  There  is no  reason that
we should not  put as  much  pressure
as we can  reasonably place upon  the
automobile industry to meet reason-
able   goals to  control  the  pollution
caused by  automobiles. I am all  for
that.
  I am  very deeply concerned, how-
ever, that  in this particular legisla-
tion, the Senate seems to place itself
in the position  of scientists and auto-
motive  engineers. As  Senators,  we
do not have the expertise that is need-
ed.  And, obviously,  the  committee is
not willing to delegate any authority
to those who do have expertise.
  President  Kennedy  announced  a
goal when he said we would go to  the
moon by a certain date. But no one
suggested a law that would have put
space industries out  of business if we
had  fallen  short  in developing the
needed technology.
  Certainly  some expertise—more ex-
pertise than the junior Senator from
Michigan  has,  should  be  employed
in determining what is feasible and
reasonable in this  field.
  The Senator from Kansas  has of-
fered an amendment, and  I know he
believes it moves  in  the right direc-
tion. Frankly, I think it does  not. He
would provide for a 1-year extension
period dependent upon another vote of
Congress.
  Frankly,  I think one of the prob-
lems with this legislation  right  now
is that—and I say this with  all due
respect  for  my  colleagues and with-
out pointing- the finger at either side
of the aisle—too  many of the deci-
sions with regard to this bill are being
made on a political basis.
  I know it is difficult politically to
vote for any  amendment that would
be  characterized  by  the  press  as
weakening the clean  air bill.  Every-
one is for clean air and against pol-
lution.
  But  without  an  adequate  under-
standing of what  is really involved
in some  respects,  I  am afraid that
some  Senators—and I say this with
all due respect—will be casting votes
on a political basis.
  The  PRESIDING  OFFICER.  The
time of the  Senator has expired.
  Mr.  GRIFFIN.   Mr  President,  I
yield myself 2 additional minutes.
  The  PRESIDING  OFFICER.  The
Senator from  Michigan is  recognized
for 2 additional minutes.
  Mr.  GRIFFIN.  If  these standards
prove  to  be  completely  unrealistic
and  threaten  to  put the automobile
industry  out of  business, the  amend-
ment offered would

                          [p. 33083]
require the  industry to come  back to
Congress  for  what  I fear could be
another political decision. I believe the

-------
1588
LEGAL COMPILATION—Am
decision should be in the hands of an
administrator  who, surrounded  with
experts, can look at facts objectively.
  I believe the amendment offered by
the Senator from Florida is  helpful
and that it would provide a litle more
flexibility.  I  shall vote  for  it,  but,
unfortunately,   I  shall  then  vote
against the amendment offered by the
Senator from Kansas.
  Mr.  DOLE.  Mr. President, will the
Senator yield?
  Mr.  GRIFFIN.  I  believe  we  are
back on  the  amendment now.
  Mr.  DOLE. Mr. President,  I yield
myself 2  minutes. First, I wish  to
inquire of  the time remaining.
  The PRESIDING OFFICER. Thirty
minutes remain  on the amendment.
  Mr. DOLE. How much time remains
on my side?
  The  PRESIDING  OFFICER.  The
Senator has 25  minutes  remaining.
  Mr.  DOLE. Mr. President,  I wish
to say to  the  distinguished  Senator
from  Michigan, first of  all,  that I
commend  him for pointing out and
emphasizing what  a  tremendous  bur-
den we place on the automobile  in-
dustry. I  share the  views expressed
by  the distinguished  Senator from
Michigan.  As he indicated, there is
a tremendous  problem and my point
is we create the problem by fixing a
date for  imposition of certain stand-
ards.
  We should be willing to face up to
that problem  in the future. Congress
should be  willing, at  that time,  to
make a judgment on whether there
should be  an  extension.  We  should
not pass  that judgment on  to  the
courts.
  I have  been doing some checking
to find out how long it  takes for a
case to go from the court of appeals
to the U.S. Supreme  Court. I would
guess  the average  time  would  be
several months  and  perhaps a year
or longer. It occurs to me that if we
are willing in the first instance  to
               impose stringent standards, we should
               not duck the  responsibility when it
               comes to changing those standards. I
               hope the Senate will accept the prin-
               ciple that we  do provide  for an ex-
               tension. My substitute provides for an
               extension. After a  determination by
               the Secretary  of Health,  Education,
               and Welfare, who  has the expertise,
               and in the  event the House and the
               Senate  do  not act,  the  deadline is
               then extended  for not more  than  1
               year. I  am unable to say  what will
               happen in conference. The House bill
               has no such provision.
                 I know the  Senator is aware that
               we  are making an  effort to  be  of
               assistance to him  and others.
                 The PRESIDING OFFICER. Who
               yields time?
                 Mr.  COOPER.  Mr.  President,  I
               yield myself 5 minutes.
                 The  PRESIDING  OFFICER. The
               Senator from Kentucky is recognized
               for 5 minutes.
                 Mr. COOPER. Mr. President, I  un-
               derstand the pending business  is  the
               question of whether  or not the Dole
               amendment  will be  substituted  for
               section 202 (b) 4 in the bill, which was
               a subsection placed in the bill in com-
               mittee by an amendment offered by the
               Senator from Tennessee and me. The
               choice is clear cut.
                 I might say that the  Senate can
               make a choice of the type review it
               wants.  The  original draft  of the  bill
               in committee provided no review of the
               effective  date  to the manufacturer.
               The bill, as we all know, provides
               that by January 1, 1975,  or by  the
               time the 1975  model is ready  to be
               introduced into commerce, the automo-
               bile must be in conformity with stand-
               ards proposed  by the bill to be fixed
               by law. I support that provision.
                 As I  said, under  early  drafts  in
               the committee, if  it  should develop
               that in the intervening time the  au-
               tomobile companies  could prove that
               using  all available technology, and

-------
                STATUTES AND LEGISLATIVE HISTORY
                               1589
proceeding in good  faith, they were
not  able  to  meet  these standards,
they would have no way  to present
it  except that Congress  might act  as
it saw fit.
  I know of no other  pollution con-
trol bill, which does  not  provide for a
review  of administrative decisions. I
think it is  unfair to any group  of
citizens in our country not to provide
for them a method of review, a meth-
od whereby  they  can be dealt with
fairly. That  is  the  principle  of due
process which  is  imbedded,  not only
in  our  Constitution  but  throughout
our legal system. It  is a process pro-
vided by the 14th amendment to the
Constitution.
  The amendment which the Senator
from  Tennessee  (Mr. BAKER) and I
offered, in   Committee,  which  was
adopted by a vote of 10 to 3 in com-
mittee—equally  divided on both sides
of the aisle,  majority and minority—
is  identical with the Dole amendment
in  the first requirement. In both pro-
visions  the  manufacturers, upon ap-
plication to the Secretary, may pre-
sent their case  and  must prove that
they have acted in good  faith and ex-
hausted all reasonable possibilities  to
come  into  conformity  with  the  re-
quired standards.
  Following  the administrative  pro-
ceeding, the  Secretary makes  a deci-
sion  either  granting or denying  an
extension of 1 year. At that point our
amendments  differ.
  The amendment of the Senator from
Kansas provides that the Secretary's
decision granting an extension shall
become  final within  60  days, unless
within that period one House of Con-
gress by  resolution  overturns  that
decision. The amendment which was
adopted in  committee  provides  that
within 30  days of the Secretary's de-
cision the  applicant or other interest-
ed party can appeal to the U.S. Court
of Appeals for the District of  Colum-
bia.  There  is  no further trial, the
action of the court of appeals shall
be taken on  the  record made by  the
Secretary;  and such  record  shall  be
presumed to be correct. Following  the
court  of appeals  decision  the  ap-
plicant, or any other intervenor could
carry the case to the Supreme Court,
if he so  desired.
  It has been said thin is a long pro-
cedure,  but  if it took longer than  1
year  the case would  become  moot.
There is no  remission of  emission
standards  and  requirements during
the period of appeal.
  The PRESIDING OFFICER. The
time of the  Senator has expired.
  Mr. COOPER.  Mr. President,  I
yield myself 2 additional  minutes.
  The PRESIDING OFFICER. The
Senator from  Kentucky is recognized
for 2 additional minutes.
  Mr.  COOPER. Mr.  President,  the
committee will make every provision
to expedite  the matter. I  think it is
eminently fair.
  Under the present law, the law we
are  amending, the  Secretary  is  re-
quired every year to m'ake reports to
Congress and, of course, Congress, at
any time, can take whatever  action
it desires.
  I point out  that  the amendment of
the Senator from Kansas  would pro-
vide 60 days  between the finding of
the Secretary and the  required action
by  Congress.
  Mr. President, when we think of the
year and one-half spent in developing
this bill, I submit  that 60 days per-
mits little if any substantive considera-
tion by Congress. In fact, if one  house
acted quickly, the other house would
be frozen out of  any action.
  I can  think of no instance where
there is  not  provided  to  our citizens
an opportunity to have an administra-
tive decision reviewed by  the courts.
The courts  by design  and  tradition
are insulated  and therefore  are less
subject to pressure and emotion than

-------
1590
LEGAL COMPILATION—AIR
even  Congress.  I think  judicial re-
view is best in this case.
  This  remedy is available  not only
to the manufacturers. The Secretary
could permit other interested parties
to intervene. The Sierra Club, other
conservationists, and Mr.  Nader could
present their case. They, too, could ap-
peal to  the courts if they so  desired.
  I ask the Senate to  return the con-
stitutional method of  due process.  I
think it is fair to all parties concerned
and fair to the Congress.
  Mr.  BAKER.  Mr.  President, will
the Senator yield me  5 minutes?
  Mr. COOPER.  I yield 5 minutes to
the Senator  from Tennessee.
  Mr.  BAKER. Mr. President, I op-
pose the Dole  amendment. I support
the committee version.  I have no great
quarrel with the  Dole proposal. The
Congress is faced with this basic prob-
lem. Do we require in this bill an ac-
complishment for the automobile in-
dustry that we are not certain can be
accomplished, at least  by the time set
forth—1975?  The answer  we  have
made in the bill  we have reported is,
"Yes, we do," and I support that for
the reasons  I  noted  in  my opening
statement.
  The committee has decided that the
automobile  industry  can accomplish
the emissions standards we require in
the bill in the time established. But I
believe,  in  view  of  the  element  of
doubt that still remains, we should re-
quire a realistic escape hatch, so that,
if we  guessed  wrong,  someone  can
administer redress.
  That redress can come from three
sources. It can come from the execu-
tive department;  it  can  come  from
the legislative department;  or it can
come from the judiciary.  That really
is the question that confronts  us on
the Dole amendment. Where  do we put
it?
  There is  a good bit to be said for
               each  case  and a good bit to be  said
               against
                                          [p. 33084]

               each. Of the three propositions, none
               is perfect. I  prefer judicial  review,
               and  I shall elaborate on  that in a
               moment.
                 I gather, from  the remarks  of the
               distinguished  Senator from Michigan,
               that  he  would prefer  that the judg-
               ment or relief be vested in the Execu-
               tive  department,  in  the Secretary. I
               judge, further, that  the only fair in-
               tendment of the proposal of the junior
               Senator  from  Kansas is that it be
               vested in  the legislative department,
               in the form of a plan  similar to  that
               found in the Reorganization Act.
                 The proposal in the bill offered in
               concert by the senior Senator from
               Kentucky  and myself provides for re-
               view  by the judiciary, but on a  very
               limited basis, on the  basis that  the
               relief the  court can  grant is  circum-
               scribed to  one question only: That the
               extension beyond 1975 will be granted
               for 1 year or it will not be granted
               for  1 year; and that the  extension
               can be granted, if it is to be granted,
               only  on   certain  specified  statutory
               grounds.
                 We do  not run the  risk that  the
               court will insert  itself into  policy-
               making  determinations in  this field,
               as it must restrict itself to the basis
               of jurisdiction conferred on it  by the
               statute.
                 What are the relative merits, really,
               of the three contentions? I  believe the
               question before the  country  in 1975,
               if  the automobile industry  has  not
               succeeded  in  producing  a clean  car
               according  to the statutory standards,
               will be essentially a question of fact—-
               that  is, whether the industry applied
               good faith efforts and whether it was
               possible  within  the then state of the
               art to produce a clean car.
                 Questions of  fact, historically  and
               traditionally,  are  best tried, and have

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                STATUTES AND LEGISLATIVE HISTORY
                               1591
always been best tried, except  in cer-
tain specific instances,  by the  judici-
ary. They are  certainly more ame-
nable to being tried in the judiciary
than they are by 535 legislators. The
procedure for determining these issues
is already formalized  and imbedded
in  the  judicial  precedents of  this
country, indeed reduced to writing in
this statute.
  But, not least of all, it occurs to me
that if in  1975 the  automobile  in-
dustry,  for whatever reason, has  not
produced a clean car, the amount and
type of interest  in  the judgment  of
the Secretary, the Congress, and  the
courts  will  be extraordinary  indeed,
because the net effect  of this statute,
Mr. President—and  I  think it is  im-
portant  that   we  realize  it—is   to
simply say, "Produce a clean  car by
1975 or stop producing internal com-
bustion cars."
  If there is to be a  1-year reprieve, I
have an idea that there will be a sub-
stantial interest in the proceedings by
which that is determined. I believe  the
court, in  the  sanctity of its judicial
undertaking, in the calm, cool deliber-
ations  of  its factfinding function, in
its  detachment  from  the immediate
pressures	
  The PRESIDING  OFFICER. The
time of the Senator has expired.
  Mr.  COOPER.   Mr.  President,  I
yield  2 minutes to the Senator from
Tennessee.
  Mr.  BAKER.   Is  best  suited  to
undertake this task,  rather than  535
legislators, 435 of them standing for
election in 12 months and one-third of
the Senate  standing for election  in
1976,  to  say nothing of the pressure,
the heat, and the confrontation of  a
political  campaign for  President  in
1976.  The Congress  is  probably  the
least likely place to have clear, calm
determination  of  that fact  issue.
  Congress  is perfectly within  its
right  to reserve  to itself the deter-
mination of this  issue  of fact,  but  I
believe we are doing ourselves a dis-
service  if  we do  not vest it  in  the
judiciary.
  That  leaves only the other alterna-
tive, then, of  the executive  depart-
ment. I would  have no great quarrel
with  letting  the   Secretary  decide
whether or  not the  automobile  in-
dustry had used good faith and had
made its very  best  effort  to produce
a clean  car by 1975, but this may be
the biggest industrial judgment  that
has been  made  in  the  United  States
in this century. It may have the big-
gest impact on the economy that any
of us have participated in in  recent
years. It is going to be of extraordi-
nary  importance  and  an  extraordi-
narily  emotional situation  if the in-
dustry has not produced a clean car,
according to this formula, by 1975.
  I can  guarantee my colleagues that,
whatever judgment  we make,  which-
ever of the   three  departments  we
elect to  determine whether or not the
industry would have a 1-year reprieve
in the event it had not  produced a
clean car, will not be perfect. I think
we must realize that the best we can
do is the best we can do and that there
will  be  a great deal of criticism of
whatever  judgment  we make, but I
believe the judiciary is the one  best
equipped, best suited, and best able to
make this determination.
  Mr.  MUSKIE.  Mr. President, I
wonder  if  the  Senator from  Kansas
wanted  to  ask for the yeas and nays
on his amendment,
  Mr. DOLE. Mr. President, I ask for
the yeas and  nays on my  amendment.
  The yeas and nays were ordered.
  Mr. SPONG. Mr. President, will the
Senator from Kentucky  yield me 2
minutes?
  Mr.  COOPER.  Mr. President, I
yield  the   Senator  from  Virginia 3
minutes, and  more if he needs  it.
  Mr. SPONG. I thank the Senator.
  Mr. President, the question on  the
Dole amendment is the determination

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1592
LEGAL COMPILATION—AIR
by the Senate of the best method by
which  the Secretary's  decision  con-
cerning the capability and technology
available for the automobile industry
to meet what this bill requires of it by
January 1, 1975, can best be judged
to be correct.
  I want to concur in the statements
already made that,  as  between Con-
gress deciding within a 60-day period
whether the  Secretary  has  been  cor-
rect  in  his judgment, and a court of
law  deciding it, having the  right of
subpena, the right of  discovery, the
right of calling expert witnesses, and
making a judgment, we would be serv-
ing the public interest if we  placed
this issue where it would be subject to
judicial review rather than our own.
  For that reason, I oppose the Dole
amendment and support the  amend-
ment offered  in  the committee  by
Senators COOPER and BAKER.
  Mr. GRIFFIN,  Mr. President, will
the Senator yield?
  Mr. SPONG. I yield.
  Mr.  GRIFFIN.  I associate myself
with the Senator's line of reasoning. I
personally  would prefer an  adminis-
trative  decision. I think it  would be
better placed there.  But I  can  see
there would be very little chance that
this body would accept that  change.
  But as to a choice between a judicial
decision and what  I regret to say, un-
fortunately, might be a political  de-
cision  in  Congress, I  think the  in-
dustry and the public would be better
served by a judicial decision.
  Mr.  SPONG.  I  thank the Senator
from Michigan.
  The PRESIDING OFFICER. Who
yields time?
  Mr.  DOLE. Mr. President, I yield
myself 2 minutes.
  It is important that we review how
these different procedures might ap-
ply.  As the  Senator from  Kentucky
pointed out earlier, the Dole amend-
ment and the language now in the bill
are  very  much alike  in the  initial
               stages. The  first possible time that a
               petition could be filed with the Secre-
               tary would  be  September 1, 1972,  if
               we  take  the model year, or January
               1, 1973, if we go on  a calendar date
               basis. Then  we allow the Secretary 6
               months to make a recommendation.
                 If we take the first date, the peti-
               tion being filed on September 1, 1972,
               then he  would have  until  March  1,
               1973.  If we take a calendar date, he
               would have  until July  1,  1973.  Then
               after  that  finding,   if we  use the
               judicial review  approach,  he  would
               have 30 days in which to file a petition
               with the  U.S. Court of Appeals in the
               District  of  Columbia. That  would
               either be April of 1973 or  August of
               1973. I have been trying to determine
               just how long it might take for this
               case to be heard by the court of ap-
               peals. I  have  been informed that  it
               might be as short as 3 or 4 months,
               but  possibly it might extend  to  6
               months, 8 months, or even  a year.
                 Then, of  course, there is the right
               of appeal to the U.S. Supreme Court.
               The point I wish  to  make is that  it
               would  probably  be a  moot question,
               because it would never  be determined
               by  the Court by  the time the 1975
               model year was  on the  market.
                 I  might ask the Senator  from Ken-
               tucky a question at this point: In the
               event the Court has not made a final
               determination, and January 1,  1975,
               was rolling  around, or the 1975 model
               was available,  and  the matter was
               still in court, what would be the effect
               of the judicial review section? Would
               the  standards apply, or would they be
               held in abeyance while the Court made
               the determination?
                 Mr. COOPER. Mr.  President, I dis-
               cussed this  in the short statement I
               made.
                 I point out, first, that even though
               application  is made,  there  is no re-
               laxation  or  postponement of the ap-
               plication  of emission  requirements.
               Automobile  companies must continue

-------
                STATUTES AND LEGISLATIVE HISTORY
                               1593
to come  into conformity, and if they
have  not reached conformity on the
effective  date, the burden would  fall
on them.
  The Senator asks me what would
hap-
                          [p. 33085]

pen  if  the  court  had  not passed
upon it at that time. We discussed this
in the committee. The Senator from
Virginia  and I discussed it, and the
Senator  from Maine asked questions
about it.
  It was  our judgment, first, that Con-
gress can limit the  courts in respect
to the remedy they can  grant and
this the committee has done by  limit-
ing jurisdiction to a  1-year extension.
Our  judgment  was  that  if  it  took
more  than 1 year to reach a decision,
the case was moot, and the automobile
companies  would have to come into
conformity or  seek  a  remedy  from
Congress. On the other hand, I want
to be straightforward  and honest
about  it:  I cannot  determine  nor
direct how or when a court might de-
termine the question of due process,
and I  do not believe  anyone can do
that.  The provision  does provide for
an expedited procedure  and  I expect
the court would make every  effort to
handle such a matter with dispatch.
  I must say  again, however, that  I
do  not  believe  that  the  Senator's
amendment provides due process. Al-
though there is authority to the con-
trary,  I  still believe that  even  if no
review is provided  in this measure,
an  interested person  could  go  into
court and  say, "I have been denied
constitutional  due process,"  and my
judgment  is that  the  court  would
grant some review. Thus  the Senator's
provision may still give rise to judicial
review, without,  however, the direc-
tions  contained in the committee bill.
  The committee  bill places very con-
crete limits upon judicial review and  I
think it is as precise in its limits as
any  method of review can be.
  Mr.  DOLE. I say with all  due re-
spect  to  the  distinguished   Senator
from Kentucky that this does appear
to be a weakness in the judicial re-
view section.  There  has been  much
stress on the point that time is of the
essence, and we must  make  a  final
determination at the earliest possible
time, unless we want to penalize un-
fairly  a great industry  in America.
  Under  the  so-called  Dole  amend-
ment, we have the same effective date,
but  then,  after the  Secretary makes
his decision, he has 6 months. He would
make that decision either on March 1,
1973, or July 1, 1973, again depending
on whether he  used  the  model  year
to determine the date or the calendar
year. Then  the  Congress  would have
to act within 60 days. So we would be
certain that  the  decision made  by
one House of Congress or the decision
made by the Secretary would be final
not later than September 1, 1973, and
perhaps as early as May 1, 1973.
  I say again that perhaps the under-
lying weakness of judicial review, in
this  particular  instance,  is the fact
that  there might not be a decision  by
January 1,  1975, or by the time the
1975 model  was on the market and
we would  then do a disservice to an
important industry.
  But if we make the judgment in the
first  instance, as we  are about  to  do
today,   despite   political  pressures,
political pressures  which are  surely
greater now than they will be in 1975,
because hopefully there will be  prog-
ress  and  less  pollution then,  I  am
convinced  that the political pressures
will be something we can withstand.
  If  Congress is willing  to  impose
stringent  standards today, then  Con-
gress should be willing to face up to
that  judgment 2 years  from now.  If
we were wrong, the extension should
be granted;  and if we were right, the
extension  should not be granted. Of

-------
1594
LEGAL  COMPILATION—AIR
course, if we are totally wrong or far
off base, then perhaps the entire law
would need to be revised. But it occurs
to me that  if  we  are  willing,  in
September of  1970, to state  that  5
years from now we are going to meet
certain standards, then the same body,
the same Congress, should say 2 years
hence that we were right or we were
wrong. We should make the final judg-
ment; we should not  pass it off onto
some   court  because  of  imagined
political pressures in  Congress.
  Mr.  President, I  reserve the re-
mainder of my time.
  Mr. GURNET. Mr. President, I ask
unanimous  consent that  my amend-
ment to the pending Dole amendment
be considered  at this time.
  The  PRESIDING   OFFICER.  Is
there  objection?
  Mr.  MUSKIE.  Mr. President, re-
serving the right to object, would the
effect of the  unanimous-consent re-
quest,  if agreed to, be to  terminate
the time otherwise still available on
the Dole amendment?
  The PRESIDING OFFICER. No. It
would allow the Gurney amendment to
be called up at this time.
  Mr. MUSKIE. Would the effect be
to add the time on the Gurney amend-
ment  to the time still remaining on
the Dole amendment?
  The  PRESIDING   OFFICER.  It
would add 15 minutes to a  side.
  Mr. MUSKIE. I have no objection.
  The  PRESIDING   OFFICER.  Is
there  objection?
  Several   Senators   addressed  the
Chair.
  Mr. RANDOLPH. Mr. President,  I
would  like the Chair to  clarify one
thing.  He  may already  have  done
that, but	
  The  PRESIDING OFFICER. Who
yields time?
  Mr.  DOLE.  Mr.  President,  reserv-
ing the right  to object	
  The  PRESIDING OFFICER. Who
yields time?
                Mr.  DOLE. I yield the Senator 1
              minute.
                Mr.  MUSKIE.  Mr.  President,  I
              yield the Senator from West Virginia
              a  minute on the  bill,  or  whatever
              time the Senator may require.
                Mr.  RANDOLPH. I would simply
              like a clarification from the Presiding
              Officer that  perhaps has been given,
              but I could  not  hear it.
                I first inquire, if this is  not per-
              mitted as requested by the junior Sen-
              ator from Florida, what time now re-
              mains  on the Dole amendment?
                The  PRESIDING  OFFICER.  One
              minute to the Senator from Kansas, 8
              minutes to  the  Senator from  Ken-
              tucky.
                Mr.  DOLE. Mr. President, reserv-
              ing the right to object,  a parliamen-
              tary inquiry.
                The  PRESIDING  OFFICER.  The
              Senator will state it.
                Mr.  DOLE.  In  either event, the
              first vote would come upon the Gurney
              amendment;  is that correct?
                The  PRESIDING  OFFICER.  The
              Senator is correct.
                Mr.  BAKER. Mr. President, a par-
              liamentary inquiry.
                The  PRESIDING OFFICER. Who
              yields  time?
                Mr.  BOGGS. I yield the Senator 1
              minute on the bill.
                Mr.  BAKER.  Will the Chair  in-
              form the  Senator from  Tennessee  if
              he is correct in his understanding that
              the Gurney amendment would be sub-
              ject to   the limitation  previously
              agreed upon?
                The  PRESIDING OFFICER. There
              would be a limitation of one-half hour,
              15 minutes to the side.
                Mr.  BAKER. I thank the Chair.
                The  PRESIDING  OFFICER.  Is
              there objection to the request of the
              Senator  from  Florida?  The Chair
              hears none, and  it is so ordered. The
              amendment will  be stated.

-------
                STATUTES AND  LEGISLATIVE HISTORY
                               1595
           AMENDMENT NO. 928

  The legislative clerk read the amendment, as
follows:
  On page  1,  beginning  on line 1,  strike
"Within  twenty-four months but no  later
than twelve months".
  On page  1, line 2, capitalize the word "be-
fore".
  On page  1, line 4, after  the word "applica-
tion" insert the following:  "in a timely man-
ner to be determined by the Secretary".

   Mr. GURNEY. Mr.  President, I ask
for the yeas and nays on the amend-
ment.
   The yeas and nays were ordered.
   Mr.  GURNEY. Mr. President,  this
amendment would change   the  time
provisions in the  Dole amendment in
which  application for relief may be
sought under the Dole  amendment. We
have been talking in the last 15 or 20
minutes, on the argument of both the
Dole  amendment and the  provision
now in  the bill about  the judicial  re-
view, about  the importance of time.
Time is important in this  provision,
because there  has to  be a  very con-
siderable  lead time for the automobile
manufacturers to jell  their model, the
elements  that  go into the  model as
well as the  antipollution device,  and
order tools to  manufacture  the  anti-
pollution  device; and  I  am  informed
that it means a very considerable body
change.  So  there will  have to  be
many  tools  besides the  ones  needed
to manufacture  the antipollution  de-
vice. All this requires  time.
   This  is  a  tough bill. We  all admit
that it  is  so. That is  the reason why
we have  in the  bill  at this time a
review  method, so that relief can be
obtained from  this bill for at least 1
year,   under   the  judicial  review
measure.   That  is why  the Senator
from Kansas (Mr. DOLE)  has offered
his  differing  amendment for relief,
also,  because  no one  is sure in the
automobile industry,  in  the  Public
Works  Committee which  heard  this
matter, or in the Secretary of Health,
Education,  and   Welfare's   shop
whether  the  automobile industry can
meet  this January 1, 1975,  deadline.
Everyone says that  right now  it is
not within the state of  the art, al-
though  we will hope that  it  can be
met by January 1, 1975. The point is
that if it cannot,  then  we must have
relief  for  this  great  industry  in
America
                          [p. 33086]

that  employs  so   many  people  and
means so much to the prosperity of
the country.
  I have heard all kinds of differing
people on what kind of  leadtime is re-
quired by  the  automobile  industry.
Some say 3 years; some say three and
a  half  years. The  shortest I  have
heard is 2 years.
  The Dole amendment provides that
the automobile industry cannot make
application to the  Secretary until 24
months  prior to the  effective date of
January 1,  1975.  Then we  add  6
months  that  the Secretary has within
which to make his  determination, and
add 2 months more within which Con-
gress has  to either agree  with the
Secretary or not agree with the Secre-
tary,  and we have shortened the 24
months  to  8 months less. I  have not
heard any  statement  from  anybody
that  says  that  is  enough  leadtime
within which the automobile industry
can  tool  up  and  produce  the 1975
models requiring this antipollution de-
vice.
  All my amendment does  is to take
out this  24-month  period and  the 12-
month period, and it puts in there this
language: "in a timely manner to be
determined by the Secretary."
  In  other words, the Secretary, him-
self may determine what is timely on
the part  of  the  automobile industry
within which to make application for
relief under  this bill. No one is better
prepared to  make  that determination
than  the Secretary. He  has the ex-
perts within his  shop who  have been

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1596
LEGAL COMPILATION—AIR
dealing with the  matter of air pol-
lution  for  a matter  of  years.  As a
matter of  fact, I am informed that
they continually check closely with the
automobile industry in Detroit, finding
out what is going on within the ex-
perimental stages  now, within the re-
search and development  on this anti-
pollution device; and the Secretary,
indeed, would   know when  it  was
timely for  the  automobile industry to
make an application.
  I know that arguments will be made
that the  automobile industry is  going
to appear before the  Secretary within
a day  or two after this  bill is passed
if we  put  in "in  a  timely manner."
The other argument,  on  the other end
of the  pole, is that they will wait until
the last minute. I do not believe that
they have that  bad faith, but I  think
something else  will compel them to do
otherwise.  Obviously, the  automobile
industry is not going  to go to  the
Secretary within  a day or two or a
week or  two or a  month or two after
this bill becomes  law,  because  they
want the best  case they can get, too.
  The best case they can get is to wait
as long as they can,  showing the re-
sults of their  research  and develop-
ment.  On the  other  end of  the pole,
they are not going to wait  until the
last minute, either, because they can-
not  do that. They have to jell their
model; they have to order their  tools;
they have to be in a condition to get
in their  1975 models.
   So it  seems  to  me that  the only
sensible way to handle this matter is
to leave  it up to the  Secretary  to de-
termine, when  the application  comes
to him, and in  a timely fashion. Then
I think we will have a sensible ap-
proach to this matter  and a  relief
method that will  work.
   I reserve the remainder of my time.
   Mr. MUSKIE. Mr. President,  I will
not take too much time, but I should
like to make some points that I think
are relevant to the amendment.
                 First of  all,  the provision  in  the
               bill was written  after  consideration
               by the committee,  without  dissent in
               committee. The purpose  of the pro-
               vision  is  this:  We wanted the pro-
               vision for appeal to be made available
               late enough in the 5-year time frame
               so that the industry would  make,  and
               be forced to make, a good faith effort
               toward achieving the objectives of the
               bill before resorting to the  courts. At
               the same time, we wanted  to provide
               that there would be sufficient time to
               resolve the  appeal and to get a deci-
               sion so that the industry could then
               respond to that decision in its produc-
               tion schedules.
                 So  the  committee  carefully,  and
               after considerable deliberation, agreed
               on  the  12-  to 24-month  formula. In
               other words, the  appeal  must be in-
               itiated and completed within calendar
               year 1973.
                 The  question that the  Senator from
               Florida raises and is concerned about
               is whether there would then be time to
               put production  models into the proc-
               ess. Let me  cite the record.
                 The   California  standards   which,
               were the first standards applying to
               automobiles,  were adopted by Cali-
               fornia in May of 1964.  The industry
               managed to  incorporate  them in  the
               1966 model cars, which  were in  the
               showrooms in the fall of 1965. In other
               words, a little more than a  year after
               California   imposed  the  standards,
               California  automobiles   were  being
               manufactured   in  accordance  with
               those standards.
                 With respect  to  Congress, Congress
               enacted the current law  in  the fall of
               1965,  applicable to the 1968  model
               cars, which were available  in the fall
               of  1967.  So  that  2  years after  the
               authority was given to the Secretary,
               and less than 2 years after the  Secre-
               tary actually imposed the  standards,
               the industry was  producing cars  that
               conformed to the standards.
                 Here is another piece  of testimony

-------
                STATUTES AND LEGISLATIVE  HISTORY
                               1597
that  is  revealing.  It  was by  Vice
President  Ackerman,   of  Chrysler
Corp., in 1959,  long before pollution
control  standards were involved.  At
that  time, without  the  pressure of
deadlines, he said this:
  Once these hurdles  are over—

  He was talking about the hardware
being available—
  Once these hurdles are over, we have said
that  we believe this thing could be  available
within a >ear.

  So there is time to respond to the
results of the review process, whether
it is  the review  process  incorporated
in  the  bill,  the  so-called  Cooper
amendment, or the review process pro-
posed by the Senator from Kansas
(Mr. DOLE).
  For that  reason,  Mr.  President, I
oppose the amendment and urge the
Senate to vote against it.
  I am prepared to yield back the re-
mainder  of my time.
  The PRESIDING OFFICER.  Does
the  Senator from Florida  yield  back
the remainder of his time?
  Mr. GRIFFIN. Mr. President, would
the Senator from  Florida yield to me,
briefly?
  Mr. GURNEY.  I yield 5 minutes to
the  Senator from Michigan.
  Mr. GRIFFIN. Mr. President, I rise
to indicate my strong support for the
amendment  offered  by the  Senator
from Florida. He points  out that the
lead time required by the industry is
all-important to  the applicability of
this  particular legislative measure.
  Yesterday, the  distinguished  Sena-
tor  from Maine, in discussing  this
measure, referred to testimony  back
in 1967  by Mr.  Mann  of the auto-
mobile   association.   He  cited   Mr.
Mann's   testimony as  evidence  that
only  2  years was actually required
to put such a change into effect, as I
recall the statement.
  Mr. MUSKIE.  If the Senator  will
yield  there, simply to clarify my use
of the testimony, it was  to indicate
that by the testimony of the industry
itself,  not  more  than  2  years was
necessary.  There is  evidence, which I
have  already placed  in the RECORD
today, indicating less than that time
is sufficient.
  Mr. GRIFFIN. I want to read from
Mr. Mann's testimony. It  appears on
page 402 of the hearings of 1967. He
says:
  Normally what I  have referred to in  the
preceding paragraph takes approximately two
years,  in addition to the time needed for re-
search, design, and development  stages.

  On yesterday,  in  a colloquy with
the Senator from Maine, I  said that it
could take as much as  43 months
from  the drawing board  stage until
automobiles actually  come off the as-
sembly  line—that much time  to in-
corporate  such  technology—if and
when it  is  available.  At the present
time,  it is  not available.
  So, I  wish to  emphasize that the 2
years referred to yesterday is  in ad-
dition to such time as would be needed
for research, design, and development.
  The Senator from  Florida, I  think,
moves in  the right  direction by pro-
viding some measure of flexibility. He
makes the case, very wisely, that there
would be no reason or motive for the
industry to rush in without a case, so
that they would not go in prematurely
in any event. But they would like the
opportunity to go in as early as the
case is  available  to  make sure that
this  legislation   will  not  absolutely
close the automobile  industry down—
and that could happen if we put them
in  a  completely  unrealistic   strait-
jacket.
  Accordingly, I hope very much that
the amendment  of the Senator from
Florida will be agreed to.
  Mr. GURNEY.  Mr. President, how
much time do I have remaining?
  The PRESIDING  OFFICER (Mr.
       526-703 O - 73 - 28

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1598
LEGAL COMPILATION—AIR
PACKWOOD). Seven minutes remain to
the Senator from Florida.
  Mr.  GURNEY.  I  shall not take all
7 minutes but I would like to reply to
the Senator from Maine in his argu-
ments  against  the amendment.
  I could detect only two arguments
against it. One has to do with the fact
that California standards as  applied
to aid  emissions and requiring pollu-
tion devices in  California a few years
ago did not need  the amount of time
that I  am talking about. I do  not see
that this is an analogous situation at
all. What  was  done in California a
few years ago is
                          [p. 33087]

nothing  so  drastic  as what we  are
proposing to do here.  We go way be-
yond the California standards.
  What I am saying is that perhaps
California  standards could be  met in
the 2-year  leadtime, but now we have
a completely changed  situation.
  Mr.  MUSKIE. If the  Senator from
Florida would yield on that point, the
attitude  of  the  industry prior to the
time it was required to conform to
the California standards was the same
as  it  is in this  case.  They  said  it
could not be done. But, it was  done.
  Mr.   GURNEY.  Then   I   might
further  treat  with the  other argu-
ment  made by  the  Senator from
Maine, which  seems to me to be even
more untenable. I, too, read  the testi-
mony  he read  to  the  Senate a short
time ago,  the  testimony by the  vice
president of General Motors Corp. in
1959. That was 11 years ago. We have
proceeded  11  years beyond  1959 in
this pollution business.
  We  have here now a bill that is as
different from  the  situation he  was
talking about  in  1959 as the North
Pole is  from  the South  Pole. They
could  not be  further apart. Thus, I
do not think the  arguments made by
the Senator from  Maine are viable
in either case.
                  Finally, in closing and wrapping up
               the arguments on behalf of my amend-
               ment,  I  do  not disagree  with the
               Dole amendment. I  am  supporting  it.
               It is a good one. But I  also think,  as
               the  Senator   from  Michigan  (Mr.
               GRIFFIN) just pointed out, that if we
               put  in  the  arbitrary  dates  of   24
               months  before  this that the  auto-
               mobile industry must apply, it cannot
               apply  any  later than 12  months  be-
               fore that date, we do,  indeed, put
               them in  a strait jacket.
                  The facts  and circumstances are,
               when we all admit,  in the committee,
               in  the  industry, and  the  people  in
               Government who are experts in this
               business, that we do not even know
               whether they can be met, the industry
               itself  says  it does not have the tech-
               nology to do  it, although it hopes  to
               be able  to meet it.  Under these facts
               and circumstances, we look ridiculous
               in the Senate not to give the Secre-
               tary of  Health, Education, and Wel-
               fare a little leeway as to when he will
               receive this application  for relief.
                  All  I  say  is  that my  amendment
               makes more viable, more sensible, and
               more reasonable when this application
               may be  presented to the Secretary of
               Health,  Education,  and Welfare.
                  Mr.  President, I yield back the re-
               mainder of my time.
                  Mr.  MUSKIE.  Mr.  President,  I
               should like to read  one quotation  to
               the Senate from a letter by President
               Cole of  General Motors, dated  Janu-
               ary 31,  1969, which reads:

                 It is  apparent that it is technically feasible
               to achieve very low pollution levels with  in-
               ternal  combustion engines—levels at least as
               low as  known ambient air auality needs. More
               importantly,  of  the various approaches  to
               controlling vehicular pollution,  the  gasoline
               engine  seems to offer a better cost-benefit  re-
               lationship  than  the unconventional  power-
               plants in  the lower right-hand corner of these
               charts.

                  May I also  read from the hearings
               of 1967.  This is testimony  by an in-
               dustry spokesman:

-------
                STATUTES  AND LEGISLATIVE  HISTORY
                              1599
  Since the late 1940'a, General Motors engi-
neers and scientists have been doing basic re-
search on emissions and developing the results
of these into practical hardware. Between
now and 1980, we sincerely believe that cur-
rent  research and engineering  development
programs on our current gasoline engines will
result  in continued progress  toward solution
of this important  problem.

  Later in the testimony, there was
the  same  pessimism  about meeting
deadlines  that  the  Senator has  ex-
pressed.
  Since the late 1940's, a quarter of a
century ago, the industry has been oc-
cupied with this  problem by its own
statements. It  has  been  developing
technology. Every time it is pressed
to apply the technology, it pleads for
time. It says it is not possible. It said
this  to California in 1964. It said this
to us in the  hearings  in 1964 and in
1P65. It says it again now.
  What we need in this 5-year period
is a  period not  only  for  production
line  work  but also time for develop-
ment of the concepts which have been
on the drawing boards all these years.
Because  that is  time the  committee
does not want to reduce, that is why
we fix a  time when the appeal time
starts. It  is as  simple  as that.
  Mr. GURNEY. Let  me  point  out
that the Senator and I do not disagree
on the applicable time	
  The PRESIDING OFFICER. The
Chair would  advise the Senator from
Florida that he yielded back his time.
  Mr. MUSKIE. I yield 1  minute to
the Senator from Florida.
  The PRESIDING  OFFICER. The
Senator  from  Florida is   recognized
for 1 minute.
  Mr. GURNEY. I thank the Senator
from Maine.
  We do  not disagree on that at all.
My amendment, of course,  in no way
weakens the  applicable standard date,
which is January 1, 1975.
  It  simply  revises the method and
the time by which  the automobile in-
dustry could make application to the
Secretary, which I think is reasonable.
  Mr.  MUSKIE.  Mr.  President,  I
yield back the remainder of my time.
  The  PRESIDING  OFFICER. All
time having expired, the question  is
on agreeing to  the amendment of the
Senator from  Florida to the  amend-
ment  of the Senator from Kansas.
On  this question the yeas  and nays
have been ordered, and the  clerk will
call the roll.
  The  result was  announced—years
22,  nays 57, as follows:
    *****
  So Mr. GURNEY'S amendment to Mr.
DOLE'S amendment (No. 958) was re-
jected.
    *****
  Mr. RANDOLPH.  Mr. President, by
a vote of more than 2 to 1 we have de-
feated the Gurney amendment and we
now are approaching the vote  on the

                          [p.  33088]
Dole amendment. I  think  the core
of the  problem as  presented  in the
Committee  on   Public Works,  and
again as we have considered the mat-
ter in the Senate this afternoon, is, in
effect, whether  we are for or against
judicial review which is embodied  in
the amendment offered by the  Senator
from Kentucky and  the Senator from
Tennessee in the Committee on Public
Works.
  The   amendment  of the Senator
from  Kansas  was  defeated in com-
mittee.  The chairman of the Subcom-
mittee on Air and Water Pollution has
indicated that the vote was  close. The
vote was 8 to 6.
  I think  it is  important, however, to
realize  that the vote  in   the Com-
mittee on Public Works on the Cooper-
Baker  amendment  was  10 to  3  for
that amendment.
  Mr,   President,  I  supported  the
amendment of Senators COOPER and
BAKER in the committee. I  did  so be-
cause I thought  it was important to
have  judicial  review. I   feel very

-------
1600
LEGAL  COMPILATION—AIR
strongly today, as I did then, that the
bill, before the Senate, should include
the Cooper-Baker language.
  The basic reasons supporting such
review have certainly been amply set
forth during the consideration of this
measure by other speakers, including
Senators COOPER, BAKER, and SPONG.
  Mr. President, in my opinion, judi-
cial review is  superior to the pending
proposal  of the  junior Senator from
Kansas  (Mr. DOLE). It is superior be-
cause judges,  I feel, will be less sub-
ject  to the pressures and  cross cur-
rents of  opinions  expressed outside
the courtroom.
  Furthermore,  it  is axiomatic that
the Congress  can act on the law, can
amend it, at any time it believes cir-
cumstances necessitate such action.
  If we  abolish court review by de-
feating the Cooper-Baker  amendment
and  approve  the  Dole  amendment,
then our  only recourse would  be to
the  Congress.  If   we  sustain  the
principle   of  court  review  in  the
Cooper-Baker  amendment,  Congress
can still act whenever conditions seem
to require it.
  The PRESIDING  OFFICER.  The
time of the Senator has expired.
  Mr.  MUSKIE.  Mr.  President, is>
there any time left?
  The PRESIDING  OFFICER.  The
Senator  from Kansas has 1 minute,
the  Senator   from  Kentucky  has  3
minutes.
  Mr.  DOLE. Mr. President,  may I
have 30 seconds?
  Mr.  MUSKIE. Mr. President, since
there  are Senators  present on the
floor who were  not here earlier.  I
would simply  like to say  that  I  sup-
ported the Dole amendment in com-
mittee. I  support it here,  for the fol-
lowing  reasons: First,  if this  bill  is
enacted into law, it is a congressional
decision  which  ought to  be  modified
only by  Congress.  Second, the  Secre-
tary would continue to have the staff
and know-how necessary to do the job
               better than the courts. His recommen-
               dation would come to Congress.  Con-
               gress would have to  act affirmatively
               to affirm his recommendation.
                 Mr. DOLE. Mr. President, I  yield
               myself  30  seconds  to say  the  only
               difference  between the Baker-Cooper
               amendment and my amendment  is as
               to whether the court or Congress  shall
               determine  the  matter. If  Congress
               imposes  the standards,   we  should
               make the judgment 2 years hence.
                 Mr.  COOPER.  Mr.  President,  I
               yield myself 1 minute to clarify  a
               statement previously  made. The Secre-
               tary, in each case, will  first  review
               all the evidence, with all  its technical
               staff. This  would  be  the record avail-
               able in either case.
                 It should be noted also  that the
               Baker-Cooper amendment was adopted
               in  committee by  a   10-to-3 vote.  I
               would  like to repeat  that  this  pro-
               vision will give the due process which
               I believe Congress wants to give to all
               its citizens.
                 The  PRESIDING  OFFICER.  Do
               Senators yield back their  time?
                 Mr. COOPER. I yield back my  time.
                 Mr. DOLE. I yield back my time.
                 The  PRESIDING  OFFICER. All
               time on the  amendment  having  been
               yielded  back, the question  is on agree-
               ing to  the amendment of  the Senator
               from  Kansas. On this question the
               yeas and nays have been  ordered, and
               the clerk will call the roll.
                 The result was announced—yeas 32,
                nays 43, as follows:
                    *     *     *     *      *
                 So Mr. DOLE'S amendment was re-
                jected.
                 Mr.  COOPER.   Mr.  President, I
                move to reconsider the vote by which
                the amendment was rejected.
                 Mr.  RANDOLPH.  I  move to  lay
                that motion on the table.
                 The motion to lay on the table was
                agreed to.

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                   STATUTES AND LEGISLATIVE  HISTORY
                                     1601
          AMENDMENT  NO. 927

   Mr.  MANSFIELD. Mr.  President,
in behalf of  the  Senator from Wash-
ington  (Mr.  MAGNUSON),  I  send  to
the  desk an  amendment and  ask for
its immediate  consideration.
   The  PRESIDING  OFFICER.  The
amendment  will be stated.
   The  assistant legislative  clerk pro-
ceeded to read the  amendment.
   Mr.  MANSFIELD. Mr. President, I
ask  unanimous  consent  that  further
reading  of   the  amendment   be  dis-
pensed with.
   The  PRESIDING OFFICER. With-
out objection, it is  so ordered.
   The  amendment  (No.  927)  is  as
follows:

            AMENDMENT  No.  927

   On page 79, beginning with  line 6, strike
out  all  through  line  16  and  insert  in  lieu
thereof the following:
   SEC. 213. (a)  For the purpose of this  sec-
tion—
   (1) "Board" means  the Low-Emission Ve-
hicle Certification Board;
   (2) "Federal Government" includes the leg-
islative, executive, and  judicial branches of  the
Government of  the United  States,  and  the
government of the District of Columbia;
   (3) "motor vehicle"  means any vehicle, self-
propelled  by mechanical  or  electrical power,
designed for use in  the United  States on  the
highways  except  any vehicle designed  or used
for military field training, combat,  or tactical
purposes;
   (4) "low-emission vehicle"  means any motor
vehicle  which produces significantly

                                [p. 33089]
less  pollution   than the  class  or  model   of
vehicle  for  which the  Board may  certify it
as a  suitable substitute; and
   (5) "retail price" means  (a)  the  maximum
statutory  price  applicable  to  any  class   or
model of  motor  vehicle; or  (b)  in any case
where there is  no applicable maximum stat-
utory price,  the most recent procurement price
paid  for any class or  model  of  motor vehicle.
   (b)  (1) There is established  a  Low-Emis-
sion  Vehicle Certification Board to  be com-
posed of  the  Secretary  or his  designee,  the
Secretary of Transportation or  his  designee,
the Chairman of  the Council on Environmental
Quality or his designee,  the  Director of  the
National  Highway Safety Bureau in  the  De-
partment  of Transportation, the Administrator
of  General  Services,  and  two  members  ap-
pointed by the President. The President shall
designate  one  member of the Board as  Chair-
man.
  (2) Any member of the Board not employed
by  the  United States may receive  compensa-
tion at the rate of $125 for each  day such
member is engaged upon work of the  Board.
Each member  of  the  Board shall  be reim-
bursed for travel expenses, including per diem
in  lieu  of subsistence as  authorized by  law
(6  U.S.C. 6703)  for  persons in  the Govern-
ment service employed intermittently.
  (3)  (A)  The Chairman, with the  concur-
rence of the members of the Board, may em-
ploy and  fix  the compensation of  such addi-
tional personnel as may be necessary to carry
out the functions  of the Board, but  no indi-
vidual so appointed shall receive  compensa-
tion  in  excess of the  rate authorized for
GS-18 by  section 6332 of title 5,  United States
Code.
  (B) The Chairman may  fix the  time  and
place of such  meetings  as  may be required.
  (C) The Board  is granted all other powers
necessary for  meeting its  responsibilities un-
der  this section.
  (c) The Secretary  shall  determine  which
models  or classes  of motor  vehicles  qualify
as  low-emission vehicles  in  accordance with
the provisions  of this section.
  (d)  (1) The  Board  shall  certify  any class
or model of motor vehicles—
  (A) for which   a  certification  application
has  been  filed in  accordance  with  paragraph
(3) of this subsection;
  (B) which is a low-emission vehicle  as de-
termined by the Secretary; and
  (C) which  it determines is suitable for use
as  a substitute for a class  or  model  of ve-
hicles at  that time in use by agencies  of the
Federal Government,

The Board shall specify with particularity the
class  or model of  vehicles for which the class
or  model  of vehicles described in the applica-
tion is a suitable  substitute. In making the
determination  under this subsection the Board
shall consider the following criteria:
  (i) the safety of the vehicle;
  (ii)  its performance characteristics;
  (iii) its reliability potential;
  (iv) its serviceability;
  (v) its fuel  availability;
  (vi) its noise level; and
  (vii)  its  maintenance  costs  as  compared
with  the  class or  model of motor vehicle for
which it may  be a suitable substitute.
  (2)  Certification under  this  section shall
be  effective for a period of one year from the
date of  issuance.
  (3)  (A) Any party seeking to have a class
or  model of  vehicle certified under this sec-
tion  shall file a  certification  application In

-------
1602
LEGAL  COMPILATION—Am
accordance with rules established by the Board
and published  in  the  Federal Register.
   (B) The  Board  shall publish a notice  of
each  application received in the Federal  Reg-
ister.
   (C) The Secretary and the Board shall make
determinations  for the  purpose of this sec-
tion in accordance  with procedures established
by the Secretary and  the  Board, respectively,
and published in the Federal Register.
   (D) The Secretary and the Board shall con-
duct  whatever  investigation is  necessary, in-
cluding actual  inspection of  the vehicle  at  a
place  designated  in the certification  applica-
tion rules established under this  section.
   (E) The Secretary  and  the Board shall re-
ceive and evaluate  written comments and doc-
uments from interested parties  in  support of,
or in opposition  to, certification of the  class
or model of vehicle under  consideration.
   (F) Within  ninety days after  the receipt of
a properly  filed  certification application, the
Secretary shall determine  -whether  such  class
or model  of  vehicle is  a low-emission vehicle,
and within onp hundred and eighty  days  of
such   determination,  the  Board shall  reach
a  decision by  majority  vote as  to  whether
such  class or  model of vehicle, having  been
determined  to  be  a  low-emission   vehicle,   is
a suitable substitute for any class or classes
of vehicles presently being  purchased by the
Federal Government for use by  its agencies.
   (G) Immediately upon   making  any  such
determination  or  decision,  the  Secretary and
the Board shall  each publish in the Federal
Register notice of such determination or de-
cision, including reasons therefor  and in the
case  of the Board  any dissenting views.
   (e) (1) Certified low-emission vehicles shall
be acquired by purchase by  the Federal Gov-
ernment for use  by the Federal  Government
in lieu of other  vehicles if the  Administrator
of  General  Services   determines   that  such
certified vehicles have  procurement  costs which
are no more than 150 per centum of the re-
tail price of the least  expensive class or model
of motor vehicle for  which they are  certified
substitutes.
    (2) In order  to encourage  innovative de-
velopment  of  inherently  low-polluting  pro-
pulsion  technology,  the Board may, at  its
discretion, raise  the  premium  set forth   in
paragraph (1) of this  subsection  to  200 per
centum  of  the retail  price  of  any  class   or
model of motor  vehicle for  which a  certified
low-emission vehicle is a  certified substitute,
if the Board determines that the certified low-
 emission  vehicle  is powered by an innovative,
 inherently low-polluting propulsion system.
    (3) Data  relied  upon by the  Board and the
 Secretary  in  determining that  a  vehicle is a
 certified  low-emission  vehicle   shall  be  in-
 corporated in  any contract  for the  procure-
ment of such vehicle.
                     (f)  The procuring agency shall be required
                   to  purchase  available  certified  low-emission
                   vehicles  which are eligible for purchase to the
                   extent  they are  available before purchasing
                   any other vehicles for which any low-emission
                   vehicle  is a  certified  substitute.  In  making
                   purchasing selections between competing eligi-
                   ble low-emission vehicles, the procuring agency
                   shall give priority to (1) any class or model
                   which  does  not   require  extensive  periodic
                   maintenance to retain its low-polluting quali-
                   ties or  which  doea  not  require  the  use  of
                   fuels  which are  more  expensive than  those
                   of  the classes or  models  of  vehicles for which
                   it is a certified substitute; and  (2) passenger
                   vehicles other than buses.
                     (g) For  the  purpose of procuring certified
                   low-emission  vehicles   any   statutory  price
                   limitations shall be waived.
                     (h) The Secretary shall, from time  to  tim«
                   as   the   Board  deems  appropriate,  test the
                   emissions from certified low-emission  vehicles
                   purchased by the Federal Government.  If  at
                   any time he finds that the  emission rates ex-
                   ceed the  rates on which certification under
                   this  section  was  based,  the Secretary  shall
                   notify the Board. Thereupon the Board  shall
                   give the supplier of  such vehicles written no-
                   tice of this  finding,  issue public notice of  it,
                   and give the supplier an opportunity to make
                   necessary repairs, adjustments,  or   replace-
                   ments.  If  no  such  repairs,  adjustments,  or
                   replacements are  made within a period to  be
                   set by the Board, the Board may  order the
                   supplier  to  show cause why the vehicle in-
                   volved should be eligible for  recertiftcation.
                     (i)  There  is authorized to be appropriated
                   annually not to exceed $50,000,000 for  paying
                   additional amounts for motor vehicles pursuant
                   to,  and  for  carrying out  the  provisions of.
                   this section.
                     (j)  The Board  shall promulgate the proce-
                   dures required to implement this section with-
                   in ninety days  after the effective date  of this
                   section.

                      The   PRESIDING OFFICER.  The
                   Senate will  be in order.  Who  yields
                   time?
                      Mr.   MUSKIE.   Mr.  President,   I
                   yield  myself  5 minutes.
                      This  amendment  has been  offered
                   by  the distinguished   Senator  from
                   Montana  in  behalf of the  Senator
                   from Washington  (Mr. MAGNUSON),
                   It  is  an amendment  that I am  pre-
                   pared   to  take, but  I   should  like  to
                   read this  description of it which  was
                   prepared by the Senator from  Wash-
                   ington  (Mr. MAGNUSON).
                      As most of the Senate is aware, the

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                   STATUTES AND LEGISLATIVE  HISTORY
                                     1603
Senator from Washington necessarily
could not  be present  during the Sen-
ate's consideration of this bill  because
of an illness in his family.  His  state-
ment is as  follows:

      STATEMENT BY SENATOR MAGNUSON

  This  amendment is  designed  to  create  a
comprehensive  Federal  low-emission  vehicle
procurement program which would  stimulate
the development,  production, and distribution
of motor vehicles  which emit  few or  no  pol-
lutants. The procurement program would stim-
ulate  low-emission vehicle production and  dis-
tribution by creating immediately  a guaranteed
market which would  pay  certain fixed premi-
ums  for low-polluting vehicles  and  provide
controlled  conditions   for  field  testing  new
concepts in automotive propulsion.
  This  amendment is  substantially  identical
to my bill,  S. 3072,  which this  body   passed
without  a dissenting  vote on March  26, 1970,
but which the House  has  not  acted upon.  It
would establish a  Low-Emission  Vehicle  Cer-
tification Board composed of the Secretary of
Transportation,  Secretary  of  Health,  Educa-
tion,  and Wel'are, the Chairman  of the Coun-
cil on Environmental  Quality,  the Director of
the  National  Highway  Safety  Bureau,  the
Administrator of  General  Services,  and  two
Presidential designees. This Board would re-
ceive   applications  from  developers  of  low-
emission vehicles  and determine  if  those ve-
hicles  were suitable  substitutes  for existing
vehicles  in  use by  agencies  of   the  Federal
Government.
  To  obtain certification for a vehicle, a de-
veloper  would  make  application   to  the  Cer-
tification Board  in a manner prescribed by
the Board.  Upon  receipt  of this application
the Board would  ask  the Secretary of  Health,
Education, and Welfare to determine whether
the vehicle  embodies  a significant advance  in
pollution  emission control  technology.   If the
Secretary so finds, then the Board  would de-
termine  whether or not the vehicle was suita-
ble for use as a  substitute for  any class or
model of vehicles  then in  use  by the  Federal
agencies. In making  such determinations the
Board  would  consider such  factors  as  the
safety of the vehicle, its  performance char-
acteristics, its reliability, potential, its  service-
ability,  its  noise  level, and its  maintenance
characteristics.
  Any vehicle determined by the Secretary  of
Health,  Education, and Welfare  to be  a  low-
emission vehicle and  certified by  the Board  to
be  a  suitable substitute  is then eligible for
purchase at a premium of 150 percent of the
retail  procurement cost of the  least  expensive
class  or model of comparable vehicles. At its
discretion the Board  may in-
                                [p. 33090]
crease  that  premium to  200  percent if the
vehicle being purchased  embodies  an innova-
tive  propulsion  system  which  is  "inherently
low-polluting''—one  not  depending upon  some
complicated add-on device to make it smogless.
  To the extent that such low-emission  vehi-
cles are available, at prices within the premi-
um ceiling, the Administrator of General  Serv-
ices is  required to purchase them.
  I urge my colleagues  to  again endorse this
Federal procurement proposal.  In  the   first
place,  this amendment  will enable the  auto-
mobile industry to begin at once to test  new
propulsion systems under controlled conditions
to insure their satisfactory performance in the
general consumer market by 1975 or 1976.  Sec-
ondly,  the premium  payments will  help  defer
some   of  the  prototype  development  costs.
Thirdly, the bill will make feasible independ-
ent  innovative  development  of  low-emission
vehicles so that  all paths to  low-emission ve-
hicle  development can  be explored  and the
1975 legislative mandates can be met through
the best  technologies  presently  available to
this Nation.
  There is a  final  need for  this legislation.
The  Federal  Government,  particularly  as it
places  greater  and  greater demands on the
private sector  not  to pollute,   has  a strong
obligation  not to disrupt the environment when
conducting its  own  activities.  Therefore, the
reduction  in  pollution from governmental ve-
hicles,  even apart from the considerations pre-
viously mentioned,  establish  a   need  for  this
amendment—now.

   The legislation represented  by  this
amendment  has already been  enacted
by the  Senate   once  this  year,  Mr.
President.  I  was privileged  to be a
cosponsor  of it with the distinguished
Senator  from Washington.  We   held
joint   hearings—the   Committee   on
Commerce   and  the  Committee   on
Public Works.  So I recommend   that
the  Senate adopt the amendment.
   Mr.  BOGGS.   I   yield   myself 1
minute.
   Mr. President, in view of the state-
ment  offered  by the  manager  of  the
bill, the  Senator  from Maine, and the
fact   that  the Senate  has  previously
acted on this matter, I  have  no  ob-
jection to  accepting the amendment.
   The  PRESIDING  OFFICER.  Do
Senators yield back  their  time?
   Mr. GRIFFIN. It is the  identical
bill that was passed?

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1604
LEGAL COMPILATION—Am
   Mr. MUSKIE. Yes, it is. There are
a  few technical amendments, I might
say.
   Mr, President, I  yield back the  re-
mainder of my time.
   Mr. BOGGS. Mr.  President, I yield
back the remainder of my time.
   The   PRESIDING  OFFICER.  All
time on the amendment has been yield-
ed back. The  question  is  on agreeing
to the  amendment.
   The amendment was  agreed to.
   Mr. BOGGS. Mr. President, the dis-
tinguished  senior Senator from Cali-
fornia   (Mr. MURPHY)  who, up until
this  Congress, was  a member of the
Senate Public  Works Subcommittee on
Air  and  Water Pollution,  and  who
has always been  a strong advocate of
legislation to  fight pollution, is neces-
sarily absent  today.  The  Senator  co-
sponsored  the bill  which  is before us
today,  and he has prepared a state-
ment in support of  the measure.
   Mr.   President,  I  ask  unanimous
consent  to  have  Senator  MURPHY'S
statement  printed  in the  RECORD.
   There being no objection, Senator
MURPHY'S  statement was ordered to
be printed  in  the RECORD, as follows:

  SENATOR MURPHY  STRONGLY SUPPORTS BILL
   DESIGNED To ACHIEVE  CLEAN Am BY 1976
   Mr. President,  as a  cosponsor. I strongly
support S.  4358.  This  measure  is tough, time-
ly and  desperately  needed.
   I want to congratulate Senator  Muskie  and
the  ranking  Republican  member.  Senator
Boggs, and the members of the Subcommittee
and  full  Committee  of the Public Works Com-
mittee for  bringing this effective measure to
the  Senate Floor. Up until this  Congress,  I
was a member of the Public  Works Subcom-
mittee on Air and  Water  Pollution. In  this
capacity  I helped to shape and strongly sup-
ported all the air pollution legislation enacted
since 196S. My interest  in  the problem since
leaving   the  Committee  has  continued  un-
diminished. I know of the careful and thorough
manner  with which the  Committee considers
legislation;  I  know of  the cooperative and bi-
partisan  spirit that  operates in the Committee
for  the benefit of the nation.  This has pro-
duced again a unanimous recommendation to
the Senate on a  bill for  the benefit of the en-
tire  nation.
                    There was  a time  when  smog  was  con-
                  sidered a  unique  type  of  scientific  curiosity
                  resulting  from the unusual photochemical re-
                  actions which occurred in  Los Angeles.  I
                  have had  the pleasure  of  crossing this  vast
                  and great  country  many times in recent years.
                  I have seen the pollution problem grow  until,
                  today, it is nationwide. Dr. John R. Goldsmith
                  of the Cal. Department of Public Health  has
                  declared "there  is no  more clean  air in  the
                  United States  . . ."
                    In California, where  the  concern  over  the
                  pollution  problem  is probably the greatest in
                  the country,  we have  experienced  a similar
                  spread of  pollution.
                    In San  Gabriel  and  San Fernando Valleys,
                  which neighbor Los Angeles, smog is frequent-
                  ly  heavier than  in Los  Angeles  itself.
                    Sacramento  Valley  which  already has  a
                  smog  problem,  may face  pollution  greater
                  than Los  Angeles  within  the next  decade or
                  two according to  a University  of  California
                  agriculture engineer,
                    Fresno  citizens  26 years ago  were able to
                  see the Sierra Nevada  Mountains in the  dis-
                  tance.  Today  these  mountains  can  only  be
                  seen in the morning.
                    Smog in the Los Angeles hasin has resulted
                  in a slow decline of citrus groves south of the
                  city and trees have been damaged  in the San
                  Bernardino National Forest 50 miles away.
                    No  longer  do  we hear  isolated  voices  of
                  concern in California;  the  citizens  of  Cali-
                  fornia are almost  one voice crying out in  ris-
                  ing crescendo  against the attack  on the state's
                  beauty and against the  impairment of  the
                  quality of life.
                    California has pioneered the nation's battle
                  against pollution. The Loa Angeles County Air
                  Pollution   District  probably  has  the toughest
                  air pollution laws  in the country against pol-
                  lution from stationary  sources. California  has
                  also been the  bellwether in the nation's battle
                  against  pollution   from  the automobile.  1
                  might say that I am pleased that the "Murphy
                  Amendment*'  which was added  to  the  Air
                  Quality Act of 1967. after a difficult fight, is
                  preserved  and is found in Section 210 (b)  of
                  this  measure.  This  amendment  grants  to
                  California the right to  set automobile emission
                  standards  higher  than  the nation.  California
                  has taken advantage of the amendment  and
                  has enacted legislation  at the state level giv-
                  ing  California  the  strongest  anti-pollution
                  laws with respect to automobile emissions in
                  the country. Notwithstanding, these strict con-
                  trols, the  automobile remains the  principal  pol-
                  luter in California. This is  a particular con-
                  cern for  California  which already has  more
                  cars per  capita than any other state.
                    In addition, California is adding to its pres-
                  ent number at a  rate  faster  than  any  other
                  state.  If present trends continue, it  has  been
                  projected that 42  million  Californians will be

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                     STATUTES  AND  LEGISLATIVE  HISTORY
                                       1605
operating 23 million vehicles by the year 2000.
These 23  million vehicles  will consume 25  bil-
lion  gallons of gas  or  three  times  the  present
consumption.  We are  running  as  fast as we
can, but  our  efforts  have  only  given  us  a
"dangerous  status  QUO."
  Air pollution has an adverse  affect on  both
man and his  environment.  Over  200 million
tons of  contaminates  are  emptied  annually
into America's skies. Pollution soils  our clothe3
and  our homes. It causes  economic  dangers to
our  agricultural  products.  As the number  one
agriculture  state in the nation, this obviously
is a major concern to California.  A recently
concluded  eight-year  study  by  the  Air  Re-
sources  Center at the University of California
at  Riverside  showed  smog  was causing:  eco-
nomic   damage  to  citrus  crops.   The  study
found air pollution cutting the yield  per tree
by  as   much  as half  and  reducing  the  cost
value by  $33 million.  This same  study found
the  greatest  economic  loss from  smog  to
ornamental plants and  shrubs of  homeowners.
This damage was  estimated to be  a stagger-
ing  $125  to  $144 million each year. Air pollu-
tion also  limits visibility. The beauty of  Cali-
fornia  is blurred.  Air transportation is  made
more hazardous. For example,  as  a result of
Los  Angeles smog,  visibility  frequently is low-
er than three miles. The July, 1970, air pollu-
tion alert on the East Coast nearly  obscured
visibility  in  some  areas.
  While this damage to our eyes, our sensitivi-
ties, and our  pocketbooks are  important, the
most important effect of  air pollution is the
danger  it poses to  the nation's health. There
had been several disaster  warnings  about the
air  pollution  crisis. These  occurred in  1930 in
Mouse  Valley of Belgium, in  Donora, Penn-
sylvania in 1948, in London  in  1952 and  again
in 1962,  and in New  York  in  1953, 1963  and
1966. The news reports on Japanese efforts to
control  air  pollution,  particularly  in Tokyo,
and the  reports considered  at international
conferences  in  recent  years  on  the subject of
pollution  show  pollution  to be a worldwide
problem.  According  to  a  Washington  Post
article  of July  27,  1970,  the  Japanese  char-
acterize their  air pollution problem as expos-
ing  citizens to  the greatest danger of  their
lives. There  probably  have  been  other  crises
in  smaller,  less conspicuous locations, where
the  conditions  were not  recognized for  what
they were or where the situation  was not re-
ported.  The major  air pollution disasters  were
important  in  that they  presented  dramatic
evidence  of the deleterious effects of air  pollu-
tion.
  Most health workers in  the  field of respira-
tory diseases now  agree  that air  pollution  is
capable  of  producing  serious  health  effects.
Rene Dubos  pointed out  in his  book, "Man,
Medicine and  Environment":  "Chronic  res-
piratory  disease is now the leading  cause of
disability among  adults  in all  the industrial-
ized parts of northern  Europe and  is becom-
ing  increasingly   prevalent  in  the  United
States.  .  .  .  Like  chronic  bronchitis, cancer,
and many  other  types  of  pathological mani-
festations, the multifarious effects of environ-
mental  pollutants  may not be  detected  until
several  decades  after  the  initial  exposure."
  In Hospital Practice,  May,  1970, John  Gold-
smith  discusses  community  surveys  in   Los
Angeles  and  Pasadena  which show  that air
pollution  has  a significant  effect  in  aggravat-
ing the condition of  asthmatics.  Other epide-
miological studies  report  that relatively  little
air  pollution  aggravates  chronic  bronchitis.
Controlled  clinical  studies  in  Los   Angeles
showed   that  patients   with  bronchitis  or
moderately  advanced  emphysema  are  seriously
affected by  Los Angeles type

                                  [p. 33091]

smog. Goldsmith also  states that  the  available
evidence suggests  that air pollution may  actu-
ally  be  a causative agent in  emphysema.  Em-
physema  is  now  the fastest growing  cause
of death  in the United States,  doubling  every
five  years since World  War II.
  Dr. John W.  Jutila, a  microbiologist at the
Montana  State  University,  is reported as say-
ing  that  "Environmental   microinsults  ac-
cumulate to become  life  threatening to  more
and more individuals. Acceleration  of the ag-
ing process and the onset of cancer are among
the  threats  posed  by a  fouled  environment."
In  an  extensive review by  Stephen Ayres and
Meta Buehler  in  Clinical  Pharmacology  and
Therapeutics,  May-June,   1970,  the  authors
summarize  their  results by saying:  "An im-
pressive  body  of  scientific  information points
to  the  inescapable conclusion that  the  levels
of  pollutant contamination  existing  today in
many  American  cities  are sufficient  to  pro-
duce profound health consequences."
  The  first  annual report of the  Council of
Environmental  Quality  states:
  "It is well established that  air pollution con-
tributes to  the incidents  of such chronic dis-
eases as  emphysema,  bronchitis and  other res-
piratory  ailments.  Polluted  air  is also linked
to  higher mortality rates and other  causes  in-
cluding  cancer, arteriosclerotic heart disease.0
   The  incidents  of  chronic  disease  has  in-
creased  rapidly during the past century. Al-
though it is difficult to  determine  the   cause
of chronic diseases, there  is enough evidence to
make  one thing  certain—air  pollution is not
doing  any of us any  good.  So the direct  proof
of  cause and  effect  relationship between air
pollution and health  still  is and should be the
subject  of  research and  discussion in medical
research. One is  reminded of the controversy
which still drags on about cause-effect relation-
ships  between smoking and  cancer. Disagree-
ments still  continue and people are still suffer-

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1606
LEGAL  COMPILATION—AIR
ing  ill  health.  Although   the  evidence  and
statistics  I  have  cited  are  convincing  and
point out the urgency  for  new  and tough  ac-
tion, I believe the report which  was carried in
Today's Health  for  this month which included
the following  quotation even more  cogently
depicts the  need for action:
  "Just  recently there was an  article in  the
newspaper about grade school children in  the
area south of Chicago's loop drawing pictures
in art classes.  In  the last three years the sun
no  longer  appears.  Before, there was always
a bright smiling  sun  in the  sky.  No longer.
The sun is  gone.  There is no sun  in the pic-
tures  now. Children in the schools  now accept
this, and it's very,  very frightening. They  ac-
cept pollution  as  a natural part of their  en-
vironment.  'What  ever  happened  to   clean
air?' "
  I am  not willing to accept pollution  as a
natural part  of my environment.  I  want  to
help put the "sun" back  into the  pictures  of
those grade school children  in Chicago. I sup-
port this measure and  consider the elimination
of air  pollution as one of the nation's priority
problems not only in terms of the obvious and
immediate  benefits  in  the  form of  improved
health,  but also in  terms  of  indirect benefits
which   will  accrue  through  improved   plant
growth and the  aesthetic  benefits associated
with  our environment.
  I am under no illusions  that the cleaning up
to  America's air will  be  cheap, but in con-
sidering the cost,  we  must also consider  the
cost of  inaction. Recent  articles  point both
costs  out. The  U.S. Mews  and  World Report
in its August 17 issue  estimated the cost to he
over $13 billion over the next five years.  How-
ever, this same report  describes damages from
polluted air to be  over $65  billion over  the
same period, and this does not include damage
to health.
  Lester  B,  Lave  and,   Eugene   P. Seskin
pointed  out in their  recent  analysis of  the
cost effects of  air pollution on  human  health
in Science,  August  21, 1970:
  "The evidence  is  extremely good  for  some
diseases (such as bronchitis and lung cancer)
and only suggestive for others  (such as car-
diovascular diseases  and non-respiratory tract
cancers), ,  . .  We therefore make the assump-
tion that there would  be  a 25 to 50  per cent
reduction in morbidity and mortality due  to
bronchitis  if air pollution  in  the major urban
areas were abated by  about 50  per cent. .  . .
Approximately  25 per  cent of mortality from
lung cancer can be  saved  by a 60 per cent re-
duction in  air  pollution.  ... It seems  likely
that 25 per cent of  all morbidity and mortality
due to respiratory  disease  could be saved  by
a 50 per cent abatement in  air pollution levels.
. . . There is  evidence that over 20  per cent
of  cardiovascular mortality could be  saved if
air pollution were reduced  by  60 per cent. .  . .
                   We  have  estimates  that 15  per cent  of  the
                   cost of  cancer would be  saved by  a  50  per
                   cent reduction  in air pollution. .  .  . We es-
                   timate  the  total annual cost  that  would  be
                   saved by a 50 per cent reduction in  air pollu-
                   tion levels in major urban areas, in  terms of
                   decreased morbidity and mortality, to be $2080
                   million.  . . , Psychological and aesthetic effect
                   of air pollution on vegetation, cleanliness,  and
                   the  deterioration of materials  have not been
                   included in  these estimates."
                     Mr.  President, the  bill  before  the  Senate
                   today  builds on  the  experience and  lessons
                   gained under the present air pollution  legisla-
                   tion, as well as  the mounting  and increased
                   awareness of  health dangers associated with
                   the pollution problem.  As the committee report
                   observes, the problem of air pollution "is more
                   severe,   more  persuasive,  and  growing at  a
                   more rapid rate than  was generally believed."
                     I would like to discuss some  of the features
                   of the bill that is before the Senate today.
                      (1)  The  bill  provides that  by  model year
                   1975 an almost pollution-free automobile must
                   be  achieved. 1975 cars  must at a  minimum
                   reduce  pollution  by  at  least ninety  per cent
                   from the  1970  standards. While industry  has
                   expressed  concern that  they will not be able
                   to meet  these standards, the health  and safety
                   of our  people requires that they do  so and I
                   feel  they can.  They have risen to similar chal-
                   lenges in the past and have met standards set
                   in  California, which initially they  felt could
                   not  be met.  Industry must do so again. Motor
                   vehicles  account  for 42 per cent  of the  five
                   major pollutants  in  the nation. In  California,,
                   the  car  is  our  principal  pollution  problem.
                   Pollution  equipment  under  the bill  would be
                   required to  have a fifty-thousand  mile war-
                   ranty. The bill continues  the federal preemp-
                   tion of emission standard setting authority for
                   automobiles, which means this  states are  not
                   permitted to  establish  their own   standards.
                   The "Murphy Amendment," however, added to
                   the  1967 Air Quality  Act is preserved  intact.
                   Thus,  California will  continue  to be  able to
                   establish standards  more stringent   than  the
                   federal  standards.  The  Secretary of  Health,
                   Education, and  Welfare  is  also authorized to
                   certify used car  control devices,
                      (2)   The  bill  provides  for   regulations of
                   fuels and additives.
                      (3)   The  bill  establishes  national ambient
                   air  quality  standards  with  specific  timetables
                   that must be  met. This  provision would help
                   to  guarantee  for all  of  our citizens  cleaner
                   air  in the" future.
                      (4)  The  bill establishes  air quality goals.
                      (5)   The  bill  requires  that  new industry
                   built in the nation must achieve standards of
                   performance based   on  the  latest  available
                   control  technology.
                      (6)  The  legislation prohibits any emission

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                    STATUTES AND  LEGISLATIVE  HISTORY
                                     1607
of pollution  deemed  extremely hazardous  to
health-
   (7)  The  bill authorizes  national  emission
standards for selected pollutants. This provides
authority to  control pollution  not  covered  by
the  ambient air standards  or by  hazardous
substance emission  controls,
   (8)  The  bill requires  federal  facilities  to
clean up. I have felt for some time that the
federal government should set  an  example for
the  nation.  Yet, I have discovered  that the
federal  government  often  not only is not  a
model, but actually is a  major polluter in  some
areas.  This  has to  stop. President Nixon has
issued an executive order requiring1 federal fa-
cilities to clean  up, and these  steps are over-
due and indeed welcome.
   (9)  The  bill  authorizes increased research
relating  to fuels and vehicles.
   (10)  The bill authorizes  research  concern-
ing the health effects of air pollution. Recent-
ly the Senate adopted a Smith-Murphy amend-
ment to  the Regional Medical  bill, calling for
a  report by the Secretary of  Health, Educa-
tion, and Welfare on the health consequences
of pollution. Certainly, we need to know more
about this aspect of  the problem.
   (11)  The bill  authorizes  the  Secretary  of
Health, Education,  and Welfare to abate any
pollution that presents  an imminent arid sub-
stantial danger  to  health.
   (12)  The bill prohibits the  federal  govern-
ment from entering contracts  with any  com-
pany under an  abatement order or found to
have knowingly  violated air quality laws.
   (13)  The bill provides .for  necessary  pen-
alties and  controls  to make certain  that the
standards,  goals, and  intent  of  the  bill  is
carried  out.
   (14) The bill establishes an  Office  of  Noise
Abatement and Control  in  the  Department
of Health, Education and Welfare. Although
it is clearly understood that  if the Environ-
mental Protection  Agency as proposed by the
President is  established, this  noise pollution
function  would also be  transferred.
  Earlier I predicted that  the 70*s would be-
come known as the Decade of Environment. It
is not coming any too soon. The President, as
his first  official act of 1970 signed into law
the  National  Environmental  Policy  Act  of
1970 establishing a three-member White House
Council on  Environmental Quality.  In April,
S. 7, the  Water  Quality  Improvement  Act,
which  I cosponsored was enacted. In  addi-
tion, the President has proposed the creation
of a new environmental Protection Agency to
coordinate, centralize and  accelerate  the Na-
tion's  pollution  fight.  This  was  particularly
pleasing  to me because   I had earlier cospon-
sored with Senator Scott S.  3388,  a  bill pro-
posing  a  similar  national  agency.  I  have
written the  President urging that this agency
be located in California. I ask unanimous con-
sent that  my press release on  this subject be
included  into  my  remarks.  The  Senate  on
September 1, passed the Environmental Quality
Education Act which I supported to establish
education  programs to encourage and enhance
enviionmental  quality. The bill the Senate is
considering  today  will  probably  rank as  the
most   significant   anti-pollution   legislation
passed by  the Congress.
  So,  Mr.  President,  the air  pollution  prob-
lem is far more today  than  a scientific curi-
osity  or  a  favorite  topic  for  jokes. It is a
national disgrace and a  menace to the  health
and welfare of our  people. We have already
i cached that point in our lives when vast  na-
tional reigons  are  being affected  by enormous
contaminated air  masses. In   1966  I  warned
the Senate  Subcommittee on  Air and  Water
Pollution that  "time is  running out." I  said:
"In my  judgment the  pollution  problem  is
one of  the most  serious  domestic  problems
facing our  country  today.  While  serious,  it
is  not yet critical. The time  is  not on our
side.  It is running  out.  The  delay  will not
only be costly in  terms of dollars, but even
more  impoitant,   will be the  possible  detri-
ment  to  human health  and  the  interference
with the grenei'al well-being of oui- society."
  Mr.  President,  time  now  has  run out.  It
is, as President  Nixon  has declared,  ''now or
nevei" in  our battle against pollution   We
have  reached  that point and  that  time in
our histoiy  when  we must call a halt to  the
fouling  of our  environment.   We  must  pro-

                                [p. 33092]

vide oui'  citizens with the quality of ah  that
they  rightly demand  and  deserve.  S.  435S
should do the job

   The PRESIDING OFFICER.  Who
yields time? The bill is open to further
amendment.

          AMENDMENT NO.  930

   Mr. COOPER. Mr. President, I call
up my amendment  No.  930.
   The PRESIDING  OFFICER.  The
amendment will be stated.
   The legislative  clerk  proceeded to
read the  amendment.
   Mr. COOPER. Mr. President, I ask
unanimous consent  that further read-
ing  of  the  amendment  be  dispensed
with.
   The PRESIDING OFFICER. With-
out objection,   it  is  so  ordered;  and,

-------
1608
LEGAL COMPILATION—AIR
without objection, the amendment will
be printed in the RECORD.
  The amendment is as  follows:
  On page 63, beginning  on  line 23, strike
out all through line 4 on page 64, and insert
in lieu  thereof the following: "and shall  be
so warranted for the lifetime  of such vehicle
or engine. Fifty thousand miles shall be taken
as the basis for the lifetime  of  a vehicle  or
engine under this  section. As a condition  to
the  obligation  of  manu "acturers to correct
defects  in design,  manufacture,  or  assembly.
manufacturers may require  the ultimate pur-
chaser and subseauent purchasers of such ve-
hicle or engine".
  On page 64, line 12, strike out the words
"adjustment, operation".

  Mr.    COOPER.   Mr.   President,
amendment No. 930 is  an amendment
proposed by myself  and Mr. BAKER
and Mr. GUENEY. It arose  out of the
discussion  in  the committee, and   I
shall explain briefly its purpose. I am
not going to ask  for a vote, but I do
think some record of the issue should
go into  this  debate.
  The bill provides for a comprehen-
sive  warranty  by the manufacturer
running in favor of any  purchaser or
subsequent purchaser.  The warranty,
as I  see it,  is a warranty that the
design  and  the manufacture of the
system and  parts in  the  car which
were  designed  to control  pollutants
will be effective in favor of any initial
purchaser or subsequent purchaser. In
addition there is  language  in the bill
which extends the warranty to include
"performance". It would seem to me
that  such warranty would not  only
guarantee the  design  and  equipment
of  the  car  itself but  also would
guarantee operation by the owner  of
every car, in effect, perhaps a hundred
million car owners in this country.
  I must  say,  however, that in the
discussion, the Senator  from Maine
answered such issues quite persuasive-
ly.  Inasmuch as I am not an  auto-
mobile engineer or technician in any
way,  I can just say that I would not
be in a  position to rebut those  argu-
ments without  more information and
               without more  help from  other  mem-
               bers of the committee who understand
               engineering.
                  I think there is a problem with this
               section,  and I have only  raised it as
               an issue but I do  not think it should
               be determined on the floor  of  the
               Senate.  I  do  not  know whether  the
               problem is as great as I thought it
               was in the first instance. I bring it
               up so  that in conference  we  could
               have a full discussion.
                  Mr. GRIFFIN.  Mr.  President, will
               the Senator yield?
                  Mr. COOPER. I yield.
                  Mr.  GRIFFIN.  I agree  with  the
               Senator that there are serious prob-
               lems in regard to the warranty pro-
               visions.
                  Page 82 of the bill, section 215, pro-
               vides  that  warranty  provisions shall
               be effective  90 days after the enact-
               ment of this section.
                  Keep  in  mind  that  testing  pro-
               cedures to  determine  in  the  field
               whether or not the extent to which an,
               automobile exhaust  is  polluting  the
               air have not yet been developed. Keep
               in mind that it has been  admitted on
               the floor of the Senate  over and over
               again that the technology to  make it
               possible to comply with the standards
               written into  this  bill  is not in  ex-
               istence today.  The hope is that it  will
               be developed.  But the warranty goes
               into  effect 90 days  after the bill is
               enacted.
                  I wonder whether the Senator from
               Maine could explain how it is that a
               warranty would go into effect 90 days
               after  enactment  in this particular
               situation.
                  Mr. MUSKIE. I say to the Senator
               that since the emission standards were
               set by the Secretary under  the 1965
               law,  automobiles  presumably should
               have been meeting the standards.  The
               fact is that they have not.
                  For example, according to testimony
               of the National Air Pollution Control

-------
                STATUTES AND LEGISLATIVE  HISTORY
                               1609
Administration—I read from  the  re-
port:

  The more complete  data confirmed that
slightly more than one-half of the cars tested
failed  to  meet  either  the hydrocarbon  or
the carbon monoxide standard. For one model,
more than 80 percent of the cars tested failed
one or more tests. Due to the  small number
of cars,  these  emission  data  were not  ex-
trapolated to 60,000 miles. However, on  the
basis of the California data, one would expect
that the  emissions would tend  to increase to
some extent with increased mileage accumu-
lation.

  So the record is that, although the
industry has been able to get certifica-
tion of the new  cars and  has sold
them—and has  sold them under the
assurance that they were meeting the
standards—the fact is that the cars
are not meeting the standards.
  So what we are concerned about is
not only  the  tests  or the standards
that the cars  meet while  they are  in
the factory, but also  whether or not
they continue to meet  these standards
afterward. We  are asking the con-
sumers  of America to pay  an extra
cost, which undoubtedly will  be im-
posed upon these  cars,  for  cleaner
cars.  The  only way  we  can assure
them that they are getting what they
are paying for is  to impose upon the,
manufacturer  a responsibility  and  an
obligation to build into these cars a
durability quality that will permit the
cars to  meet the performance stand-
ards required.
  We think that the warranty is  es-
sential.  The  used  car population   of
this  country now numbers more than
100 million and is  increasing at the
rate of a million and a half, discount-
ing those taken off the road. If we are
to clean up the used car population  of
this country, we have to require that
new cars meet not only the standards
on  the  production line but also the
standards  in  performance.  Unless
they do, the whole  exercise is  useless,
so far as I am concerned.
  Mr. GRIFFIN. Of course, the goals
and objectives are very desirable; I'm
sure we are all for them.
  The PRESIDING OFFICER. Who
yields time?
  Mr. GRIFFIN. I yield myself time
on this bill.
  The question is, How realistic  and
how practical is the proposed legisla-
tion? Until now, warranties that have
been  required,  as I  understand it,
have  related to  workmanship  and
material in the automobile as it came
off the assembly line. Now, under this
bill,  we  would extend the warranty
far beyond that. We  would say  that
not only does the material and work-
manship have to meet certain stand-
ards when it comes off the assembly
line—but also, that, it must still  per-
form  in accordance with those stand-
ards 50,000 miles later.
  Now, the fact is  that testing  pro-
cedures with regard to exhaust emis-
sion to establish whether a car, in the
field,  10,000   miles  later,  or  50,000
miles later, is still performing are not
available. Is  that not correct, I would
ask the Senator from  Maine?
  Mr.  MUSKIE.  May  I say  to the
Senator that in the bill as presented
to the committee, we had a provision
that the warranty should not be re-
quired until  the Secretary was satis-
fied that the testing procedures were
available. It was at the request of the
industry that that was changed to 90
days  after enactment. I suggested a
few moments ago to the Senator  that
I would be happy to revert to  the com-
mittee language  if  that would meet
his problem, but he was not interested.
We are interested in relating  the war-
ranty and its application to the avail-
ability of the appropriate testing  pro-
cedures.
  May  I say another thing to  the
Senator, and this is  from  the testi-
mony of  Mr. Williams  of  the Auto-
mobile Manufacturers Association in
1965, where   he  suggested  that  na-

-------
1610
LEGAL COMPILATION—Am
tional standards be tested against the
criteria one of them being, that (c) —

  Control  of  emissions by  establishment  of
performance  standards rather than  design
standards.

  The industry itself emphasized from
the beginning,  until  they were faced
with  this deadline, that  performance
should  be the test and  that it should
be geared to the requirements of am-
bient  air.  That has been their case
since 1967 and  before.
  Now that we take them up  on that,
they  inject  other  arguments,  that  we
should  not insist  upon  performance
standards, which they cannot  guaran-
tee, but that we should  go only to the
design standards, that  the  warranty
should not  be  related to  performance
but  to design.
  The  story is  different,  now  that  we
take  them  up on the guidelines they
laid down in 1967, which we  have been
trying to follow.
  Mr.  GRIFFIN. Mr.  President, the
goals and  objectives  of  this legisla-
tion are fine. But I do  not think that
the  bill before  the  Senate  is  very
realistic.  I  agree with  the  Senator
from Kentucky, I do not  believe that
we can rewrite this
                              [p. 33093]

measure on the Senate floor.  I  would
offer an amendment, but  it is almost
impossible to rewrite the bill in such
manner.  I  hope  this  exchange  has
demonstrated that there are real prob-
lems in  the bill, and  I  hope this will
not be lost upon  the conferees  repre-
senting the Senate.
   Mr.  MUSKIE.  Mr. President, I ask
unanimous  consent to have  printed in
the RECORD the language of the com-
mittee report dealing with  this ques-
tion  of the warranty.
   There being  no objection,  the  ex-
cerpt from the report, ordered to  be
printed in the EECOKD, follows:
                    SECTION 207. VEHICLE AND VEHICLE ENGINE
                             COMPLIANCE TESTING

                   Section  207  would  represent  & significant
                 departure  from prior provisions for control
                 of vehicle emissions. At the present time com-
                 pliance with national  emission standards  for
                 vehicles and engines is determined on the basis
                 of whether the average of a class or model
                 complies with  the  standard.  Section 206  con-
                 tinues this procedure. Under section 206 proto-
                 type models would be certified as to compli-
                 ance with standards and production-line sam-
                 ple-testing would be authorized to  assure that
                 the  average of  the models  coming  off  the
                 production line conforms to preproduction cer-
                 tification.
                   Under section 207, each  production  line ve-
                 hicle would be required to  comply  with appli-
                 cable emission standards. Each vehicle would
                 be required  to  comply with  standards for a
                 50,000-mile lifetime. The manufacturer would
                 be required  to  warranty the performance of
                 each individual vehicle as  to compliance  with
                 emission standards. The dealer would not carry
                 any  obligation under this  provision.
                   This section would provide two  methods to
                 determine whether  or  not  individual cars will
                 perform to the emission standard. First, the
                 Secretary would be provided  with the authori-
                 ty to test  representative samples  of vehicles
                 on  the  road and,  if he found that a repre-
                 sentative sample of a model or class fails to
                 continue to comply with the  standards within
                 the  50,000-mile period, he could  require the
                 manufacturers to  recall that model or  class
                 for  the purpose  of correcting any  noncon-
                 formity.
                   The second compliance testing method would
                 be triggered  by the development  of  a quick
                 test  procedure. The Secretary would  be re-
                 quired to develop a teat which could be quickly
                 and  uniformly  applied to individual vehicles
                 on the production line and on the road to de-
                 termine whether  or not those vehicles  com-
                 ply or continue to comply with the standards
                 for which they were  certified.  The quick  test
                 would  have to be correlated  with  the  pre-
                 certification test procedure.  It would have to
                 be a test which could he applied  in a  reason-
                 able period of time related to the normal time
                 for a regular  vehicle  inspection. A quick test
                 should avoid  unnecessary  slowdown  of  pro-
                 duction lines, unnecessary  consumer inconven-
                 ience, while providing a method to determine
                 whether  individual  vehicles  on  the road are
                 continuing to meet the standards for which
                 they were certified.
                   The  need  to  assure individual  vehicle  com-
                 pliance became  evident after sample-testing:
                 of vehicles on the road  (both from Caifornia
                  and nationally) revealed  deterioration  from
                  conformance  with the standard.
                   According to testimony of  the National Air
                  Pollution  Control  Administration:

-------
                    STATUTES  AND  LEGISLATIVE HISTORY
                                     1611
  "The  more  complete  data  confirm  that
slightly more than one-half of the cars tested
failed to meet  either the hydrocarbon  or  the
carbon  monoxide  standard.  For  one  model,
more than  80 percent of the cars  tested failed
one  or  more tests. Due to the small  number
of cars, these emission  data  were not extrap-
olated to 50,000 miles;  however, on the basis
of the California data  one  would expect  that
the emissions would tend to increase to some
extent with increased mileage  accumulations."
  This  bill  would  require  the American  peo-
ple to make a substantially greater investment
in motor  vehicles  to assure  that  air  quality
standards   are  implemented.   This  investment
would be defensible  only if the emission  con-
trol  systems continued  to  conform to stand-
ards for the lifetime of  the vehicle. Substantial
deterioration from  the emission standard would
mean that  the manufacturer was not designing
emission control systems which meet the intent
of this legislation.  It would mean that air qual-
ity standards in regions  throughout the  Na-
tion would  not  be  effectively maintained,  and
it would mean  that potentially billions of  dol-
lars of consumer  investment would be to no
purpose.
  The Committee has no reason to believe  that
emission control would be  inexpensive.   The
automobile industry has indicated that achieve-
ment of the  1975 standards  set  by  the  bill
would be costly—whether such standards were
achieved  through   cleaning  up the  internal
combustion engine or through development of
an alternative  power source.
  The manufacturers informed the Committee
that they would not be able  to guarantee  con-
formity with emission standards for the antici-
pated 10-year life  of a  vehicle. The committee
bill  provides that  50,000 miles would  be the
maximum  that a  vehicle would  be  required
to conform to  the standards for which it  was
certified.  The  Committee  bill  would  provide
that  a manufacturer may require reasonable
evidence of  proper  maintenance  of  a vehicle
and  must  provide  written   instructions  on
maintenance,   adjustments,  service  and  op-
eration. The  Committee  hopes that,  if  the
motorist complied with these instructions, emis-
sion  controls would not deteriorate after  50,-
000  miles to the extent that ambient air qual-
ity would be impaired.  The Committee further
expects the manufacturer to endeavor to either
improve the quality control of emission systems
or  explore better  ways  to  assure  continued
compliance beyond 50,000 miles of use.
  The warranty required by  this section would
not  become effective until  90  days  after enact-
ment of this Act. This delay would be needed
so  that the manufacturer could  prepare in-
structions  for the  motor vehicle purchaser. The
Committee  expects  these instructions  to be
reasonable and uncomplicated. They would  have
to be approved by the  Secretary. During:  such
time as the warranty provision is effective, ve-
hicles manufactured  after that date would  be
required  to  comply  \vith  present standards.
Vehicles  manufactured in future  years would
have  to  be  warranted  to comply with  such
standards as may be applicable.
  The Committee intends that the public should
be made  aware of  the  actual  cost, not  the
manufacturer's  price of any air pollution con-
trol equipment  and warranty.  While the Com-
mittee recognizes  that  separation of  specific
costs for air pollution control  may be difficult,
it  is quite likely there would be a marked in-
crease in cars in  1975.  To  the  extent  that
such costs are attributed to the control of air
pollution emissions the Committee  intends that
those increases be the actual  cost of  the air
pollution systems involved.
  The  Committee also  recognizes the difficulty
in any  recall provision  of notifying the own-
ers of vehicles. The burden would be placed
on the manufacturer to notify both the initial
and  subsequent purchasers of vehicles.  The
Committee expects that the manufacturer would
not only depend on  the  files of the franchise
dealer,  but  would,  to  the extent  practicable,
use State motor vehicle department registration
files  to obtain  the names and addresses of sub-
sequent purchasers of  cars. By establishing a
50,000 mile, no  year lifetime  for  the  purpose
of warranty, the Committee did not intend to
relieve the automobile  manufacturers of their
responsibility to notify owners of older  cars.
The  50,000-mile period  can be assumed to  be
4  to 5  years and  the manufacturer should he
expected to notify any owner of a vehicle that
is five years old or  less as to failure to con-
tinue to perform to the  standard, A  decision
not to require  the manufacturer to repair the
vehicle  could be made  after notice and after
finding: that the vehicle  had exceeded  the B0,»
000-mile warranty period.

   Mr. MUSKIE. Mr. President, let me
make clear  precisely what it provides.
It  provides  that   there   shall   be   a
manufacturer's  warranty of perform-
ance for 50,000 miles.
   Throughout discussions with the in-
dustry over  the past 6 or 7 years, that
is  what  they  were  stating,  50,000
miles. They  do not consider that tech-
nology  would  be  effective  or worth-
while,  in terms of  cost to the con-
sumer, unless it  meets the 50,000-mile
test.  So we  are asking  for that, be-
cause unless automobiles will perform
for  a  practical  proportion  of  their
life,  meeting standards  initially may
not  be  worthwhile.  Fifty  thousand

-------
1612
LEGAL COMPILATION—AIR
miles is not all their life, 100,000 miles
being nearer to a measure of the life
of a motor vehicle, but we have taken
50,000 miles, comparable to the 50,000-
mile guarantee some companies gave
us a few years ago on the drive train
and  the lubrication question,  and we
have used that 50,000-mile test on per-
formance.
  We understand, of course, that per-
formance  depends  at present as well
upon the extent to which the operator
maintains  his  car.  We have said  in
the  report,  and made it  clear in the
language of the bill, indeed, that un-
less  the individual operator meets the
manufacturer's instructions  with  re-
spect to maintaining the  car as it re-
lates to  the clean  air  provisions  of
the automobile, the warranty will not
be available to the owner. That is the
language  of the bill. It  was written
into the bill, on page 64.
  May I read  it?

  As a. condition to  the obligation of manu-
facturers to  correct  deficient  performance,
manufacturers may require  the ultimate pur-
chaser and subsequent purchasers of such  ve-
hicle or engines (a) to provide reasonable evi-
dence of  the  time  when  such  vehicles  or
engines were first placed in  regular service
and  (b) to  provide reasonable evidence that
prescribed maintenance, adjustment, and serv-
ice requirements and schedules have been  ob-
served.  The  manufacturer shall furnish with
each  vehicle or engine written instructions  for
the proper maintenance, adjustment, operation,
and service by the owner or operator.

  In addition,  Mr. President, the bill
provides  grant-in-aid  programs  to
States and communities to develop in-
spection  programs and services com-
parable to the safety inspection serv-
ices  programs,  that  enable   both
operator and manufacturer to stay  on
top  of the maintenance problem. That
is the key.  The industry  has recog-
nized that, from the time of its 1967
testimony and  before. We have merely
responded to that concern of theirs.
  We  understand that  it  is not pres-
ently possible to build a maintenance-
                           [p. 33094]
                proof, clean car, but  that it  is pos-
                sible—with the use  of a system that
                is built with some durability in it and
                some responsibility imposed upon the
                operator—to assure reasonably clean
                operation  of such an  automobile. We
                have to have the two. One without the
                other is like a one-legged man.
                  Mr. ALLOTT. Mr.  President,  will
                the Senator from Maine yield me some
                time?
                  Mr. MUSKIE.  I  yield 5 minutes to
                the Senator from Colorado.
                  The PRESIDING OFFICER  (Mr.
                PACKWOOD). The Senator from Colo-
                rado is recognized for 5 minutes.
                  Mr.  ALLOTT.   Mr.  President,  I
                think we are all  trying to  get at the
                same thing, but on  this subject, which
                I  had not intended to speak on, that
                the Senator from Maine was discuss-
                ing,  it raises  some questions  in my
                mind.
                  First, where is an operator going to
                get the maintenance necessary  to keep
                his car operating at the supposed level
                as when he purchased it?
                  My experience with various  cars,
                and I am  sure it is no different from
                anyone else's in the Senate, is that, to
                secure  competent maintenance on  a
                car at the present time in any  respect
                is  almost an  impossibility. In  fact,
                even for rather simple operations,  it
                is  nothing unusual to have to take
                back the car two  or three times.
                  So, that is a weak spot in the  bill.
                Whether we can do anything about it,
                I  do not know, but it certainly is a
                weak spot in the bill.
                  We are assuming  that the auto-
                mobile  manufacturers  are able to de-
                velop the  kind of emission control as
                contemplated in the bill either by 1975
                or 1976. Yet, we still  would have an-
                other problem.
                  For example, if I am delivered a car
                in Washington, D.C.,  which contains
                the so-called proper emission controls,
                and  it is in  working condition  and
                performance and up to the standards

-------
                STATUTES  AND LEGISLATIVE HISTORY
                               1613
which have been set, and I drive that
car to Denver, Colo., that car will no
longer meet those qualifications which
held in Washington, D.C.
  On the other hand,  when I  reach
Denver, if I am fortunate enough  to
find  a garage in which I can get the
emission controls on the car corrected
so that they meet the standards when
the car was delivered  to me,  I still
have a  problem when  I leave and
drive to,  say,  Vail or  Dillon, and  I
cross two mountain  passes,  one  of
which is  a few thousand feet,  under
12,000 feet, and the other is in excess
of 11,000 feet, the  car  will not  meet
the  emission standards there.  There-
fore, under the provisions of the bill,
I am contributing to a violation of the
bill  and  its  purposes.  Because  one
simply cannot create an emission con-
trol  which  will be  workable at sea
level, at 5,000  feet, at  11,000 feet,  or
at 12,000 feet or, again, at 8,500 feet.
  I  do not know whether this means
that, as an operator I would have to—
and  this  would affect a lot of people
in my State—have my car  taken to
a garage at each change of altitude,
but  there are factors  like  this—al-
though I have not gone extensively
into consideration  of the bill—which
have to  be considered.  As I say, the
first  thing which concerns me  is the
ability of an operator of a vehicle to
get  it adequately cared  for and the
second thing is the change in climatic
conditions.  The  car  is  affected  by
climatic  conditions  and  not  just  by
altitude.  The  change  in emission in
any  particular application of  a car
is caused by a change  in climate and
a change in altitude.
  Mr. GRIFFIN.  Mr.  President, will
the  Senator yield rather briefly?
  Mr. ALLOTT. I yield.
  Mr.  GRIFFIN.  Mr.  President,  I
want  to  clear up something I said
earlier. At one point I believe  I  in-
dicated that there are no testing pro-
cedures available at the present time.
That  was an  error. It is  possible to
test the exhaust of a car now. But I
am told that it takes $50,000 worth of
equipment,  several   highly  trained
technicians, and 13 hours of time for
each test of each car.
  The PRESIDING OFFICER.  The
time of the Senator has expired.
  Mr.  GRIFFIN.  Mr.  President,  I
yield myself 5 minutes.
  The PRESIDING OFFICER.  The
Senator from Michigan  is recognized
for 5 minutes.
  Mr. GRIFFIN. Mr. President, I am
referring  to the  kind  of a test  that
would  be  necessary  to  determine the
performance level  after 10,000 or 50,-
000 miles.
  Mr.  ALLOTT.  That is  on an in-
dividual car.
  Mr.  GRIFFIN.  That is  on one in-
dividual  car.  Now,  what  is lacking
and  needed is a  quicker, more  con-
venient, and cheaper way of testing.
  Although the bill itself does not say
anything  about this,  the  committee
report contemplates that  the Secre-
tary of Health, Education, and  Wel-
fare, hopefully,   will  develop   some
quick testing  procedure—a procedure
not available  at the present time. In
the meantime, there are no practical
testing procedures.
  There is no indication in the bill as
to who would pay the cost, how it is
to be paid,  or who would  provide the
equipment.  However,   the warranty
provision  goes into effect,  neverthe-
less, 90 days after  enactment of the
bill.
  Mr.  ALLOTT.  The  Senator  is
correct. However, it  is the Senator
from Michigan and  I, the users, who
are going to pay  for the  testing and
for whatever controls are put on the
car. There  can be no question  about
this.  That  is  true  of the American
people in this whole area  of environ-
ment, ecology control, and  so forth.
   There is no use  in kidding ourselves.
The American people will be spending
       526-703 O - 73 - 29

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1614
LEGAL COMPILATION—AIR
a lot more  for  a lot  of  products  in
order to have the industries meet the
standards that Congress is promulgat-
ing now.  I  think they are  proper.  I
think we  are  proceeding in the right
direction.  However,  it  is  John Q.
Public who pays and who will pay for
the testing  and for the maintenance
and all the rest of it.
  Mr. MUSKIE. Mr. President, in re-
sponse to  the point made by the dis-
tinguished  Senator  from Michigan,
the committee has long been aware oi
the need for a quickie test, so-called.
This is why we geared the warranty
provision  to such time as the Secre-
tary is satisfied such a test exists. The
90-day provision  that  is in here now,
and that might  be in  effect imposing
the requirement  on  the industry be-
fore such a test  is developed,  is  at
the insistence of  the industry.
  I repeat  that the bill proposed by
the committee would have been geared
to the establishment of a  quickie test.
  I have  no  objection to modifying
the bill to return it to what it was. I
assume  that  the  industry had some
reason for  insisting upon the  90-day
provision.
  With respect to the  points made by
the Senator from Colorado, he  says
that  the  points  he  made reflect  the
weakness  of the bill. I take issue with
that statement.  The weaknesses that
are reflected are endemic in the indus-
try and the internal combustion engine.
  The industry  itself  has recognized
this  over  the years. And it has con-
stantly striven to make the automobile
maintenance-proof. It  has undertaken
to stretch out the life of the  lubrica-
tion system, to reduce the number of
times or the frequency of lubrication,
and so on.
  The industry  recognizes that  the
American motorist is not a good main-
tenance engineer. Therefore  the in-
dustry has  worked to make  the car
maintenance proof.
  I think  the greatest  problem the in-
               dustry faces is the shortage of me-
               chanics across  this  country.  As a
               matter of fact, if there were sufficient
               mechanics and  if each owner followed
               the particular  maintenance schedules
               of the automobiles, without any new
               technology or new devices, they would
               be substantially cleaner vehicles. I do
               not know  the  extent to  which  they
               might be cleaned up, but  I suspect
               that 50 percent might  not be a bad
               target at which to shoot. That is be-
               cause oi maintenance problems.
                 We  cannot   by  legislation  remake
               the automobile industry.  We brought
               pressure on the industry from the be-
               ginning,  7 years  ago, to press  with
               urgency, not merely for control of the
               internal  combustion  engine, but for
               the electric automobile,  the external
               combustion  engine,  and  other  ideas
               that  might develop in  order to get
               away from the  problem of the internal
               combustion  engines. That is because
               the internal combustion  engine  has
               greater maintenance problems   than
               the electric or the  external combus-
               tion engine would if it were developed.
                 The industry likes the internal com-
               bustion engine. It likes the comfort
               and the conveniences it has built into
               it.
                 The pending bill does  not  say to the
               industry,  "You have to  stick   with
               this." It does not say that Congress
               is committed to the internal combus-
               tion engine.
                 We  cannot  solve  the  problem  of
               whatever  technology  the  industry
               chooses to put  its  bets on. All we can
               do is  to set the standards.
                 The automobile industry has created
               all  of the problems from the top to
               the bottom. The corner service station
               is related to the fact that Detroit built
               an  automobile  with an internal  com-
               bustion system.
                 The dealer on Main Street is a prod-
               uct of the  manufacturer in  Detroit.
               He gets his franchise from them. He
               gets the manufacturer's requirements

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                STATUTES  AND LEGISLATIVE  HISTORY
                              1615
as to what kind of building he should
construct,  what  kind  of  service he
should provide.

                          [p. 33095]

  The  key to controlling the situation
is in Detroit, As a matter of fact, the
Senator from Tennessee  (Mr.  BAKER)
has persisted in making the point that
it is not  for  us to say  how these
things should be done, but rather what
performance standards are to  be met.
  So, if  the  bill  is weak in not pro-
viding for the solution of the  mainte-
nance  problem,  I would welcome an
amendment  that  would  cure  that
weakness. But I do not think  there is
any  way  of  writing a  law that will
create  maintenance   capability  all
across the country.  Only  the auto-
mobile industry can  do that.
  Mr.  ALLOTT.  Mr.   President,  I
would  have to take  exception to the
statement  about the automobile in-
dustry, because I think the internal
combustion  engine  has resulted  in
great  efficiency.  The  torque,   the
r.p.m., speed of  pickup, all of those
factors are things that the American
people have demanded.
  Mr.  MUSKIE. Mr. President,  they
have demanded it because of the auto-
mobile industry's advertising. There is
plenty of testimony to the effect that
we do not need power  built into the
automobiles.  The appetite  for  the
power  has been stimulated by adver-
tising.
  The  Senator knows that if the in-
dustry had chosen to  put its  muscle
behind low power cars, lighter cars,
cheaper  cars,  emission-free cars, it
could have sold them. Does the Sena-
tor from  Colorado doubt that?
  'Mr.  ALLOTT. I think only within
limits  could they have done that. My
feeling is  that what the  automobile
industry  has done  is  to  meet  the
demands of the public.  I admit, they
have advertised and promoted the prod-
uct just as one would  promote suds
or some other kind of detergent. This
is part of the American way of life.
  Mr. MUSKIE. Mr. President, I can
recall driving an automobile back in
the mid-thirties-	
  Mr. ALLOTT. Mr. President, I will
get the floor later if the Senator wants
it.
  Mr. MUSKIE. I thought the Sena-
tor had yielded the floor. I had gotten
the floor  and  was speaking  and the
Senator from Colorado interrupted to
ask me a question.
  Mr. ALLOTT. The Senator yielded
to me.  It is all right.
  Mr. MUSKIE. Mr. President, I can
recall driving  my first automobile. It
had  100 horsepower.  I  cannot recall
demanding 200. I cannot recall even
thinking about it until  the industry
put it in my mind.
  Mr. President, now I insist on some-
thing at least  that powerful or more.
The  idea  did not originate  with me,
but with the industry.  I must say I
enjoy it.
  I say to the Senator that this bill
is not directed  only to the automobile
industry. This bill is going to require
that the American motorist change his
habits, his tastes, and his driving ap-
petites.  Of  course, he has to, if we
are to revert  to a lighter car and a
lower powered car. Those two factors,
without any technology,  could drasti-
cally reduce emission. The  consumer
also  must make sacrifices in addition
to those made by the manufacturer.
So  it  is  rather pointless  to argue
about whether the appetite rose in in-
dustry advertising or within the minds
of consumers. The fact  is both  must
now modify their  concept  of  what
tomorrow's automobile should  be.
  Mr.  GRIFFIN.  Mr.   President,  I
yield  5 minutes  on  the bill  to the
Senator from  Colorado.
  The  PRESIDING  OFFICER  (Mr.
BAYH). The Senator  from Colorado is
recognized.

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1616
LEGAL  COMPILATION—AIR
  Mr.  ALLOTT.  Mr.  President,  I
want to say in response to what has
been said  here  that I am sorry there
really is only  one authority  on auto-
mobiles  on the  floor  although ap-
parently there are others who have
driven a little bit.
  Mr. MUSKIE.  Would the Senator
identify the authority?
  Mr. ALLOTT.  Would the Senator
repeat his  question?
  Mr. MUSKIE.  Would the Senator
identify that  exclusive authority? I
had not recognized it.
  Mr. ALLOTT. I have been listening
to him for a little bit here.
  Mr. President, I am frank to  say, to
get back to this matter, we will have
several problems and one will be with
maintenance.  I  think  if  it  were
possible today  to  check the personal
car  of each  Senator,  I would doubt
very much if  any is  operated  within
75 percent of its  specifications. It is
impossible  to get  repairs to get them
to operate  at much more than  that—
maybe 80  percent, and I  am being
kind at that. That is the point I make.
  In the operation of this particular
matter  one cannot  apply  the same
standards to an automobile here and
an automobile that is driven to Denver
or over  into the mountains, and have
that car meet  the standards that it
did when  it was originally made and
delivered,  even if it were 100 percent.
No one  can deny  that. No  automotive
engineer that I know of anywhere in
the country will deny it.
  Second, I do think  that we have to
think not  only in  terms of what is
going to happen to our engines when
we have  to  drive them  across  the
country, but we have to think of main-
taining them. These are the two points
I make. Nothing  I  have  heard  con-
vinces me otherwise, and  I am sus-
ceptible to being  convinced. I would
like  to hear if there are  answers to
those points.
  But what are we  going  to do with
               people who have  the kind of country
               we have in  Colorado where one goes
               from  3,000 feet in some  parts of our
               State to 12,000 feet, and 12,000  feet
               is nothing unusual  in our State;  and
               then,  the car will have to be adjusted
               every 5 miles as it goes up 1,000 feet.
               These are the problems  we  face.
                 I do not say the bill  is wrong for
               that reason,  but  there are problems
               we have to face and it does not do any
               good  to say  the  automobile industry
               inflicted this on us.
                 Mr.  HART. Mr.  President, may I
               have 3 minutes?
                 Mr. MUSKIE.  I yield  3 minutes to
               the Senator from Michigan.
                 Mr. HART. Mr.  President,  getting
               back to the testing requirements, my
               able colleague from Michigan raised a
               point I  thought was completely valid;
               namely, that the obligation becomes
               effective 90 days  after enactment but
               there is not available  presently the
               means  within  reason  to  make  the
               tests.
                 I was surprised  to  hear  from the
               able Senator from  Maine that origi-
               nally he had  shared that concern, but
               the committee had changed the  lan-
               guage at the specific  request of the
               automobile manufacturers.
                 None of us claims infallibility about
               anything, but I  wonder if Detroit,
               given  the  opportunity  for  second
               thoughts on this, would not agree with
               my colleague from Michigan, that the
               original  position  of  the  committee
               would be much more desirable. Under
               the original  language the  obligation
               would not become applicable until 90
               days after there was available reason-
               ably the means for a test. The Secre-
               tary  would be  obliged  to  make an
               executive  finding,  that  such  a  test
               existed  before  the obligation  would
               arise.
                 Mr. GRIFFIN. Mr.  President, will
               the Senator yield?
                 Mr. HART. I  yield.

-------
                STATUTES AND LEGISLATIVE  HISTORY
                               1617
  Mr.  GRIFFIN. I  do not know. I
take the Senator from  Maine at  his
word. I do  not know what the position
of the industry  was before his  com-
mittee. I find it inconceivable that they
would ask  for a  warranty  to go  into
effect 90 days after enactment if there
was a provision in the bill that said it
would not go into effect until a certain
testing procedure was developed;  and
we  have no  idea at the present time
how long it  will  take to develop.
  Mr. HART. I find  in the committee
report language to suggest it was in-
deed the committee's original inten-
tion and, for some reason, apparently
at  Detroit's  request  they put in  the
requirement  that it go  into effect 90
days after enactment. We find in  the
report on page 29, fourth paragraph,
this language:

  The second compliance testins method would
be triggered  by the development of a quick
test procedure. The Secretary  would be re-
quired to develop a test which could be  quick-
ly and uniformly applied  to individual vehicles
on the production line and on the road to de-
termine whether or  not those vehicles comply
or continue to  comply with the standards for
which they were certified.

  Mr.  GRIFFIN. If I may pursue this
further, when we talk about the Secre-
tary developing quick tests, I wonder
if  anybody,  including the  Senator
from Maine, has any idea how much
it will cost to make quick tests avail-
able all over  the country and  how
long it  will take.
  Mr. MUSKIE. If we knew we would
not need to give  the  Secretary discre-
tion, would we?
  Mr. HART. But we  have not given
him discretion in the bill as reported.
  I feel  it would  be preferable to state
something on the order of:

  Within  90 days after  the Secretary estab-
lishes  methods and  procedures for  the  tests
required  that  this  obligation be established.

  I  cannot  understand why  that is
not in the  interest of the manufactur-
ers and  all dependent on the industry.
  Mr. MUSKIE. I find that language
completely acceptable.  I agree  it  is
asking a great deal  to impose a war-
ranty
                           [p. 33096]

before we have a  test to  measure
whether or not the warranty is being
violated.
  The PRESIDING  OFFICER.  The
time of the Senator has expired.
  Mr. MUSKIE. I  yield myself an-
other 5 minutes.
  The PRESIDING OFFICER.  The
Senator from Maine is recognized for
another 5 minutes.
  Mr. MUSKIE. I would be perfectly
agreeable.  May I suggest  that  here
are  three Senators discussing  this
matter. Why do we not decide  what
should be in the bill and  recommend
it to the  Senate? We seem to be  in
agreement. I am for it and the two
Senators are for it.
  I  suggest  we offer the amendment
to the bill and let the Senate act on  it.
  Mr. GRIFFIN. I would support the
amendment. It is a  small step in the
right direction,  but  it points out how
ridiculous this portion  of the legisla-
tion is.
  Mr. MUSKIE. Mr. President, if the
Senator  will yield,  as  compared  to
what the  committee had in  the bill, if
it has become  ridiculous  because  of
this  provision,  the  source  of the
ridiculousness is not the committee.
  Mr. GRIFFIN.   Mr.  President,   I
yield myself  5 minutes.
  It is ridiculous to say a warranty
shall be effective 90 days after enact-
ment when  there is no testing pro-
cedure  available. It  would  also  be
ridiculous  to say the warranty pro-
vision would be effective 90 days after
the  Secretary develops  a  quick  test,
whatever that  is,  when we have  no
idea  if this  quick test  can  be  made
available  throughout  the  country  in
90  days, how much it would  cost,  or
what would be involved. It  is legislat-

-------
1618
LEGAL COMPILATION—AIR
ing in the dark, and it is ridiculous.
  Mr. HART. Mr. President, let us
take the small step, anyhow.
  I would offer as an amendment the
addition of this language beginning on
page 63, at  line 19, striking nothing,
but inserting prior to the language
appearing on line 19:
  Within  90 days after the Secretary shall
have established feasible methods and  proce-
dures for making testa as  required by sub-
section (b) —
  And,  as  a necessary  conforming
amendment,  I  am advised  that  a
change  on page  82, line 10, would be
required;  namely,  deleting the refer-
ence to  "207 (c)".
  I would inquire of the  manager  of
the bill	
  The  PRESIDING  OFFICER. The
Chair is  advised  by the Parliamen-
tarian that  an amendment is pending.
  Mr.   COOPER.   Mr. President,  I
yield myself 1 minute.
  The  PRESIDING  OFFICER. The
Senator from Kentucky.
  Mr.   COOPER.  I am withdrawing
my amendment to amend section  207. I
think the discussion that insued fol-
lowing  my calling  it up indicates some
of the  problems  that  we had in the
committee.  Since I am no engineer—
in fact, since 1936, I have not owr.sd a
car, nor  have I  driven a car  in  20
years—-I think there are  problems  in
the warranty amendment.  However,
trying  to separate the warranty  as
between  a  construction  and  design
warranty  from  a warranty  which
would extend to performance of auto-
mobiles driven by 100 million drivers
is extremely difficult.
  There  are  provisions  in  the bill
which  seem to  put pressure on the
manufacturers to  produce a  design
which  will  last  50,000 miles or the
life of the car. These include certifica-
tion by the Secretary;  second, a pro-
vision that  it will require testing  on
the production line; third, a provision
               that the Secretary can test it at any
               time; fourth, that the Secretary can
               order recall  of  any number of  cars
               from any  number  of  owners;  and
               finally, penalties of up to  $10,000 if a
               car is put in commerce which will not
               meet these standards.
                 So it  seems  to  me  there was  a
               question as to whether there should  be
               a performance warranty.  As I have
               said, my knowledge is  not sufficient
               to comprehend it. With other problems
               of the committee, we may not have
               gone into it as fully as  we could. I
               wanted to raise the  matter because I
               think it  is proper that we have some
               further discussion of it in  conference;
               but  I withdraw the  amendment.
                 The PRESIDING OFFICER. The
               amendment  of the Senator from Ken-
               tucky is withdrawn.
                 Mr. HART.  Mr. President, I  offer
               an amendment providing that the fol-
               lowing  language be inserted  on line
               19,  page 63:
                 Within  90 days  after the Secretary shall
               have  established feasible methods and proce-
               dures for making tests as required  by sub-
               section  (b) —

                 The PRESIDING OFFICER.  Will
               the  Senator send his amendment  to
               the desk?
                 Mr. HART.  Mr.  President,  this
               amendment is offered by my colleague
               from  Michigan  (Mr. GRIFFIN)  and
               myself.
                 The PRESIDING  OFFICER. The
               amendments offered by the  Senator
               from Michigan will  be stated.
                 The   legislative   clerk   read   the
               amendments, as follows:
                 On page 63, line 19,  after  "(c)",  insert
               "Within 90  days after the Secretary shall
               have established feasible methods and  proce-
               dures for making tests as  required by sub-
               section (b),".
                 On page 82, line 10, strike out "207 (c),".

                 The PRESIDING OFFICER.  Who
               yields time?
                 Mr. MUSKIE. Mr. President, as I

-------
                STATUTES AND  LEGISLATIVE HISTORY
                              1619
have already indicated, I am willing to
accept this  amendment.  I  am  happy
to yield back my time.
  Mr. HART.  Mr. President, I think
I have indicated that the amendment
is offered both by myself and my col-
league (Mr. GRIFFIN).
  I yield back my time.
  The PRESIDING  OFFICER.   All
time  on  the amendment having been
yielded back, the question is on agree-
ing, en bloc, to the  amendments of-
fered by the Senator  from Michigan
 (Mr.  HART)  for himself  and  Mr.
GRIFFIN.
  The amendments were agreed to en
bloc.
  Mr. COOPER. Mr.  President, I call
up  two  amendments which were to be
offered  by the  Senator from Tennes-
see (Mr. BAKER),  but which have not
yet been called up.
  The PRESIDING  OFFICER.  The
amendment will be stated.
  The  legislative  clerk  read   the
amendment, as follows:
  On pagre 90, line 24, after the word "know-
how"  insert the following: "which is  being
used or  intended for  public or commercial
use and".

  Mr.  COOPER.  Mr. President,  it
was necessary for the junior Senator
from Tennessee (Mr. BAKER) to leave
the city. Prior to his departure he
sent  to the desk two amendments to
modify  section 309 regarding manda-
tory  licensing. I  understand  he  dis-
cussed   the  amendments  with   the
manager  of the bill  (Mr. MusKIE)
 and the manager on the minority side
 (Mr. BOGGS). I believe there is no op-
 position to the amendments. The Sena-
tor from Tennessee asked if I would
 call the amendments up for adoption
 and include for the RECORD his state-
 ment in support of the amendments.
   To  the  extent  that  section   309
 covers all know-how and trade secrets
 known  to the owner of my patent,
 know-how or  trade  secret, it is too
broad to be meaningful. It is impor-
tant  that  any  know-how  or trade
secrets  used  in  the manufacture of
commercially available  devices,  vehi-
cles  or engines  be licensed, but  it
would  be  unworkable  to require all
industries  to  disclose   all know-how
and trade secrets, whether used  com-
mercially or not.
  Thus, the section should be limited
to know-how  or trade  secrets  used
commercially, whether  or not the sec-
tion is limited to the  industries  cov-
ered in title II.
  Mr.  MUSKIE.   Mr.  President,  I
discussed  this  amendment with the
Senator from Tennessee and the  Sen-
ator from Kentucky.  The  American
Bar Association patents section raised
this question. It is a technical matter.
I am perfectly willing to accept the
amendment, and also the next amend-
ment  which I think the Senator will
offer. I think there is  no objection on
the part of the committee.
  The  PRESIDING   OFFICER.  Do
Senators yield back their time?
  Mr. MUSKIE. I yield back my time.
  Mr. COOPER. I yield back my time.
  The  PRESIDING  OFFICER. All
time  on the  amendment  having  been
yielded back, the  question is on agree-
ing to the amendment offered by the
Senator from Kentucky.
  The amendment was agreed  to.
  Mr. COOPER. Mr. President, I send
to  the desk  the  other  amendment
which was intended to be offered by
the  Senator  from Tennessee  (Mr.
BAKER) .
  The PRESIDING  OFFICER. The
amendment will be stated.
  The  legislative   clerk  read  the
amendment, as follows:
  On page 92, beginning at line 7: strike out
the subsection  (c)  and subsection  (d) and
insert the following  new subsections:
  "(c)  If the owner  of  any United  States
letters  patent,  patent  application, trade  se-
cret, or know-how and any applicant for a li-
cense thereunder pursuant to subsection (a)
are unable to agree  upon reasonable royalties

-------
1620
LEGAL  COMPILATION—Am
to be charged under  such  license  or  upon
any other  provision which might be included
in such  license  pursuant  to  subsection  (b),
either party may  seek  a  declaration of the
amount  of royalties to be  charged  or  any
other provision of such license  in  an action
for declaratory judgment under  Sections  2201
and 2202  of  Title  28  of  the United States

                             [p. 33097]

Code in  a court  of  competent jurisdiction
regardless  of  the  amount in controversy or
the citizenship of the parties.
  "(d)   The court, in  issuing any  order or
judgment  on  any  action brought  pursuant
to subsection  (c) of this  Section may award
or apportion  the cost  of  litigation,  including
reasonable attorney and  expert witness  fees
whenever the court determines that such action
will do justice in the case.
  "(e)  Nothing in this section  shall be  con-
strued to grant  an exemption from  the  anti-
trust laws of  the United States or  any judg-
ments, ordered or decreed  thereunder."

   Mr.  COOPER. Mr. President,  this
is  the  other amendment that was to
have been offered by the junior Sena-
tor from Tennessee (Mr. BAKER). He
asked  me if  I would call  it  up. He
informed me that  he  had  discussed
it with the manager  of the bill  (Mr.
MUSKIE)  and  th«  manager  on  the
minority side  (Mr. BOGGS).
   Senator BAKER  has an explanation
of some  length, which I  shall  not read
in full but  summarize it in substance,
as I understand it. Under  this section
of the bill, if there were a  matter
which  came to arbitration as to royal-'
ties, it would be resolved through the
rules of the American Arbitration As-
sociation. Senator BAKER'S amendment
would   provide   for  substituting  a
judicial   declaratory   judgment  ap-
proach to resolve royalty  disputes in
the place of  the compulsory  arbitra-
tion route.
   I ask  unanimous  consent  that the
complete statement  of the   Senator
from   Tennessee  be  printed  in  the
RECORD.
   There being no objection, the state-
ment was ordered to be printed in the
RECCED, as follows:
                        DECLARATORY JUDGMENT ROUTE

                   Section 309(c)  of the  bill, as amended in
                 Committee, deviates from other provisions of
                 the bill with respect to the manner in which
                 disputes arising under the  act  should  be re-
                 solved.  It heaps compulsory arbitration upon
                 compulsory  licensing, without any  right of
                 judicial review.
                   The bill provides for arbitration  under the
                 rules of  The American  Arbitration Associa-
                 tion  then  in effect.  Congress has no  control
                 over those  rules  and they  may be changed
                 over night  without  Congressional control or
                 approval. On the other hand, the rules under
                 which the federal  judiciary operates are  sub-
                 ject  to  control by Congress and the  proce-
                 dures available in the Federal  Courts under
                 the  declaratory judgment  statute are  well
                 established  and adapted  to  resolve disputes
                 over such things as royalty rates and  protec-
                 tion  of  know-how and trade secrets against
                 disclosure to unauthorized persons.
                   The purpose  of  substituting the declaratory
                 judgment route for the compulsory arbitration
                 route, is not only to utilize  well known, estab-
                 lished procedures  in  the Federal  Courts  but
                 also  to  establish legal precedents  to  aid in
                 the implementation of the legislation.
                   Utilization of the federal  judiciary will also
                 maintain a  balance  between the  Executive
                 Branch  and the  judiciary  in implementation
                 of all of the provisions of  the act instead of
                 relegating the determination of  legal relation-
                 ships to lay arbiters outside the framework of
                 our national government.
                   The  provision  for  awarding or allocating
                 costs, attorney  and  expert  witness  fees is
                 substantially the same as  that set forth in
                 Section  304(b)  with  respect to citizen  suits
                 and  allows for the  application of equitable
                 principles in allocating such costs  to prevent
                 injustice.

                    Mr.  MUSKIE. Mr. President, I have
                 already  indicated that I have  dis-
                 cussed  this  matter  with the Senator
                 from Tennessee and  the Senator from
                 Kentucky. This is another amendment
                 in response to questions raised by the
                 section of the American Bar Associa-
                 tion dealing with this  subject. I think
                 it makes sense. I support the amend-
                 ment,  and I yield back the remainder
                 of my time.

                    The PRESIDING OFFICER. Does
                 the Senator from Kentucky yield back
                 the remainder of his  time?
                    Mr. COOPER.  I yield back the re-
                 mainder  of  my time.

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                STATUTES  AND  LEGISLATIVE HISTORY
                                1621
  The  PRESIDING  OFFICER.  All
time  having  been  yielded  back,  the
question is on agreeing to the amend-
ment offered by  the  Senator from
Kentucky  in  behalf  of the  Senator
from Tennessee  (Mr.  BAKER)-
  The amendment was agreed to.
  Mr. RANDOLPH. Mr. President, I
send  to  the desk an amendment,  and
ask for its immediate consideration.
  The  PRESIDING  OFFICER.  The
amendment will  be stated.
  The  legislative  clerk  read  as  fol-
lows :

  On page 69, line  20, insert after "except"
the following: "In the case of vehicle or ve-
hicle  engines".
  On page 70, lines  22 and 23, strike "partic-
ularly such  control,  regulations  or  restric-
tions  necessary". On line  23 after "with" in-
sert "plans for the  implementation of".

  Mr. RANDOLPH. Mr. President, I
have discussed this amendment with
the  able  Senator  from  Maine,  the
chairman of our  subcommittee.
  The language  of section 210, as re-
ported, seemed  to  me not  to  appear
to fully reflect the intent of the com-
mittee  with  regard to  Federal  pre-
emption for aircraft, as well as vessels
and   commercial  vehicle  operations.
The  omission on page 69,  line 22 of
the word, "vehicle," before the word
"engines"  clouds the  precision of the
preemption and   raises  the  question
of  whether  States  will   have  the
authority to  require  more  restrictive
emission  standards   for   aircraft
engines  than  those established by the
Secretary  under section 202(a). This
problem can  be  remedied  by the ad-
dition on line 20 after the word  "ex-
cept",  the  words: "in  the  case of
vehicles and vehicle engines".
  Mr.  MUSKIE.  Mr.  President,  I
think the  amendment  clarifies the in-
tent of the legislation, and I support
it. I  yield back  the remainder of my
time.
  The PRESIDING OFFICER. Does
the Senator from West Virginia yield
back the remainder of  his time?
  Mr.  RANDOLPH. I do.
  The  PRESIDING  OFFICER.  All
time having  been  yielded  back,  the
question is on agreeing to the amend-
ment of the Senator from West Vir-
ginia.
  The amendment was agreed  to.
  Mr.  RANDOLPH. Mr.  President, I
send to the desk  another amendment,
and ask for its  immediate  considera-
tion.
  The PRESIDING OFFICER.  The
amendment will  be stated.
  The  legislative  clerk  read  as  fol-
lows:

  On page 10, line  20, insert the following
language as a new  paragraph (4) at section
109(a):
  "Section  109 (a)  (4):  The Secretary may
establish a  standing consulting Committee for
each air pollution agent or  combination  of
agents  published  pursuant to subsection  (a)
(1)  of  this section, which  shall be comprised
of technically qualified  individuals representa-
tive of  state and local governments,  industry
and  the academic community.  Such Committee
shall recommend to  the Secretary appropriate
information as he may request  on  pollution
control techniques applicable to such air pollu-
tion agent or combination thereof for distribu-
tion to  the States and to appropriate  air pol-
lution control agencies.  Such information shall
include  (!)  data relating; to the technology and
costs of emission control, (ii) such data as are
available on the latest available technology
and alternative methods  of  prevention and
control  of  air pollution,  and  (iii)  data  on
alternative  fuels,  processes,  and  operating
methods which will  result in  elimination  or
significant  reduction  of emissions."

  Mr.  RANDOLPH. Mr.  President, I
have  also discussed this amendment
with the  able Senator  from Maine.  It
is my  belief that since enactment of
the  1967 amendments to the  Clean
Air Act,  it has become apparent that
one of the deficiencies in the operation
of the National Air Pollution Control
Administration has been the agency's
lack of   understanding of  industrial
pollution  control  techniques. It is, of
course, easy for Government to arrive
at  a set  figure for industry to meet

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1622
LEGAL COMPILATION—AIR
without giving  due consideration  to
whether  those requirements  are ob-
tained on the basis of available con-
trol technology.
  At  times  Government officials may
believe that where the literature sets
out a method which has been proven
in the laboratory  or in  a pilot plant,
then this method  can  be successfully
utilized by industry in  abating a given
air pollution  problem. This  may  or
may  not be true.  Occasions  have
arisen when there has been a distinct
conflict between  inexperienced Govern-
ment  technical personnel and  industry
representatives who must do the "nuts
and bolts" work of solving a given air
pollution problem. For that reason, I
believe it is important that the Secre-
tary of Health, Education, and Wel-
fare have the authority to establish
standing consulting committees on the
pollutants  for  which criteria  have
been  issued. These standing  commit-
tees would  advise the  Secretary  on
the appropriate  control technology for
each  pollutant.  Following the pro-
cedure   specified,  the  information
would then  be  issued to  State and
local  control agencies  in the  form of
a control techniques document.
   Senators have noted that we use the
language "as he  may request." Cer-
tainly this  would be  done after con-
sultation  with  appropriate  advisory
committees  and Federal departments
and agencies.
   It should  be emphasized  that under
the present  language of section 107 (c)
of the Clean Air Act,  the Secretary
of Health, Education, and  Welfare  is
authorized to issue to the  States and
appropriate  air   pollution   control
agencies information on recommended
pollution control techniques after con-
sultation with  appropriate  advisory
committees  and Federal departments
and agencies.
   All of us recognize that air  pollu-
tion and its control is a major issue
facing the country today. We all want
               to improve the quality of the air we
               breathe as rapidly as possible. How-
               ever, in the process we  need to use
               care that the control methods which
               are recommended by Government are
               based on available con-

                                          [p. 33098]
               trol  technology  and  not merely on
               theoretical considerations.
                 I sincerely believe the amendment I
               have proposed today  would be  help-
               ful in  assuring that the control tech-
               niques recommended by NAPCA are
               practical  ones and ones  capable of
               being  used successfully  by industry
               in the strenuous  efforts which will be
               needed  if this country is to solve its
               air pollution problems.
                 I commend, as  I have done on many
               occasions, the able  leadership of the
               Senator from Maine  (Mr. MUSKIE).
               I  compliment him  for  the work he
               has  done on this important bill.
                 Mr.  MUSKIE. I thank the distin-
               guished Senator  from West Virginia.
                 I  have  indicated my willingness to
               accept this amendment. Before doing
               so, I would like  to reemphasize  that
               the  concept of this bill as it relates
               to national ambient air quality stand-
               ards and the deadlines  for the  auto-
               mobile  industry  is not keyed to any
               condition  that   the  Secretary  finds
               technically and  economically  feasible.
               The concept is  of public health, and
               the  standards are uncompromisable
               in that connection.
                  Nevertheless,   under the law  since
               1967, and after the enactment of thia
               law if  it becomes law, there is a re-
               quirement on the Secretary, when he
               issues the criteria documents, to issue,
               in addition, information  on the tech-
               nology available  to deal with the pol-
               lutants in question.
                  The  amendment  of  the   Senator
               from West Virginia  would create a
               mechanism in the form of consulting
               committees to provide information to
               the  Secretary on  request.

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                 STATUTES AND  LEGISLATIVE HISTORY
                                1623
   Mr. EANDOLPH. That is right.
   Mr. MUSKIE. To assist him in pre-
paring those  technological documents.
I think it would be a most  useful de-
vice,  and  for  that  reason,  I support
the amendment.
   Mr.  RANDOLPH.  Mr.  President,
commenting just briefly  further, not
desiring1 to take  additional  time, ex-
cept to underscore what I have said:
This  is  not a matter  of competition
between Government and industry. I
think, actually,  we  can  complement
one the  other in an effort  to achieve
the technology which is needed.
   I appreciate the  reasonableness of
the position taken by the able Senator
from  Maine.
   Mr. MUSKIE.  I yield back the re-
mainder of my time.
   Mr. RANDOLPH. I yield back the
remainder of my time.
   The  PRESIDING  OFFICER.  All
time  on  the  amendment  has  been
yielded back. The question is on agree-
ing to the amendment  of the Senator
from  West Virginia.
   The amendment was agreed to.
   Mr. MUSKIE. Mr. President, I yield
3  minutes to the distinguished  Sena-
tor from  Kentucky  (Mr.  CoOK)  on
the bill.
   Mr. COOK. Mr. President, yester-
day the  Senate took up  consideration
of S.  4358, the National  Air Quality
Standards  Act of  1970. All of  the
members  of the  Public  Works  Com-
mittee deserve credit for their tireless
efforts in  marking up and  reporting
out what  may very well be one  of
the most significant pieces of legisla-
tion of the 91st  Congress.
  Of  course, much attention has been
focused on certain sections of the bill,
such  as  section   202  which requires
that  1975  model  automobiles achieve
at least a  90-percent reduction from
the 1970 emission standards.
  Because of this very close examina-
tion of these sections by many of my
distinguished  colleagues, I  shall con-
fine my remarks to section 306, "Fed-
eral procurement."
   It is with great  interest that I take
up this  section, because on March 20
I  introduced  S.   3614,  the  Federal
Procurement and  Environmental  En-
hancement  Act of  1970.  In essence, it
would  prohibit all  departments,  in-
dependent agencies, and other instru-
mpntalities of the United States using
federally  appropriated  funds, from
purchasing goods,  materials and serv-
ices from  any person  operating in
violation of Federal air  or water  pol-
lution control laws. On May  6 I testi-
fied  before  the  Air and  Water Pollu-
tion Subcommittee on behalf  of  this
measure—which, incidentally, was  co-
sponsored by 10 of my colleagues, in-
cluding the distinguished senior Sena-
tor  from  Montana.   Also,  the  dis-
tinguished  chairman  of the Air  and
Water  Pollution Subcommittee intro-
duced two major air and water quality
bills containing similar,  but less com-
prehensive  provisions.
   With  three exceptions, I shall  not
explain in  detail the provisions of S.
3614. However, I  ask unanimous con-
sent that my testimony  be printed in
the RECORD at this point.
   There being no  objection, the testi-
mony was ordered  to be printed in the
RECORD, as  follows:

        TESTIMONY OP SENATOR COOK
  Mr. Chairman, I thank this very busy and
productive subcommittee for allowing me the
opportunity to  discuss the concept of  pro-
hibiting  the  federal  government  from  pur-
chasing goods or  services from persons in
violation of federal pollution  control laws.
  On March  20, I introduced S.  3614,  the
"Federal  Procurement  and   Environmental
Enhancement  Act of  1970," which would ac-
complish this  purpose  by amending  the Clean
Air and  the Federal Water Pollution Control
Act. If  enacted, it would prohibit  all depart-
ments, independent agencies and other instru-
mentalities of  the United States using federally
appropriated  funds from  purchasing goods,
materials and services  from any person oper-
ating in  violation of these two laws.  It would
require  the establishment of  contract regula-
tions and the insertion thereof, in all federal

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1624
LEGAL  COMPILATION—AIR
procurement contracts.
  Sections 13(B)  (C) and 113 (B)  (C) make
mandatory the establishment of contract regu-
lations, and the insertion thereof, in all federal
procurement contracts.
  By Section  (C) (1), the contractor or seller
agrees to furnish adequate proof or compliance
with  the  aforementioned air and  water pollu-
tion  acts. I would  interpret this  to  mean a
simple statement of compliance. In the alterna-
tive,  at the time  of contract the  seller agrees
to implement an  affirmative plan  for compli-
ance  pursuant to those acts.
  This  section takes into account  those man-
u'acturerg who  are  earnestly trying to comply
with  federal  pollution laws,  while  penalizing
those who refuse  to comply. At the discretion
of  the  Secretary,  it  also  permits the  trans-
action  of business   with  those  persona  who
have  filed implementation schedules  with  the
Federal  "Water  Pollution  Control Administra-
tion  and the National  Air  Pollution Control
Administration.
  Second, upon  notice  of  a  violation—and
with notice  to the  seller—the  government is
compelled to terminate   the  agreement.  Sec-
tion  (C) (2)  also relieves the government  of
any damages, penalties or other  liabilities.
  Third,  Section   (C> (3)  permits  the  con-
tinuance  of  a contract,  otherwise terminated,
if  the  seller  has implemented an  affirmative
plan or  schedule  pursuant  to  the  Air  and
Water  Pollution Control Acts.
  Fourth, the  last  contractual  requirement,
Section  (C) (4) exempts  the government from
adjusting either the contract price or the de-
livery or  performance schedule due to continua-
tion  of the agreement under (C)(3).
  A  distinction is  made in  Section  (F)  be-
tween a  "contract  directly related to a pollu-
tion  action"  and all others.  Only in the for-
 mer  would the termination,  continuance,  and
exemption procedures of  (C) (2), (3) and  (4)
 apply.  The  Secretary of the Department  of
 Health,  Education, and  Welfare  or of  the
Department of the Interior,  after consulting
with the appropriate contracting agency head,
determines the direct relatedness  of the pol-
lution action to the contract.
  Aa an example, where  the  "X" Supply
 Company's paper  factory  is  violating either
the  Air  or  Water Pollution Control  Law—
 all "X"  paper  contracts  with the government
 are  subject   to   immediate  suspension   and
 termination.  However, all other  "X"  contracts
 supplying other office equipment are not sub-
 ject  to this immediate  action.
   Section (F) is  intended  to prevent undue
 chaos  where  a  large  manufacturer supplies
 a  diverse number  of items  to  many govern-
 ment agencies. An  immediate end  to all  such
 contracts may  produce  unnecessary  adverse
 effects.  Therefore  this  section  provides  that
 such  contracts  not  directly  related  ' 'shall
                   continue  until  completed, at which time  the
                   prohibition  becomes  effective."  Consequently,
                   once the  government is  notified  that  "XV*
                   paper  factory   is  an   unrepentant  polluter,
                   henceforth, "X" will be ineligible  for  all pro-
                   curement contracts.
                      Section  (A)   declares  that  such  person is
                   ineligible for a  period up to 3 years. At  the
                   discretion  of  the  Secretary,  the   seller  may
                   become eligible  prior to 3 years if he deter-
                   mines that the pollution has been abated.
                      To  insure that  the  vast  reaches  of  the
                   federal bureaucracy are  informed  of  individ-
                   ual  violations,  Section  (B)  causes both  the
                   Secretary  of the Department of Health, Edu-
                   cation, and Welfare and the Department of
                   the  Interior to  establish the necessary notifi-
                   cation procedures.
                      Finally, Section  (D)   exempts  the  Depart-
                   ment of  Defense  from  this act,  if  the Sec-
                   retary  determines   that  such  exemption  is
                   necessary  for national  defense. It  does  pro-
                   vide,  however,  for  public  hearings  on  the
                   pollution  action. In  this  manner, the neces-
                   sary attention  may  be  focused on the prob-
                   lem  to encourage  voluntary compliance.
                      Also,  the  distinguished   chairman  of  this
                   subcommittee  has  introduced  two  bills  con-
                   taining  similar provisions.  Senator  Muskie's
                   S. 3546,  the "National  Air  Quality Standards
                    Act of 1970" and S. 3637, the "National Water
                   Quality  Standards Act  of 1970" state that no
                   federal  department  or  agency  shall  procure
                    goods from  those in violation of  these stand-
                    ards.
                      'Mr.  Chairman,  since the  introduction  of
                    these measures  a  number of objections  have
                    been  raised  questioning the  need and prac-
                    ticability  of such a  prohibition.
                      As to  the first  objection,  I  can  only  say
                    that the  prevention  of  further   degradation
                    of the environment  requires  a total  commit-
                    ment by all—especially the federal  government.
                    With a budget exceeding $200 billion  per year,
                    the  federal  government is  the largest  single
                    purchaser of goods and  services. A substantial
                    portion of this  amount  is for procurement of
                    goods  and   materials   ranging  from  highly
                    sophisticated weapons

                                                      [p.  33099]

                    systems  to  ordinary supplies  necessary   for
                    day-to-day operation.
                      As to its feasibility,   it has long  been  the
                    established  policy  of this government to  de-
                    clare that  an  agreed-upon  public policy be
                    followed in the government's dealings in  the
                    free marketplace. Desired policy has been im-
                    plemented by both executive  fiat and legislation.
                      Legislatively,  the Congress enacted the "Buy
                    American  Act"  (41 USC  10). This law  re-
                    quires  the   use of  American  manufactured
                    materials  and  American  mined   supplies in
                    "every  contract,  for construction,  alteration

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                   STATUTES AND LEGISLATIVE HISTORY
                                      1625
or repair of any  public building".  Failure on
the part of the contractor to comply may result
in his name being placed on  a debarment or
blacklist and declared an  ineligible bidder for
a 3-vear period.
  There have been a variety of standard labor
clauses  dealing with employment  and  labor
and  prescribed for  use  in government  con-
tracts.  The  Davis-Bacon  Act,  the Copeland
Anti-Kickback  Act and  the Work  Hours Act
(5 USC 673(c); 28 USC  1499; 40 USC 327-332)
govern  the  employment of  laborers  and me-
chanics on public works projects. The Davit-
Bacon Act  (40 USC 276a-276a-6)  prescribes
that such employees  are entitled to the mini-
mum  wage as  determined  by the Secretary of
Labor to the prevailing corresponding  classes
of laborers and mechanics or  similar projects
in the locale where the  contract  is to be per-
formed. The Copeland Act prohibits the requir-
ing by a contractor from requiring any "kick-
backs  from any employees  so denned  in  the
regulations." The  Act is intended to aid in the
enforcement  of minimum  wage provisions of
the Davis-Bacon Act and other similar statutes.
The  Work Hours  Act requires that employees
must  be paid at least time and one-half their
basic  rates of pay for hours worked in excess
of eight hours  per day or forty  per week.
  Contracts for the procurement of  services
are governed  by   the terms  of  the  Walsh-
Healy Act, (41 USC 35). Any  contract entered
into by the executive or legislative  branch or
any instrumentality of the United States shall
include  provisions  relating to minimum wages,
child  labor,  maximum  working  hours  and
health and safety  conditions. A breach of any
of these conditions requires  not only the  can-
cellation of the contract, but subjects the party
to fines as well. In 1965,  the  Congress  passed
the Service  Contract Act,   (41  USC 351),  ex-
tending  to  employees of  government service
contracts the  federal minimum  wage law,  a
breach  of this law  subjects the  contractor  to
cancellation and the  difference  in  the wages
paid and what  is required  by law to be paid.
  Because of Congress*  concern  with  the de-
cline  of the small businessman,  41 USC 252
provides that "a  fair proportion of the  total
purchases  and contracts   for  property  and
services  for  the  government  shall  be  placed
with small business concerns."
  By  executive action  all  government  con-
tracts and subcontracts must contain an equal
opportunity clause prohibiting  contractors from
discriminating  against employees on the basis
of race, color, creed, religion or national origin,
in hiring, promotion,  pay  rates and job train-
ing.  The contract clause also requires  affirma-
tive action on  the part  of the contractor and
compliance  with  executive  orders  10925 and
11246, and regulations issued by  the Secretary
of  Labor pursuant  to  those orders.  It  also
requires the  filing of  reports and for termina-
tion in casea of non-compliance.
  The protection  of  American industry small
business,  and the social  and civil  rights  of
the  American  laborer are  all  worthy of  a
firm  governmental  policy   of  enforcement
through  the  procurement  of goods  and serv-
ices.  I  contend  that the protection   of  the
environment  deserves no  less  a firm  policy.
  An additional question  raised  about  S.  3614
is  the lack  of hearing  procedures ensuring
a fair termination because of a pollution vio-
lation. Experience has shown that the  time
consuming and complicated procedures required
by  the  Federal  Water Pollution Control Act
provides  moie than ample opportunity  for  an
alleged polluter to be accorded a full hearing:.
In regard to  hearings on the contract cancella-
tion due to a pollution violation, the existing
standard government contract procedures  gov-
erning such  matters  would  apply.  However,
if  the present regulations are  inadequate,  I
support any  necessary curing  legislation.
  Also, after reviewing all the pending  legisla-
tive  measures,  it  appears that  they are lim-
ited  in application to the Federal Water Pol-
lution  Control  Act and  the  Clean  Air  Act.
However, because of the  long and tedious en-
forcement  procedures involved in these  acts,
the  Department of Justice  has recently  filed
charges under an  obscure  1899 federal  statute.
This law, Section  13 of the  River and Harbor
Act, (33 USC 407),  prohibits  the dumping or
depositing  of "any refuse matter of any  kind
or description"  into any  navigable  water  or
tributary  thereof.  I  suggest, therefore,  that
the  subcommittee  also consider applying  the
governmental procurement ban to those persona
found in violation  of this law.
  Mr.  Chairman,  while  the Congress  is  con-
sidering  these hills, the Executive Branch  has
also  expressed an interest  in this  idea.  On
February  21  I  wrote to the  Secretary  of  De-
fense concerning  the President's February  4
executive  order   in  regard   to  the  preven-
tion, control  and  abatement of air  and water
pollution  at  all federal  facilities.  In the  let-
ter,  I  suggested  that the Department  of  De-
fense take the  lead in  administratively  im-
plementing—by amending the Armed Services
procurement  regulations—the  suggestions that
later developed into  S. 3614. The Department
ruled that  a White House directed inter-agency
task  force was  exploring the  possibility  of
developing "a comprehensive  federal program
for utilizing  purchasing, contracting and other
policies to  reduce environmental pollution".  (At
this  point, I insert for the record,  copies of
this  correspondence.) I have requested a status
report on the work of the task force, but thug
far I have received no reply.
  On February 24, I wrote a letter to every
cabinet level  department requesting their com-
ments on  the implementation of the procure-
ment ban  at the  department level. Most  of
the  replies stated that   (1)   any revision  of
procurement  contracts should  be directed  to

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1626
LEGAL COMPILATION—AIK
the  General  Services Administration,  or  (2)
the  White House is presently  studying  this
matter. However, the Department of  Interior
replied  that  they have "reached the  conclu-
sion that we must  include provisions in  our
contracts and grants requiring contractors  and
grantees to comply with regulatory standards."
But, the Department also recommended that to
have the desired effect any such procurement
requirement must have government-wide appli-
cation.  (I include in the record,  my letter
and the replies  from  Interior  and the other
departments.)
  Mr.  Chairman, the federal government  has
an obligation to provide  moral leadership in
the  fight for a livable environment. The pas-
sage of this legislation would  not only be a
positive step in this direction,  but also give
industry additional  incentive to  comply with
existing law. I, therefore, urge  the  subcom-
mittee  to give  serious consideration  to  this
proposal.

  Mr. COOK. Mr.  President, section
306  of  the   committee   bill,  while
similar in principle, departs consider-
ably from  S. 3614 and the existing law
upon which it was modeled. First,  the
procurement  prohibition  takes effect
only  upon  a "knowing"  violation  of
standards  defined in  the act.  I  see no
reason for the  insertion  of an  ad-
ditional  factor which can  only work
to the detriment of the purpose of  the
section. The  word "knowing" creates
a presumption not  found  in  similar
and existing  laws.
   Other  Federal  procurement laws
are not encumbered by such language.
The Buy American Act—41 U.S.C. 10,
10 (b)—bars  a contractor from Gov-
ernment  work  for  a  period  of 3
years upon "a failure to  comply with
such   provisions"  of  that  act.  The
Walsh-Healy Act—41 U.S.C.  35—re-
lating to minimum  wages, maximum
working hours, child labor laws, and
health and safety conditions, subjects
a violator to its penalty provision upon
"any  breach or  violation  of  any  of
the stipulations" in the contract. Also,
the Service Contract Act—41  U.S.C.
351—which  extends  to  employees  of
Government service contracts the Fed-
eral  minimum wage law,  subjects a
violator to the  procurement penalty
                upon "any violation" or "when a viola-
                tion is  found." Mr.  President, I con-
                tend that pollution  violators deserve
                no greater protection than other law-
                breakers.
                  Another major  difference between
                the two measures  is that section 306
                of the committee bill only applies pro-
                spectively. Therefore, a polluter pres-
                ently  in  violation  of   air  quality
                standards is allowed to  continue  any
                existing  contract,  and   to  continue
                profiting from  the  U.S. Government at
                the expense  of the community. How-
                ever,  S. 3614  applies not  only pro-
                spectively, but also  provides for the
                cancellation  during  the  life  of  the
                contract should  a pollution  violation
                occur after  both  parties enter  into
                the agreement.
                  Again, I  can  only cite the Walsh-
                Healy Act which permits the Federal
                Government  to cancel  a  contract  and
                "to make open  market  purchases or
                enter into other contracts for the com-
                pletion  of the original contract, charg-
                ing any additional cost to the original
                contractor."  The Service Contract Act
                also provides  for  "cancellation"  and
                the charging of  additional cost.
                  The  PRESIDING  OFFICER.  The
                time of the Senator  has  expired.
                  Mr. MUSKIE. I yield 2  additional
                minutes to the Senator.
                  Mr.  COOK.  The last  major  differ-
                ence between the two measures is  that
                S. 4358 would apply the procurement
                ban only to  "any  facilities  subject to
                such  action  by  the  court which are
                owned,  leased, or  supervised by such
                person." In  explaining this language,
                the committee report states  that  pro-
                curement sanctions  are limited  "to
                contracts affecting  only the  facility
                not  in   compliance,  rather  than  an
                entire  corporate entity  or  operative
                division."  It  further  states  that a
                company with a  "contract unrelated
                to the  violation" is  eligible  for busi-
                ness with the  Federal Government. I
                must differ with the  committee on this

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                  STATUTES AND LEGISLATIVE  HISTORY
                                  1627
point. It  is  possible, even  with  the
strong sanctions contained in this act,
that  a large  and  diversified  corpora-
tion  may  continue  its  multi-million
dollar contractual arrangements with
the  Government  even though one  of
its plants  or factories is guilty of  a
so-called "unrelated  violation." I can
see no reason for such distinction.
   A  company is  either  in compliance
with the law,  or it is not  in compli-
ance.
   The Government will either do busi-

                              [p. 33100]
ness  with pollution lawbreakers, or  it
will  not  do  business  with pollution
lawbreakers.
   If  a total procurement ban is in ef-
fect  for the entire  company it will
certainly  encourage  compliance with
the law. That I believe  should be  the
purpose  of section  306.  That is  the
purpose of S. 3614.
   Mr. President, I feel  very strongly
about the  points  I  have  discussed.
However, I  am  fully aware of  the
pressures that the Public Works Com-
mittee operated under in drafting this
far-reaching  legislation.  I  commend
the  committee  for reporting  out  the
most stringent  pollution  control  legis-
lation in  history.  Therefore,  in  order
that  the  Senate  conferees  may  press
for complete acceptance  of the bill  in
conference with the House, I decline
to offer  my suggestions  as  amend-
ments. However, since the  House  bill
differs from  ours, I fully  expect  my
distinguished colleagues to  retain sec-
tion  306 in conference.
   Mr. MUSKIE. I yield myself 2 min-
utes.
   Mr. President, I compliment the dis-
tinguished Senator from Kentucky for
having  pressed  this concept. Had  it
not  been  for his  interest,  I  am sure
that we would not have  it  even  in  its
present form in the committee bill.
   I  ask unanimous  consent to have
printed at this point in the RECORD the
portion of the committee report relat-
ing  to  this  subject, so  that we  may
have a full understanding of what the
committee had  in mind.
  There  being  no  objection, the ex-
cerpt was ordered to be  printed in the
RECORD, as follows:

     SECTION 306.  FEDERAL PROCUREMENT

  The  Committee   considered  proposals  of-
fered by Senator Muskie and by Senator Cook
to assure that  the Federal  Government does
not  patronize  or  subsidize polluters  through
its procurement practices and policies.
  Section 306  would make  any  person or
corporation  who fails to comply with a court
order  issued under this Act  or who is  con-
victed of a knowing violation of  any sched-
ule  or  timetable of  compliance, emission re-
quirement,  prohibition,  emission  standard,
or standard of performance,  ineligible  for a
Federal contract for any work to  be  done at
the  polluting facility. This ineligibility  would
continue until the  Secretary  certifies that the
facility is in compliance with the  court order
or the provisions of the Act.
  This  section  would  be limited, whenever
feasible  and reasonable,  to  contracts  affect-
ing  only the facility not in compliance, rather
than an entire corporate  entity or operating
division.
  There might  be  cases where a  plant could
not  participate in a Federal contract  due to
a violation  but  another plant owned by the
same company  might bid  and transfer work
to the first plant.  This type  of action  would
circumvent  the  intent  of this  provision. In
this case, the company's second facility should
also be barred from bidding until the first plant
returns to compliance.
  There would  also be  instances  where a
second plant within a  corporation was  seek-
ing  a contract unrelated  to  the violation at
the  first plant. In such a case, the unrelated
facility should  be  permitted  to bid  and re-
ceive Federal contracts.
  It is  anticipated  by the  Committee that
the  Executive Branch  will,  in  the  near fu-
ture, publish new  Federal contract guidelines
that will enable  the Federal Government to
suspend or revoke a contract once  the con-
tracting party is found  to be in noncompliance
with  the  air  pollution  standards  or  other
requirements of this Act. This executive  action
would  be  specifically  mandated  by  section
306(c).
  The effectiveness of  this section would de-
pend  on  fast,  accurate dissemination  of in-
formation. All  Federal agencies would  have
to be rapidly  apprised of any abatement or-
der  or conviction  which would bar a facility
from  eligibility  for Federal contracts. The

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1628
LEGAL COMPILATION—AIR
Secretary  would  also have  to  act expedi-
tiously to certify that a facility had  achieved
compliance, and notify all  Federal  agencies
of that fact. Delays  in reporting such  infor-
mation, leading  to  inaccurate  public dis-
closures,  would  quickly  render  this  section
unworkable.

  Mr. MUSKIE.  Mr. President, ear-
lier I sent to the  desk an amendment
on behalf of myself and the Senator
from Kentucky (Mr. COOPER). I call
up the amendment at this time.
  The PRESIDING  OFFICER. The
amendment will be stated.
  The assistant legislative  clerk pro-
ceeded to read the amendment.
  Mr. MUSKIE. Mr.  President, I ask
unanimous consent that further read-
ing  of  the amendment  be  dispensed
with.
  The PRESIDING OFFICER. With-
out  objection,  it  is so  directed; and,
without objection,  the amendment will
be printed in the  RECORD.
  The amendment is as follows:

  On  page 48,  line  11, insert the following
new  paragraph (4),  and renumber  succeed-
ing paragraphs:
  "(4) Six  months  following enactment  of
this  section,  and  each  year  thereafter,  the
Secretary  shell report to the Congress with
respect to the development of systems nec-
essary to implement  the emission  standards
established pursuant  to this section.  Such re-
ports  shall include information regarding the
continuing effects of  such air pollution  agents
on the public health and welfare, the  extent
and progress of efforts being made to develop
the necessary  systems,  the  costs associated
with  development and  application  of such
systems,  and, following such hearings  as  he
may deem advisable,  any recommendations for
additional Congressional  action  necessary  to
achieve the purposes  of this  Act.  In gathering
information for the purposes of the paragraph
and in connection with any hearing,  the pro-
visions of subsection  (5) (B)  of this section
shall apply."

   Mr. MUSKIE. Mr.  President, this is
an amendment which I offered  in com-
mittee  in  lieu  of the judicial  review
amendment which Senator  COOPER in-
troduced  and  which  the  committee
adopted.  Nevertheless,  the  Senator
from Kentucky (Mr.  COOPER)  thought
                that this provision ought to be includ-
                ed as  complementary  to  his  amend-
                ment on  judicial  review,  because it
                provides for periodic reports to Con-
                gress on the development  of systems
                necessary to implement the  emission
                standards established pursuant to this
                section.
                  I think that  those reports would be
                useful  to Congress. I think they would
                be useful to us in evaluating any re-
                quest for an extension  of the deadline
                that might  be  made. So I  offered the
                amendment,  and  the  Senator  from
                Kentucky supports it, and, so far as I
                know,  the whole committee does.
                  Mr.  COOPER. Mr.  President, will
                the Senator yield?
                  Mr.  MUSKIE. I yield.
                  Mr.  COOPER. Mr. President, I am
                glad  the  Senator  has  offered  this
                amendment. It would present to Con-
                gress, I believe, every 6 months	
                  Mr.  MUSKIE. Six months  would be
                the  first  one,  and then  every year
                thereafter.
                  Mr.  COOPER. Progress on this bill;
                so if it became apparent  to  Congress
                that some action should be  taken, it
                would  be in a better position to do so.
                I am  very  pleased that the  Senator
                has offered this amendment.
                  The   PRESIDING  OFFICER.   Do
                Senators yield back their  time?
                  Mr.  HANSEN.  Mr. President, be-
                fore that, will the Senator yield?
                  Mr.  MUSKIE. I yield.
                  Mr.  HANSEN. Mr. President, I was
                just talking with a Member of Parlia-
                ment from Israel.  In  discussing  the
                proposed legislation before the Senate
                this afternoon, he  observed  that the
                nation  of  Israel had  passed similar
                legislation some 8 years ago. He also
                observed  that   that  legislation  had
                never been enforced.
                  My  question  to the  distinguished
                Senator from  Maine  is this: Am I
                correct that if the situation arose in
                time of war or in time of emergency
                when  it was obvious  that the  para-

-------
                   STATUTES AND  LEGISLATIVE  HISTORY
                                    1629
mount interest  of the  country would
require that these standards be held in
abeyance, when other concerns are of
greater moment to us than the quality
of the air under this legislation, does
the  President, or does someone in this
country  have  the  authority  to  sus-
pend  them for  such time as  may be
required,  in order to serve the  para-
mount interest of  the country?
   Mr. MUSKIE.  Congress  has  such
authority, and only Congress.
   Mr. HANSEN. Only Congress. The
President  does not have that author-
ity.
   Mr. MUSKIE.  No.
   Mr. HANSEN.  I thank my distin-
guished colleague.
   The PRESIDING  OFFICER  (Mr.
GURNEY) . The question is on agreeing
to the amendment  of the Senator from
Maine.
   The amendment was agreed to.
   Mr. BOGGS. Mr. President, on  be-
half  of  the  distinguished   minority
leader, the Senator from Pennsylvania
 (Mr. SCOTT), I ask unanimous consent
that a statement by him in support of
S.  4358,  the bill  now  pending before
the Senate, be printed in the RECORD.
   There  being no objection,  Senator
Scott's statement was  ordered to  be
printed in the RECORD,  as follows:

        STATEMENT OP SENATOR SCOTT
  Mr. President, I want to  congratulate  Sen-
ator  Randolph and the members  of the Pub-
lie  Works   Committee on  the excellent  bill
they have  reported to us.  S.  43B8  represents
the  combined  input  of the  Administration.
both Houses of Congress  and numerous  con-
cerned groups from the national  community.
I note with pleasure that  many  of the  pro-
visions of  President Nixon's  S. 3466,  Amend-
ments to the  Clean Air Act, which I  had the
pleasure to work on and introduce, have  been
 included in the Committee version. This leg-
 islation represents  the  highest form  of  non-
 partisan political  cooperation.  Senators from
both sides  of  the aisle took an active personal
interest in developing the strongest  possible
 air  pollution  control  legislation.  The  bill be-
 fore us represents  a dynamic and aggressive
assault on  our national air pollution problems.
  Every year,  200 million  tons  of contami-
nants are  spilled  into the air.  The presence

                               [p. 33101]

of these contaminants is not only dangerous
from a health point of view,  but it  is also
extremely costly in terms of  economic damage
to clothing,  buildings, plant life  and  animal
life.  Unless  this outpouring of contaminants
is  controlled, scientists tell us we may  very
well  experience irreversible  atmospheric and
climatic changes capable of producing a snow-
balling adverse effect to  the health and safety
of our citizens. Four  aspects of this bill are
worthy of special note. They would accomplish:
  1.  The implementation of a system of na-
tional  ambient  air quality  standards to re-
duce at least ten  major contaminants. These
national ambient air quality standards should
provide a minimum level of national air quality
protection.  Along  with national  air  quality
goals and  standards  for newly  constructed
sources  of  pollution, the Secretary of HEW
has  the authority to enforce a  cleaner air
standard.
  2.  The  "Hazardous  Substances" provision
gives the Secretary of  HEW the  authority to
prohibit emissions of  those substances  hav-
ing an adverse effect on the health of the sur-
rounding community.
  3.   Automobile  emissions  comprise nearly
60 percent of our national air pollution con-
trol  problem. By 1975, subject to possible de-
lay of one year, the automobile  industry will
have to meet certain emission  standards. This
provision is tough, but necessary if we are to
make  a serious impact on  our  air  pollution
control problems.
  4.  The  bill  establishes a  novel  concept of
public participation in  the environmental en-
forcement  process.  The citizens  suits author-
ized  in the legislation  will guarantee that pub-
lic officials are making good on our national
commitment  to  provide meaningful  environ-
mental protection.
  Mr.  President.  No  discussion  of  the en-
vironment  would be complete if I were not
to pay a  special tribute to the Hanking Mi-
nority member of the  Sub-committee on Air
and Water Pollution,  the distinguished  Sen-
ator from  Delaware, Mr. Boggs.  Few men in
this  chamber have  contributed  as  much to
the  betterment of our  environment  than the
Senator from Delaware. His efforts,  together
with those  of the Chairman of  the  Sub-com-
mittee, Mr.  Muskie,  and  all  members,  both
Republican  and  Democrat, are  reflected In
this meaningful piece of legislation.
   In 1947, a rare  air inversion over  the town
of  Donora,  Pennsylvania,  trapped emissions
from industrial plants in the Pittsburgh area.
 A  lethal   cloud  of  contaminants  suffocated
Donora for five days.  During this period of
time,  over  twenty people  died and  hundreds
        526-703 O - 73 - 30

-------
1630
LEGAL COMPILATION—AIR
of others experienced severe respiratory prob-
lems. To guarantee that future generations of
Americans can  live without fear of the de-
struction of the very air they hreathe, I urge
immediate passage.

  Mr.  GRIFFIN.  Mr.  President,  I
yield myself  5 minutes.
  The  PRESIDING  OFFICER. The
Senator from Michigan is recognized
for 5 minutes.
  Mr.  GRIFFIN.  The  Senator from
Nebraska (Mr. HRUSKA) could not be
here this  afternoon, but he was very
much  concerned  and wanted  an in-
dicatio.i  of his concern  reflected  in
this debate,  regarding the provision
in  this bill authorizing certain class
actions  against   the  Secretary  of
Health, Education, and Welfare, or  a
manufacturer, in the event of noncom-
pliance.
  As a member of the Committee on
the Judiciary,  it  is disturbing to me
that this  far-reaching  provision was
included in the bill without any testi-
mony  from the Judicial  Conference,
the  Department  of  Justice,   or  the
Office  of  Budget  and  Management
concerning the possible impact this
might  have on the Federal judiciary.
  No hearings were  held. Obviously,
it  is related  to other legislation pro-
viding  for  class  actions—legislation
being  considered  now  by the Com-
merce  and Judiciary  Committees.
  It would seem  to me, even if such
actions were  to be authorized,  that it
would  have been more appropriate to
allow them to be instituted at some
later date, after a period of time had
elapsed,  after  Congress had  an op-
portunity  by  1975 or  1976  to  see
whether these standards could be met.
  But  to  write such  a provision into
this bill  now, without  any idea  of
what it means—especially in terms of
our judicial  system—seems very un-
fortunate.
  The  Senator from Nebraska  (Mr.
HRUSKA), the ranking member of the
               Judiciary Committee, wanted that con-
               cern expressed. I certainly share it.
                 I  yield now to  the Senator  from
               Kentucky.
                 Mr.  COOK.  Mr.  President,  I am
               very much concerned about this, as a
               member  of  both the  Commerce  and
               Judiciary Committees. I suggested at
               a much earlier date that we conceiv-
               ably  in  the respective  committees
               could get together and  make a pat-
               tern for class actions.
                 I  want the  Senate to  understand
               that we  are now  taking up in the
               Judiciary Committee  a  suit  in the
               District of  Columbia that, it is con-
               tended, could possibly include  as many
               as 117 million plaintiffs. There is pres-
               ently a  suit  in  New  York  with
               3,750,000  plaintiffs.   There  was  a
               settlement made in a case, not too long
               ago, which was  a class  action, which
               was settled for a sum of approximate-
               ly  $135   million,  and  the judge in
               writing his  opinion  suggested accept-
               ance of this for some 70,000 or 80,000
               plaintiffs, stating that they should ac-
               cept  this  settlement  because  the
               chances of  their recovery on a trial
               were 50-50, if not less.
                 I  would only  say to  the  Senator
               that I am glad he  brought this  up. I
               am  very  much  concerned about  this
               discussion of a  plaintiff  being able
               to bring an  action which he himself—
               and members like him—seeks, but he
               knows not  whether anyone  else has
               been damaged in any way, shape, or
               form. Yet, we set  ourselves  up here
               in  a position to make  it  more  con-
               venient to settle  a case than  to try it
               on its own merits because of the over-
               all  estimated cost of a trial.
                 I  repeat, I  am  glad  the  Senator
               brought  up  that point, because we
               have been  struggling  between the
               Commerce and Judiciary  Committees
               for many weeks  in an effort  to bring
               up  a motion for  a class action suit.
                 I am sorry that we did not have an
               opportunity to sit down with  the Pub-

-------
                  STATUTES  AND LEGISLATIVE  HISTORY
                                  1631
lie Works  Committee  and come  up
with  basic  standards  for  all  class
action  suits that would  be,  at least,
leg-ally sanctioned by Congress. Suffice
it to say  that I am glad the  Senator
brought it up and that these remarks
are in  the RECORD.
   Mr. GRIFFIN. Mr. President, as in
the case of Senators,  the various in-
terested agencies could not learn about
some  provisions of  this  bill  until  a
text was  finally available on Monday
of this  week.
   Mr.  MTJSKIE.  Mr.  President, let
me say in  response that first, there
were hearings. This  provision was in-
cluded  in  legislation  introduced last
winter.  There was  considerable testi-
mony. We have here, for  instance, the
testimony of Governor Sargent of Mas-
sachusetts,  endorsing it.
   We   have  the  testimony of Paul
Treusch, President of the Federal Bar
Association,  endorsing it.  We have
the testimony of Douglas  Head,  the
Republican  Attorney General  of  the
State of Minnesota,  endorsing  it.  We
have Prof. James Jeans of the Ameri-
can Trial Lawyers Association,  en-
dorsing it.
   Furthermore,  this is  not  a class
action provision. I suggest that Sena-
tors read  it.
   Senate bill  3201, to which compari-
son was made  by the  Senator from
Nebraska   (Mr.  HRUSKA) on  yester-
day, in  a  class  action  bill.  S.  4358 is
not. S.  4358 is limited to  citizens act-
ing on  their own behalf.
   Senate  bill  3201  provides damages
and a  remedy  for recovery  of fines
and restitution,  and  other monetary
damages.  The  pending  bill is limited
to  seek  abatement  of   violation  of
standards  established administratively
under  the act, and expressly  excludes
damage actions.
   Senate bill 3201 provides for redress
of consumer injury.  The  pending  bill
is limited to  an  action  for  enforce-
ment  on  abatement  of violations of
administratively set standards.
   Mr. President, I ask unanimous con-
sent  to have printed in  the RECORD
two staff memoranda prepared for me
in response to the comments yesterday
of  the Senator from  Nebraska  (Mr.
HRUSKA).

   There being no objection, the memo-
randums were ordered to  be printed
in the  RECORD, as follows:

              MEMORANDUM

  1. The Administrative  Procedure Act  pro-
vides that reviewing courts "shall . . .  compel
agency  action  unlawfully  withheld."  The
concept  of  compelling bureaucratic agencies
to carry out their duties is integral to demo-
cratic   society.  Senator  Hruska  mentioned
yesterday an example of where an adminis-
trative  agency  failed to act. The  concept in
the bill  is that administrative  failure  should
not frustrate public  policy and that citizens
should  have  the  right to  seek enforcement
where administrative agencies fail.
  2. Extracts from the hearing record  on ths
citizen suit provision:
  a. Governor  Sargent,  Republican Governor
of Massachusetts,  speaking  on  behalf  of the
National  Governors  Conference in response
to a question  if  he  supported the concept.
Governor Sargent replied as follows: "Yes, I
do. As a matter of fact, in my message to the
legislature  this year, I  proposed  a  bill of
rights  which would give to the citizens of our
State  the right to clean  air, the right to
waters  that are not  contaminated, and th«
opportunity  to  take legal  action if legal ac-
tion is called for."
  b. Paul Treusch,  President  of the Federal
Bar Association "Section 4, by adding  Section
108(c)(13),  authorizes suits  for private en-
forcement of  air  quality standards,  imple-
mentation   plans,  and   emission  standards
established under  this  section.  We are  very
much in favor of this provision. Not only will
this provision help establish a distinct public
attitude of participation in the quality  of our
environment, it will give the  public a prob-
lem-resolving tool  to  protect  and enhance
air quality."
  e.  Douglas   Head,   Republican   Attorney

                             [p. 33102]

General,  State  of Minnesota "The  provision
for  private  civil suits would be supported, 1
believe, by a large number of attorneys  gen-
eral with the caveat .  . .
  "The one  danger that we can gee from the
men that I have talked  with  is  the  multi-

-------
1632
LEGAL  COMPILATION—Am
plicity of  suits  that would  override  compli-
ance  agreement  already  entered into by  the
Pollution  Control  Agency  so  that  I believe
that citizens  should  be  very  carefully corre-
lated  with  the  present  enforcement  provi-
sion so that  we  do  not  unnecessarily dupli-
cate the  enforcement  of  the  law  and  that
we  do not  unnecessarily  clog  up  the  courts
where  we are in fact  making very swift ef-
forts  to enforce,"  The provision as currently
drafted affords these protections.
  d. Professor James Jeans for the American
Trial  Lawyers Association ".  .  . but  we  do
want to commend  the  authors  of the bill for
the recognition  of the value  of private  ac-
tions  in a  democratic society."
  3. The  fact that  (a)  citizens  will be  en-
forcing the   same standards   as  administra-
tive agencies,  (b)  notices are  required to ad-
ministrative   agencies  prior  to  bringing  of
an  enforcement  by  citizens,   and  (c)  clear
discretion  of  the court  to   consolidate  ac-
tions  will avoid  multiplicity of suits.
  4. The provision on  the award of cost liti-
gation is  intended by the Committee,  as  it  is
stated  in  the report, to  provide  a mechanism
for the courts to avoid  frivolous and harass-
ing  litigation by  permitting  the  courts  to
award  costs  to  defendants  when  plaintiffs
seek only  harassment.
  6. The provision  in the bill S. 4358 providing
for citizen suits bears little resemblance to the
provision  mentioned  by Senator Hruska in the
bill S. 3201.
  a. S. 3201  provides  for class action,  such
class  reauired to meet  the complex and dif-
ficult  requirements  of  Rule 23  of  the  Fed-
eral Rules  of  Civil Procedures.  S.  4368   is
limited to citizens  acting on their own behalf.
  b. S. 3201  is designed to provide a damaged
remedy for recovery of  fines,  restitution and
other monetary  damages.  S.   4358  is limited
to  seeking abatement  of violations of stand-
ards  established  administratively  under  the
Act and expressly excludes damage actions.
  c. S. 3201   provides for redress of consumer
inquiry. S. 4368 is limited to an action for en-
forcement or abatement of a  violation of  an
administratively  set  standard.
  6. Citizen  enforcement may  add to the bur-
den of the  courts—-but  in a  democracy, the
answer cannot  lie  in  the denial  of  citizen
access  to  the courts—In  a  society of  Gov-
ernment of  and  by the  people we foreclose
participation  by citizens  at  our  Peril.  The
provision is   directed at  providing citizen en-
forcement when  administrative  bureaucracies
fail to act.
  7,  Time  for  establishment  of  enforceable
standards  is  at  a  maximum  twelve months
away  and it will be considerably more  time
before  many  administrative  standards  are
eligible for  enforcement—so   any impact  on
the courts  is in  effect  postponed  until the
                   courts will have  the additional judges  men-
                   tioned by Senator Hrucka.
                     8.  The  Council  on Environmental  Quality.
                   chaired  by Russell Train,  has  established  a
                   Legal Advisory Committee to assist the Coun-
                   cil.  The   Committee's chairman  is Whitney
                   North Seymour, Jr.,  United States Attorney
                   for the  Southern District  of New  York, and
                   it  includes many  others.  I  ask   unanimous
                   consent  that  the  membership of  the  Com*
                   mittee be  inserted  at  this point in the record,
                     Malcolm  Baldwin,   Esq.,  senior  legal  asso-
                   ciate,  the  Conservation  Foundation,  Wash-
                   ington, D.C.; William T. Coleman, Esq., Dil-
                   worth,  Paxson, Kalish  and  Levy, Philadel-
                   phia,  Pa.;  Prof. David Currie, University of
                   Chicago   Law  School  and  coordinator for
                   Environmental  Quality  to  the  Governor of
                   Illinois;  Prof.  Frank  P. Grad, director, Legis-
                   lative  Drafting   Service,   Columbia    Law
                   School; Roger  P.  Hansen,  executive director.
                   Rocky Mountain Center on  Environment, Den-
                   ver,  Colo.; A. Wesley  Hodge,  Esq.,  Hodge,
                   Hills   and  Dahlgren,  Seattle,  Wash.;  Prof.
                   Louis Jaffe, Harvard Law  School;  William F.
                   Kennedy,   Esq.,  corporate  counsel.  Genera}
                   Electric   Co.;   Nicholas  Robinson,  chairman.
                   Environmental  Law  Council,  Columbia   Law
                   School; Prof.  Ann Strong,  director. Institute
                   for  Environmental   Studies,   University  of
                   Pennsylvania;   Prof.  Joseph  Sax,  University
                   of  Michigan  Law  School;  David  Sive,  ESQ.,
                   Winer, Neuberger and  Sive,  New  York  City.
                     The Advisory Committee  last week passed
                   the  following  resolution  on  citizen   partici-
                   pation in  the  courts:
                     It  is the sense  of  the Advisory Committee
                   that:  Private  litigation  before  courts  and
                   administrative  agencies  has  been  and will
                   continue  to be an  important environmental
                   protection  technique  supplementing  and  re-
                   inforcing  government  environmental  protec-
                   tion  programs.
                            ARGUMENTS ON CITIZEN Surra

                      1. The citizen suit provision is new to mem-
                    bers  of the Senate and  has not had  adequate
                    hearing.
                      A similar provision  was included in S. 3646
                    as introduced, and substantial testimony from
                    citizens' groups supported it as a key provision
                    in this year's  air pollution  legislation.
                      2.  This  provision would  encourage  frivo-
                    lous or harassing  suits against industries and
                    government agencies.
                      The  bill  provides no action  for damages,
                    only  for the abatement  of  violation of stand-
                    ards,  which are public  policy. Expressly for
                    the purpose of limiting  harassing  or  frivolous-
                    suits,  the  bill provides that the  court may
                    award  the  costs of litigation, including rea-
                    sonable attorney and expert witness,  to either

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                  STATUTES AND LEGISLATIVE  HISTORY
                                  1633
party  as the  public  interest  requires.  The
court  would  surely award  costs to  the de-
fendant, a potentially expensive risk  for the
plaintiff,  where the  litigation  was obviously
harassing or  frivolous.
  3. A citizen  suit provision is  based on the
assumption that the  Federal and State  agen-
cies will be  incompetent, corrupt  or other-
wise not discharge their responsibilities.
  Citizens in bringing  such  actions  are per-
forming  a  public service.  The limited re-
sources  of many State enforcement  agencies,
bearing  the first line of responsibility  under
this bill, will be fully extended. This provi-
sion,  requiring  30 days  notice  to State and
Federal  agencies, in  which they may initiate
abatement proceedings, will  allow many vio-
lations to come to their attention which  might
otherwise escape notice.  The only exceptions
to this 30 day period for  administrative action
come  for hazardous  emissions  or  those of
which the Secretary can be assumed to already
have noticed.
  4. Authorizing citizens actions against pol-
luters  and  government  agencies would  bur-
den already clogged courts.
  A great  number  of  these  actions  would
come  to the  courts  anyway, even  if  vigor-
ously  pursued by administrative agencies. En-
forcement of an order to abate must be ob-
tained in the courts, whether an agency or a
private  citizen initiates action. But more im-
portantly, should the granting and protection
of a right to clean air rooted in public  policy
be limited to what the courts can comfortably
handle? We must legislate to protect the pub.
He  health, then  strengthen  our court system
as appears necessary.
  5. The courts  do not  have the competence
to  handle the  issues  in  air pollution control
actions, and  sending such actions there  rather
than  confining them to  expert  administrative
agencies, delays and confuses enforcement.
  Enforcement of air pollution  standards and
regulations  is  not a technical matter beyond
the competence of courts.  This provision merely
asks the court to do what it does best:  a fact
finding  job as to violations of a definite numer-
ical standard. If a violation is found, a judicial
remedy  is fashioned as indicated above, citizen
enforcement  would  not disrupt  administrative
enforcement, but would  reinforce  and extend
it.  Standards would be the same under  either
mode.

   Mr.  MUSKIE.   Mr.  President, we
are  talking, gentlemen, about apples
and  pears. What we  are talking about
here is a judicial way  for citizens to
enforce the  provisions of this act.
   May I make another  point about it,
that before  any  citizen can bring an
action, he is required to  notify  the
enforcement  agency concerned of  his
intent to  do so, and the  specific,  al-
leged violation which he has in mind.
In  other  words,  the  idea  is  to  use
citizens  to  trigger  the  enforcement
mechanism.   If   that   enforcement
mechanism does not respond, then  the
citizen has  his  right  to  go  to court.
This is a much more  limited applica-
tion of the concept of citizen access to
the  courts  than  anything  that  has
been discussed  by the  Senator  from
Nebraska (Mr.  HKUSKA) or the  Sena-
tor  from  Kentucky (Mr. COOK).
   Mr. COOK. Mr. President, I merely
brought this up in  regard  to  the re-
marks of the Senator from  Michigan
(Mr. GRIFFIN), because I felt that it
would be  a good opportunity to do so.
I am  sorry that that  opportunity  has
passed. I  felt it was a good opportu-
nity when I first suggested it, that we
might change  the  uniform standards
for  class  actions because the call  for
class actions was in the language, re-
gardless  of the  amount in controversy,
or the citizenship of the parties, which
is in the language on page 83, lines 18
and 19, which constitutes, in essence,
a  class  action.  I felt  that uniformity
of language for class actions for  this
bill, and  S. 3201, would  be  a good
step forward in the name of uniform-
ity.
   Mr.  MUSKIE.  This does  not  re-
quire as  class  actions  do, identifica-
tion of the class or group before  a  suit
is brought in the name of a class. This
can  be   brought   by  an  individual
citizen.  The  court  has  authority to
consolidate   actions  that   might   be
taken by individual citizens.
   Mr. COOK. May I say that the op-
portunity for the  court to consolidate
actions  has  been  a  part  of  Federal
rules of  procedure for  a  long, long
time. That is already in existence.
   Mr.  MUSKIE.  I understand.  But
the important  distinction I  want to
make, if it is one—and I am told that

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1634
LEGAL COMPILATION—AIR
it  is—is that  it is not necessary for
a  citizen  to  take advantage  of  this
right to establish himself as a member
of a class. He can bring  suit as an
individual citizen under this provision.
  Mr.  RANDOLPH.   Mr.  President,
will  the Senator yield?
  Mr. MUSKIE. I yield.
  Mr.  RANDOLPH.   Mr.  President,
the  Senator  from Maine  mentioned
several  individuals who appeared  at
the hearings on that occasion.  I would
like the RECORD  to reflect that one  of
the gentlemen was Stanley  Preiser,  of
West Virginia, who is recognized  as
one of the finest  trial lawyers not only
in our State but also in the Nation.

                          [p. 33103]
  Mr.  GRIFFIN.  Mr.  President,   I
yield myself 3 minutes.
  The PRESIDING OFFICER.  The
Senator from Michigan  is recognized
for 3 minutes.
  Mr.  GRIFFIN.  Mr.  President,   I
understand now  that  hearings were
held around a year ago—and  I  stand
corrected. I was mistaken.
  Mr.  MUSKIE.  They were  held  on
March  23 of this year,  and not  a
year ago.
  Mr. GRIFFIN.  But, in spite of the
impact upon  the Federal courts, it is
still true, I take it, that the views  of
the Justice Department and the views
of the Bureau of the Budget was not
requested.
   Mr.  MUSKIE.  This is  part  of
every  bill.  Administrative  agencies
are  asked to report.  This provision
is  in  the legislation introduced.  If
these departments did not report  on
the  matter,  it  is not my responsi-
bility. It is theirs.
   Mr.  GRIFFIN. Mr.  President,  I
wanted to make  the  point that this
is a matter which is very much within
the interest of the jurisdiction of the
Judiciary Committee.  I do stand cor-
rected on the  point that some hearings
were held.
                 Mr. COOK. Mr. President, will the
               Senator yield 1  minute to me?
                 Mr.  MUSKIE.  Mr.  President,  I
               yield 1 additional  minute to the  Sen-
               ator from Kentucky.
                 Mr. COOK. Mr. President, I state
               to the Senator  from  West Virginia
               that I am delighted  that Mr. Preisor
               testified.  Mr. Preisor  and I went to
               law school together.  He  is a fine and
               distinguished lawyer.
                 I say  again to the  Senator from
               Maine that I merely brought this up
               for the RECORD.  Page  84, lines 9 and
               10 state:
                 Nothing   in  this section shall affect the
               right of such persons as a class or as indi-
               viduals—

                 That is  plural.  It is not as an in-
               dividual, but as individuals who would
               constitute a class.
                 I merely set this out for the legis-
               lative record.
                 I say this to  again  emphasize that
               I think  they are  discussing  and in-
               dicating a class action.
                 In  this  instance there is no juris-
               dictional  amount  in the bill.  There-
               fore,  the  limit  of  authority  is  the
               $10,000  amount  to get into the  Fed-
               eral courts.
                 I merely say that  S. 3201 is the
               same. It  allows anyone  to  bring suit
               in Federal court on the  basis of $10
               or more. But we are writing new au-
               thority  and a  new cause of action
               in the Federal court and not placing a
               jurisdictional amount on  it.
                 I  might say  that  I  have  no ob-
               jection  except  that I  think  in  the
               future we will  eliminate all jurisdic-
               tional amounts  in Federal court  and
               we had  better  be ready to appoint
               a whale  of a lot more Federal judges.
                  Mr. MUSKIE.  Mr.   President,  I
               read  from page 83, lines 24  and 25
               of the bill. It states that such actions
               "may be brought by one  or more per-
               sons on their own behalf."

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                  STATUTES AND  LEGISLATIVE  HISTORY
                                  1635
  Mr. HART. Mr. President, will the
Senator yield?
  Mr.  MUSKIE.  Mr.  President,  I
yield 2  minutes  to  the Senator from
Michigan.
  Mr. HART. Mr. President, I would
like to  address  myself  at  this  time
to section 304  of S. 4358, the  citizen
suit  provision  of  the bill.  I  regard
this  provision  as  one  of  the most
attractive features of  the bill and am
therefore  disturbed by criticism of  it
which  has been  offered  both  within
and without this Chamber.
  The  basic argument  for  the  pro-
vision  is  plain:  namely, that  Gov-
ernment simply  is  not  equipped  to
take court action against  the numer-
ous violations  of  legislation  of this
type which are  likely to  occur.  In tes-
tifying  on a  similar  bill before  the
Senate Subcommittee on  Energy,  Nat-
ural Resources  and the  Environment,
former  Attorney  General   Ramsey
Clark spoke  convincingly  of this in-
evitable   incapability.   Mr.   Clark
stated:

  It  will be impossible  for  government  en-
forcement  to  control  all significant  acts  of
pollution. . . , The extension  of private  right,
.  .  . and effective sanctions  for  the persona
directly  affected  or concerned will be essen-
tial  if vital interests are to be protested. Our
experience in areas of massive unlawful  racial
discrimination, such as in schooling,  employ-
ment, and housing tells us that however hard
it might try, government will never have  the
manpower, the techniques, or the awareness
necessary to enforce the law for  all. Private
enforcement of those laws is the only way
the  individual  can  be assured that the rights
cannot be violated with impunity.
  Pollution  control  is another such  area.  If
we  are  really serious  about controlling  the
quality of our environment before it  destroys
the  quality  of our  lives, we  must give  the
individuals  affected  by,  or concerned  about
pollutions in his  life, the power to stop them
through legal process.
  Far from risking  an undue or inhibiting
interference with  Government  enforcement,
it will provide powerful  supplementary  en-
forcement. . . . and an effective and desirable
prod to officials to do their duty.

  It  has been  argued, however,  that
conferring  additional  rights  on  the
citizen  may  burden  the  courts  un-
duly. I would  argue  that the  citizen
suit provision  of  S.  4358  has  been
carefully drafted to  prevent this con-
sequence  from  arising.  First  of all,
it should be noted  that the bill makes
no  provision for damages  to  the in-
dividual.  It therefore  provides  no in-
centives to suit other  than to protect
the health  and welfare of those suing
and others similarly  situated.  It will
be  the rare,  rather  than  the  ordi-
nary, person,  I suspect, who, with no
hope of financial  gain and the  very
real prospect  of  financial  loss, will
initiate court  action  under this bill.
For the most  part,  only in the case
where there is a crying  need  for ac-
tion in fact be likely. In such  cases,
I would argue that action must be in
the public interest.
  The bill  also provides  for a notice
requirement  to  State  and  Federal
pillution  agencies  prior  to the bring-
ing  of  suit.  This  requirement,  it is
expected, will have the effect of prod-
ding these agencies to act. In  many
cases,  it  is hoped, they  will be able
to act without  resorting to the  courts.
   Even  if litigation  is  in fact ex-
panded under  this bill, it must still
be  contended  that such  expansion is
justifiable.   As  Ramsey  Clark  also
stated at the  hearings previously re-
ferred to:
  There  is no question that justice  is denied
in America because it is  delayed and court
backlogs  are a  serious  problem  for  society
from every  standpoint.  But  society  has to
have priorities and survival should be  a pretty
high priority. Survival depends upon  the pro-
tection of our environment, and I think legal
redress  in  America  will be a major  method
of protecting that environment. The imposi-
tion  of  any  additional  caseload  that  might
follow from this  bill on the courts is one that
it must gladly assume.

  It may be that our  judicial system
must be expanded  to  provide for this
caseload.  Or it may be,  as Mr.  Clark
states,  that we  may  have to  adjust

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1636
LEGAL COMPILATION—Am
the priorities within that system. The
time perhaps has come to take major
action to  compel that adjustment. It
is  in  part for that reason that some
have  suggested  the  elimination  of
threshold   procedural  defenses  that
consume a court's time en route to its
examination  of  the merits of  cases.
And it is  in part for that reason that
some  have suggested  an end  to  the
fault  principle  that  monopolizes  so
much time in automobile accident liti-
gation.
  It  has  been  argued that even if
the courts can  meet  the  burden  of
cases  arising  under  this bill,  de-
fendants may be unduly harassed by
frivolous suits which may be brought.
The bill defends this criticism by pro-
viding that  the court  "may  award
costs  of litigation, including  reason-
able attorney and expert witness fees,
whenever the court determines  such
action is in the public  interest." Given
the escalating costs of attorneys fees
today, I  find it difficult to imagine
that many will  engage in the frivol-
ity which appears  so worrisome to
some.
  Yesterday, the  distinguished  Sen-
ator  from Nebraska  (Mr. HRUSKA)
referred to Chief Justice Burger's re-
marks about the dangers inherent in
providing additional rights of action
enforceable in Federal courts.
  I am aware of the Chief Justice's
caution in this  area, and I  believe
it to be  soundly based. However,  I
would remind  my  colleagues  of  an-
other  cautionary  remark  to   which
he  referred  in  one of  his opinions,
namely,  Office  of  Communication of
United Church of Christ v. FCC, 359
F. 2d 994 (1966). In that opinion re-
ferring to  the  right  of  citizens to
appear before the FCC, he cited with
approval  a statement  of the late Ed-
mond Cahn, which reads :
  Some consumers need  bread;  others  need
Shakespeare; others need their rightful place
In the national society—what they  all  need
               is  processors of law who will consider  the
               people's needs more significant than adminis-
               trative convenience.
                 It is my hope that both  we and
               those administering our judicial sys-
               tem will take  heed of that advice and
               continue to be guided by it.
                 Mr.  President,  I  was off  the floor
               when  the  Senator  from  Kentucky
               made his remarks and I may not be
               responding to  what was said.
                 I  would make this point,  however,
               relative  to the specific  issue  now be-
               fore the  Senate.
                 In legislation of this type, we will
               find very likely noncompliance which
               in number or degree are far beyond
               the capacity of the Government to  re-
               spond  to. This is one of the  frustra-
               tions.
                 We  do not  have  to serve  on com-
               missions such as the  Commission  on
               CHI Disorders or  Violence  or any-
               thing  else to know that one of the
               frustrations across
                                         [p. 33104]

               this country is the increasing number
               of our citizens who feel that Congress
               has made them  a promise,  but that
               there are no  means of obtaining  de-
               livery on that promise.
                 The burden on the Department of
               Justice is so  great that the agency
               cannot respond  to  it.  To  allow the
               citizen  the  right to sue on  his own
               behalf may indeed  increase  the bur-
               den on  the Federal courts.  But this
               is  not  an adequate response to the
               frustrated  citizen  who  seeks  that
               right.
                  Our obligation,  I feel,  is  to bear
               that burden  by  expanding  the  ca-
               pacity of the  court  system to respond
               to the frustrated citizen.
                  Mr. MATHIAS.  Mr. President, I
               send to  the desk an amendment and
               ask that it be stated.
                  The PRESIDING OFFICER. The
               amendment will be  stated.

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                STATUTES AND  LEGISLATIVE HISTORY
                               1637
  The  assistant legislative clerk read
as follows:

  On page 62, after line 22, insert:
  "(d)  The  Secretary shall publish  in  the
Federal  Register the  results of each of  his
tests of  vehicles  and  vehicle engines  under
this section,  as promptly as possible  and  at
least every six months, in such nontechnical
manner  as will reasonably  disclose to pro-
spective purchasers (at retail) of  new motor
vehicles  and  new motor  vehicle  engines  the
comparative  performance of the vehicle and
engines  tested  in meeting  the air  pollution
emission  standards required by  the  regula-
tions prescribed under section 202 of this
Act."

   Mr.  MATHIAS.  Mr.  President, this
is  an   amendment which would  re-
quire that  every  6 months  the Sec-
retary  publish  automobile  pollutant
emission levels which have been deter-
mined   for the  various makes  and
models  of cars in the  Federal  Reg-
ister.
   It makes it possible,  therefore, for
the  public  to actively  participate  in
the  program  for  purity and  cleaner
air  by  purchasing  the cars  which
are in  greatest compliance  with the
purpose of this act.
   Mr.   MUSKIE.   Mr.   President,  on
the  face  of  the  amendment,  it  is
perfectly consistent  with the  objec-
tives of the  bill  and   the  desire  to
make the  performance  standards un-
derstandable to the public.
   I want  to indicate to the Senator
from Maryland that I  am willing  to
take the amendment to  conference, if
the Senate  approves,  with  the fur-
ther understanding that if there are
problems as we  evaluate the  matter,
I  will  take them  up with the Senate
and with the conferees.
   Mr.   MATHIAS. Mr.  President,  I
thank  the  Senator from Maine.
   Mr.   MUSKIE.  Mr.   President,  I
yield back the remainder of my time.
   Mr.   MATHIAS. Mr.  President,  I
yield back the remainder of my time.
   The  PRESIDING OFFICER.  The
question is on agreeing to the amend-
ment of  the  Senator from Maryland.
  The amendment was agreed to.
  The PRESIDING  OFFICER.  If
there be  no further  amendment to be
proposed, the question is on the en-
grossment  and third  reading of the
bill.
  The bill was ordered to be engrossed
for a third reading  and was read the
third time.
  Mr. MUSKIE.  Mr.  President,  I
ask unanimous consent that  the  Com-
mittee on Public Works be discharged
from further consideration  of  H.R.
17255.
  The PRESIDING OFFICER. With-
out objection, it is so ordered.
  Mr. MUSKIE.  Mr.  President,  I
ask  unanimous consent that the Sen-
ate  proceed  to  the  consideration of
H.R. 17255.
  The PRESIDING OFFICER.  The
bill will be stated by title.
  The ASSISTANT LEGISLATIVE CLERK.
A bill   (H.R. 17255) to  amend the
Clean Air  Act  and  for  other pur-
poses.
  The  PRESIDING  OFFICER.  Is
there objection to the request of the
Senator  from Maine?
  There  being no objection, the Sen-
ate  proceeded to  consider  the  bill.
  Mr. MUSKIE.  Mr.  President,  I
ask  unanimous consent that all  after
the  enacting clause be stricken and
that the text of  S.  4358, as amended,
be substituted.
  The PRESIDING OFFICER. With-
out  objection, it is so ordered.
  The question is on  agreeing to the
amendment in the  nature  of a sub-
stitute.
  The amendment  was  agreed  to.
  The PRESIDING OFFICER.  The
question is on the engrossment  of the
amendment and  third reading of the
bill.
  The amendment  was ordered  to be
engrossed  and  the bill  to  be  read
a third time.
  The bill was read a third time.

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1638
LEGAL  COMPILATION—AIR
   Mr.   MUSKIE.  Mr.  President,  I
ask for the yeas and nays on passage
   The  yeas  and nays  were ordered.

                               [p. 33105]

     NATIONAL AIR QUALITY
    STANDARDS  ACT OF 1970

   The  Senate continued with the con-
sideration  of  the  bill  (S.  4358)  to
amend  the  Clean  Air  Act, and  for
other purposes.
   Mr.  GRIFFIN. Mr.  President, yes-
terday  the Senator from Maine (Mr.
MUSKIE)  quoted  a paragraph  from a
letter  written by Mr.  E. N.  Cole. I
believe the  Senator used the  para-
graph  out of context  to  support  an
argument diametrically opposite to the
burden of the entire letter.
   A copy of  the letter  was sent to me
and  to other  Senators.  I ask unani-
mous consent that the complete text
the letter be printed  in  the  RECORD,
as follows:

                GENERAL MOTORS CORP.,
                Detroit, September 17,  1970.
HON. EDMUND S. MUSKIB,
U.S. Senate,
Washington, B.C.
  DBAR  SENATOR  MUSKIE: I was distressed to
learn that  the  Senate  Public Works Commit-
tee has  voted approval of an air pollution bill
•which would  require  that  1976  model  cars
have  a   90 per cent  reduction in  emissions
from 1970  levels.
  As you may  recall, in our meeting August
26  I  stated that General Motors  does  not at
this time  know  how  to get  production  ve-
hicles down to  the  emission levels  that  your
bill  -would require for 1975 models. Accom-
plishment  of these goals, as far as we now
know, simply  is  not  technologically  possible
within  the time  frame reauired.
  Many  persons  appear to  have  the impres-
sion that your bill seeks to clean up  90  per
cent  of  auto  emissions. Instead,  the bill ac-
tually  would   require   more  extreme  reduc-
tions.  Specifically,  your bill  requires  reduc-
tions 90 per cent below the low levels  already
achieved as of  1970. As a result, the following
reductions   would be  required,  compared  to
1960  pre-control  levels: hydrocarbons, 98%;
carbon   monoxide,   97.5%.  As  to  nitrogen
oxides and participates we would be required
to  reduce  them  90%  each  within  five years
after publication of health  criteria for them.
Moreover,  we  would  have to  achieve  even
                  greater  reductions than  these  for the vari-
                  ous  emissions,  as  the  bill  requires  us  to
                  warrant  that every  car we  build remains
                  within the  standards  for  50,000  miles.  Our
                  ability to  achieve  the required  particulates
                  reduction  would  depend  absolutely  on  the
                  availability of unleaded fuel.
                    My purpose in writing  to  you is to em-
                  phasize  as strongly  as possible that General
                  Motors presently  does not have  the techno-
                  logical capability to make 1975 model produc-
                  tion  vehicles  that   would  achieve  emission
                  levels the legislation requires. We are aware
                  that there has been a  reluctance  among some
                  in Washington to accept this  statement.
                    General Motors has committed  itself  pub-
                  licly to eliminating  the  automobile's  part  of
                  the  pollution  problem  at the  earliest  pos-
                  sible  date.  We  are  making  good  progress
                  toward that  goal.  Some of the experimental
                  engines and  control  systems  in our  Research
                  Laboratories  have  achieved  very low  emis-
                  sions under  laboratory  conditions.  This  ex-
                  perimental  hardware  bus  encouraged us  to
                  believe  that we  will  be  %ble to meet  the
                  federal government's proposed 1975 standards,
                  which would result  in  reductions  of  95% and
                  86%  in  hydrocarbons  and carbon monoxide,
                  respectively, compared to pre-control vehicles.
                    Remarkable low emissions  can  be achieved
                  with  experimental   laboratory cars  without
                  any regard to mass  production  manufactur-
                  ing  tolerances, durability,  maintenance,  cost,
                  and conditions of customer  use.  It is quite
                  another  thing  to  engineer  control  systems
                  that can be mass-produced and operated utl-
                  der  all conditions,  and still meet  stringent
                  standards over  the  lifetime  of  the vehicle,
                  as  would be required by the  warranty pro-
                  visions.
                    The legislation, in effect, is  asking the au-
                  tomobile  industry  to  mass-produce  systems
                  developed   through   space   age   technology.
                  There is  a distinct  difference  between  hand-
                  building  one moon  rocket at  a time and the
                  requirement  that your legislation would  im-
                  pose—manufacturing  millions  of units  that
                  would have  the  same close  tolerances  that
                  space hardware demands.
                    I  urge you  to consider amending  the legis-
                  lation to  give the Secretary  of Health,  Edu-
                  cation,  and  Welfare  authority to determine
                  administratively  (1) the air quality needs to-
                  meet health requirements and  (2)  whether
                  the technology exists  to permit the mass pro-
                  duction of  long-lived  automotive control  sys-
                  tems which would perform at this level.
                    In  view of the prreat interest of members
                  of  Congress and  the public in  this  Impor-
                  tant matter, I am taking the liberty of send-
                  ing copies  of this letter to  others who are
                  vitally concerned, as you are,  with this subject.
                        Sincerely,
                                                 E. N. COLE.

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                    STATUTES  AND  LEGISLATIVE  HISTORY
                                      1639
   Mr.  COOPER.  Mr.  President,  in
connection with  the  discussion of the
section  on  class  action,  I ask unani-
mous  consent  to have printed in the
RECORD   an   article  written   by  Mr.
Joseph Thebodeaus, who I understand
is  legal  adviser  to  the  Governor  of
Michigan.
   There being no objection,  the ar-
ticle was ordered to  be printed in the
RECORD, as follows:

  MICHIGAN'S ENVIRONMENTAL PROTECTION ACT
     OF 1970:  PANACEA OF PANDORA'S Box

               I. INTRODUCTION

  Michigan House Bill 30551 is  the  most rev-
olutionary—almost radical—measure  to  have
been  enacted  in  the burgeoning field of  en-
vironmental law.  It  creates  in every person
and entity,  irrespective  of  standing  or  in-
jury, the  right to sue any person  or  entity
for the protection of the  environment.  First
introduced in  the Michigan  House  on  April
1, 1969,  it was labeled "an April fool  joke".
Little more than a year later, on "Earth Day",
April 22,  1970, it emerged from the House.
It passed  the  Senate on June  26,  1970, and
was signed by  Governor William  G. Milliken
  Footnotes at end  of  article.

                                 [p. 33106]

on  July  27,  1970.  It  will  become  effective
October 1, 1970.
  Professor Joseph L. Saxa had been retained
by  the  West  Michigan  Environmental Action
Council3 to draft the  bill.  Just  how and by
whom  the  decision was made to introduce  it
on  the  House side only, through  a  low-profile
member of  that  body,  and under lone Demo-
cratic sponsorship into  a  legislative structure
of  which   Republicans controlled   both  the
Senate  and Governor's  office, is now left  only
for conjecture.*  Any  detriment  which  might
have come about as a  result of  that decision,
however, never materialized.  Rabid  public re-
action,  aided  and abetted  by  political grand-
standing,   incident  to   3055's  passage   over-
came all obstacles.
  The  bill  owes  its enactment to  that  reac-
tion.  The  sex appeal  of  the "environmental
crisis"  peaked shortly  after the bill's  intro-
duction. Introduced  at any  other  time,  it
never  would  have been the subject of  even
one  committee  hearing; introduced when  it
was,  members of the  Michigan  House  were
standing  in  line to  have  their  names  ap-
pended  as, co-sponsors.  As  tbe   legislative
process unfolded, it became  obvious  that  any-
thing  with a  "3055" label  would  have been
passed and signed. This  is a classic story of a
notion whose time was  ripe.
  As introduced,  and to  a  lesser extent as
passed, 3055 had  and has potential problems.
At  best,  it  may clog  the  circuit courts in
Michigan  for some time; at worst, it threatens
to throw them  into chaotic disrepair. Moreover,
it could  hopelessly  confuse substantive leg-si
principles  of  public nuisance,  environmental
and  administrative law.
  Governor Milliken  was confronted with  the
dilemma of wanting  to support  the bill's con*
cept, while having  serious reservations  about
the  form  and  operative effect of some of its
provisions.  But  suggestions  for constructive
change were not warmly received. In addition
to the ordinary inertia which accompanies any
attempt at change, several factors surrounding:
3055, but  totally  unrelated to its merits,  ex-
acerbated  the difficulty.
  First, the bill had  only Democratic  sponsor-
ship. Accordingly, the Governor's support was
somewhat  suspect.
  Second,  owing  to its sex  appeal,  and owing
to typical  knee-jerk  "boobus americanus"  re-
action,  3055  readily  assembled  a sizeable  lay
following  which  generated  great pressure in
be'.alf of  something,  about  which it had little
or no substantive knowledge. Who, in  1970,
could be  against  the environment? Who, in
1970, could favor pollution? Support  was  for
the measure as introduced, period, without any
changes, irrespective of their merits. Either you
supported the measure completely, or you were
against it completely. The  Governor's  public
posture in  attempting  to  effect constructive
change was, therefore, extremely precarious.
  Third,  from the  perspective  of  legal  and
technical  competence prerequisite to grasping
some of the  intricacies of the bill,  the  House
Committee on Conservation and Recreation, to
whom it was assigned, was lacking.6
  Fourth,   suspicious  of  support  from  th«
Governor's office,  reveling in the great atten-
tion  given the  bill and thus to his  committee,
and  convinced  that  the  proposal  of any
amendment was an attempt  to emasculate  the
measure, the committee  chairman took an  in-
tractable position that no amendment would be
appended  in his committee.8
  Finally,  into the  consideration of  this  in-
tricate and complex  bill was injected the  de-
bilitating  influence  of  party  politics  in  an
election year.
  These factors would  have  considerable im-
pact on the direction and legislative intent of
3055.
  Footnotes at end of article.

  It was  with some diffidence, then,  that on
March 18, 1970,  the House  Conservation  and

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1640
LEGAL COMPILATION—AIR
Recreation Committee hearing was approached
with sixteen pages of analysis  and  suggested
amendments  to  the bill in hand.  Apprehension
was particularly high since it was known that
the design  of  the  "hearing" was to  rubber-
stamp  the Sax version, report it out, and ram
it through.  Thus,  with  some  skepticism,  if
not trepidation,  the Governor's representative
opened his  remarks to  the  committee:
  "It  should first  be noted  that the Governor
supports  this bill in concept. It  is only for the
purpose of  attempting to help in insuring  its
effectiveness and making it  a workable piece
of legislation that I am here today.  Workable
from the  private citizens' point of view; from
the public  administrative agencies'  points  of
view;  and  most  of all workable   from  the
courts1 point of view. For  it  will  be,  in  the
final analysis,  the courts which will bear  the
burden of 3055. They are the  ones who will
have  the  burden,  not only  in  added caseload,
but more importantly in the exercise of their
judicial discretion.
   "Accordingly,  it  is my  initial observation
that, to be workable, this bill must be workable
in, for and  by the courts. If they are left to
drift   in  a morass  of  legal vagueries  or  ill-
defined standards,  or worse,  no  standards at
all, within which to exercise their powers, then
not only  will this  legislation be unworkable in
and of itself, but it will have the more  deleteri-
ous and long-range effect of impeding whatever
progress, albeit  inadequate, we  are making in
the effort to save  our  environment.7 "
   With those  and other preliminary observa-
tions having been  made, pertaining  to  the title
of  the bill, broadening the class of  partiea-
plaintiff,   and   potential  res   judica-ta   and
estoppel  problems incident to declaring all  ac-
tions  brought under the bill to  be in the name
of the "State," 8 several major problems with
the Sax  draft  were singled  Out.  To some  ex-
tent  these problems still exist.  Others  were
corrected by  amendment. Others, still,  arc  in-
herent in the basic concept of the legislation.
   For  reference an  appendix  is provided.  It
contains  a draft  of Enrolled House Bill 3055
as signed by Governor Milliken on July  27,
 1970,8" a draft of  the bill as  introduced on
April  1,  1969,  and the version of 3055 as inti"O-
 duced  in  Congress  on  March  10, 1970.8b  The
draft  of  the enrolled bill is printed  with mar-
 ginal  numbering of each line. In the following
 pages, references to line numbers will be  to
 this draft.

                  n. ANALYSIS

             A. Constitutional basis

   Though introduced in April, 1969, 3055  did
 not receive any attention  until  mid-January,
 1970,  when the House   Conservation and Rec-
 reation Committee held its first of many pub-
                   lic  hearings.  Paraphrased,  the bill  provides
                   that:
                     "Any  person or entity shall  have the right
                   to  maintain  an  action  for declaratory  and
                   equitable relief against  any  person or  entity
                   for the  protection from pollution,  impairment
                   or  destruction, of  the  air,  water and  other
                   natural  resources of the state."
                     In  addition  to  its  foundation in the general
                   police power  regulating  the  public  health,
                   safety and welfare,  3055 has a more specific
                   constitutional  basis in the Michigan  Constitu-
                   tion of  1963:
                     "The  conservation  and  development  of the
                   natural  resources of  the state  are hereby de-
                   clared to  be a  paramount  public  concern in
                   the interest of the health, safety  and general
                   welfare  of  the  people.  The legislature  shall
                   provide  for the  protection  of  the air,  water
                   and other natural resources  of the state  from
                   pollution,  impairment and  destruction.*'B
                     The operative  language is the  second  sen-
                   tence, a substantial  part of  which  is  incor-
                   porated  verbatim into the bill,10 That language
                   has  generated  much of  the controversy  sur-
                   rounding 3055; because  of it, 3055, by  design,
                   lacks  specificity  in  standard  and  definition.
                   This  is  its great weakness.
                     "While it may  have sounded  suspect to the
                   overwhelmingly  lay  membership of the  House
                   committee  to  question language  in  a  statute
                   which had been taken virtually verbatim from
                   the  Michigan  Constitution,  it was argued that
                    the  same  language,  without qualification, had
                   a different  significance  in   the  context of  a
                   statute.  The fact that language is drawn ver-
                   batim  from  a  constitutional  provision,  doea
                   not necessarily  render  it  workable, or  even
                    constitutional, within the confines  of  a statute.
                    Language as it appears  in a constitution is not
                    self-ex ecu ting.11 It is only  a directive to the
                   legislature, and,  as  such, contemplates  further
                    legislative  action to  implement it. In this in-
                    stance,  not only  does the  constitutional  lan-
                    guage specifically direct the legislature  to im-
                    plement the provision, but  the pertinent  min-
                    utes  of the  Constitutional  Convention  clearly
                    reflect the intent that this  language was not
                    to be self-executing:-12  It is  axiomatic  that  if
                    constitutional  language  is not  in  and of itself
                    self-executing, then the verbatim  recitation  of
                    the same  language  in a  statutory  provision
                    does not effect  execution  of the  constitutional
                    provision  and does not, therefore,  implement
                    tbe provision.
                      Moreover,  implementation of any constitu-
                    tional language requires that it be done in ac-
                    cordance   with  due  process,  which  implies
                    guidelines  or  standards  with which the statute
                    itself and the constitutional provision can  be
                    effectively  enforced.  Accordingly,  adoption  by
                    a statute of  constitutional  language, unquali-
                    fied  by  guidelines  or standards  for enforce-
                    ment, runs the risk of  violating  due process.1*

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                     STATUTES  AND  LEGISLATIVE  HISTORY
                                       1641
This  is true,  irrespective of the fact that the
courts,  as a practical matter  in  the first in-
stance,  might  find  the unqualified  language
unworkable.
  In  particular,  although drawn directly from
Article  4,  §  52, the terms  "pollution, impair-
ment and  destruction"  are relative. They  are
unrestrictive,  unqualified, and  undirective. As
is noted above,  to  employ  wide-open  and ill-
defined  language  in  any statute is  dangerous;
to do so in one of such sweeping  ramifications
as 3055 could  prove disastrous. To some extent
each of us is  polluting,  impairing and destroy-
ing our air, water and  other natural  resources
with  each breath we take.  Presumably, under
the parameters of 3055  each of us could be en-
joined from  drawing another  one.14
  Prerequisite to  further consideration of this,
its  most critical  aspect, however, is  some ex-
amination of  the mechanics of 3055.

            B. Operative sections

                   Section  1

  Section  1  (lines  9 and  10)  states the title
of the act. Aside from the political  gamesman-
ship reflected  in the appearance in  the title of
the names of  one  Democratic House member
and one Republican Senator,  adoption of Sec-
tion 1 was not accompanied by any great fan-
fare  or controversy; nor  is  it  of  any  great
significance.

                    Section 2

  Section 2(1),  (lines 11 to 21) provides that:
  "The  attorney general,  any  political  sub-
division of the  state,  any instrumentality or
agency of the  state or of  a  political subdivi-
sion thereof, any person, partnership, corpora-
tion,  association, organization or  other  legal
entity may maintain an  action  in  the circuit
court  having  jurisdiction  where  the  alleged
violation occurred  or  is  likely  to  occur for
declaratory and  equitable  relief against the
state, any political  subdivision  thereof,  any
person,  partnership, corporation,  association,
organization  or other legal entity for the  pro-
tection of the air, water and other  natural re-
sources  and  the public  trust therein  from pol-
lution,  impairment  or destruction."

                                  [p. 33107]

   As introduced  in  April,  1969, section 2  was
not as inclusive  of  parties-plaintiff as the en-
rolled bill reflects.  It  formerly  included  only
" [t] he  attorney general,  a  city,   village or
township or a citizen of the state.  ..." This
technical change enables every person or entity,
including  the state  or  any agency, to sue any
other person or  entity, including the state or
any agency, for  the protection of the environ-
ment.
   It is significant that the state and its agen-
cies  are  susceptible to injunctive action  un-
der the bill. This reflects the increasingly ac-
cepted view, and motive behind 3055, that ad-
ministrative agencies are not doing  their job
to  protect   and  preserve  natural   resources.
Proponents  of the bill  argued that these  agen-
cies,  while  entrusted with  this  responsibility,
are not upholding it. It was the expressed in-
tent of the  House  committee,  therefore,  that,
not only  would the polluter be  susceptible to
actions under the  bill, but  that  the relevant
regulatory body could  also be subjected to the
court's equitable  and  declaratory jurisdiction.
  Section 2(2),  (lines  22 to 29) signals  this
lack  of  confidence  in  administrative  proce-
dures :
  " (2)  In   granting relief  provided by sub-
section (1)  where  there is  involved a stand-
ard  for  pollution or for  an anti-pollution de-
vice or procedure,  fixed by  rule or  otherwise,
by  an instrumentality or agency of the  state
or  a  political  subdivision  thereof,  the  court
may:
  " (a)  Determine  the  validity,  applicability
and reasonableness  of  the  standard.
  "(b) When a court  finds a  standard to be
deficient,  direct the  adoption of a standard ap-
proved and  specified by the court."*
  The section was  inserted  in  Senate  com-
mittee, after  House passage,  and the House
later  concurred in the Senate amendment. But
it could  cause problems.
  In  particular,  it has  been  suggested that
section 2(2) (b)  may be an  unconstitutional
delegation  of legislative  authority,  and may
violate the  principle of  separation of powers.
Tt purports  to give  the courts the authority to
write, not merely interpret, the law.  Moreover,
it enables the courts to superintend administra-
tive prerogative. The Michigan  Constitution of
19fi3  provides that:
   'The powers of government are divided into
tbrpe  branches: legislative,  executive and judi-
cial.  No  person  exercising powers  of  one
branch shall exercise powers properly belong-
ing  to  another  branch  except  as   expressly
provided  in this  constitution." *"
  To some  extent the courts, especially activist
courts, legislate now; perhaps rightly  so, in
some  cases. But  section  2(2) (b) gives  more
 than tacit  approval of, or  recognition to, this
fact.  It  writes it   into  law.  Unquestionably,
the  branches  of government  must  work  to-
gether in  a  spirit and  practice  of coopera-
tion.18 It is also squarely within judicial pre-
rotative, as provided in section 2(2) (a)  to,
"tdletermine  the  validity,  applicability  and
reasonableness of  (a)  standard."w But the
courts cannot legislate. They cannot ".  . . di-
rect  the  adoption of a standard. . . ."M
   "There is a distinction  between  legislative
and  judicial acts.  The  legislature   makes the
law—courts apply  it.  To enact laws is an ex-
ercise of legislative power; to interpret them

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1642
LEGAL  COMPILATION—AIR
is an  exercise  of  judicial power. To declare
what the law shall be is legislative; to declare
what it  is or has been ia judicial. The legisla-
tive  power  prescribes  rules  of  action.  The
judicial  power determines  whether,  in a  par-
ticular  ease,  such  rules of action  have  been
transgressed.  The  legislature  prescribes  rules
for the future.  The judiciary  ascertains exist-
ing rights." 1&
  Nor it is legally sufficient  to  reply  that the
legislature has vested the courts with authority
to adopt appropriate standards. That  begs the
question and flies  directly in  the face of  im-
proper  delegation  of legislative authority:
  Footnotes  at  end of article.

  "In  view of the recognized division of pow-
ers between  the different departments of gov-
ernment any attempt  to vest the  courts with
legislative  authority would be invalid.'*m
  And further:
  "The power given to a court under the Con-
stitution is  judicial power.  It is  beyond  the
power of the legislature to  take from it that
judicial  power,  and it  is equally  beyond  the
authority of the legislature  to confer  upon it
power not  judicial.21"
  Moreover,  the delegation  of  rule  making
power, if  possible  in  the  first   instance, is
nonetheless  invalid  if it  does not  set  forth
standards  or guidelines   in  connection there-
with.22 It  might be argued  that section 2(2)
 (b) is no more than  an  expression of  the
court's declaratory  and  equitable  jurisdiction.
That is, that to "... direct the  adoption of
a standard  . .   /*  is  no more than  a logical
extension of the court's  equitable powers. This
assumes, however, that the  section is  applica-
ble, not as a general principle, but only aa to
each case  on  an ad  hoc basis. But that as-
sumption  and  interpretation  does  not  track
with the literal language which clearly haa  a
much  broader  applicability. Furthermore,  it
was the legislative  intent that it be  a general-
ly  applicable principle.28
  Section  2a dines 30  to 34) authorizes  the
court, where it has *'.  .  . reasonable ground to
doubt  [his]  solvency"  or ".  . , this] ability to
pay any coat or judgment . . .*', to  require of
the plaintiff the posting of  a bond not to ex-
ceed $500.00. The  section ia designed to pre-
clude the harassing suit  or the action which  is
totally without merit.**  The  section  itself  is
probably equally unmeritorious. Because of the
 nominal  amount   stipulated,  any well-inten-
tioned litigant  will post  it without  difficulty.
But if he ia well-intentioned, then the posting
of  the bond  is unnecessary. On the other hand,
 if  the lawsuit  is of an  harassing, unmeritori-
ous nature, the nominal bond  will  not pre-
clude  it. It can still be  brought without great
                   imposition.  Further,  the limit on amount is so
                   small that it would  not cover any substantial
                   cost that might  be invoked.
                     It would  seem more sensible to simply have
                   relied  in this regard on  the  courts  equity
                   power.  The suit need  not be  entertained at
                   all.  Moreover, in  the exercise  of  its  equity
                   jurisdiction, the  court can demand the posting
                   of a bond of any size, or any other condition.
                     Likewise,  in  the  exercise  of  that  jurisdic-
                   tion, it can award or apportion  costs. Acco^d-
                   ingly,  it  would seem that section 3(3)   (lines
                   51  and 52)  is also unnecessary.
                     In addition, as is  noted below, if  the court
                   is in need  of an  escape hatch, section 3(2)
                   (lines  48 to 50)  provides it through the crea-
                   tion of the  role of the master or referee whose
                   findings and  recommendations can serve as a
                   basis for dismissal or other disposition of an
                   action,  short of  a  full evidentiary hearing.
                     Section 2a  may, however, be more than  just
                   an  unnecessary  appendage. In setting a fixed
                   maximum dollar limit on  the bond which may
                   be  required-,  the section  may  similarly limit
                   the  court's  otherwise unlimited equitable pow-
                   er  to require a  bond in  any amount. By  sin-
                   gling  out  a lesser  power,  the section   may
                   constrain the court's  otherwise  unbridled  au-
                   thority to do equity. This clearly was not the
                   legislative intent. Quite the contrary, notwith-
                   standing that the  foregoing observations were
                   made  in committee, a   representative  moved
                   from the House floor that  the bond provision
                   be  inserted  so as to  afford the courts authority
                   to  prevent  the  harassing suit. Its  effect  may
                   be  just  the  opposite.

                                      Section 3

                      Section 3(1)  (lines 35  to 47)  was  the focal
                   point  of much  debate, and  appropriately so,
                   for it is a  key  part of the bill. It reads:
                      "When the plaintiff in the action has made
                   a prima  facie showing that the  conduct of the
                   defendant has,  or is likely to  pollute,  impair
                   or  destroy  the  air, water  or  other  natural
                   resources or the public  trust therein, the de-
                   fendant  may  rebut  the  prima  facie showing
                   by the submission of evidence to the  contrary.
                   The defendant may also  show,  by  way of an
                   affirmative  defense,  that  there  is no feasible
                   and prudent  alternative  to  defendant's  con-
                   duct and that such  conduct is consistent with
                   the promotion of the public health, safety  and
                   welfare in  light of the state's paramount  con-
                   cern for the protection of its natural  resources
                   from pollution, impairment or destruction,  Ex-
                   cept as  to  the  affirmative  defense,  the prin-
                   ciples  of burden of  proof and  weight of the
                   evidence generally applicable in civil  actions
                   in  the  circuit  courts  shall  apply to  actions
                   brought  under this act,"
                      In short, it says that the plaintiff must  first
                   show  a  prima  facie case  of  hia right  to re-
                   lief.25  If the defendant  chooses to rebut  that

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                     STATUTES AND  LEGISLATIVE  HISTORY
                                       1643
showing by the presentation of some evidence,
the burden shifts  back to the plaintiff. In  the
alternative, the defendant may,  "... by way
of an affirmative defense . . .", prescind from
the plaintiff's  initial showing and  assume  the
burden  of showing  that there  is  ".  .  .  no
feasible and  prudent  alternative ..."  to  his
conduct. If  he  takes  the  latter approach,  the
defendant must also show that  his  ". .  . con-
duct is consistent  with the  promotion of  the
public  health,  safety  and welfare  in  light of
the state's  paramount  concern  for the pro-
tection  of its  natural  resources.  . .  ." The sec-
tion concludes that, except as to the "affirma-
tive de "ense,"  the principles  of   burden  of
proof and weight of the evidence shall be  the
same for proceedings under 3055 as they  are
for  all other  civil  actions  in  the  circuit
courts.26
  As  originally drafted,  section  3(1)  did  not
provide for the alternative  defenses. Once  the
prima   facie  case  had been  shown, it  placed
the  burden   on  the  defendant  throughout,
and required   much  more  of  the  defendant's
proof.   It simply stated  that, once the  plain-
tiff established  his  prima facie case:
  "ft] he  defendant  has  the  burden  of  es-
tablishing  that there   is   no  feasible  and
prudent alternative  and  that  the  conduct,
program  or  product  at issue  is  consistent
with  and  reasonably required  for promotion
of  the  public  health, safety and   welfare  in
light  of  the   state's  paramount  concern  for
the protection  of  its  natural resources  from
pollution, impairment or destruction."
  This  may  have  been  asking a bit much
of  the  defendant,  notwithstanding the argu-
ments   of  the  proponents   of  the  language.
They argued  that  in most, if not all,  environ-
mental  lawsuits technological knowledge  and
expertise are  exclusively  with  the  defendant:
that he is  solely  in a  position of knowing
whether an alternative  method  to  his conduct
does or does  not  exist, and that only  be and
his evidence  can establish that fact.27
  Thus, the  original language was  an  in-
direct means  of obtaining discovery—and more.
Placing the   entire  burden  of  proof  on  the
defendant  effectively  compelled  him  to  come
forward with  the evidence—for   or  against
himself. This  is a complete reversal of com-
mon  law  jurisprudence  and  civil practice.
While  there  is some  merit  to the  proponents'
rationale, the effect of this complete reversal
is  of   questionable  advisability.  It  at least
prejudges the derendant's conduct,  may  be of
questionable constitutionality  (fifth  amendment
due process)   and  begs  the  question:  Is  the
remedy under  the  Act a, penalty? It  is  true
that technological  data  is  usually  exclusively
with the defendant. But discovery  is available.
The de-

                                  [p. 33108]
fendant  should  not have  to prove  the plain-
tiff's  case. He should  not have  to  prove  the
case against himself.
  The language  of the enrolled bill to  some
extent corrects  this  inequity.  Instead  of  re-
quiring  the  defendant,  once  a prima  facie
showing  is made, to  sustain the  entire burden
throughout,  he   is  now  afforded  the  option
of simply rebutting that showing, or of going
beyond and  showing  that these is  ".  .  .  no
feasible  and  prudent  alternative  ..."  to
his conduct. This  is  in contrast to the  Sax
draft,  by  the  terms  of which  he  was  com-
pelled  to  show ". . .  no feasible and prudent
alternative  . . ."  to  his  conduct.  Under  the
enrolled  bill, if the  defendant does  not  raise
the question of  "feasible and  prudent alterna-
tive",  it  need  not be put  in  issue. In  most
cases,  however,  the  defendant will  ultimately
see fit to  litigate  the question.  But he  need
not, if he ia able to overcome  the plaintiff's
case by way oe  a lesser showing. This  change
was made  in House committee for the  express
purpose  of alleviating the inequities inherent
in the Sax draft.
  Nevertheless,  there  is  still  a weakness in
section 3(1). The terms "feasible and prudent"
are left  all alone and unqualified.  What may
be feasible and  prudent in  one  instance, may
not be in  another. What  may  be feasible and
prudent  from  one prospective  may  not  be
from  another.  There  are  technological,  eco-
nomic, geographical,  physical, and other kinda
of  feasibility and  prudence. It  was argued—
ultimately  in vain,  though for  a  time  some
converts  were won—that these terms, like "pol-
lution, impairment and destruction", are rela-
tive and in need of further definition.
  For the short while (2 drafts)  during which
that  argument  met  with  some  success,  the
language "considering  all relevant  surround-
ing  circumstances and factors" was inserted
to qualify "feasible and prudent alternative."
It was later removed as the quid pro  QUO  for
the  insertion of  the  term  "unreasonable" to
modify  "pollution,  impairment  and  destrufr-
tion."28
  Hopefully, the  courts are still free  to con-
sider "all  relevant surrounding  circumstances
and factors." But because of the constructive
legislative  intent, perhaps not.  They certainly
are  not  compelled to  do  so.  Broad, and  per-
haps  vague,  as that language is,  it might have
afforded  the  courts  paradoxically  more  lati-
tude  and more  direction  in  a given instance.
Now,  presumably, a determination of feasibil-
ity and  prudence could—and  may  have to—
turn  on  a single factor  to the exclusion of
consideration of  all others.
  In  the Sax draft, section 3(1) also required
that the defendant's conduct be  ".  . .  reason-
ably  required  for  promotion  of   the  public
health, safety  and  welfare  in  light  of  the
state's  paramount concern for the  protec-

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1644
LEGAL  COMPILATION—AIR
tion of  its natural  resources  from pollution,
impairment or destruction .  .  .*'  Requiring
that a  particular endeavor of  private  enter-
prise be "reasonably  required" by the  public
health,  safety  and  "welfare  is  totally unrea-
sonable  and disconsonant  with  basic  human
motivation  and activity. People do not  ordi-
narily  do things because required by the pub-
lic  health,  safety  and  welfare  to  do  them.
Their conduct  may,  and must,  be "consistent
with** these considerations.
  But  the  test as  originally  drafted  is  a
greater  one than  is exacted  of public  and
nonprofit entities.  If business  were  required
to show that  it is  "reasonably required" by
the  public  health,  safety  and  welfare  (let
alone  by  "the  protection  of  [the  state's]
natural  resources")  then  it would  be unable
to justify its existence. The test was  perhaps
unconstitutional, totally  unworkable,  and, at
least in  total disregard  of  the  ordinary course
of business and the conduct of human affairs.
In  a word, it  was academically  idealistic and
  Footnotes at end of article.

practically unrealistic.  As finalized in the en-
rolled bill, the test  now is  simply "consistent
with"  these  considerations,  and  this  would
seem most satisfactory, necessary  and  suffi-
cient.
  Although not in  the least bit controversial,
section  3(2)  (lines 48 to  50)  has some sig-
nificance. It provides for a master or referee
to assist the court. Specifically,  to  the  mas-
ter  or  referee is delegated  the responsibility
of taking  ".  . . testimony  and  making a rec-
ord  and a report of his findings  to  the  court
in the  action." It  is  the  design  of this sec-
tion: to provide  for  a preliminary  screening
of  actions;  to weed  out  the unmeritorious
action;  to give the court  some basis in fact
for doing so, short  of  a full-blown hearing on
the  merits;  and,  in  general,  to  provide the
court with  an informal precis  of  the  case
before or shortly  after issue  is joined.
  Section  3(3)   (lines  61  and  52)  merely
affirms  what  is inherent in the equitable pow-
ers of the court—to apportion costs  as justice
requires.

                  Section  4

  Section  4(1)  (lines 63  to  56)  authorizes
the  court to grant temporary or permanent
relief, or  impose any conditions  required,  to
protect the  air, water and  other natural re-
sources.
  Section 4(2)  (lines  67 to 68) provides that.
In doing so,  the  court may  remit the  whole
matter  to  an appropriate administrative  agen-
cy or agencies. There is sound authority for
doing so:
                     "The doctrine of  primary  jurisdiction, like
                   the  rule  requiring   exhaustion  of  adminis-
                   trative  remedies, is concerned with promoting
                   proper  relationships  between  the courts and
                   administrative  agencies  charged   with  par-
                   ticular  regulatory  duties. 'Exhaustion' applies
                   where a claim is cognizable in the first instance
                   by  the administrative  agency  alone;  judicial
                   interference is withheld until the administrative
                   process has run its  course.  'Primary jurisdic-
                   tion,' on the other hand, applies where a claim
                   is  originally  cognizable  in  the  courts, and
                   comes into play whenever enforcement of the
                   claim requires the resolution of issues which,
                   under a regulatory scheme, have been placed
                   within  the special competence of an adminis-
                   trative  body;  in  such a case the judicial proc-
                   ess  is  suspended  pending  referral  of  such
                   issues  to   the   administrative  body  for   its
                   views. General American Tank Car  Corp.  v.
                   El  Dorado Terminal Co.,  308  U.S.  422,  433
                   (1939).
                     "No  fixed  formula exists for applying  the
                   doctrine of primary  jurisdiction. In every case
                   the  question  is  whether the reasons  for the
                   existence  of  the  doctrine  are  present and
                   whether the  purposes it serves will  be aided
                   by  its application  in the particular litigation.
                   These reasons and purposes have  often  been
                   given expression by  this Court. In  the earlier
                   cases emphasis was  laid on the desirable uni-
                   formity  which would obtain if  initially a spe-
                   cialized agency passed on certain types of ad-
                   ministration questions.  See  Texas & Pacific R.
                   Co.  v.  Abilene Cotton  Oil  Co.. 204 U.S. 426.
                   More recently the expert and specialized knowl-
                   edge of the agencies involved haa been particu-
                   larly stressed.  See  Far East  Conference  v.
                   United States, 342 U.S. 670.»"
                     Proceedings at the  administrative  level are
                   to  be conducted pursuant  to the  Administra-
                   tive Procedures  Act  of 1969,30 and the court
                   is to retain  jurisdiction of the matter pend-
                   ing their  completion. At that time, the court
                   is to determine whether "adequate  protection"
                   has been  afforded  the  air,  water and other
                   natural resources.
                     During  debate  in House  committee,  com-
                   mercial and industrial interest lobbied strongly
                   for  mandatory,  rather than discretionary  re-
                   mittance.  They  argued  that somewhere there
                   exists the  opportunist  on the bench who, for
                   political  reasons,  will  fail to remit  a case
                   which should be referred to the administrative
                   level; that there is  the judge  who will  seize
                   upon the  right  case at  the right  time  (just
                   prior to his  own reelection bid), short-circuit
                   the administrative process  and grandstand to
                   the  voters.
                     The  conservationists  argued,  on  the other
                   hand and  inconsistently with  much  of  their
                   rationale  relating  to  other provisions of the
                   bill,  that   to  require referral  would deprive
                   the judge of  discretion  in the  exercise  of

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                     STATUTES  AND  LEGISLATIVE  HISTORY
                                        1645
his equitable  powers.  More  importantly,  they
argued  that to  require referral of cases could
preclude or stifle  decisive action where  needed
in a  given case.  In  addition,  since the  judge
who  voraciously  seeks out  more  of a case-
load  than  he already  has  is  a rarity,  (iiot-
withstanding  the  political   opportunist)  it
seems unlikely  that  the courts will  be at  all
reluctant to preliminarily remit an appropriate
case to the administrative proceedings. This is
particularly true,  since the court retains ju^is-
diction  pending completion of  the proceedings.
  The last sentence  of  section 4(2)  and  the
first sentence  of section 4(3)  (lines 65  to  71)
contain  the essence  of the  philosophy  behind
3055.  Those two sentences read:
  "In  so  remitting  the  court  shall  retain
jurisdiction of  the action  pending completion
thereof  for  the  purpose   of  determining
whether adequate protection  from  pollution,
impairment or  destruction  has been  afforded.
  "Upon completion of such proceedings,  the
court shall adjudicate  the impact of the  de-
fendant's conduct on  the air, water  or other
natural  resources  and  on  the  public  trust
therein in accordance  with this act."
  In  addition  to  affording  immediate  access
to  the  courts,  3055  provides  for  immediate
review  of  administrative  actions.  But  it is
the kind of judicial  review  that is significant.
Ordinarily, the  scope  of review is limited to
those cases where the  administrative decision
is:
   (a)  In  violation  of the  constitution or  a
statute.
   (b) In excess of the statutory authority or
jurisdiction of  the agency.
   (c)  Made upon  unlawful  procedures  result-
ing in  material prejudice to a party.
   (d) Not supported  by competent,  material
and substantial evidence on  the whole  record.
   (e)  Arbitrary, capricious or  clearly  an abuse
or unwarranted exercise of  discretion.
   (f)  Affected  by other substantial and mate-
rial error of law.31
  Direct review under  3055,  however,  is avail-
able  irrespective  of  these considerations  and
of  whether  the  agency followed established
substantive rules, regulations  or  guidelines.
The  courts  have always  had  authority  to
review   administrative  regulations,  and  the
exercise of discretion   thereunder, to protect
constitutional  rights.32  But they have not  had
the  authority   to  pass judgment  upon  the
substantive content  of  a  rule  or  regulation
absent  a showing of  its unconstitutional  op-
eration. Absent  a  showing  of  one  of  the
generally accepted bases for  overturning  ad-
ministrative decisions,  to arm the courts  with
override authority of the kind granted pursuant
to  section 4(3)  (".  .  . adjudicate the impact
of defendant's conduct . .  .")  comes parlously
close to running  afoul of the improper  dele-
gation  and  separation  of  powers  principles
noted  above.33
  "The legislative power  prescribes  rules  of
action.  The judicial power determines whether,
in a particular case, such rules of action  have
been  transgressed.8*'*
  Section  4(3),  with  its  directive  to  the
courts  to  override  substantive administrative
rules,   regulations  and  guidelines,  in  adju-
dicating the  effect of a defendant's  conduct
on  the environment,  is, by  operation,  legis-
lating.  Moreover, it does so with  no provision
for standards or guidelines.  Needn't  the de-
fendant  have   promulgated   notice   of   the
standards  which  he must meet?   Or  can he,
in  lieu of  being held accountable to  specif-
ically  prescribed  and  promulgated rules and
standards,  be  set  adrift  in  the  ill-defined

                                 [p.  33109]

morass of "pollution,  impairment or  destruc-
tion"  and  "reasonable  requirements  of  the
public health, safety  and  welfare"? The for-
mer would  seem  to  be the rule.
  "This court has  been  specially vigilant  in
the  guardianship  of  personal and  property
rights as  against uncontrolled delegation  of
the power to  legislate  and enforce at  will. See
the leading case of Oaius v. City  of St. Clair
Shores, 334 Mich. 893, 698  (48 ALR2d 1079);
  "There  is  no  doubt  that a  legislative  body
may  not  delegate to  another  its  lawmaking
powers.  It  must  promulgate, not  abdicate.
This  is not  to say,  however,  that a  subordi-
nate  body or official may not  be  clothed  with
the authority to say when the law shall oper-
ate, or as to whom,  or upon  what  occasion,
provided,  however, that the  standards  pre-
scribed for guidance  are  as  reasonably  pre-
cise as the   subject matter  requires  or  per-
mits.36' "
  And  acceptance  of  the  rule  is  becoming
widespread:
  "There  is  growing  recognition  among  the
state  courts   of  the  healthy principle that  a
person  who relies in good faith on an agency
rule  should   be  held  harmless from  loss   if
that  rule is  later held  invalid, or is amend-
ed.38"
  Section 4(4)  is a  technical  override of sec-
tion 64 of the Administrative Procedures Act
of  1969s7  which,  in  conjunction  with section
4,  could  permit  the  vesting  of   jurisdiction,
upon  review of the administrative  proceedings,
in  a  court other than  that  which  first  took
cognizance of that matter.  Section 4(4)  in-
sures that  judicial review  will be  conducted
by  the  court  originally taking  jurisdiction.

                  Section 5

  Section 5(1)  (lines  79 to 88)  provides for
intervention   at  both  the administrative and
judicial review  levels. Its scope  is as all-in-
       526-703 O - 73 - 31

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1646
LEGAL  COMPILATION—AIR
elusive  as  is  that  of  parties-plaintiff  and
defendant under section 2.
  Section 6(2)  (lines  89  to 95)  purports to
Superimpose  on the administrative agency the
game directive  as is given tbe court under sec-
tion 4(3). That is,  an override  of duly estab-
lished  and promulgated agency  standards and
guidelines is provided. Accordingly, the  anal-
ysis of section 4(3)  is equally applicable to
this section.  The only distinction  is  that this
section is expressly operative at the adminis-
trative  level,  (and  arguably operative  upon
judicial review)  whereas,  section  4(3) is ex-
pressly operative upon judicial review.
  Of the remaining sections 5(3)   (lines  96
and 97), 6  (lines  98 and  99), and 7  (line
100),  5(3)   is  designed  to  prevent  a multi-
plicity  of suits by  stating  that the  doctrines
of  res judicata and estoppel are applicable. It
would be seem that, under its equitable power.
the court could invoke them in any event.
  Section 6  states  that  3055  is  supplemen-
tary  to, not supplantive  of, existing  admin-
istrative procedure.
  Section  7  provides the   effective   date  of
October 1, 1970.

               m. IN RETROSPECT

           A. Reasonable pollution?

  References have been  made to the lack of
definition of terms and preciseness of language
in  3055. With no small amount of effort were
some of the Governor's proposed changes  in-
serted and retained in the  bill.  Other changes
were also made. Perhaps  a sufficient number
of  constructive changes were effected to have
constituted  a decent average in most leagues.
  But  it will  forever be  a cause  of  great
chagrin  that  the  term  "unreasonable"  was
stricken from the  final draft after it reached
 the  floor of  tbe  House.38  The  manner in
which  it was  removed is likewise  a  source of
concern  and  a sad  commentary on  legisla-
tive processes.  The term  was not  used in  the
Sax  draft.  It was inserted in  House  com-
mittee.  Aa  has  been  noted,  the qualifying
language  relating  to "feasible and prudent
alternative" had been deleted  by agreement
Of  all concerned  in  exchange for  retaining
 "unreasonable" .**
   Footnotes at end  of article.

   Nonetheless,  one Democratic  Representative,
 who,  as  chairman  of the  House  committee,
 had been  privy to all drafting sessions, moved,
 as the bill was reported  from committee onto
 the calendar, that "unreasonable" be stricken.
 He had rallied the  number  of  his  Democratic
 colleagues  sufficient  to obtain  the necessary
 minimum  56 votes and the word was excised.40
                   Enough  attention was thereby  focused on  it
                   that any attempt to reinsert the -word would
                   have been an exercise in futility. Public reac-
                   tion,  without understanding  the full  signifi-
                   cance of the term and spurred by conservations
                   paranoia,*1 misguidedly brought sufficient press-
                   ure to bear to keep it out.
                     Thus,  whereas an agreement had been made
                   by  all  principals  involved,  one  Questionably
                   motivated  act  undid it all.  Whereas  a fairly
                   sound  model had been prepared,  the  measure
                   may now  be  of questionable constitutionality
                   for lack of definition.
                     "[A]ny  statute  which  subjects those  who
                   violate its terms to criminal prosecution or  to
                   an  action  for  damages must give tsufficientiy
                   definite]  notice.  Even  a   statute  subjecting
                   violators merely to injunction or to  depriva-
                   tion of  a  prospective gain should give notice
                   where the secondary effect of such a  sanction
                   is to destroy  the value of an existing  invest-
                   ment of time or money.'*42
                     In  any  event the courts  are  now  deprived
                   of  any  handle, which  they  might otherwise
                   have   had, upon  -which   to  rationally,  and
                   with precedent, decide the matters which come
                   before them under the act.
                     This  ia  particularly true,  since, in  review-
                   ing  cases pursuant to 3055,  the courts are
                   directed to prescind from administrative rules,
                   regulations, guidelines, standards and actions."
                   As such, they have no criteria  upon which  to
                   base their decisions. The terms "pollution, im-
                   pairment  and  destruction"  are  in  desperate
                   need  of qualification.  It was strongly  felt that
                   the term "unreasonable" afforded the semblance
                   of  definition.
                     The  action  of  once having  expressly in-
                   serted  the word  "unreasonable"  in   the bill
                   and subsequently removing it, may give rise to
                   a constructive legislative intent that the courts
                   are to regard  "pollution, impairment  and de-
                   struction" in the absolute; that, notwithstand-
                   ing their broad equity powers,  they  are pre-
                   cluded  from  adopting a "rule  of reason."
                      Is  there such a thing as reasonable pollu-
                    tion?  The conservationists  and  the chairman
                   of  the  House  committee  answered,  "No."  It
                    can only be hoped'—for the sake of plaintiffs,
                    defendants,   commerce,  industry, the courts
                    and all of us—that,  notwithstanding  the con-
                    troversy over  the term   "unreasonable" and
                    the ultimate  resolution of that  controversy,
                    the courts find that answer erroneous.

                                 B. The public  trust

                      A  concept  to which much  significance  ia
                    attached in 3055 is that of  "the  public trust".
                    As  first  introduced,  the  Sax draft  used the
                    term  in  several  different  contexts.  In sec-
                    tion 2  it refers to "... public trust in the
                    natural resources  of  the  states". In  section 3
                    the phrase is  ". . . natural resources or the

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                     STATUTES  AND  LEGISLATIVE  HISTORY
                                       1647
public trust  of  the  state".  In section  4 it
speaks simply of "the public trust".
  Unquestionably,  Professor  Sax  knew what
be meant by  the term. But the confusing  and
different contexts in  which  it  was  used  and
the complexity  of  the concept  itself,  as  Sax
defined  it,  was  disconcerting. Moreover, there
are different  conceptions  of  public trust.  Ac-
cordingly, a motion was made in  House com-
mittee that it be stricken.  As  a compromise,
an  expression  consistently  used  throughout
the enrolled bill was  decided upon.  Now  the
act speaks  in terms of the  ".  . . air,  water,
or other natural resources or the  public trust
therein".
  Sax urges a very special  significance to the
term. He states that:
  "Confusion  has arisen  from  the failure of
many courts  to  distinguish  between the  gov-
ernment's  general  obligation to  act for  the
public  benefit,  and  the  special,  and  more
demanding,  obligation  which it  may have as
a trustee of certain public resources."*4
  Presumably, as was  said  at the outset,  the
state's  authority  to  regulate  these matters
stems from its  police power.
  But to Sax's thinking, the public trust is
obviously something very distinct from  the
protection of  the air,  water  and other  natural
resources through the police power.
  Among its salient   characteristics  are  the
Public nature of the  resource and use there-
of,  the fact  that the  use is not  to be  sub-
stantially altered, and the  fact that  it  can-
not be  alienated to  a private  interest for a
consideration  (quasi-private  condemnation of
resources).  Thus,  it differs  substantially from
the preservation and protection to be afforded
the state's  natural  resources  under the police
power.  It  connotes  a  trusteeship—a fiduciary
duty to the public.
  The public trust has  received  recognition,
and  in  fact,  is still in its  embryonic  stages,
in the  courts.  It  is  a  principle, the  thrust
of which is  to  preserve  to the  people their
natural  surroundings   in  the  highest   quality
possible  commensurate with the  normal  con-
duct  of human affairs.  Incidentally,   it  has
made the people aware of their surroundings
and  made   administrative agencies responsive
to the  people.  It  has  afforded  public  access
to administrative  determinations.  It   strikes
at the heart  of the low-visibility agency deci-
sion  making.  Says  Sax:
  "[P]ublic trust law  is  not so much  a  sub-
stantive set of standards  for dealing with the
public domain as it is a technique  by which
courts may mend  perceived  imperfections in
the  legislative   and  administrative  process.
The  public trust  approach  which  has  been
developed . . .  and the exercise in applying
that  approach  to  existing  situations  .  .  .
demonstrate that the  public  trust  concept is
more than anything:  else, a  medium  for de-
moc ratization .4G"

                III. CONCLUSION

  That  is  where  3055  began. That is  its  un-
derlying rationale.  To  democratize  environ-
mental  law. To take a step, legislatively, into
an  area into which  up  to now only the courts
have  ventured.  To short  cut the process. To
codify  into  a  statute what  has  been  only
dicta  in the cases  that  the people  are  the
very  real  beneficiaries  of a  trust, the  corpus
of  which is their environment. Will it workT
  As  3055  left House committee with most of
his  recommended changes adopted,  Governor
Milliken gave this assessment :
  "This bill  certainly   will  not be  the  total
answer   to all  our  environmental  problems.
It is  not a  panacea. It will not be the total
answer   to all  our  environmental problems.
But, it  will serve to bring some of them into
focus;  perhaps  more  quickly  than  they  are
now.
  "It will  also,  in some cases, produce quicker
action  from those agencies and instrumental-
ities  of state  and  local  government  whose
responsibility it  is  to  protect the  environ-
ment,  as  well  as from  the polluters them-
selves.
  "Most importantly,   it  will  permit  direct
citizen  involvement  in   bringing much of this
about,  and hopefully,  in so  doing,  will  pro-
duce  an   increasing consciousness  and  con-
science  in  every citizen of this state concern-
ing  the protection   and  preservation  of  his
environment.  For, ultimately,   the  quality  of
our  environment is,   not only the  concern,
but the responsibility,  of every  citizen.
  "If this  measure takes  ua one step closer to

                                  [p.  33110]

that realization  it will have been  worth  the
effort of its enactment.46"
  3055  may  do  this and much  more.  Its  con-
cept is  bold, though  its execution might have
been  better.  If  it  can  withstand  constitu-
tional  attack,  or if it  can  be satisfactorily
amended to provide for more definitive stand-
ards,  it could revolutionize environmental law.
The potential ramifications  are virtually  un-
limited. Which  of them will  be realized, and
to  what extent, must   await case by-case  de-
velopment  under the Act.
  The  businessman-industrialist — especially  in
Michigan — awaits in   frightened  expectation;
the activist-conservationist in childlike frenetic
excitation.

                  FOOTNOTES
       h. Camp. L. of 19t8, 5  691.1201-07 (Act
127, P.A.  1970).

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1648
LEGAL  COMPILATION—AIR
  2 Professor of Law, University  of Michigan.
A.B.,  1957,  Harvard University; J.D.,  1959,
University  of  Chicago.  Has taught  at  the
University of Colorado and at the University
of  California  at  Berkeley.  In  Washington,
D.C.,  from  July,   1969,  to  July,  1970,  he
studied, on  a Ford  Foundation grant,  the use
of law in environmental quality  controversies.
  * An organization, in turn comprised  of 60
or more organizations,  the natures of  which
span the spectrum  from local PTAs, to black
unit  councils,  to  Kiwanis clubs,  to  garden
clubs  to  conservation groups. WMEAC  was
formed in the  Spring of 1968 at  the initiation
of Mrs. Willard E. Wolfe of Grand Rapids. Its
stated purpose is  to  coordinate  information,
to  educate   the  public,  and  "take whatever
action is necessary"  to  protect  the environ-
ment. This action  has largely taken the form
of  encouraging  legal and  legislative   action
and  generating support  therefor.  WMEAC
has   been   most successful  in   enlisting   the
support  of otherwise not  primarily conserva-
tion  oriented groups. It first confronted Pro-
fessor Sax  on  January   28,  1969,  with  its
problem: a need  to effect  governmental  ac-
tion  in  the  protection  of  the  environment.
3055 is the  result.
   4 Representative  Thomas J. Anderson, Dem-
ocrat of  the 28th  House  District,  introduced
the  bill  as  its sole  sponsor.  An engineer by
profession,   after  10 years  of  local  political
activity, he was first elected  to  the House in
1964.  He was  reelected in 1966 and 1968 and
stands for reelection in November, 1970. He is
co-chairman of  the  House  Conservation  and
Recreation   Committee.  Mich-  Man.  1969-70
 (Mich. Dept. Ad.)  at 191.
   E The House Committee on Conservation  and
Recreation  is  comprised of  IS members,  one
of  whom is a member of  the bar. Mich.  Leg.
Hdb.  1969-70.  (Comp. by Kenyon and Thatch-
er,  1969).  Since the bill  was labeled  a  con-
servation measure, it was assigned to that com-
mittee. More appropriately it might have  been
referred to House  Judiciary.
   6 Representative  Warren N. Goemaere, Dem-
ocrat of the  72nd  House District, although
technically  designated "co-chairman", is chair-
man  of the committee  for  the  1970 session.
Like  Anderson, he was   first elected  to  the
House in 1964, was reelected in 1966 and 1968,
and  stands  for  reelection  in November, 1970.
Mich. Man. 2969-70, supra. Note 4, at 197.
   7  Testimony of the author, Hearings on  H.B.
3055 before House  Conservation and Recreation
Committee, 75th Mich. Leg., Mar. 18, 1970  (un-
reported).
   8 See  Appendix,  infra.  House  Bill  3066  as
introduced  April 1, 1969,  5 2. The purpose for
 removing  the  reference to the "State"  in the
 enrolled bill was  to  avoid potential res  judi-
 cata  or  estoppel  problems;  to  avoid  a  con-
struction that would preclude an action where
                   a  prior  suit had litigated the same issue  on
                   similar or identical facts,  but through  a dif-
                   ferent party-plaintiff.  Though maintained in
                   the names of distinct parties-plaintiff, because
                   the cases were declared to be  in "the name of
                   the  State",  the  legal  identity  of the  single
                   party—the  State—might  have  been  imputed
                   to the plaintiffs.
                      The reference  to the doctrines  of res judi-
                   cata  and  estoppel  in  the  enrolled bill (See
                   Appendix, infra,  §5(3),  (lines 96  and  97)  is
                   to  the  customary  application of  those  doc-
                   trines.
                      M Mich.  Comp.  L.   of  1948,  §  691.1201-07
                    (Act 127,  P.A. 1970).
                      8b Environmental  Protection  Act  of  1970,
                   S3575, 91  Cong.  2nd sess., 1970.
                      "Mich. Const.,  art 4, § 62.
                      10 See  Appendix,  infra, Enrolled House Bill
                    3055,  §§ 1, 3(1), 4(1), 4(2), 4(3), 5(1) and
                   6(2).
                      11 McDonald  v.  Schnipke, 380 Mich.,  14, 22,
                   25, 26, N.W. (1968).
                      12 Mich.  Const.  Con.  1961—Official   Record
                    (Knapp. ed.)  Committee Proposal 125,  Vol.
                    II, at 2602-05.  Mr. Millard  reported  as fol-
                    lows  (at 2602) :
                      "The  proposed  section  submitted herewith
                    is  merely declaratory  and has  no automatic
                    self executing quality. The wording has been
                    examined  by Professor William  Pierce  of  the
                    law  school  of  the University  of Michigan,
                    who  asserts that the  section would not alter
                    existing water  law in any respect, either  in
                    riparian rights,   meander  lines  or otherwise.
                    Nor  would the  declaration of a  public para-
                    mount interest in  the air  interfere with  the
                    traditional common law  doctrine  of the con-
                    trol  of  air space  above  real  property.  Nor
                    would   existing   vested   rights   in  property
                    holders  of  the  various  forms   of  'natural
                    resources' be in  any fashion  disturbed."
                      The consequence of adoption  of the  pro-
                    vision, in short, does  not lie  in any alteration
                    of existing law.
                      Mr. Hatch reemphasized the  fact that  the
                    language  is not self executing  (at 2603):
                      "I want to make it perfectly clear that this
                    amendment is  merely declaratory. It  has  no
                    automatic self executing qualities."
                      And Mr.  Millard confirmed this again  (at
                    2605).
                      "We  have to  have  some protection   against
                    the waste of our natural resources.   We  do
                    that  now. Our  legislature does  have  control
                    over the  natural  resources, the use of them,
                    and  I  feel that  in  the  future  that  ttrs is
                    more or  less  just a memorializing   of  the
                    legislature,  that  they  have  the  right,  the
                    power.  We are  not  giving them  any  power.
                    They have  that power.  We are  just  telling
                    them to  look  out  into  the  future  for  our
                    natural resources, the air and the water, and

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                    STATUTES  AND LEGISLATIVE  HISTORY
                                       1649
to make  some  regulations  so  that they  will
not  be  used  up  for  the  other  generations
that are to follow."
  is McKibbin v.  Corp.  &  Sec. Comm.,  369
Mich., 69, N.W.  (1963).  Although speaking of
the delegation of authority  to  an agency, the
rule o"  McKibbin is  equally—and  more—ap-
plicable to a delegation  to the  courts.
  14 Time Mag.,  August  24,  1970,  at  37.  The
first state law  of its  kind  in  the U,S., the
Michigan statute  could  inspire a flurry of
odd-ball  suits.  If  a Detroit resident  dislikes
auto pollution,  for example, he might  well ask
a court to ban all downtown traffic.
  13 Mich. Const.,  art.  3,  § 2.
  16 See  People  v.  Piasecki, 333 Mich.  122, 52
N.W. 2d 626 (1952); Local 321, State, County
and  Municipal  Workers  of America v. Dear-
born, 311 Mich.  674, 19  N.W.  2d 140  (1945);
and Parker, " Separation of Powers Revisited",
49 Mich. L. Rev., 1009 (1951).
  " Lewis v. Grand Rapids, 222 F. Supp.  349,
378 (W.D. Mich. 1963).
  *s Northwood  Properties  Company  v. Royal
Oak City Inspector, 325  Mich. 419,  39 N.W.
2d 25  (1949).
  is In re Consolidated Freight  Co., 265 Mich.
340, 343, 251 N.W. 431,  (1933).
  20 Goethal v.  Kent County Supervisors, 361
Mich.  104, 113,  104  N.W. 2d  794 (1960).
  21 Johnson v.  Kramer  Freight  Lines,  357
Mich.  254, 257-8,  N.W.  (1959).
  22 McKibbin, Supra,  Note 13.
  23 Sec. 2(2)  was  added in the  Senate Con-
servation  and  Tourist  Industry  Committee.
Senator  Basil W. Brown, Democrat of the 6th
Senatorial District, proposed and  moved the
adoption of the language. A most able lawyer,
Senator   Brown  later  informally  speculated
that  the language  may  not survive  constitu-
tional attack.
  24 See  Appendix,  infra, Environmental  Pro-
tection Act of 1970, S. 3575,  91  Cong., 2d Sess.
§ 4(e)  (1970),  which  provides:
  "No bond shall be required by the  court of
the plaintiff: Provided.  That  the  court may,
Upon  clear  and  convincing evidence offered
by  the defendant that the relief required will
result in irreparable damage to the defendant,
impose a requirement for security to cover the
costs  and  damages  as  may be  incurred by
defendant  when relief is wrongfully  granted:
Provided further, That such security shall not
be  required of  plaintiff if the  requirement
thereof would unreasonably hinder plaintiff in
the maintenance  of his  action  or  would  tend
unreasonably to prevent a full and fair hearing
on  the activities  complained of."
  Quite  clearly  the  provision  says  nothing,
except that the  court may  or  may not, in its
discretion, require bond. The language in En-
rolled Bill 3055 was appended  on  the  floor of
the  House, it having  been  decidedly  rejected
in  House Committee.
  '* Black's   Law  Dictionary   1353   (4th  ed.
1951) says of prime, facie ccee that:  "A liti-
gating party is  said  to  have  a  prima  facie
case when the evidence in  his  favor  is  suffi-
ciently strong  for his opponent  to be called
on  to answer it. A prima  facie  case  then is
one  which   is  established  by   sufficient  evi-
dence,  and   can  be  overthrown  only  by  re-
butting  evidence adduced  on the  other side."
  wMich. Gen.  Ct. R. 601  states: "The bur-
den  of  proof,  presumptions,   judicial  notice,
and  other rules  of evidence shall be  accord-
ing  to  the   common  law except  as  modified
by statute or court rule."
  Thus, the  "exception"  for  the  "affirmative
defense"  is  somewhat ambiguous. If   in  fact
section  3(1)  makes  an  exception  from  the
common  law rule  that the burden of estab-
lishing  such a  defense is  on   its proponent,
it fails  to state what rule  shall  govern. Ac-
cordingly, an assumption must be made that
no "exception"  is in fact created.
  27 Professor Sax strongly urges this point.
See  Sax,  "The Public  Trust Doctrine  in  Nat-
ural Resource  Law:  Effective  Judicial Inter-
vention",  68 Mich. L. Rev.  473  (1970).
  28 On  April  14,  1970,  a  meeting was held
in  the  Washington, D.C.  office of Professor
Sax,  In  attendance   were:   Representatives
Anderson  and Goemaere, Senator Gordon Rock-
well,  Chairman  of the   Senate  Conservation
and  Tourist Industry  Committee,  Mr. James
L.  Rouman, then  Executive  Director of  the
Michigan  United Conservation  Clubs,  Profes-
sor  Sax,  and  the  author.  With  all   present
concurring,  the  author agreed  to  the  deletion
of this  language and, in  turn. Professor Sax
agresd that  the word "unreasonable"  remain
in  the  bill. Representative Goemaere  subse-
quently moved that the word  "unreasonable"
be stricken— see  pp. 20—22, infra.
  2» United States v. Western Pacific R.R. Co.,
352  U.S.  59, 63-4  (1956).
  30 Mich. Comp. L. of 1948, §§ 24.201-24.313.
  31 Id. § 24.306.
  82 Lewis v. Grand Rapids,  supra, at  Note 17.
  83 Cf.  pp.  8 and 9. Notes  15-22,  supra.
  34 In  re  Consolidated   Freight  Co., supra.
Note 19, at 343.
  83 O'Brien  v. State Hwy.  Commr., 375  Mich.
545, 557,  N.W.  (1965).
  30 Cooper,  State  Administrative  Law,   267
§  4(D)  (1965).
  37 Mich. Camp. L. of 1948, § 24.264.
  38 See  S.   3575,  91  Cong., 2d Sess.  (1970),
§§  2(b),  3 (a)   and 4 (a),  wherein the  word
"unreasonable"  appears. The  insertion of  the
term was made by staff  personnel before in-
                                  [p.  33111]
troduction to  the  U.S. Senate Committee on
Commerce.
  38 Cf. pp.  14 and 15, Note  28, eupra.

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1650
LEGAL  COMPILATION—AIR
  *° The  Michigan House  has  110  members.
Thus,  66  votes were  needed to carry  Repre-
sentative  Goemaere's  motion.  The  House  of
the 7Sth Legislature  has a constituency of 67
Democrats  and  63  Republicans,  Mich.  l>eff.
Hdb.  1969-70.  The record role call on  Repre-
sentative Goemaere's  motion reflects 61 Demo-
crats   and  6  Republicans  voting  "Yea",  H.
Journal No. 67,  75th  Leg. Ree. Sess.   (1970),
roll call No. 335  at 1296.
  u The Michigan  United Conservation  Clubs,
through Dr. Frederick L. Brown, its president,
was signally effective here. Spooked by  a prior
legislative  hassle  of  some  years before when
the word  "willful" crept into  a conservation-
ist  piece  of   legislation,  Brown  vehemently
and vociferously  opposed the term "unreason-
able."  From his  testimony, and specific refer-
ences  to  the  fact, it  was  clear  that  Brown
and  other  conservationist  interests   errone-
ously imputed  to  the  word the  same connota-
tion  as in  commonly  ascribed to "willful".
  *>6S Harv. L.  Rev. 77, 78-9  (1948).
  43 Cf. pp. 8,  9,  11-19, Notes 16-22, 31-36.
  " Sax, supra. Note 27  at 478.
  «Id. at 609.
  18 Press  release.  Governor  William  G. Mil-
liken,  Mar. 31, 1970.
  From  the  perspective  of both  Legal  Ad-
visor  to  Governor William G.  Milliken  and
ad  hoc counsel  to  the  House committee which
drafted the  measure,  the  author  affords  an
incisive   analysis  of  Michigan  House  Bill
3055.  The  Environmental  Protection  Act of
1970,  effective  October  1,  1970. The  Michi-
gan   Legislature  maintains   no  permanent
record of its committee  hearings or floor  de-
bate.  Accordingly,  through his  observations
and  recollections,  the  author  here  provides
the  only  recorded  history, with a  focus  on
legislative intent,  of  the passage  of this  re-
markable Act.  Since  the Michigan version  is
expected  to  be  the model  for  the enactment
of  similar  measures  in  other states  (now
pending  in  Colorado,   Massachusetts,  New
York, Pennsylvania, Tennessee  and the U.S.
Congress, and  expected  to  be  introduced  in
Texas and California) and since there prom-
ises to be much  litigation brought pursuant
to  the Act,  this article  should  be of partic-
ular   value  to   legislative  members and  ad-
ministrative officials,  as  well aa to  corporate,
government  and private attorneys.
                   APPENDIX

 (Enrolled House Bill  No.  3066  as signed by
   Governor  William G.  Milliken  on  July  27,
   1970 (Act 127,  P.A. 1970, Mich. Comp. L.
   1948, 55  691.1201-07))
                     An Act to provide for actions for declara-
                   tory  and  equitable  relief  for  protection  ol
                   the  air,  water  and  other  natural  resources
                   and the public  trust therein; to prescribe the
                   rights,  duties  and  functions of the  attorney
                   general, any political subdivision of the  state,
                   any instrumentality or agency of the state or
                   of  a political  subdivision  thereof,  any  per-
                   son,  partnership,   corporation,   association,
                   organization  or  other  legal  entity;   and  to
                   provide   for   judicial   proceedings   relative
                   thereto.
                     The People of the State of Michigan enact:
                     Sec.  1.  This  act shall  be known  and  may
                   be  cited as the "Thomas  J.  Anderson, Gordon
                   Rockwell environmental protection act  of 1970",
                     Sec. 2  (1)  The  attorney  general, any  polit-
                   ical subdivision of the state, any instrumental-
                   ity or  agency  of  the state or  of  a political
                   subdivision thereof,  any  person, partnership,
                   corporation, association,  organization  or  other
                   legal entity may  maintain  an  action in the
                   circuit   court  having  jurisdiction  where  the
                   alleged   violation  occurred or  is likely  to oc-
                   cur for  declaratory and  equitable relief against
                   the state,  any political subdivision thereof, any
                   instrumentality or agency of the state or of a
                   political subdivision thereof, any person, part-
                   nership, corporation,  association, organization
                   or  other legal entity  for  the protection of the
                   air, water and  other natural resources and the
                   public  trust  therein  from  pollution,  impair-
                   ment or destruction.
                      (2) In  granting relief provided  by subsec-
                   tion  (1)  where there is involved a  standard
                   for pollution  or  for an  anti-pollution device
                   or  procedure, fixed  by rule or otherwise,  by
                   an instrumentality or agency  of the state or
                   a political subdivision thereof, the court may:
                      (a) Determine  the validity, applicability and
                   reasonableness of the standard.
                      (b)  When a court finds  a standard  to be
                   deficient,  direct the  adoption  of  a  standard
                   approved  and specified by  the court.
                     Sec.  2a. If the court has  reasonable ground
                   to  doubt  the solvency of the  plaintiff  or the
                   plaintiff's  ability  to pay any cost or judgment
                   which might be rendered against him in  any
                   action  brought under this  act the  court may
                   order the plaintiff to post  a  surety bond or
                   cash not to exceed $500.00.
                      Sec,  3.  (1)  When the plaintiff  in the ac-
                   tion has made  a pritna facie showing that the
                    conduct of the defendant has, or is  likely to
                    pollute, impair or destroy  the  air, water or
                   other natural  resources  or the public   trust
                    therein, the  defendant may rebut  the  prima
                    facie showing  by the submission  of evidence
                    to  the  contrary.  The   defendant  may  also
                   show, by  way  of  an affirmative defense, that
                   there is no  feasible and prudent  alternative
                    to  defendant's  conduct  and  that  such con-
                   duct is consistent with  the promotion of the

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                    STATUTES  AND  LEGISLATIVE  HISTORY
                                       1651
public health,  safety  and  welfare in light of
the state's  paramount  concern  for the  pro-
tection  of its natural  resources from pollu-
tion,  impairment  or  destruction.  Except  as
to the  affirmative defense,  the  principles  of
burden  of proof  and  weight  of the evidence
generally applicable  in  civil  actions   in  the
circuit  courts  shall  apply to  actions  brought
under this  act.
   (2)  The court  may appoint  a  master or
referee,  who  shall  be a   disinterested  person
and   technically  qualified,  to  take  testimony
and  make a record  and  a report of his  find-
ings to the court in the action.
   (3)  Costs may be  apportioned to the parties
if the  interests  of  justice require.
   Sec. 4. (1)  The court may grant temporary
and   pei manent  equitable  relief, or may im-
pose  conditions  on  the   defendant that are
required  to  protect  the  air, water and  other
natural  resources  or  the  public  trust  there-
in from  pollution,  impairment  or  destruction.
   (2)  If administrative,  licensing or  other
 proceedings are  required  or  available to  de-
termine  the  legality of  the  defendant's  con-
 duct,  the  court may remit  the   parties  to
such  proceedings,   which  proceedings  shall
 be  conducted in  accordance  with and  sub-
 ject  to  the  provisions of  Act  No. 306 of  the
 Public   Acts   of  1969, being  sections  24.201
 to 24.313 of  the Compiled  Laws  of  1948.  In
 so remitting  the  court  may  grant temporary
 equitable relief  where necessary for  the pro-
 tection  of the  air,  water  and  other  natural
 resources or  the  public  trust  therein  from
 pollution,  impairment or  destruction.  In  so
 remitting  the court  shall  retain  jurisdiction
 of the  action pending completion thereof for
 the purpose  of  determining whether  adequate
 protection from  pollution,  impairment or de-
 struction has been  afforded.
   (3)   Upon  completion  of  such   proceed-
 ings,  the  court shall adjudicate  the impact
 of the defendant's  conduct on the air,  water
 or other natural  resources  and on the  public
 trust  therein in  accordance  with this  act.
 In such adjudication the  court  may order that
 additional evidence  be  taken  to  the  extent
 necessary  to  protect the rights recognized  in
 this act.
    (4)   Where,  as  to  any  administrative,   li-
 censing or  other   proceeding  judicial review
  thereof  is available, notwithstanding  the pro-
  visions to the contrary of  Act No. 306  of  the
  Public  Acts  of  1969,  pertaining  to judieia
  review,  the court originally taking jurisdiction
  shall  maintain  jurisdiction  for  purposes  of
  judicial review.
   Sec.   5.  (1)   Whenever  administrative,   li-
  censing  or  other   proceedings,  and judicia
  review  thereof  are  available by  law,  the
  agency  or  the  court may permit  the  attorney
  general, any political subdivision  of the state
any  instrumentality or  agency of the state or
of a political  subdivision  thereof,  any  per-
son,  partnership, corporation, association, or-
ganization  or  other  legal   entity  to  inter-
vene as a  party on  the filing of  a pleading
asserting that  the proceeding or  action for
judicial  review  involves conduct  which  has
or which is likely to have,  the effect of  pol-
luting,  impairing or destroying the  air,  water
or other natural  resources or the public  trust
therein.
   (2)   In  any such  administrative, licensing
or other proceedings,  and in any  judicial  re-
view thereof, any alleged  pollution,  impair-
ment or destruction  of  the air, water or  other
natural resources  or  the public trust therein,
shall be  determined,  and no conduct  shall be
authorized  or  approved  which   does,  or  is
likely  to have such  effect  so long as  there
is  a  feasible  and  prudent  alternative con-
sistent  with   the  reasonable  requirements  of
the  public  health, safety and  welfare.
   (3)   The  doctrines   of  collateral  estoppel
 and res judicata may be applied by the  court
 to  prevent multiplicity of suits.
   Sec.  6.  This act shall be  supplementary  to
 existing  administrative  and regulatory  pro-
cedures provided  by  law.
   Sec.  7. This act shall take effect October 1,
 1970.
   This act is ordered to take immediate effect.
      HOUSE BILL No. 3055, AS INTRODUCED
                  APRIL 1, 1969

   A bill to provide for action for declaratory
 and equitable relief for protection of  the  air,
 water  and  other  natural   resources  of  the
 state;  to prescribe  the duties of the attorney
 general,  political  subdivisions   and   the   citi-
 zens  of the state; and to  provide for judicial
 proceedings  relative thereto.
   The people of the State of Michigan enact:
   Sec.  1.  This  act shall  be  known  and   may
 be  cited as the "natural resource conservation
 and environmental  protection act of 1969".
   Sec.  2. The attorney general,  a city, village
 or  township or  a citizen  of  the  state   may
 maintain an action for declaratory  and  equi-
 table relief  in  the  name of  the state against
 any  person,  including a   governmental  in-
 strumentality  or  agency,   for   the  protection
 of  the air, water and other  natural  resources
 of  the  state  from  pollution,  impairment  or
 destruction, or  for  protection  of  the public
 trust  in the natural  resources  of the state.
    Sec.  3.  (1) When the plaintiff in  the action
 has made a prima  facie showing that the  con-
 duct of  the defendant  has, or is  reasonably
  likely  to  pollute, impair  or  d-estroy  the air,
  water  or other natural resources or  the public
  trust  of  the  state,   the   defendant  has  the

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1652
LEGAL COMPILATION—Am
burden  of establishing  that  there is  no  fea-
sible  and  prudent  alternative  and that the
conduct, program or product at issue  is  con-
sistent  with and reasonably  required for  pro-
motion  of the public health, safety and  wel-
fare  in light  of  the state's  paramount  con-
cern  for  the  protection of  its  natural  re-
sources  from  pollution,  impairment   or  de-
struction.
   (2)   The court may  appoint  a master or
referee, who  shall  he  a disinterested  person
and  technically  qualified,  to take  testimony
and  make a report  to the court in the action.
The  costs thereof may  be apportioned to  the
parties if the  interests  of justice require.
   Sec. 4. (1) The court may grant temporary
and  permanent equitable relief,  or may  im-
pose  conditions  on the  defendant that  are

                                  [p. 33112]

required  to  protect the  public  trust  or air,
water  and  other   natural   resources   of  the
state from pollution, impairment or  destruc-
tion.
   (2) If  administrative, licensing  or  other
such  proceedings  are required or available to
determine the  legality of the defendant's con-
duct, program or product, the court may  remit
the parties to such proceedings. In so remitting
the court may grant temporary  equitable relief
where  appropriate  to  prevent irreparable in-
jury  to the natural resources or public trust
of the state. In so remitting the court  shall
retain  jurisdiction  of the action  pending  com-
pletion thereof, for  the  purpose  of determining
whether adequate consideration has been  given
to the  protection of the  public  trust  and the
air,  water or  other natural  resources of the
state from pollution, impairment or  destruc-
tion, and, if so, whether the agency's  decision
is  supported  by  the  preponderance  of  the
evidence upon the whole record.
   (3)  If  such  consideration  has  not   been
adequate,  the court shall adjudicate the impact
on the public trust  and air,  water and natural
resources  of the state in accordance with the
preceding sections of this act, or where, as to
any  such  administrative, licensing  or  other
proceeding,  judicial review  thereof  is  avail-
able,  the  parties  shall  be  remitted  to  the
processes  of such review as  augmented by sec-
tion  5, and upon the vesting of  jurisdiction in
any  other court  of the state,  the court may
dismiss the action  brought  hereunder  without
prejudice to the parties.
   Sec.   5.  (1) In  such administrative, licens-
 ing or other proceeding, and in  a judicial re-
view thereof made available by law,  the at-
torney general, a city,  village or township, or
a citizen of the state may intervene as a party
on the filing  of a  verified  pleading asserting
that the proceeding or  action for judicial re-
view involves conduct,  programs or  products
                   which may have the effect of impairing, pollut-
                   ing or destroying the  public trust or air, water
                   or other natural  resources of the state.
                      (2)  In any  such   administrative,  licensing
                   or  other proceeding,  the agency shall  con-
                   sider  the  alleged  impairment,  pollution  or
                   destruction  of the public trust of air, water
                   or  other natural resources  of  the state and
                   no  conduct,  program  or   product  shall  be
                   authorized or approved which does, or  is rea-
                   sonably  likely to have  such  effect so  long  as
                   there  is  a  feasible   and prudent alternative
                   consistent with the reasonable requirements of
                   the public  health, safety and welfare.
                      (3) In an  action for judicial review of any
                   proceeding  described  in  subsection  (2),  the
                   court, in addition to  any other  duties imposed
                   upon  it by law,  shall grant review of claims
                   that  the conduct, program  or  product under
                   review has,  or is reasonably likely to  impair,
                   pollute or  destroy the public trust or  the  air,
                   water or other natural resources  of the state,
                   and in granting such  review  it shall follow the
                   standards and proceedings set forth in  this act
                   in  addition  to the review  authorized  by  Act
                   No. 197 of the Public  Acts of :952, as amended,
                   being sections  24.101  to 24.110 of the Com-
                   piled Laws of 1948.
                      Sec.  6.   In an action  where a plaintiff or
                   intervenor  seeking   judicial adjudication  as
                   provided by  this  act has failed  to  intervene
                   in  any administrative, licensing or other such
                   proceedings,  the  court  may  remit such plain-
                    tiff  or intervenor  to  such  proceeding  for
                   amplification of  the  record  therein, and may
                   order the granting  of  intervention  and  the
                   granting of  review therein as provided in  sec-
                   tion 5, However, where intervention was avail-
                   able  in  such  administrative,  licensing or other
                    proceedings,  and where the  plaintiff or inter-
                    venor  seeking  judicial  adjudication hereunder
                    wilfully and inexcusably refused  intervention
                    therein, the court may dismiss the action with
                   prejudice to the plaintiff or intervenor.

                                       s. 3576

                    (Environmental  Protection  Act of 1970,  91st
                      Cong., 2d  Sess., introduced Mar. 10,  1970,
                      by  Senators  PHILIP A.   HABT  and  GBORGB
                      MCGOVEBN)

                      Be  it enacted by  the Senate and  House
                    of Representatives  of the  United  States of
                    America in   Congress  assembled.  That  this
                    Act may be  cited as  the "Environmental Pro-
                   tection Act of 1970".
                      SEC. 2.  (a) The Congress finds and declares
                    that each person is entitled by  right to  the
                    protection, preservation, and  enhancement ol
                    the air, water, land, and public trust of  the
                    United States and that  each person  has  the
                    responsibility to contribute to the  protection
                    and enhancement thereof.

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                    STATUTES AND LEGISLATIVE  HISTORY
                                       1653
   (b)  The  Congress  further  finds  and  de-
clares  that  it  is  in  the public  interest  to
provide each person with an adequate  remedy
to  protect  the air,  water,  land,  and  public
trust of the United  States from unreasonable
pollution, impairment, or destruction.
   (c)  The  Congress  further  finds  and  de-
clares  that hazards  to  the  air, water,  land,
and public  trust  of the United  States  are
caused  largely  by persons  who are  engaged
in  interstate commerce,  or in  activities which
affect interstate commerce,
   SEC. 3.  (a)   Any person may maintain an
action for  declaratory  or equitable  relief  in
his  own  behalf or  in   behalf  of  a class  of
persons similarly situated, for the protection
of the air,  water,  land,  or public trust of the
United States  from   unreasonable  pollution,
impairment, or destruction which results from
or reasonably  may result from any  activity
which  affects  interstate  commerce,  wherever
such activity and  such  action for relief  con-
stitute a case or controversy. Such action may
be maintained  against any person  engaged in
such activity and may be brought,  without re-
gard to the  amount  in controversy,  in  the
district court  of the  United  States  for any
judicial  district in which the defendant re-
sides,  transacts business or  may be  found:
Provided, That  nothing  herein shall be  con-
strued  to   prevent  or  preempt State  courts
from  exercising: jurisdiction  in such  action.
Any complaint  in  any  such  action  shall  be
supported  by  affidavits  of not less  than two
technically  qualified persons  stating that  to
the best of their knowledge the activity which
is the  subject of the action damages or reason-
ably may damage the air, water, land,  or pub-
lic  trust  of the United States by  pollution,
impairment, or destruction.
   (b)   For  the purpose of this section,  the
term "person" means any individual or organi-
zation; or  any  department,  agency  or  in-
strumentality  of the  United  States, a  State
or local government, the District of  Columbia,
the Commonwealth of Puerto Rico,  or a posses-
sion of the United States.
   SEC.  4.  (a)  When  the plaintiff has  made
a  prima  facie showing:  that  the  activity  of
the defendant  affecting: interstate  commerce
has resulted in or reasonably may  result  in
unreasonable  pollution,   impairment,  or  de-
struction  of the air,  water,  land,  or public
trust of the United States the defendant  shall
have the burden of establishing that there  is
no  feasible and prudent alternative and that
the activity at issue  is consistent  with  and
reasonably  required for promotion of  the »"bjjo
health, safety,  and welfare in light  of the para-
mount concern  of  the  United States  for the
protection  of  its air, water,  land, and public
trust from  unreasonable pollution,  impairment
or destruction.
  (b)  The court  may appoint  a  master  to
take  testimony and  make a  report  to the
court in the action.
  (b)  The court,  or master,  as  well as the
parties  to the  action,  may subpoena expert
witnesses and require the production of records,
documents, and all other information necessary
to a just disposition  of  the  case-
  (d) Costs may be apportioned to the parties
if the interests of justice require.
  (e) No  bond shall  be  required by the  court
of  the   plaintiff:   Provided, That  the  court
may,  upon   clear  and   convincing  evidence
offered  by the  defendant  that the  relief  re-
quired will result in  irreparable  damage  to
the defendant, impose a  requirement for  secu-
rity to cover the costs and damages as may  be
incurred by  defendant when relief is wrong-
fully  granted:  Provided  further.  That  such
security shall  not be required of plaintiff if the
requirement thereof would unreasonably hinder
plaintiff in the maintenance of his  action  or
would tend unreasonably to prevent & full and
fair hearing"  on the activities complained  of.
  SEC. 6.  The  court  may grant  declaratory
relief,  temporary  and  permanent   equitable
relief,  or  may  impose  conditions  on the  de-
fendant  which  are  required  to  protect the
air, water, land, or public trust of the United
States from pollution, impairment, or destruc-
tion.
  SEC. 6. This  Act shall  be  supplementary  to
existing  administrative  and  regulatory  pro-
cedures  provided  by  law  and in  any action
maintained under the  Act,  the  court  may
remand  the parties to such procedures:  Pro-
vided,  that nothing  in  this section  shall  be
deemed   to  prevent  the granting  of  interim
equitable relief where  required  and so long
as is necessary  to protect the rights recognized
herein:   Provided  further;  That  any person
entitled to maintain  an action under this Act
may intervene as & part in all such  procedures;
Provided further,  That  nothing  herein  shall
be deemed to prevent the maintenance of  an
action, as  provided in this Act, to protect  the
rights recognized  herein,  where  existing  ad-
ministrative   and  regulatory  procedures are
found by  the court  to  be inadequate for  the
protection of such rights:  Provided further,.
That, at the  initiation  of any person entitled
to maintain  an action  under the Act,  such
procedures shall be  reviewable in  a  court  of
competent jurisdiction to the extent necessary
to protect the  rights recognized  herein: and
provided further,  That  in any  such judicial
review  the court shall be bound  by  the pro-
visions,  standards, and procedures of sections
2,  4,  and 5 of  this  Act, and  may  order
that additional  evidence  be taken  with respect
to the environmental issues involved.

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1654
LEGAL COMPILATION—AIR
  Mr. YOUNG of Ohio. Mr. President,
the  legislation  we  are  considering
today may  well  be the most impor-
tant environmental protection measure
ever before  this  Congress.  Its pro-
visions  could mean  that, within  5
years,  the air in  our cities will  be
fit to breathe, no longer endangering
the health of our citizens.
  To accomplish  this  vitally  neces-
sary task will be  difficult. With our
factories  and our  automobiles we
have utterly befouled our urban air.
To  clean it will take bold and drastic
steps.  This  bill  provides  such steps.
  National air quality standards will
be  set at the level necessary to pro-
tect public   health, and  States  and
regions would be  required  to  attain
that quality  of air within a statutory
deadline.  While  States  and  regions
would  continue to have  the  primary
responsibility for implementing those
standards, and enforcing  timetables
and emission requirements on partic-
ular sources, the Secretary of Health,
Education,  and Welfare would have
backup authority  to  do any task a
State was unwilling or unable to do
itself.
  One important  aspect of  this bill
deals  with  emissions  of  hazardous
substances.   The   definition  of sub-
stances  subject  to this  section has
been tightly drawn by

                           [p.  33113]

the committee, so  that only air pollu-
tion  agents which  even  in  trace
amounts cause or  contribute  to an in-
crease  in mortality or  serious irre-
versible or  incapacitating  reversible
damage to health,  will be included.
  The  provision  requires  national
emission  standards   for  such  sub-
stances. The standard must prelim-
inarily be  set at  zero for  any  sub-
stance the Secretary  finds hazardous,
putting the  burden on the emitter to
show that a higher emission  level will
be  hazardous. It was  not intended by
               the committee that a technically un-
               achievable zero emission level  be  set
               unless the substance is so dangerous
               that  any emissions endanger health.
               Only  in  that case would emissions be
               prohibited,  a  step which conceivably
               could force plants to suspend  opera-
               tions. Every possible procedural safe-
               guard is available to an affected  in-
               dustry under  the hazardous substance
               provision: the protections of the Ad-
               ministrative Procedures Act, a public
               hearing  in which to make its case be-
               fore the Secretary, the judicial  review
               of any standard or other to abate to
               which it takes exception.
                 The bill  also sets a dramatic goal
               for  controlling emissions  from  new
               automobiles.  By  1975,  the emissions
               from cars must reach the levels which
               the  National  Air  Pollution Control
               Administration  has   projected   are
               necessary to protect the public  health.
               To avoid disrupting a major industry,
               which contributes much  to the  na-
               tional economy,  the  committee  ap-
               proved a mechanism for extending the
               deadline 1  year if the automobile in-
               dustry,  having made  all  good faith
               efforts,  is unable to meet the  stand-
               ards  by  1975.
                 This is not an arbitrary provision.
               It reflects  the understanding of con-
               trol technology the committee  gained
               through extensive hearings  and meet-
               ings  with the auto industry and  the
               National Air Pollution  Control  Ad-
               ministration.   The  members  of  the
               committee  were  confident  that this
               deadline can be met, and that a clean
               car can  be  achieved without wrecking
               the auto industry.
                  In this bill, $1,190 million is author-
               ized for the costs of research and air
               pollution control. This is only the Fed-
               eral  commitment.  The  States  and
               cities must also heavily involve them-
               selves in this  effort, as must the  pri-
               vate  sector.
                  S.  4358 is the product of much work
               by  the  Subcommittee  on Air  and

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                 STATUTES AND LEGISLATIVE HISTORY
                                1655
 Water  Pollution,  and by the parent
 Committee on Public Works, of which
 I  am a  member.  It is  a  tough bill
 which will give us, finally, the tools
 to clean up the Nation's air.
   Mr. NELSON.  Mr. President, the
 United  States  today is  at  a crucial
 point in the battle to halt the continu-
 ing deterioration of our  physical sur-
 roundings and to begin to provide im-
 proved quality  of life for all our citi-
 zens  and their descendants. As the
 widespread increase in smog episodes
 and  oil-clogged beaches  demonstrated
 this  summer, environmental pollution
 is a national issue which reaches all
 communities, regardless   of size and
 location, and touches each of our lives,
 regardless  of  age  or  social  status.
 Poisoned air, contaminated water, and
 despoiled land  rob  each  one of us of
 a  treasured national heritage  and
 threaten our health and physical  prop-
 erty.  To reverse this trend,  it will
 require  the unified commitment for
 environmental quality of each one of
 us—individual citizens, public officials,
 and the  industrial  community.
  On his 80th birthday, Walter Lipp-
 mann gave evidence of his  sontinued
 prescience  and ability  to  accurately
 survey  our national condition  when
 he noted:
  Our  only  hope is that a sufficiently  large
 number of people will become actively con-
 cerned about the destruction  of  the environ-
 ment.  ... If a  sufficiently  powerful  group
 of people understand  .  . .  (they) can lead
the rest.

  Mr. President, today the Senate of
 the United States is in a position to of-
fer this  Nation the leadership needed
 to succeed in the fight to halt air pol-
lution.  Senator Edmund  S. Muskie
 and  the  Senate Public  Works  Com-
 mittee have brought to  the  floor of
the Senate the toughest piece of en-
vironmental legislation  ever  consid-
ered by Congress.
  S.  4358,  the  National Air Quality
 Standards  Act of  1970,  could mark
the  turning  point  in  the  struggle
against  air pollution. The 1975 dead-
lines for compliance with national air
quality standards and the development
of  a clean car are  essential to  the
protection of public health. The  new
enforcement  provisions  in  the   act
mean  business  and will  insure com-
pliance with those  deadlines.
  I  especially  want to  congratulate
Senator  MUSKIE—not  only  for   his
leadership in writing the  new bill, but
also for bucking the strong  tide  of
industry opposition to this legislation.
Senator  MUSKIE,   Chairman  RAN-
DOLPH,  and the other members of the
committee  have  offered  Americans
new hope for a clean and healthy  en-
vironment.
  As Senator  MUSKIE  stated yester-
day:
  The legislation  we take up  today provides
the  Senate with a moment  of truth: a  tima
to decide whether or not we are willing to  let
our  lives  continue to be endangered by  the
wasteful  practices  of  an affluent society,  or
whether we are willing to take  the difficult but
necessary  steps to breathe new life into  our
fight for a better quality of life.

  I  emphatically  agree. This  legisla-
tion is  a test  of our commitment  to
providing national leadership and na-
tional policy for air pollution control.
  Air  pollution directly  attacks  the
health of all Americans.  This  bill be-
fore us  is a firm congressional state-
ment that all Americans in all parts
of the Nation should have clean air to
breathe,  air which does not attack
their health.  And  this  bill sets  the
goal  of  achieving  clean air  in  the
Nation  within the next few  years.
  The responsibility of this  body  and
of the Congress is to determine what
the public interest requires  to protect
the  health of  tough  decisions  and
equally  rigorous  challenges. But  the
situation is of  such a critical nature
that we  cannot  shirk this responsibil-
ity. It is the proper time to state the
goals and outline for clean  air. This

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1656
LEGAL COMPILATION—Am
bill is an acceptance of this respon-
sibility to protect the public health
and states an outline for clean  air in
clear, precise terms.
  It is particularly encouraging to see
that  S.  4358  recognizes  the  motor
vehicle  as  the  most  serious  single
cause of air pollution  in the country.
Earlier this  year I  proposed  that
January 1, 1975, be the national goal
for the manufacture and sale of non-
polluting automobile engines,  that all
air pollution control devices on  motor
vehicle engines have an extended war-
ranty to make sure that they function
after  the vehicle is on the road, and
that individual  States be  allowed  to
set stricter  emission  standards for
motor  vehicles than required by the
Federal   Government.   The   Public
Works Committee has taken this same
basic  position.
  Contrary to the statements of indus-
try,  this  bill does not dictate  tech-
nology. The measure simply  states
that it shall be  the national policy to
have a clean automobile engine in  5
years.  It issues  a public challenge
to the automobile  industry to devote
their vaunted technological and manu-
facturing resources to  the task  of
meeting this goal. This is a challenge
which is certainly proper for Congress
to issue. It is a  statement of national
policy  which cannot be  compromised
by the Automobile  Manufacturers As-
sociation.
  If  the  Senate  and  the Congress
agree  to  make  clean  air  within the
next 5 years a national goal, we must
also be prepared to  commit  the re-
sources necessary to meet this  prom-
ise. Clean air is not  just the  busi-
ness of industry. If the national chal-
lenge for clean  air is issued, it will
require the hard work  and determina-
tion of  each of  us—private  citizen
and public official as well as the busi-
ness community. We  face  the oppor-
tunity to join together in working for
an improved quality of life—a quality
               of life that we will share together in
               any case. The question is not whether
               we have the means to make coopera-
               tive effort; it is whether we have the
               will and determination.  Today,  this
               question is directly posed to the Con-
               gress and to  this body.
                 Mr.  PROUTY.  Mr.  President,  I
               would like to make a few remarks at
               this time about the new  air pollution
               bill, S. 4358.
                 As cosponsor of S. 3466, the original
               administration bill on air pollution, I
               want  to add my expression of sup-
               port for  this new bill.  Three years
               ago, we passed the Air  Quality Act
               and hopefully  initiated   an  era  of
               gradually reduced air pollution.
                 It  soon  became  clear that  the
               disease proved too strong for our first
               attempt  to cure  it.  For  a variety of
               reasons,  pollution has increased. Iron-
               ically, as we all know, the problem is
               a byproduct of affluence—and  as we
               grow  richer in the years to  come, we
               must not let bad air compete with our
               economic progress for the future.
                 The National  Air Quality Stand-
               ards Act of  1970 contains tough pro-
               visions  to  counteract our   pressing
               problem. I do not wish  to enumerate
               the points of  the bill,  for  excellent
               summaries have already  been  given.
               Rather, I would like to concentrate on
               some  important  aspects  of   the  bill,
               the reasons  for which  enactment is
               imperative.
                 An important underlying philosophy
               of the bill is that it is the right and
               duty of each State to develop its own
               plans to
                                         [p. 33114]

               implement the standards set by the
               Secretary. To be sure, minimum Fed-
               eral standards  are  a must, as they
               free the 50 States from the  necessity
               of competing for business by lowering
               their standards. Yet States especially
               imperiled by foul air are not enjoined

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                STATUTES AND LEGISLATIVE HISTORY
                               1657
from passing  more  stringent  meas-
ures.
  The sensible means  of  attacking
this problem which varies so radically
from one region to the next is,  there-
fore,  at the State  level with the Fed-
eral Government willing and able to
assist when needed.
  An innovative feature  of the bill, in
keeping; with the urgency of the prob-
lem,  is  the establishment of definite
deadlines. State implementation  plans
must be designed  to assure attain-
ment of  national ambient air quality
standards  within  3 years of accept-
ance. The  auto manufacturers  are
required  to reduce pollutant emissions
by 90 percent on their 1975 models. In
each  case the basic tenet of the new
bill is explicit: for the first time, air
quality standards will take precedence
over objections of economic impracti-
cality and technical impossibilities.
Products which make life  easier  at
the cost  of life itself are worthless.
Thus, we  are saying that  industry-
must make peace  with  our environ-
ment and we are placing the emphasis
on how we grow instead of how fast
we grow.
  Would-be polluters are forewarned:
A livable  environment  is more  im-
portant to  man and his survival than
all  of the  marketable  gadgets pro-
duced by our  economy  to make  our
life easier.
  The air pollution bill, therefore, pro-
vides reasonable and effective methods
for solving the air pollution problem
that has plagued  us  for so long. It
merits our support,  not just  as an
expression  of concern, but as  a na-
tional commitment consistent with the
right of all citizens to clean air.
  Mr. MONTOYA. Mr. President, to-
day  the  U.S. Senate faces  a critical
choice. As  a member of the subcom-
mittee on Air and Water Pollution of
the Public Works  Committee,  which
is chaired  by the  distinguished  Sena-
tor from  Maine   (Mr.  MUSKIE),  I
have  watched  this  body  and  this
country become  increasingly aware of
the problems of environmental quality.
  Air pollution  is not simply a prob-
lem of the east  coast or Los Angeles.
America is industrial and mobile, and
that means air  pollution.  I have re-
ceived   numerous  letters  from  con-
stituents in New Mexico raising cbn-
cerns about  the quality of  the air
they breathe as  New Mexicans and as
travelers  to  other  parts  of  this
country. The  city of Albuquerque is
desperately  trying  to  cope  with a
growing air  pollution  problem, and
requested funds of over $263,000 for
its program:  the amount granted to-
taled only $64,000. I would hope that
the stimulus  of the  passage of this
bill and the increased funds it author-
izes would help  communities like this
across the Nation.
  Today we vote on the National Air
Quality Standards  Act of  1970, and
our vote may have great influence on
the kind of world we inhabit within
the next  10  years,  and the kind  of
world  we leave  our  children  and
grandchildren. There is no time left
for delay, for rcexamination after re-
examination. The problem of clean air
has become  critical now.
  Why  is this so? Primarily for two
reasons.  First,  the  growth  of  the
sources   of  air  pollution  is  rising
rapidly. This is particularly true when
we  examine  the case  of  the  auto-
mobile.  This  Nation produces  about
191 million tons of air  pollutants an-
nually, and 92 million tons,  or 48 per-
cent of the  total,  is   produced by
automobiles.  Now here is  the  most
startling fact  relating to air pollution
and  automobiles:  The  number  of
motor vehicles in this country grows
twice as fast as  the number of people.
Every moment we delay we compound
the problem, and  we will eventually
have to face the results of any delay.
Postponement would simply make the

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1658
LEGAL COMPILATION—AIR
problem  more  difficult  and  costly to
cure.
  Automobiles are not the only source
of air pollution  growing at a  very
rapid rate.  Studies  indicate that the
use of electric power will increase even
faster. If these  studies  are correct,
and such studies have usually under-
estimated the increases  in  the  past,
then  this country will be  using five
times more electricity in the year 2000
than we presently use. We must decide
to put  proper controls  on the new
plants that will produce this power
now,  before they are built.  It is  false
economy to build first and then attach
control devices during some later state
of panic. The present bill under con-
sideration would instruct industry to
take  proper  steps now, by  requiring
new facilities to  adopt  the best avail-
able pollution control technology. This
is a  sensible provision,  not an un-
realistic  requirement.
  The second reason clean air has be-
come a  critical  problem is  that we
have  not forced ourselves and our
economic system to include pollution
as  a  "cost"  to  anyone. We have al-
lowed, in fact encouraged, industry to
pollute. If we do not adopt the present
bill before us, essentially in the same
form given it by the Air and Water
Pollution Subcommittee  and the full
Public Works Committee, then we will
be  continuing  the  same  inadequate
system with the same inherent mis-
takes. We  can no longer afford  those
mistakes. In the past an industry re-
ceived no reward if it controlled its
pollution. In fact, it was penalized by
raising  its  own costs  of production.
The  present bill would  put all new
facilities on  the same  footing, and
would also do much to give Americans
clean air.  Competitive  disadvantage
is not created  when all new facilities
are required to  adopt  the  same level
of  pollution control technology. This
is a  reasonable and workable scheme,
               and I would hope that my Senate col-
               leagues would agree with this concept.
                 S. 4358 calls  for the  establishment
               of national air quality standards. This
               by no means eliminates the States, for
               they are responsible for devising im-
               plementation plans so that each State
               can reach the level set in the national
               standards. Our  State and regional or-
               ganizations simply have  not  moved
               fast  enough   in  cleaning  up  this
               country's air.  The present bill acceler-
               ates the cleanup schedule while main-
               taining the States as part of that pro-
               gram.
                 The intense activity  on the part of
               the automobile  industry with regard
               to the deadline of January 1975, for
               compliance  with  emission standards
               that had previously been targeted for
               1980  has drawn the attention  of the
               press  and the  public to this portion
               of  the bill.  I want to make myself
               completely clear on this point: Auto-
               mobiles have  not been singled  out as
               a whipping boy; challenging deadlines
               have been set because automobiles are
               such  a dominant part of the air-pol-
               lution problem.  They simply cannot be
               ignored. The car industry says that it
               does  not know  how it will meet these
               standards by  the dates set in the bill.
               Yet four young students from Wayne
               State University have already figured
               out how, and have driven across the
               country in an  automobile  that meets
               the 1&80 standards right now.  This
               car used  unleaded gas—gas that is
               now   available   at  service  stations
               across the country—and a 1971 Ford
               Capri V-8 engine. In other words, this
               was not some little two-cylinder engine
               nursed across the country by  an ex-
               otic fuel. The students  attached cata-
               lytic mufflers,  an  exhaust recircula-
                tion system, an electric fuel pump, in-
                sulated fuel line,  a carburetor  sensi-
               tive to temperature changes, and pro-
               duced a relatively clean engine.
                  In short, a relatively clean engine by
                1975  is  not  an  unreasonable  hope;

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                STATUTES AND  LEGISLATIVE HISTORY
                               1659
given the experience of these students.
The  past record of the auto industry
shows that it can usually move faster
than it thinks it can when called upon
to do  so. The present bill  does  not
say that Congress knows  how to build
such  an  engine.  It  simply  says  that
the  public health is in  danger,  and
that  we must call  on  the industry
with the know-how to produce such an
engine. 1975 may be too  late. 1980 is
undoubtedly too  late.  We  are  faced
with a crisis, and must act now. Smog
killed 20 and made 5,900 ill in Donora,
Pa.,  in 1948.  Nothing happened.  Im-
pure  air killed 4,000  in London in
1952. Very  little happened. Foul air
caused more  than 700  deaths  above
normal in New York in 1953, 1963,
and  1966. Very little  happened.  Car-
bon  monoxide levels in Chicago,  New
York, and  some other  cities  have
reached  a level  at  which  the public
health is impaired.  The  eastern  saa-
board received  another  scare   this
summer  when it appeared that a seri-
ous  air  pollution crisis  was bearing
down on these urban centers. Unnoted
by these statistics are the  many  peo-
ple who have respiratory  diseases  that
are aggravated by the kind of air they
must breathe.
   Mr. President,  we  must  act  now,
and  we  should act favorably  on S.
4358 without  adding  any  crippling
amendments.
   Mr. COOPER.  Mr. President,  yes-
terday, I spoke on the bill, but today
I emphasized  again  the importance of
the  bill.  Following  its well  developed
tradition,  the Committee  on Public
Works has brought to the Senate floor
unanimously and  bipartisanly report-
ed bill S.  4358,  to  amend  the Clean
Air  Act, and for other purposes. It is
particularly  significant  that this bill
was  reported from  committee unani-
mously and that  the committee  con-
sidered the bill in bipartisan fashion
for the amendments to the Clean Air
Act  represent a great deal  more than
pollution  control  provisions,  rather,
in fact  they constitute social legisla-
tion which, as the distin-

                           fp. 33115]
guished  Chairman  of the Subcom-
mittee has pointed out, constitute per-
haps  the most  significant piece  of
domestic legislation  that  will be con-
sidered  by the Congress this session.
  The quest for environmental quality
has brought the  society  to  the point
of making  difficult  choices.  Difficult
choices  because they affect  economics,
growth, development, and many of the
other traditional  social activities and
goals. To many,  the  placing  of any
constraints  on these activities is out-
weighed by a  continued  unrestricted
growth   and  development.   However,
the committee, in these Clean Air Act
amendments,  views  the  restoration
and maintenance  of  public health as a
paramount objective. The commitee  is
also  cognizant of the fact that con-
tinued  degradation  of  the  environ-
ment through air pollution could cause
serious  changes  in  the natural sys-
tems  regulating   the  biosphere and
possibly destroy the earth's ability to
sustain  life.
  These are not meant to be alarmist
fears. However, the  evidence which  is
accumulating should give every reason-
able man cause for  concern. We now
know, although with varying degrees
of  precision,  that  incident  sunlight
striking the surface of the earth has
been reduced  significantly as a result
of air pollution. In  Washington, D.C.,
for instance, the  Smithsonian Institu-
tion has recorded a 16-percent reduc-
tion in  incident sunlight striking the
surface of the earth at the Mall. We
know that the air pollution is trigger-
ing  competing forces,   one causing
or tending  to cause a cooling of the
earth's   atmosphere and  the  other
causing or tending- to  cause a heating
of the earth's atmosphere, but we are
not clear as to which of these forces

-------
1660
LEGAL COMPILATION—AIR
are predominating.  Both have great
implications for  continued  success of
life on earth.
  Similarly there  is  now  evidence
that air pollution is causing a signifi-
cant deterioration in  the  fertility of
our  soil  through  the leaching  of
essential nutrients that occurs when
acid rainfall  percolates through the
soil. All  of  these  factors  must  be
given great attention by all  of those
of us  who  are concerned  about the
future.
  However, the committee has recog-
nized that short-term adverse effects
of air pollution  involving the health
of the citizens of this Nation must be
remedied  as soon as possible. Since
the enactment of the Clean Air Act in
1963 and the Air Quality Act of 1967,
a great deal of information has been
learned about the  character of air
pollution, its   extent, and  about  its
effects on health and  welfare. The
data can  only be summarized as re-
quiring action. In many areas of this
Nation, and in almost  every metro-
politan region  above  50,000  people,
the quality of the  air is  well below
that  necessary  to  maintain  public
health. For  some  pollution  agents
the problem is particularly severe; for
instance,  carbon  monoxide,   sulfur
oxide,  oxides of nitrogen,  and hydro-
carbons. The effects  produced in these
high pollution  areas range from out-
right  disease  causation to  mutage-
nicity  and carcinogenicity, to substan-
tial  increase  in respiratory disease,
and, significantly, to  decreased  work
performance  and attendance. All of
these problems have reached  propor-
tions  where  the committee  believes
that it is necessary to act to bring air
pollution under control and attain the
quality of air necessary to protect the
health of  our persons. This is the
general objective of  the  bill before
the Senate today.
  The bill  continues  the  subdivision
of the Clean Air Act  into three titles
                to provide  a comprehensive  and sys-
                tematic air pollution control program.
                Title I deals with stationary sources
                of pollution; title II deals with moving
                sources  of  pollution;   and  title  III
                contains  general  administrative pro-
                visions applicable  to  the  overall act.
                In part,  the major changes  proposed
                in title  I  result from the  adoption
                of the President's proposal to  estab-
                lish   national  ambient  air  quality
                standards.  Through  such  standards
                every area  of  the Nation  will  be
                subject to a standard  and, therefore,
                required to develop an  implementation
                plan.  The  committee  modified  the
                President's proposal somewhat so that
                the national ambient air quality stand-
                ard  for any pollution agent represents
                the  level of air quality necessary  to
                protect the health of persons. Further
                the  bill   requires attainment of this
                quality of  air  within   an  established
                period  of  time,  3 years,  measured
                from the date of approval or promul-
                gation  of  the  implementation  plan.
                The committee has adopted this frame-
                work based  upon a decision that the
                attainment  of  the  quality  of am-
                bient air necessary to  protect health
                is a high priority for this Nation.
                 In order to provide  ultimately for
                clean  air   and  avoid  the  chronic
                degradation of the environment and
                thereby  improve  the  quality of life,
                the  committee  has provided  that  in
                addition  to  establishing national am-
                bient air quality standards the  Secre-
                tary shall establish national  ambient
                air  quality  goals;  such goals  repre-
                senting the  quality of  air which will
                not  produce any known or  antici-
                pated adverse  effect  on men or  the
                environment.  The  committee recog-
                nizes  that  the  attainment of such  a
                quality of air cannot  be  achieved  in
                many areas of the Nation for  many
                years and,  therefore,  provides that
                each region shall establish the period
                of time necessary to achieve national
                ambient air quality goals, subject, of

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                STATUTES AND  LEGISLATIVE  HISTORY
                               1661
course, to the approval of the  Secre-
tary.
  The bill does require that the States,
in  submitting  their  implementation
plan,  include  those provisions  neces-
sary to achieve the ambient air quality
goal.  The committee recognizes, how-
ever,  that, in many instances, the pro-
gram necessary  to move from national
ambient  air quality standards to na-
tional air  quality  goals will  require
more  detailed and extensive analysis
than  that required for standards and
therefore provides  an  additional  18
months  for the  development of that
portion  of the implementation plan.
  Another  benefit  of the  concept of
national ambient air quality goals  is
that it provides for the retention and
maintenance of  present ambient air
quality   in  regions  where that air
quality  is  of  the  quality  established
by  the  goal.
  The bill  recognizes that  the control
and attainment  of  ambient air quality
standards  and   goals   is  dependent
upon  rigorous application of emission
controls. Consequently,  the bill pro-
vides through  four separate  proce-
dures for the  application of such con-
trols.
  First, the bill provides that in de-
veloping  each   implementation  plan
each  air quality  control region  in
every State is  required to establish
emission   requirements   for   every
source  of  air pollution within such
region in order  to  achieve  the quality
of  ambient  air established by the na-
tional air quality standard.
  Second, the Secretary is  required  to
establish emission standards for pollu-
tion  agents  or   combination of such
agents, called selected pollution agents,
which are  not  appropriate for the
establishment  of  ambient  air  cri-
teria and national  ambient air quality
standards. The  Secretary is to estab-
lish these emission standards for both
new  and existing stationary  sources
which are  national in scope.
  Third, the  Secretary  is authorized
to initiate an  innovative administra-
tive  process leading to the  develop-
ment of emission  controls for those
substances which he finds to be ex-
tremely hazardous to health of per-
sons. The Secretary establishes these
emission  controls  through  the  pub-
lication of  the proposed  prohibition
of such pollution agents and promul-
gates such  prohibition  unless he de-
termines  that a  departure  from  a
zero emission for such pollution agent
will  not jeopardize the health of per-
sons  whereupon he  promulgates  an
emission standard prescribing the per-
missible  level  of  emissions  for  such
pollution agents.
  In establishing  a  fourth  class of
emission controls,  the committee has
adopted  another  of the  President's
recommendations and requires the Sec-
retary to establish emission controls
for all new air pollution facilities of
national scope. Through such stand-
ards  of performance maximum avail-
able  technology  will  be installed in
all  new  facilities.  With this  mecha-
nism, the committee believes that new
facilities will be constructed to achieve
maximum  air pollution control, and,
at the same time provide that all new
facilities  are  equal  with respect to
air  pollution  control  and  therefore
eliminate a large  element of "forum
shopping" that is possible if new facil-
ities are not required to meet the level
of pollution control.
  The committee  has further refined
the  opportunity for public participa-
tion in the  administrative procedures
under the  act. It has been  demon-
strated, pursuant to existing law, that
public participation is extremely im-
portant  in the  development  of  air
pollution programs across the country.
In  requiring that  each air  quality
control region consider  the  establish-
ment of  ambient  air  quality stand-
       526-703 O - 73 - 32

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1662
LEGAL COMPILATION—Am
ards more stringent than the nation-
ally promulgated standard, the  bill
provides a clear opportunity for the
citizens of each region to choose the
quality of air that they desire through
full consideration of the issues  in a
public forum.
  It has become abundantly clear that
air pollution control, as is the case in
any good  law,  is dependent upon a
credible and enforceable statute. One
of the

                           [p. 33116]
principal  difficulties for the existing
law has  been  the  lack of  a  deci-
sive enforcement authority and  the
bill before the Senate seeks  to stream-
line and  expedite this  authority  so
that procedural delays in enforcement
activities do not frustrate the clear  in-
tent  of  the  National  Air  Quality
Standards Act of 1970.
  In amending  title II the  committee
recognized that a great portion of the
pollution problems in many areas are
attributable to  emissions of pollution
agents  from moving sources,  includ-
ing the automobile, commercial ve-
hicles, aircraft  and  vessels. The com-
mittee therefore proposes to authorize
the establishment of emission stand-
ards for all classes of moving vehicles,
including both new and old commercial
vehicles, vessels and aircraft  in dis-
tinction to existing law  which  au-
thorized the establishment of emission
standards  for only new vehicles.  In
addition,  reflecting  the percent con-
tribution to air pollution made by the
automobile, the committee has directed
to the light duty vehicle particular  at-
tention, designed  to achieve a reduc-
tion  in emissions  necessary,  if the
urban areas of the country are ever
to achieve and maintain national am-
bient air quality standards and goals.
  Under existing law the test the Sec-
retary must consider in establishing
               emission  controls for  automobiles  is
               whether such control is economically
               and technologically feasible. This,  in
               effect, has made technology  and eco-
               nomic feasibility factors, which are un-
               der the control of  industry, dictate
               public policy rather than respond  to
               public policy.  The  committee,  recog-
               nizing  the  paramount interest  in
               achieving  ambient  air  quality  neces-
               sary to protect the health of its citizens
               proposes  to  establish emission  stand-
               ards  for  automobiles based  upon re-
               quirements  related  to  ambient  air
               quality rather  than technological  or
               economic   feasibility.  Through  this
               mechanism the committee  expects  to
               develop maximum  incentive to  stimu-
               late new technical and economic means
               of  reducing vehicle emissions. With-
               out such  incentive, such  innovation
               is not likely to  be forthcoming.
                  The bill, therefore, sets the date  of
               1975  as the date after which  it will
               be unlawful to sell  any  automobile
               which does not  meet emission controls
               for two pollution agents, carbon mon-
               oxide  and hydrocarbons, which must
               represent a 90-percent reduction from
               the level  set by emission  standards
               applicable in  1970. In addition, the
               bill establishes  procedure to establish
               an additional emission standards rep-
               resenting  90-percent  reductions for
               those pollution  agents,  such as nitro-
               gen oxide, which have not yet been the
               subject  of  emission  controls  under
               existing  law.   In  establishing  these
               emission  standards and strict  sched-
               ules for compliance the committee rec-
               ognized that it may be impossible for
               a manufacturer or manufacturers  to
               comply with such standards before the
               effective  date.
                  As is widely known  the  committee
               struggled with various provisions  to
               provide for  a single year  suspension
               of such effective date upon  a showing
               of certain evidence by an  applicant

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                STATUTES AND  LEGISLATIVE HISTORY
                               1663
for  such suspension.  These  alterna-
tives ranged from provision that would
have made a suspension available only
from Congress, to suspension  issued
by  the  Secretary  with no review, to
suspension  issued  by the  Secretary
which, if not opposed by either House
of Congress within a set period would
become   effective,  to  secretarial  de-
cision  with  review by  an  appellate
court.
  Mr. President, the committee adopt-
ed by a vote of 10 to 3 an amendment
I offered with Senator BAKER, to es-
tablish a standard administrative pro-
cedure on  the part  of the Secretary,
following  which  he  would  issue  a
decision  to, or not to grant a  suspen-
sion.  Such secretarial decision is re-
viewable, by the terms  of the provi-
sion, in the U.S. Court of Appeals for
the District of Columbia. It should be
noted that the suspension provision is
for 1 year only and there are partic-
ular  guidelines that  the  Secretary
and,  independently, the court must
review  prior to granting, affirming,
or denying any such suspension. These
guidelines, or tests, include  first, the
public interest  of the United States,
second,  that all  good  faith  efforts
have been made to achieve compliance
with the standard, and third, that the
technology or other alternatives are
not  or   have not  been available  to
achieve compliance.
  I prefer the judicial review frame-
work in the bill for I believe that
through the administrative process the
Secretary  can develop on the record
all  of the technical and other relevant
information  necessary  to  achieve  a
sound judgment.  Similarly,  and  in
accordance with general administra-
tive law, such  decision  of the Secre-
tary should be reviewable in the court
of appeals so that the interests of all
parties can  be fully protected. With
the record developed by the Secretary,
the court, as an unbiased, independent
institution, is the appropriate forum
for reviewing such decision and mak-
ing a judgment as to its quality. The
normal rules of the court also provide
the  greatest  amount  of  insulation
from  the political pressures that will
undoubtedly surround a judgment of
this type. At  the same time, judicial
review provides  for full  procedural
and substantive  due process for  all
interested parties. I therefore recom-
mend to the Senate that this provision
in the bill be retained.
  I think  the Committee  on Public
Works is to be commended for accom-
panying the stringent substantive pro-
vision regarding  the air pollution con-
trol program with several procedural
requirements  and  opportunities  to
clearly incorporate  due process pro-
tection in the application of the pro-
posed law. In three areas  provision
is made to seek relief from, or review
of,  administrative  actions or the ap-
plication of the  statute. The first of
these is a general judicial review pro-
vision so that administrative promul-
gations  and decisions  made pursuant
to  the  act may  be reviewed  while
maintaining the basic integrity of the
act. In section 308 the committee rec-
ognizes that  administrative actions
will affect the interests of persons and
that  such  actions should,  therefore,
be  reviewable.
  The second procedural opportunity
for relief allows a Governor of a State
to  seek relief from the effect of  an
expiration of the period in which the
bill would require the attainment of
the quality of air established by the
ambient  standard.  In so  doing  the
committee  recognizes   there  may  be
cause for  impossibility of perform-
ance  but  adds  safeguards  so  that
the provision will  only be  used spar-
ingly and  where necessary so as to

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1664
LEGAL COMPILATION—AIR
provide incentive  for the maximum
effort to seek air quality.
  The third  specific  relief provision
is that I offered relating to the auto-
mobile provision discussion above.
  The committee bill  also breaks new
ground in extending public participa-
tion, an essential element throughout
the act,  to  enforcement  proceedings.
In  section 304, the  bill proposes  to
grant jurisdiction to  the Federal dis-
trict courts to hear charges  of viola-
tion of particular  provisions  of the
act brought by citizens acting in their
own behalf.  As originally  proposed
the provision troubled me with respect
to  its impact  on administrative en-
forcement  efforts and,  of course,  on
the courts.  During its  consideration
the committee made particular efforts
to draft a provision that would not re-
duce  the  effectiveness of administra-
tive enforcement, and not cause abuse
of the courts while at the same time
still preserving the right of citizens
to such enforcement of the act.
   The citizen  suit provision has de-
veloped in a context of other proposals
authorizing citizen access to the courts
for environmental remedies  at both
the State and  Federal level. Some of
these proposals by, in effect,  authoriz-
ing the development of  a common law
of pollution could reduce the  effective-
ness of the Clean Air Act. The most
significant of these is an act recently
signed into law by Governor Milliken
of  the State  of  Michigan.
   Mr. President,  the bill before the
Senate may be  the  most significant
domestic legislation of  this  Congress.
It may be the most significant meas-
ure in a  domestic  sense of  any Con-
gress. It is  a very complex bill. For
me, it has been an educational process.
The committee worked  very well  to-
gether and every member of the com-
mittee  entered into  the  discussions.
As ranking minority member I am
               very  proud of  the  minority side aa
               well as the majority and would like to
               particularly  praise  the staff  of the
               committee.
                  Yesterday I spoke at length about
               them, and today I repeat that to Sen-
               ator  MUSKIE and  to Senator  BOGGS
               who have been leaders on these meas-
               ures  for many years I  pay deep trib-
               ute, and to all  members of the com-
               mittee  for  their devoted  work.  To
               Senator RANDOLPH—the able  chair-
               man  of the full Senate Committee on
               Public  Works,  who  presided  in the
               full committee over our final delibera-
               tion  and acceptance of  the  bill.  By
               the unanimous vote of  the  committee,
               may  I say great credit is due, his fair-
               ness  and objectivity helped  produce
               the  bill.  And  may I say,  he was a
               strong  right  arm  in supporting the
               approval of  the  Secretary—judicial
               views, written into the bill.

                     A  MOVE TOWARD  SURVIVAL

                  Mr.  YARBOROUGH.  Mr.  Presi-
               dent, the proposed National Air Qual-
               ity Standards Act of  1970 is among
               the  most crucial pieces of legislation
               to be  considered before  the  Senate
               this year. I

                                          [p. 33117]
               highly commend the efforts of Senator
               MUSKIE  and his  colleagues  on the
               Public  Works  Committee  who have
               worked  so diligently on this piece of
               legislation.
                  We  have heard  an abundance of
               rhetoric regarding the urgency of the
               pollution problem. The National Air
                Quality Standards Act  goes beyond
               the usual "call to action" or "state-
               ment of concern." The  bill  sets stand-
               ards, establishes  deadlines, and  pro-
               vides for the implementation of com-
               prehensive  attacks on  the  problem of
                air  pollution. The effects  of this act
                will  be felt by every  American. Our

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                STATUTES  AND LEGISLATIVE  HISTORY
                               1665
citizenry  should  be  provided  with
breatheable air  for the sake of their
personal physical health. The very
survival of mankind  is threatened if
we  continue to abuse the fragile bal
ance  of our  environment.  This  bill
seeks to bring  about the  necessary
improvement in  the quality of our air
by January 1, 1975. We can no longer
afford to  allow  millions of  tons  of
contamination to be  dumped into  our
atmosphere year after year  by auto-
mobile  and industrial emissions.  We
hear many suggestions that this legis-
lation establishes a goal,  the achieve-
ment of which is beyond  the capacity
of American technology.  I do not be-
lieve that we lack the ability to come
up  with the answers to the dilemma
which  confronts  us.  Certainly,  the
gravity of  the  challenge should  not
deter us from action.
  I have worked for  the passage of
anti-pollution legislation since coming
to the  Senate in  1957. As chairman
of   the   Senate  Subcommittee   on
Health, I  urge  Senators to  support
this bill, which is so important to the
health of the American people.

  AIR QUALITY	A TIME FOR DECISIVE
               ACTION
  Mr.  McINTYRE.  Mr.  President, I
stand today in support of  the National
Air  Quality Standards Act of 1970.
This bill, one of the most comprehen-
sive ever on the subject, is essential
to  the  national quest  for  environ-
mental  improvement defined so well
by  our President. It  is a tough  bill
but there is no more room for laxity.
Too much is at stake.
  To many, it may seem  strange that
the  toughest of  our  environmental
legislation  yet focuses on air quality.
Other forms of pollution are far more
apparent  and  seemingly widespread
even  to the layman. The issue here,
however,  is nothing  less  than  the
present  and  future health  of  our
Nation. I, for one, feel that tough new
approaches are not only justified  but
mandatory.  And  new  toughness  in
other areas will, hopefully, soon  fol-
low.
  We cannot  delay. We cannot com-
promise. We must act. A more flexible
approach to the problem was attempt-
ed in 1967 with the Air Quality Act.
But  we have learned much since then
and  all  relevant evidence points to the
conclusion that more stringent meas-
ures are essential.  I support them.
And I will support such supplemental
measures that are reasonably required
to implement  the  public  policy  ex-
pressed in this bill.
  I know there has been considerable
pressure  to allow more flexibility in
certain  provisions  of this bill.  The
time for flexibility is gone.  Four years
ago, the Senate passed a very flexible
law  for air  quality. Yet  today,  in-
dustry and citizens dump 200 million
tons of  pollutants into the atmosphere
each year. For the 4 years of opera-
tion under the Air  Quality Act, this
cannot be seen as a reduction in levels
of pollution. In many areas, the levels
of pollution have actually increased.
Flexibility has  run  its course. Now
we must act.
  These words are not a condemnation
of American industry or of  our way
of life. Rather, these words and  the
legislation of  which I speak are a re-
affirmation  of traditional  American
ideals.
  American industry and the Ameri-
can  people always have manifested a
profound capacity  to  respond to  a
challenge clearly stated in terms of
national need. This  bill  states such a
challenge. And  I  believe  that  the
American people and our industry can
meet it. We  must recognize that the
challenge is  real,  tangible,  and  of

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1666
LEGAL COMPILATION—AIR
imminent importance to the continued
welfare of our Nation.
  I am sure the Senate will respond.
The course will be hard. Yet we have
risen  to such  challenges  before. The
American people had only glimpsed
the potential  of our technology  in
1960  when  President Kennedy  pro-
posed that we land a man  on the moon
in a decade.  Yet we did  it. And we
managed  to  beat  the timetable by
over a year.  The  present challenge
poses  the same conceptual dilemma.
Much  technology needs  to be devel-
oped in  our quest  for air quality.  I
feel that it will be, and I  ask that all
Americans share that faith  as  they
share the effort.
  I would like to add my praise at this
time to my colleagues, led by the dis-
tinguished  Senator from  Maine  (Mr.
MUSKIE) for their tireless efforts in
writing this  legislation. This bill,  as
Senator MUSKIE has  said, is not par-
tisan legislation or liberal legislation.
It should be noted that the committee
that reported this bill included men
reflecting all philosophies and points
of view. And these men reported this
bill unanimously to the Senate.
  It should also  be  noted that  our
President,  Mr. Nixon, has played  a
major role in the development of this
bill.  The  administration  submitted
legislative  proposals  that formed the
basis  for  much  of  this legislation.
Some  of the  proposals   were kept,
some changed  and many more  were
added  by the committee, yet the Presi-
dent deserves credit for his leadership
and open-mindedness in providing the
support of his  administration  for  a
strong and comprehensive bill.
  As  written,  this  legislation  would
provide the mechanism for  a large-
scale attack on this Nation's air pol-
lution problem by:
  First. Requiring designation of ma-
               jor air quality control regions within
               90 days.
                 Second. Setting procedures to achieve
               air quality standards that would  in-
               sure the protection of health.  After
               standards and goals are set, the States
               will have 9 months to develop a plan
               to implement the  standards.
                 Third. Requiring that  implementa-
               tion plans  be designed to achieve con-
               formance with air quality standards
               within 3 years.
                 Fourth.  Allowing States  to  adopt
               even   stricter  air  quality standards
               than those set by the Federal Govern-
               ment.
                 Fifth. Authorizing regulations  to
               require  that  new  industries   meet
               emission performance standards based
               on the latest control technology,  proc-
               esses,  and  operating methods.
                 Sixth. Providing for civil—$10,000
               —and criminal—up to $50,000  and 2
               years—penalties for violations and au-
               thorizing pollution abatement orders.
                  Seventh. Requiring  that  national
               emission standards also apply to ves-
               sels and aircraft  and providing that
               1975 model cars must achieve at least
               a 90-percent reduction  in  polluting
               exhaust from the 1970 standards. Pen-
               alties  would range up  to $10,000  per
               vehicle.
                  Eighth.  Requiring a  warranty  of
               50,000 miles  on a vehicle's  emission
               system performance and authorizing
               the  Secretary of  Health, Education,
               and Welfare to have cars road tested
               and recall those produced if they do
               not meet standards.
                  Ninth. Authorizing certification of
               low-emission vehicles for research and
               development purposes  and  for Fed-
               eral acquisition  of such vehicles  for
               demonstration purposes.
                  Tenth. Authorizing $125 million in
               research for fiscal 1971, $150 million
               for  1972,  and $175 million for 1973

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                STATUTES  AND LEGISLATIVE  HISTORY
                               1667
for  research  relating  to fuels and
vehicles.
  Eleventh. Providing 3-to-l funding
to States and providing for the option
assignment of Federal  personnel  in
place of cash grants.
  Twelfth. Permitting citizens to file
suits to enforce standards.
  Thirteenth.  Authorizing $725 mil-
lion  for  3 years  for  enforcement,
grant assistance, and administration.
  Fourteenth. Establishing an  Office
of Noise Abatement and  Control with-
in the  Department of Health, Educa-
tion, and  Welfare.
  I repeat, this is  a strong bill.  It
attacks in forceful manner such prob-
lems as ambient air standards and in-
terjurisdictional problems. The  result
is worthy of full support and  strong
timely   enforcement.  It  is  my  hope
that Americans  will  familiarize  them-
selves  with the  terms and far-reach-
ing philosophy of this legislation. The
task now is to transform the language
into reality and into air that we can
all share in good health and common
gratitude.
  Mr.  GRAVEL. We can all be grate-
ful, Mr. President, for the committee's
able and lucid report on this compli-
cated  and  desperately  needed bill,
which  I have  the honor to cosponsor.
However,  I would  like  to  take this
opportunity to raise  one objection to
the treatment in  the report of the
growing radioactive hazard  to  our
environment.
  In discussing section 115, the com-
mittee  did not  specifically cite man-
made radioactivity as a "hazardous air
pollution agent" for  which the  secre-
tary should immediately consider pro-
hibiting release. Yet the phrase, "haz-
ardous to  the health of persons"  as
defined in  paragraph 7B of that sec-
tion most  certainly  would apply  to
man-made  radiation  as  well.
  The Council on  Environment Qual-
ity  stated in  its  first report  that
"radiation is potentially a more dan-
gerous pollutant  to  man than  pesti-
cides." Yet, the com-

                          [p. 33118]
mittee  report—page  18—still  puts
pesticides and radioactive  substances
side-by-side.
  For 25 years we have recognized  a
link beween  radiation and both can-
cer  and genetic mutations.
  Recent calculations  indicate  that
cancer might increase 10 percent if we
all  were to  receive  chronic radiation
even at the  low levels presently per-
missible. Fortunately, we are not yet
receiving the permissible  dose.  This
is one area where we  still have the
chance  to prevent such an  environ-
mental  tragedy.
  Even the  most  conservative  scien-
tists in the current debate over radia-
tion acknowledge that  radiation is
two to three times more powerful at
producing cancer  than they  thought
just 10 years ago.
  It should be  remembered, when we
consider the  meaning of the  phrase
"hazardous to health," that  a  single
"hot  particle"  of radioactive  pluto-
nium  lodged in the lung is capable of
causing a lethal cancer. Furthermore,
although there  are 50 trillion cells in
our bodies,  it takes only  one  single
cell, smashed by radiation, to cause  a
malignancy.
  There is no doubt whatsoever that
radiation damages human  cells. New
instruments have  made it  possible to
observe broken and  damaged  chromo-
somes inside  the cells. As an Alaskan
I am particularly concerned that these
observations have  been made on Eski-
mos whose  doses  of radiation from
fallout were below the present guide-
lines  used  by  the  Atomic  Energy
Commission.  Chromosomes, of course,

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1668
LEGAL COMPILATION—AIR
carry the genetic heritage of the hu-
man race.
  AEC  experts, plus  the few inde-
pendent experts in  the field of radia-
tion,  all agree  that we must assume
no  amount of radiation is so low that
it is harmless. With regard to genetic
damage, the AEC says it quite simply
in one of its booklets called "the genetic
effects  of radiation." "There  is  no
safe  amount of radiation as  far as
genetic effects are concerned."
  The Nobel-prize winner, Dr. Joshua
Lederberg, recently stated that, if we
all were to receive  the presently per-
missible dose  of radiation, we could
expect  a 10-percent  increase  in the
human mutation rate.
   Obviously, the "hazard to health"
presented  even by  very low doses of
radiation is  staggering—since 25 per-
cent  of all  human diseases  and  ill-
nesses  have a  known genetic compo-
nent, and that  does not mean just ob-
scure diseases; that includes the Na-
tion's No. 1 killer: Heart disease.
   Dr. Lederberg estimates the cost of
the extra medical  care generated by
a 10-percent increase in the  mutation
rate would be about $10 billion a year
in  a country of 200 million people.
   Further, he explicitly warns that we
must not wait to deal with  radiation
 until we can observe our disease-rate
 and mental damage growing:
  A level of risk that approaches  the intoler-
 able, once we are well aware of  it,  may be
 impossible to  verify by direct measurements
 of  disease  diffused throughout the  popula-
 tion. In  exceptional circumstances, an  effect
 like the  peculiar malformations  induced by
 thalidomide  comes to  the surface, and  then
 achieves a visibility and  notoriety all out of
 proportion to  other agents. If the malforma-
 tion induced by  thalidomide  were a  mental
 retardation of ten percent of  the  I.Q. instead
 of  a  highly characteristic and unusual de-
 formation of the limba, in an equal number
 of subject*, we  would bs unaware of it  to
 this day.
    The urgency of  prohibiting further
 emissions of radioactivity to our air
                and water now, not 5 years from now,
                becomes  even more striking when we
                realize that more than 100 radioactive
                powerplants are already in prepara-
                tion  in  28 States,  and that the AEC
                expects to license another 400 or  500
                within the next 30 years.
                  Each 1,000 megawatt nuclear pow-
                erplant will produce,  every year that
                it operates  at 75-percent capacity, as
                much radioactivity as the explosion of
                several hundred Hiroshima-size bombs.
                That could  mean the  equivalent of
                250,000  bombs every  year,  if there
                were 500 plants operating.
                  Their waste will  have to  be  con-
                tained at the plant,  during transpor-
                tation,  at  the fuel-cleaning  plants,
                and  during processing for perpetual
                storage.
                  Complete containment would have to
                be assured at every step of the way,
                and  no accidents. Even 1-pevcent leak-
                age  in the annual  total would mean a
                2,500 bomb  equivalent.
                   The nuclear industry is saying that
                it is expensive, but technically feasible,
                to design zero-release nuclear power-
                plants.
                   My position is that nuclear  mal-
                functions,  which  are frequent,  and
                accidents, which  will  occur  with un-
                known  frequency, will give us quite
                enough  additional radiation  without
                accepting any routine releases at  all.
                   The AEC is trying to calm the pub-
                lic, so it compares the present level of
                routine  releases  of  manmade radia-
                tion  with levels of natural radiation,
                from  the  rocks  and  the  stars.  The
                nuclear  industry even  sponsored a
                2-page advertisement to that effect in
                Newsweek, September 21. The trouble
                 is: "Two wrongs don't make a right."
                   Natural  radiation  is also lethal. It
                is true that the levels of natural radia-
                 tion are still higher  than the levels
                 from a technology just emerging from
                 its  infancy.  Is  that any  comfort,

-------
                STATUTES  AND LEGISLATIVE  HISTORY
                               1669
when nuclear technology is being de-
signed under  standards which would
permit  the tripling  of our  natural
dose?
  In the face of the obvious failure of
environmental dilution to render DDT,
mercury, lead,  and  automobile  ex-
haust  harmless, there is something
pathetic—and frightening—about cur-
rent AEC assurances that dilution will
take  care of  radioactive emissions.
The fact is that radioactive substances
are  known to  reconcentrate in  the
animal  chain  to over  1 million times
their initial concentration in the radio-
active effluent.
  With  a matter  as  hazardous  as
radioactivity, we simply cannot count
on  dilution alone. Instead, we  must
consider steps to prohibit and prevent
releases  of man-made  radioactivity.
  Under  section  115  of this  bill  the
Secretary of Health, Education, and
Welfare will have the  power to  con-
trol  standards for emission of hazard-
ous air pollution agents. Certainly he
should use that power to force those
who are  proposing  admissible levels
of radioactive  contamination of  our
air  to prove  in public hearings—if
they can—that radioactive agents  are
not hazardous to the health of human
beings.
  I am a firm believer, Mr. President,
in the  goal of a zero level of accept-
able man made  radioactive pollution
of our environment. Those who pro-
pose anything less should be required
within the terms of this legislation
to  justify  their  plans  before   the
American people.
  The  PRESIDING  OFFICER.  Do
Senators  yield back the remainder of
their time?
  Mr. MUSKIE. I yield back the  re-
mainder of my  time.
  Mr. GRIFFIN. I yield back the re-
mainder  of my time.
  The  PRESIDING OFFICER.  The
bill having been  read the third time,
the question is: Shall it pass?
  The yeas and  nays have  been or-
dered, and the  clerk will call the roll.
                          [p. 33119]
  The result was announced—yeas 73,
nays 0, as follows:
  So  the  bill   (H.R.  17255)  was
passed.
  Mr.  MUSKIE.  Mr.  President,  I
move that the Senate reconsider  the
vote by which the bill was passed.
  Mr. BOGGS. Mr. President, I move
to lay that motion on the table.
  The motion to lay on the table was
agreed to.
  Mr.  MUSKIE.  Mr.  President,  I
ask unanimous consent that the Secre-
tary  of the  Senate  be authorized  to
make technical  and  clerical correct-
ions  in the  engrossment  of  Senate
amendments  to  H.R. 17255 and that
the  bill be printed  as it passed the
Senate.
  The PRESIDING OFFICER. With-
out  objection, it is so ordered.
  Mr.  MUSKIE.  Mr.  President,  I
ask unanimous consent  that S. 4358
be postponed indefinitely.
  The PRESIDING OFFICER. With-
oupt objection, it is so ordered.
  Mr.  MUSKIE.  Mr.  President,  I
ask unanimous consent that an  article
which appeared in the Louisville, Ky.,
Courier-Journal and Times, discussing
the  role of the distinguished Senator
from  Kentucky  (Mr. COOPER) in this
matter,  be printed in the RECORD.
  There being no  objection, the  ar-
ticle was ordered to be be printed  in
the  RECORD, as follows:
POLLUTION SHOWDOWN:  COOPER AND COMPANY
            VERSUS DETROIT
         (By Leonard Pardue)
  WASHINGTON.—The Senate Public  Works
Committee, which seems an unlikely  dragon-

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1670
LEGAL  COMPILATION—AIR
slayer,  has  aimed  its  lance  at  the  stoutly
armored automobile  industry,  and the  battle
will be joined this week.
  The  committee,  whose  senior  Republican
member is  Sen. John  Sherman  Cooper  ot
Kentucky,  has proposed  that the industry  be
required,  by Jan. 1. 1975. to start  producing
cars that don't pollute the air with  their ex-
hausts.
  The  industry  has  responded  that it can-
not  meet the  deadline. It casts  doubt  on  its
ability  to  invent effectively  anti-pollution de-
vices that quickly and,  beyond  that, stresses
the difficulty of rapid alteration of production
lines.
  The  committee's  weapon  is  a bill  it has
endorsed  that  would  rewrite federal air pol-
lution-control  procedures.  The   measure   is
scheduled  to  come  before  the  Senate  this
week, probably tomorrow.
  The  contest  pits  the  nation's largest  in-
dustry  against a  committee that has  tradi-
tionally devoted much  of its time  to  build-
ing  highways  and  dams  and to  improving
navigation facilities on rivers  and in harbors.
  Those  preoccupations   have  had  to  yield
in  recent  years,  first  to   responsibility for
water pollution-control efforts  (because  of the
committee's concern with waterways) and then
to attempts  to clean up  the  nation's air.
  "This committee  used to be  rather staid
in  its  jurisdiction," said Sen. Cooper  in  an
interview  last  week.  "Suddenly  we  find our-
selves in charge of most of  the environmental
questions."
  As Cooper sees it,  the  committee came  to
its  conclusions  about the  need  for a  dead-
line  for  Detroit  because there  are  so  many
cars and  they have so  much to do with air
quality.
   "This  is  the  major   factor  of  pollution.
Every  effort must be  made  to correct it,"  he
said.
   The  bill  would  simply  require   that  cars
produced  after  the beginning of  1975 emit
 90   per  cent  less  pollutants  than   federal
standards permit for  1970  models.  In  effect,
 that means a pollution-free  automobile.
   Cooper  gave  these  two specific  arguments
for setting the 1976 deadline:
   "If  you  don't  fix  these  standards, you
 won't  get the  maximum effort  on the part
 of the companies  to meet   them."  In  other
 words,  the  committee believes  necessity will
 be the  mother of invention.
   Delay in producing a nonpolluting car raises
 the  possibility  that  there  will  be "further
 degrading of the air." Cooper pointed out that
 the 10-year  average life  of a car  means  it will
 take a decade for the full impact of the pollu-
 tion-free car to be felt. "We have all these used
 cars—they're  practically hopeless" in terms of
 pollution control, he said.
                     The committee  isn't really sure  the auto
                   industry can meet the deadline. "I  don't sup-
                   pose  anyone knows exactly whether they can
                   make it or not," Cooper says.
                     A  provision of  the conunittee's  bill  would
                   permit  the secretary  of health, education and
                   welfare  or the courts to extend  the deadline
                   a year, if the  industry could  show the  impos-
                   sibility   of  meeting   the   1975   requirement.
                   Cooper  put forward that part of the bill—in
                   the  interest,  he said, of  offering the  indus-
                   try recourse to the courts  as a matter  of due
                   process of law.
                     Another ameliorating part  of the  bill, from
                   the  manufacturers' standpoint, would  permil
                   the auto companies to share their  technological
                   advances in the pollution field without running
                   afoul of  federal anti-trust  laws.
                     The committee appears to have come to  its
                   decision to seek a deadline partly  because  of
                   its  conclusions  about antipollution require-
                   ments  for  factories  and  power-generating
                   plants.
                     That  section  of the bill would  completely
                   reorganize the  current  federal  approach  to-
                   ward state and  regional pollution-control  pro-
                   grams.
                      The  HEW  secretary would be  required  to
                   establish  national clean-air  standards  that
                   limit pollutants to amounts safe for  the health
                   of  persons. States  and  interstate  pollution-
                   control regions (such as the one encompassing
                   the metropolitan Louisville area) would have
                   to  write plans to achieve  those  stands. They
                   would have to  restrict pollution  to  whatever
                   extent  necessary  to  bring about air that  is
                   safe  to breathe.
                      The  bill,  in  fact,  gives implicit sanction
                   to  such local  actions  as forbidding  an indus-
                   try to  locate in an area if its exhausts would
                   damage  air quality,  or restricting traffic  in
                   certain  areas, if  that would help  clear  the
                    air.  It  does this  by  saying that implementa-
                    tion  plans properly may include "land-use  and
                   transportation controls and  permits."
                      The  bill  sets  out specific  timetables   for
                    each of the steps involved in setting national
                    standards, adopting local plans, and  achieving
                    the  goals. The  schedule  proposed  in the  bill
                    would  mean  that  in  about 4% years,  the  air
                    everywhere should be at  least as clean as the
                    national standards say it should be.
                      This  concept of requiring  clean  air by  a
                    specific  date  wag advocated most  forcefully
                    in  the  committee's  deliberations by Senator
                    Thomas  Eagleton, D-Mo.  He  is  a  member  of
                    the  subcommittee  on  air and water pollution,
                    as is Cooper.
                      Sen.  Edmund Muskie,  the Maine  Democrat
                    who is  subcommittee  chairman,  draws  most
                    of the credit  as author of the legislation,  but
                    it was  Eagleton  who confronted  officials  of
                    the National Air Pollution  Control Administra-

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                   STATUTES  AND LEGISLATIVE  HISTORY
                                    1671
tion, during a hearing, with the question of a
specific deadline.
  Dr. John T. Middleton, the agency's director,
said the law ought to  allow "a  reasonable
time" for compliance, particularly since all the
technical devices  for controlling exhausts don't
yet exist.
  "I am trying to force  the state of the art"
of  pollution  control,  Eagleton  replied.
  He also  argued  that  it would  be incon-
sistent  to  write legislation   to  attain clean
air without guaranteeing  that the goals would
be met by a certain date.
  That  thinking  prevailed, and  "the concept
of  deadlines  runs  throughout this  bill," says
Bailey  Guard, Cooper's  chief  aide on  the
committee.
  While  Guard  insists that  the sections  of
the  bill  regarding  national  clean-air stand-
ards  and  local  efforts  to meet  them are of
utmost importance,  it is the timetable for the
auto  industry that is receiving  most of the
attention.
   "Detroit  is  complaining  bitterly,"  Guard
said, gesturing  toward   some telegrams  and
letters on a  table in  his  office.  Already local
auto  dealers in  Kentucky  have  mobilized  to
send wires to Cooper to protest the bill.
   Cooper  in  a sense  acknowledges  that they
have reason  to  complain. He calls the  com-
mittee's  stand  "a  hard   position"—one that
 will  cost  auto   companies  "large   sums   of
money"  for  research;  that  may  result   in
 "higher costs for motor  cars"; that  may force
manufacturers to  "revolutionize  their propul-
sion systems."

                               fp. 33120]
   There are  critics of the internal-combustion
 engine  (most notably the Ralph Nader  task
 force that  studied air  pollution)  who  think
 some substitute  must be  found.
   The  bill,  in  fact,  would  increase federal
 funds  for   research  into  other   propulsion
 methods,  such as  steam  and electricity,  but
 this  is  an effort that Detroit welcomes. One
 industry  witness  before  Muskie'a subcom-
 mittee  said  he  is confident the  research will
 show there  is no  feasible alternative to  the
 internal-combustion engine.
   Should  the industry fail to develop a clean
 gasoline-burning engine  in  time for use  in
 1975 or '76,  and should  no  alternate  engine
 be  available, the thinking  is  that Congress
 might  then  change  the law,  relaxing  th«
 pollution requirements or giving the industry
 more time to meet them.
   "Recourse to the Congress  is always there,"
 Cooper said. Muskie has  taken the same view.
   So the stage is set for this week's debate on
 the future of the auto industry and the future
 of the air we breathe.
   Cooper believes the Senate is likely to  ap-
prove the committee's bill. It would probably
then wind  up in a  Senate-House conference
committee, where its fate is difficult to predict.
However, some clean-air bill must be approved
this year, because the current law expires.
  In any case, it is perhaps a measure  of the
depth of  the  national air-pollution  problem
that moderate  men  like  Cooper  and Sen.
Jennings Randolph of West Virginia, the Pub-
lic Works Committee chairman,  have come to
support  such rigorous action.
  "We  spent  God knows how  many  boon
going over  the  bill  line by  line,  all  of  us
learning all the  time," Cooper said.  "If this
is successful, it will  have a tremendous effect
on reduction of air pollution, there's no ques-
tion about that."

   Mr.  MANSFIELD.  Mr.  President,
once again  the Senate has witnessed
one of those rare legislative achieve-
ments   under   the  leadership   of the
Senator  from Maine  (Mr.  MUSKIE).
By  the passage  of this bill, the  most
far-reaching  hope of  achieving the
goal of  a  pollution-free  atmosphere
conies  closer to realization. His  mas-
tery of the subject matter  and the
brilliance of his  presentation are re-
fleeted in the  unanimity  of the  vote.
 Some  would  classify  this bill as the
 strongest, the toughest, the most far-
reaching. I  can only say that it is the
 best. I know of the long hours, of the
 many   meetings  required  under the
 leadership of  Senator MUSKIE  to  bring
 about  this  achievement.  To  Senator
 MUSKIE  and his  entire subcommittee,
the country is indebted.
   I wish to pay special tribute to the
 ranking  Republican  member  of  his
 subcommittee, the  able Senator  from
 Delaware  (Mr.  BOGGS). His coopera-
 tion and assistance, advice  and contri-
 bution are  so indelibly impressed  in
 every  phase of this measure.
   To the chairman of the full commit-
 tee (Mr. RANDOLPH)  and  the ranking
 member  of the  full  committee   (Mr.
 COOPER), the  Senate  owes a special
 thanks  for their efforts  in bringing
 about this  achievement.
   To  the Senator from Kansas  (Mr.

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1672
LEGAL COMPILATION—AIR
DOLE)  and Kentucky (Mr. COOK)  and
the  Senators  from Michigan  (Mr.
HART and Mr. GRIFFIN) and the Sen-
ator  from  Florida (Mr.  GURNEY),
their cooperation with the  leadership
               and  contributions  to this debate are
               greatly appreciated.
                 The  Senate as a  whole can be justly
               proud  of its record in the enactment
               of this bill.
                                         [p. 33121]
l.lk(4)(c)   Dec. 18: Senate  and House  agreed to  conference
report,  pp. 42381-42395; 42519-42524
CLEAN  AIR  AMENDMENTS  OP
   1970—CONFERENCE REPORT

   Mr. MUSKIE. Mr. President, I sub-
mit a report of the committee of con-
ference on the disagreeing votes of the
two Houses on the amendment of the
Senate to  the bill (H.R.  17255)  to
amend the Clean Air Act  to  provide
for a more effective program to im-
prove the quality of the Nation's air.
   I ask  unanimous consent for the
present consideration of the report.
   The PRESIDING OFFICER (Mr.
EAGLETON). Is there objection to the
present consideration of the report?
   There  being no objection, the Senate
proceeded to consider the report.
   (For conference  report,  see House
proceedings  of Dec.  17,  1970,  pp.
42283-42294, CONGRESSIONAL RECORD.)
   Mr. MUSKIE. Mr. President, it is
with  considerable satisfaction  that  I
report to the Senate that  the  Senate
conferees on  the  Clean Air  Amend-
ments of 1970 have returned, just in
time for Christmas, •with the package
ordered unanimously by the Senate on
September 22.
   This was a long conference with the
House conferees.  There were many
points at issue, many provisions in the
Senate bill which were not considered
at all by the House committee or by
the House, nor reflected in the House
version  of  this  bill.  The conferees
worked  long  and hard  on resolving
these differences  and dealing with the
House problem of including in the bill
provisions which the House had  not
               considered. I think that what we have
               is a tough bill.
                 I commend to all of my Senate col-
               leagues the result of the conferees'
               painstaking efforts over  the past 3
               months. It is a strong, tough, air pol-
               lution  control agreement.  It will  ena-
               ble the country to clean up the air and
               protect the public health.
                 The conferees' agreement,  no less
               than the Senate bill,  intends that all
               Americans in  all parts of the country
               shall have clean air to breathe within
               the 1970's.
                 The conferees' agreement,  no less
               than the Senate bill, carries the prom-
               ise that ambient air in all parts of the
               country shall  have no adverse effects
               upon any American's  health.
                 The conferees' agreement,  no less
               than the Senate bill, faces the air pol-
               lution crisis with urgency and in can-
               dor. It makes hard choices,  provides
               just remedies, requires stiff penalties.
                  The conferees' agreement, no less
               than  the  Senate  bill, calls for  the
               money and the manpower required to
               clean up the air. A threefold increase
               in manpower  and a total of $1.1 bil-
               lion in funding over  3 years are au-
               thorized.
                  Mr. President, I am convinced that
               nothing short of this kind of commit-
               ment  to the  fight  against dirty  air,
               against environmentally induced  dis-
               ease, will be enough.
                  That is why I am  greatly encour-
               aged by the support given to this leg-
               islation by the Senate and House con-
               ferees, and I am particularly grateful

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                STATUTES AND  LEGISLATIVE HISTORY
                               1673
to each of them for his contributions
to our work during these 3 months.
   Let me now review briefly where we
were in  September,  what  we  had
learned from our experience with the
existing law, what we  felt was needed
for a successful effort to obtain clean
air and to protect public  health,  and
what the conferees accomplished.
   There was little doubt in  the Sen-
ate,  in  September,  that  the  country
was  facing an air pollution crisis.  Cit-
ies up and down the east coast were
living under clouds of  smog and daily
air  pollution  alerts. More than  200
million  tons  of  contaminants were
being spilled into the air annually.
   The  costs  of  air  pollution were
being counted  in death,  disease,  and
disability.  The National  Institute of
Environmental Health  scientists esti-
mated the cost of environmentally in-
duced disease  at $38 billion a year. A
50-percent  reduction in urban air  pol-
lution, it was estimated, would result
in a saving of $2 billion a  year in
health care costs.
   It was clear that the country  was
falling behind in its struggle for clean
air.  Automobiles were putting out 64
percent  of the carbon monoxide and 50
percent   of the  hydrocarbons.  Two
steel  companies in the Chicago  area
spilled 3,500 more tons of pollutants
into  the air in 1968  than they  had
spilled in 1963.
   It  was clear, too, that the new legis-
lation  then being  considered would
have to go beyond the limited objec-
tives of the Air Quality Act of 1967.
Senators will  recall  that the 1967 act
was  drawn to enhance air quality, to
reduce  harmful  emissions,   and to
"give the Secretary authority to  im-
plement that objective  in the absence
of effective State and local control."
   The 1967 act established procedures
for the  achievement and maintenance
of federally approved  regional stand-
ards  of ambient  air  quality. These
standards,  based on Federal  criteria
documents  describing   the effects of
pollutants on health and welfare, are
adopted and enforced on the State and
local level. In the event that adequate
standards  are  not developed  or en-
forced,  the Federal Government as-
sumes the responsibility.
  The underlying wisdom of the origi-
nal  legislation  was  confirmed.  We
learned from the criteria documents
issued for five  pollutants that  more
decisive  action  must  be  taken. We
learned  from  the  standards-setting
process that public participation is
important. We  learned  from  experi-
ence with implementation  of the law
that States and localities need greater
incentives  and   assistance  to  protect
the health and welfare of all people.
  The effectiveness of existing law de-
pends in great part on the willingness
of people to make tough  decisions con-
cerning the quality of air they  want
to breathe. It depends  on their  will-
ingness to make  their wishes known in
public hearings on the  local level.
  This experiment in public participa-
tion worked. People became involved
in the standards-setting  process.  They
learned of the threats  to their health
and they sought to make the program
responsive to their needs.

                           [p. 42381]

  From citizen concern and corporate
resistance, we learned that air pollu-
tion is  more severe, more pervasive
and growing faster  than  we   had
thought. Unless we recognized the cri-
sis  and generated a sense of urgency,
national lead times to  find and apply
controls  measures  could melt away
without any chance for a rational so-
lution to the air  pollution problem.
  It is  also  clear  that ambient air
quality  standards which will protect
the public health must be set as mini-
mum  standards  for all  parts  of the
Nation, and that they must be met in
all areas within national deadlines.
  Congress adopted emissions  stand-
ards as the basic control technique for
moving  sources  in 1965, because  they

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1674
LEGAL COMPILATION—AIR
are not controllable at the local level.
Here we  learned  that tests  of eco-
nomic and technological feasibility ap-
plied to those  standards compromise
the health of our people and lead to
inadequate standards.
  In  1963,  the Congress' recognized
that the  Federal Government  could
not handle the enforcement task  alone,
and  that  the primary  burden would
rest on States and local governments.
However,  State and local governments
did  not respond adequately  to this
challenge.  Enforcement  had  to  be
toughened.  More tools were  needed.
The Federal presence and backup au-
thority had  to be increased.
  Finally, no level of government has
implemented the existing law to  its
full  potential.  On all levels,  the air
pollution control program was under-
funded  and  undermanned. Greater fi-
nancial commitments had to be  made
and met at all levels.
  With these lessons in mind last Sep-
tember, the  Senate  laid  down  in  its
bill  five  sets  of  requirements  for
tougher standards  and  tighter  en-
forcement against air pollutants  and
air polluters.
  First, the bill provided for national
ambient air  quality  standards for at
least  10  major  contaminants  that
must be met by  national  deadlines.
This meant that in every region of the
country, air quality had  to be better
than that level of quality which pro-
tects health.
  Second, national air  quality  goals
—protective against any known or an-
ticipated  adverse environmental  ef-
fects were to be set for the major pol-
lutants and had to be achieved within
specific time frames  on  a regional
basis. These goals were especially im-
portant because some pollutants could
have serious effects  on the environ-
ment  at  levels  below those where
health effects occur.
  Third, the bill provided that  newly
constructed sources of pollution had to
meet rigorous  national standards of
               performance. While we cleaned up ex-
               isting  pollution, we were  determined
               to guard against new problems. Those
               areas which have levels of air quality
               better  than  the national  standards
               should not find their  air  quality de-
               graded by the construction  of  new
               sources.
                  Fourth,  the  bill  provided  the Ad-
               ministrator  authority  to   prohibit
               emissions  of   hazardous  substances.
               The committee  had received strong ev-
               idence  that any level  of emissions of
               certain pollutants might produce ad-
               verse health effects that could not be
               tolerated.
                  Fifth, the bill provided the Admin-
               istrator  with  the  authority to set
               emission standards for selected pollut-
               ants   which   cannot  be   controlled
               through the ambient air quality stand-
               ards  and  which are  not  hazardous
               substances. These   pollutants  could
               later be covered by either ambient air
               quality standards or  by prohibitions
               as hazardous substance.
                  The  Senate  also  recommended sig-
               nificant changes in title II of the act
               dealing with moving sources, and es-
               pecially with automobiles.
                  In 1968, moving  sources  were re-
               sponsible for more than 42 percent of
               the total emissions of the five major
               pollutants.
                  In health  effects, these  pollutants
               mean  cancer,   headaches,  dizziness,
               nausea, metabolic and  respiratory dis-
               eases,   and  impairment  of mental
               processes. Clearly, solving  the air pol-
               lution   problem  depended   on   the
               achievement of significant  reductions
               in the emissions from automobiles.
               Clearly,  protection   of   the public
               health required quick  and drastic re-
               ductions.
                  Since  legislation to deal with the
               problem of automotive emissions was
               first introduced in  1964, the  industry
               had known that they would have to
               develop the solutions  to the problem.
               In 1965 they announced that national

-------
                STATUTES  AND LEGISLATIVE  HISTORY
                               1675
standards could be met in the fall of
1967.
  It was clear that continued reliance
on  gradual  reductions  in  automotive
emissions would make achievement of
the ambient air quality standards im-
possible within the national deadlines
established in title I of the Senate bill.
More important,  it  would  continue
hazards  to  health  long  after  they
should have been eliminated.
  In order  to  maintain those stand-
ards  set under  title  I—standards
which  are necessary  to  protect the
public  health and which must be met
in  the  next 5  years—the emissions
standards for  carbon monoxide, hy-
drocarbons,  and nitrogen oxides which
have been projected for 1980 had  to be
met earlier.  The bill required that this
be done by 1975.
  To insure that production line  vehi-
cles perform adequately,  the  Senate
bill required that each vehicle manu-
factured comply with the standards
for a 50,000 mile lifetime.  The manu-
facturer was required to warranty the
performance of each individual vehicle
as to compliance with emission stand-
ards.
  The   Senate   in  setting the  1975
deadline made   every  effort  to make
that requirement consistent with  what
the industry had testified on many oc-
casions over the years: It provided 2
years for research and development of
the necessary technology, and 2 years
to apply that  technology  in the  mass
production of vehicles.
  In response to claims that  these re-
quirements  could be  met,  the Senate
included in the  legislation an opportu-
nity for an administrative review of
the 1975 deadline. A  1-year extension
would be necessary and justified. The
bill also provided for a review of that
decision by an appellate court.
  xThe Senate was  aware of the prob-
lems these requirements might create
for  individual  companies. Therefore,
the bill provided a procedure  for  man-
datory licensing  which  would  make
available patents necessary to achieve
compliance to any manufacturer who
could show  a need and to whom the
information was not otherwise availa-
ble. This provision was also applied to
stationary sources.
  Predictions of  technological impos-
sibility of infeasibility were not con-
sidered  sufficient reasons  to  avoid
tough  standards and  deadlines, and
thus to compromise the public health.
The  urgency of the problems required
that the industry consider,  not only
the improvement of existing technol-
ogy, but also alternatives to the  inter-
nal combustion engine and new  forms
of transportation.  Only a  clear cut
and tough public policy could generate
this  kind of effort.
  The third major area in which the
Senate    recommended    significant
changes is the area of  enforcement.
Standards  alone  would  not  insure
breatheable  air. All levels of govern-
ment had to be given adequate tools to
enforce those standards.
  The Senate remains convinced that
most effective enforcement  of stand-
ards would  take place on the  State
and  local levels. It was here that the
public could participate most actively
and  bring the most effective pressure
to bear for clean air.
  Public participation is  still impor-
tant  in  the development   of   each
State's  implementation  plan.   These
plans do not involve  technical  deci-
sions;  they do  involve public  policy
choices that  citizens should  make  on
the State and local level. They should
be consistent with  a rational nation-
wide policy and  should be subject to
the approval of the Administrator.
  However,  the  powers  to  enforce
these standards had to  be  increased
for the State and  local  governments
as well as  the  Federal  Government.
The  bill thus required adequate State
enforcement  authority as a part  of
implementation  plans and  provided
that abatement orders could be issued

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1676
LEGAL COMPILATION—AIR
by the Administrator or his represent-
ative. Violations of these orders were
to be punishable by statutory penal-
ties  of  as  much  as $25,000  for each
day of a first violation.
  The bill  also provided the Federal
Government with the authority to  use
the influence of the Federal contract
as an incentive  to compliance with
standards.
  Federal contracts could be awarded
only to  facilities  which  were in com-
pliance  with the  standards and  re-
quirements of this act.
  The bill  extended  the concept  of
public participation to  the enforce-
ment process. The citizen suits author-
ized  in  this legislation  would apply
important   pressure.  Although   the
Senate did not advocate  these suits as
the best way to achieve enforcement,
it was clear that they  should be  an
effective tool.
  Mr. President,  those were  the basic
and  principal portions of the package
taken by the Senate conferees to  the
first meeting with the House  conferees
on  October 8.  On  several  of  those
points, the House bill was silent. I  ask
unanimous consent to include in  the
RECORD  at  the  end of my remarks a
summary of provisions of the confer-
ence agreement.

                           [p. 42382]

  I ask  unanimous  consent that a dis-
cussion  of  the  key provisions of this
agreement   and  the  implications  of
those provisions  be included immedi-
ately following the  summary.
  THE    PRESIDING   OFFICER.
Without objection, it is so ordered.
   (See exhibit 1.)
  Mr. MUSKIE.  I  have  no doubt
that this legislation, like its  predeces-
sor,  will be subject to  criticism.  Al-
ready the auto industry has  indicated
it is  unacceptable.  Others will  focus
on its limitations and  still others will
find  fault for political purposes.
  That  is the democratic process. It is
not in the public interest that all crit-
               ics be satisfied. But false implications
               are not needed. This is not a political
               measure—it  had  unanimous  support
               from the Senate  conferees—some of
               whom had differing views on specific
               language but all of whom knew that a
               public   demand  needed  a  stern  re-
               sponse.
                  One   issue  on which there will be
               repeated interpretation and misinter-
               pretation involves the  deadline  for
               achievement  of emissions  standards
               for  passenger  cars.  The  Senate  did
               not  get all that it wanted here.  The
               Senate  conferees  had to  accept  two
               major   changes in order to preserve
               the deadlines in the Senate bill and to
               obtain conference  agreement.
                  First, the  House insisted that an
               application for  suspension from  the
               effect of the deadline must be made
               earlier  than 24   months  before  the
               effective date of the standard in ques-
               tion.
                  Second, the  administration  is  re-
               quired to make this decision within 60
               days after receipt of such an applica-
               tion  for suspension.
                  Conversely, two improvements were
               made.   First,  the  Administrator  no
               longer  can be forced  to rely upon the
               auto   manufacturer  to   determine
               whether technology is available. He
               must test engine systems developed by
               private parties  to ascertain whether
               they meet standards; thus, all availa-
               ble technology will be known. When a
               breakthrough occurs, the  administra-
               tion  will know, and standards can be
               toughened even beyond the degree of
               control  required by this statute.
                  Let me say, with respect to the  con-
               ference agreement as it relates to the
               Senate  agreement, that the Senate did
               not get all it wanted. It was necessary
               to  compromise.  Yet,  in  many  in-
               stances, the compromise resulted in a
               stronger bill than  either the Senate or
               the  House bills. The key  decision, the
               one  on which the committee focused
               most over the past few months,  was
               the  deadline for  the  cleanup  of the

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                STATUTES AND LEGISLATIVE HISTORY
                               1677
internal combustion engine in the pas-
senger automobile.
  The deadline  has  been  retained.
That  deadline is January 1,  1975, for
carbon monoxide  and  hydrocarbons,
and January 1, 1976, for oxides of ni-
trogen.  I repeat, that deadline has
been retained.
  The Senate bill provided, in addi-
tion, the  possibility of an extension of
1 year beyond each  of the deadlines.
The  limitation of a 1-year extension
has been retained without change, ex-
cept for  the fact that the judicial re-
view provisions of the Senate bill have
been eliminated.
  There  has been one change  made,
upon  House  insistence. The  date  for
applying for that 1-year extension of
the deadline  has been advanced by 1
year.
  Mr.  President,  the  Administrator
would make  the  decision  on whether
an additional year should  be granted
on the basis of a review of the Na-
tional Academy of Sciences on tech-
nological developments in the field as
well as other information available to
him. If the Administrator  decides the
deadline  cannot be met, he must  im-
pose interim standards, achieving  as
high  a  level  of  emission  control  as
technological   developments  permit.
This  advances the date for  applying
for the 1-year extension by 1 year, but
no further extension is possible.
  May I  say that, in  my judgment,
the pressure is on the automobile in-
dustry. The deadline of 1975 and 1976
is still in the law, and only  Congress
can change it.
  If the  review procedure  is followed
and results in an extension, the maxi-
mum  extension permitted for  the  1
year  as  was  the case in  the  Senate
bill. Any extension beyond that can be
provided only by action of Congress.
That has not been changed by the con-
ference agreement.
  I think the action  we have taken on
the automobile deadline is a reasona-
ble compromise, in light  of the fact
that the House bill contained nothing
of  the  sort  in  its  legislation.  The
House moved,  I  think,  close to  100
percent toward the Senate  provision.
In other respects, the Senate bill is, 1
think, as tough  now,  following  the
agreement with the House,  as it was
when it left the Senate Chamber.
  Other important  features of  the
Senate  bill were  retained. Each indi-
vidual manufacturer  must, if suspen-
sion of the deadline is  considered es-
sential,  apply  to the  Administrator
and make the necessary showing. This
means that the lack of technology or
the leadtime  to the smaller companies
cannot  be used as  a justification  for
suspension by the major manufactur-
ers.
  Further, the companies must  pro-
vide the Administrator with the infor-
mation  needed to  judge  their technical
capability. The Administrator should
require periodic reports on  the prog-
ress of technology from each company
—such  reports and comments thereon
should  be  a  part  of the report  the
Congress required by this section.
  As in the  Senate bill, the  Adminis-
trator  retains certain  discretionary
authority. He must, for example, pre-
scribe the  actual standard which  the
automobile must  achieve to meet  a
90-percent reduction from 1970-71 ve-
hicle emission levels.
  This  technical  judgment  could  be
viewed  as  a  way to vitiate the effect
of the deadline by adjusting the meas-
urement technique. This has been done
once this year. Before the Senate com-
pleted action on  this bill and before
the  decision  to   write  a   statutory
standard for motor vehicles,  the Na-
tional Air Pollution Control  Adminis-
tration proposed  a new measurement
technique for vehicles. The  new tech-
nique had the effect of  increasing the
allowable emissions for 1970-74 pas-
senger  cars.  By the seemingly simple
method of revising the  base on whi^h
standards were calculated—new tech-
nology  made pollutant  quality  and
      526-703 O - 73 - 33

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1678
LEGAL COMPILATION—Am
quantity   easier   to   measure—the
amount of  allowable pollutants was
increased.
  The  conference   committee  was
aware of the potential for adjustment.
The conference agreement  mandates
that measurement techniques be deter-
mined within 6 months after enact-
ment.  Should  the base be adjusted
again; that is, should a new measure-
ment technique be adopted for carbon
monoxide and  hydrocarbons so as to
increase the amount  of emissions and
thus alter the circumstances on which
our  judgment  has been made, over-
sight  hearings,   and   if   necessary,
corrective  legislation will be  the re-
sult.
  Mr. President, this legislation is the
product of  an effort which involved
many people over an extended period
of time. The members  of the  Senate
Committee on Public Works and their
staffs deserve particular praise. Our
hearings  were  numerous  and  there
were more  executive  sessions.  The
members were patient, attentive, coop-
erative, and not partisan.
  Chairman RANDOLPH  and  Senator
COOPER, both of  whom  sit with  the
subcommittee,  helped  guide  the  bill
through the full  committee. Senators
BOOGS, BAYH, MONTOYA, SPONG, EAGLE-
TON,  BAKER, and DOLE worked  long
hours on this bill and the final version
represents  their  individual  commit-
ments to the goal of a clean environ-
ment.
  Mr.  President, there were  many
conferences with the  House Committee
on  Interstate and Foreign Commerce.
The chairman, HARLEY O. STAGGERS of
West Virginia,  who  served as chair-
man of the conference, guided the leg-
islation well. His constant reminder of
the need to get a good, strong, reason-
able bill helped maintain our determi-
nation.  Representative PAUL  ROGERS
of  Florida provided  key proposals to
break  deadlocks  and Representatives
JOHN  JARMAN, BILL  SPRINGER,  and
ANCHER NELSEN worked diligently and
                patiently  to formulate the  compro-
                mise. The House conferees were  ably
                and faithfully  assisted by  Kurt  Bor-
                chardt and  Bob Nordhaus, and with-
                out their cooperation with the Senate
                conferees' staff, this bill could never
                had been produced.
                  In conclusion, Mr. President, I want
                to  emphasize  again that  committing
                the Congress with this legislation  can-
                not be, and will not be, enough. In this
                Chamber,  we  can  make  promises  to
                provide the funds and  the manpower
                necessary  to   set  and enforce  the
                standards.  That is not enough.  We
                must carry our commitment through
                to  the  appropriations of those  funds.
                  This  program requires   a  commit-
                ment not only from the Congress and
                the Executive.  It also requires a com-
                mitment from  the people.  And  from
                all of us, it requires a new  perspec-
                tive. We all must  recognize  that the
                quality  of our  air  is most valuable,
                most essential, to the quality of our
                environment and to the quality of our
                lives upon this planet.

                                           [p. 42383]

                               EXHIBIT 1

                SUMMARY OF THE PROVISIONS OF CONFERENCE
                 AGREEMENT ON THE CLEAN AIR AMENDMENTS
                 OF 1970

                          STATIONARY SOURCES
                 Air Quality  control  regions: The  agreement
                provides  that  areas of states not  designated
                will be considered as air quality control regions
                and provides  authority for Administrator to
                designate interstate region.
                 Air quality  criteria and control techniques:
                The agreement   requires   issuance  of  re-
                maining air quality criteria for major pollut-
                ants within 13 months of date  of enactment.
                 National ambient air Quality standards: The
                agreement establishes  procedures for setting
                primary national ambient air quality standards
                to protect public health and secondary national
                quality standards  necessary to  protect public
                welfare, following promulgation of the stand-
                ards (four months after issuance of criteria),
                the States will have  nine months  to develop
                and to adopt,  after public hearings, a plan to
                implement the primary standards.  Additional
                time will be  provided to set  implementation
                plans for secondary standards.

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                     STATUTES AND LEGISLATIVE  HISTORY
                                        1679
   Implementation  plans:  The  Administrator
 has six months  to  approve a submitted  imple-
 mentation  plan  or if  no plan is submitted or
 the plan is inadequate, to substitute a plan of
 his  own. The plan  must be designed to achieve
 the level  of  air  quality  established by the
 primary standard within  three years, and must
 include  a  description  of steps  which will be
 taken,  including transportation  and land use
 controls, emission requirements,  and other en-
 forcement  procedure.
   State standards:  The agreement  enables the
 State  or local subdivision to  adopt air  quality
 emission standards that  are  stricter than the
 national standard.
   New  source  performance  standards:  The
 agreement  authorizes  regulations  to require
 that new major  industry  plants  such as  power
 plants, steel mills, and cement plants achieve a
 standard of emission performance based on the
 latest  available  control  technology, processes,
 operating methods,  and other alternatives.
   Hazardous substance emissions:  The  agree-
 ment  requires  the  administrator  to regulate
 emissions of pollutants found to be hazardous
 to health.
   Federal enforcement: The agreement prohib-
 its violation of any air quality implementation
 plan, emission standard,  etc. It provides  crimi-
 nal  penalties and the authority to  issue  abate-
 ment  orders.  The  agreement  requires   record
 keeping,  authorizes  subpoenas,  requires  emis-
 sion monitoring, and authorizes  right of  entry.
   Federal Facilities:  The agreement requires
 Federal  facilities to control air pollution.
   Moving sources:  Standards—The agreement
 requires  emission standards based  on protec-
 tion of  public health and welfare  without re-
 gard to  the  propulsion   system  and provides
 that the 1975 model cars  must achieve at least
 a  90% reduction from emissions of  the 1970
 models.  This  would  approximate  the   1980
 standards   projected  currently  for  automo-
 biles.  The  agreement prohibits  violation  of
 standards.
   Aircraft  emissions: The agreement provides
 for regulation of aircraft emissions and Fed-
 eral preemption  of  authority to  regulate such
 emissions. Aviation fuels  regulation is author-
 ized also.
   Penalties: The  agreement sets penalties  of
 up to $10,000 per vehicle  and provides author-
 ity to seek injunctions against violators.
   Certification:  The agreement authorizes  the
 Administrator to  test any new vehicle submit-
 ted for  certification  for compliance  with stand-
 ards and authorizes certification  for a year. It
 also provides for  production line  testing  of
 vehicles.
   On the road  testing and compliance: The
 agreement  requires  warranty of 60,000  miles
on emission system performance. The Admin-
 istrator  can test cars on the road,  and can
 require  recall if  a representative  sample fails
 the test.
   State   grants  for  vehicle inspection:  The
 agreement authorizes 2-1 grants to the  States
 for developing emission inspection  systems.
   Pre-emption: The agreement  preempts State
 emission standard-setting authority, except for
 California.
   Low  emission  vehicles:  The  agreement  au-
 thorizes  certification and  purchase  of  Low-
 Emission Vehicles.
   Research: The agreement authorizes $75 mil-
 lion  for  fiscal 1971,  $125  million  for  fiscal
 1972, and $150 million for fiscal 1973 research
 relating  to  fuels  and  vehicles.  It  authorizes
 research  concerning the  health  effects  of air
 pollution  and authorizes  an additional $15 mil-
 lion for long-term contracts  to carry out these
 investigations.
   State planning grants: The agreement pro-
 vides 3 to  1 funding  to  states  with a bonus
 now  available only to  interstate and intermu-
 nicipal programs; it also provides for  the option
 of assignment of Federal personnel  in lieu of
 cash  grants.
   Emergency powers: The agreement gives the
 Administrator authority to abate any pollution
 that presents an imminent and  substantial en-
 dangerment to health.
   Citizens suits:  The agreement permits  citi-
 zens  suits  to  enforce  violation  of standards.
 Suits against the Administrator are  limited to
 mandatory functions.
   Federal contract compliance: The agreement
 prohibits  the Federal Government from signing
 contracts  with any company  convicted of viola-
 tion  of air  quality laws.  The agreement  au-
 thorizes the  President  to issue an  executive
 order to  provide uniform contract compliance
 language.
  Judicial review:  The agreement  permits  re-
 view  of the standards,  implementation plans,
 or other action taken pursuant to the Act.
   Mandatory  licensing: The agreement author-
 izes mandatory licensing  of  patents, on  tech-
 nology  not  otherwise reasonably  available  to
 facilitate  compliance  with  provision of  this
 Act.
  Authorization:  The   agreement   authorizes
 $650 million  for three years for purposes  other
 than  Section 104.
  Environmental  policy:  The agreement  re-
 quires the Administrator to  review  any  Na-
 tional   Environmental  Policy Act  statements
 and major Federal actions and make his  com-
 ments public.
  Noise pollution: The bill establishes an Office
of Noise  Abatement and Control in  the Envi-
ronmental Protection  Agency and  authorizes
 $30 million to carry out functions.

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1680
LEGAL COMPILATION—AIR
        DISCUSSION OF KEY PROVISIONS

  Section 107-108.  The conference  agreement
requires  the designation of air quality control
regions and the issuance of air quality criteria
and  control technique  information  within a
statutory  deadline. These are necessary admin-
istrative preconditions on  which much of  the
rest  of the agreement depends,  and the confer-
ence committee felt it  desirable to  speed up
their availability.  Criteria  have  already been
issued  for five pervasive pollutants: sulfur  ox-
ides, particulates,  carbon  monoxide,  hydrocar-
bons, and photochemical oxidants.  Within  the
13-month deadline, the Congress expects  cri-
teria to be issued  for nitrogen oxides, fluorides,
lead,  polynuclear   organic  matter,  and odors,
though others may be necessary.
  Section 109. Under  section 109 of the agree-
ment,  national ambient air quality  standards
must be  established, either within one month
of enactment  or  simultaneously  with  any  cri-
teria issued.  For  each  pollutant subject to a
criteria  document, there   will be  a  primary
ambient air quality standard,  set at  the level
of air quality adequate to protect  the public
health,  and a secondary  ambient  air quality
standard  to eliminate adverse effects  on  wel-
fare.
  Section 110. Section 110  requires  each State
to develop  an implementation  plan which as-
sures the attainment of the primary  ambient
air quality  region within  three years from the
date the plan  is  approved. The plan  also must
provide  for reaching the generally  more re-
strictive levels of  air pollution of the secondary
standards within  a reasonable  set time period
and  should  be related to  the  difficulties with
which a particular region  is confronted.
  With up  to four months for  the final  pro-
mulgation of  national  standards, up  to  nine
months for  the  States  to develop  their  plans
and up to four months  for the Administration
to either approve  a  State plan or  decide to
substitute his own authority in promulgating a
plan, approval of plans for major pollutants is
no  more  than 17 months away.  Within  four
and  one-half years, the level of  air quality in
American cities,  as to these major  pollutants,
should be adequate to avoid adverse  effects on
public health.
  In order  to  implement  the national  ambient
air quality standards, these plans must provide
for  emission  limitations on all services in the
region  covered  by  the  plan,  together  with
schedules and timetables   of  compliance,  sys-
tems for  monitoring  both  ambient  air  and
emissions from  individual  sources,  and  ade-
quate enforcement authority (including special
provisions for air pollution emergencies).  Im-
plementation  plans  must  provide that  when
adequate  on-the-road  motor vehicle emissions
tests are developed,  the   State will  have a
system for  periodic inspection. Federal grants
                    are available to  develop such inspection pro-
                    grams.
                      Implementation  of  standards  will  require
                    changes  in  public  policy:  land  use  policies
                    must be developed to prevent location of facili-
                    ties which are  not compatible with implemen-
                    tation  of  national standards.  States  must  re-
                    view  the  location  of   every  new  stationary
                    source before construction  to  assure  no inter-
                    ference with attainment of the standards.
                      Transportation policies must be developed or
                    improved  to assure that the  impact of pollu-
                    tion  from existing  moving  sources is  reduced
                    to the minimum  compatible with the needs of
                    each region. Construction  of  urban  highways
                    and freeways may be required to take second
                    place  to  rapid and mass  transit and  other
                    public  transportation systems. Central city  use
                    of motor vehicles may have to be restricted. In
                    some congested areas the number of operations
                    of aircraft  into  an airport may  need to be
                    limited, or  steps  taken  to  reduce  emissions
                    while  aircraft  are on  the  ground.  If such
                    controls are required, the plan for implementa-
                    tion should so provide. If the plan is approved,
                    the Congress  expects the Federal  regulatory
                    agencies  to  take  the steps necessary  to assure
                    compliance with  the plan.
                      The  conference  committee  was  convinced
                    that the Administrator of the Federal Aviation
                    Agency would work closely with  the States and
                    the Environmental Protection  Agency to attain
                    these controls when necessary.
                      If, at the time of plan approval, it appears
                    impossible to bring specific sources into com-
                    pliance within  three years, the Governor of the
                    State may request an extension of the deadline
                    up  to  two  years.  The  Administrator  must be
                    satisfied that alternate means of achieving  the
                    standard have  been considered (including clos-
                    ing  down  the source  in  question),  that  all
                    reasonable interim  measures  will  be  applied,
                    and  that  the State is justified in  seeking  the
                    extension,
                      A Governor  may also apply for a  postpone-
                    ment of  the  deadline   if, when  the  deadline
                    approaches, it is  impossible  for a source to
                    meet  a requirement under  an implementation
                    plan,  interim  control measures  have  reduced
                    (or will  reduce)  the adverse health

                                                      [p. 42384]

                    effects of the source, and the continued opera-
                    tion of the source  is essential to  national secu-
                    rity or the public  health  or welfare  of that
                    State.  Such a  postponement  is  subject to
                    judicial review.
                      Section  111.  The conference  agreement, as
                    did  the   Senate   bill,   provides  for  national
                    standards of  performance  on  emission  from
                    new stationary  sources.  Included  under  this
                    section would be emissions from new or modi-
                    fied  installations  of major  industries. These

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                     STATUTES  AND  LEGISLATIVE HISTORY
                                       1681
sources,  important in themselves  and involved
in industries  of national scope must be  con-
trolled to the maximum  practicable degree re-
gardless  of their location.  Standards of  per-
formance must be set at  the greatest degree of
control attainable  through  the  application  of
the best  system of  emission  reduction  which
has been adequately demonstrated.
  Sources for which the Congress  would  expect
standards of performance to be established in-
clude :
  Cement manufacturing;
  Coal cleaning operations;
  Coke byproduct manufacturing;
  Cotton ginning;;
  Ferroalloy plants;
  Grain milling and handling operations;
  Gray iron foundries;
  Iron and steel operations;
  Nitric  acid manufacturing;
  Nonferrous  metallurgical operations   (e.g.
aluminum  reduction,  copper,  lead,  and  zinc
Smelting);
  Petroleum  refining;
  Phosphate manufacturing;
  Phosphoric acid manufacturing;
  Pulp and paper mill oeprations;
  Rendering plants  (animal matter);
  Sulfuric acid  manufacturing;
  Soap and detergent manufacturing;
  Municipal  incinerators; and
  Steam electiic power plants.
  Section 112.  Under section  112, the Admin-
istrator must set emission  standards for  haz-
ardous air pollutants, after public hearings  on
proposed standards. The  standards must he set
to provide an ample margin of safety to  pro-
tect  the  public  health. This could mean, effec-
tively, that a plant would  be  required to  close
because of the absence of control techniques. It
could include emission standards which allowed
for no measurable emissions.
  New sources  of such pollutants may be  con-
structed   only   if  they  meet  the  standards.
"Within two  years,  if installment  of  contiol
equipment takes that long,  existing  sources
must meet the standards, and  during any relay
in  meeting  the  standards,  alternate  means
must be  used to protect  the health of persons
from  imminent endangerment.  Examples  of
substances which the Administration informed
the Senate  were likely to  be controlled under
this  provision are beryllium, asbestos, mercury,
and  cadmium.
  Section 113.  Federal enforcement under sec-
tion 113  leaves  the primary responsibility  with
the  States  for  enforcing  requirements  under
implementation plans. The Administrator  can
issue an  abatement order to a polluter or go to
court seeking an injunction only after 30 days'
notice to  an individual  polluter,  or  30  days
after notifying  the State that the Federal  Gov-
ernment  is  generally assuming  enforcement
powers in that State because of a widespread
failure  of  States'   enforcement.   This  gives
States 30 days  in  which  to  take  appropriate
action themselves.
  For Federal standards  of  performance  for
new sources  and emission standards for  haz-
ardous  air pollutants,  the Administrator  may
enforce  without delay  by either  issuing an
order  to  abate or  seeking  an injunction  in
court.  This  authority  may  be delegated  to
States but the Administrator retains authority
to act directly without notice  to the State.
  The conference agreement  retains the  exist-
ing abatement conference procedure for inter-
national pollution and for pollutants not sub-
ject to ambient air quality standards or  emis-
sion  standards  for  hazardous   air  pollutants.
The effect of  past  enforcement  actions is pre-
served.
  Knowing violations of an order issued by the
Administiator or of State implementation  plan
requirements  (where  the  violator has  received
notice) or of  Federal standards  of perform-
ance  for  new  sources or of  Federal emission
standards  for  hazardous  emissions  shall  be
punishable by a fine of not more than $25,000
per  day of violation  or by  imprisonment for
not  more than  1 year. For  second or subse-
quent violations, the  fine is  not  more   than
$50,000 and imprisonment for not more than 2
years.
  Section  114.  The  conference   agreement
grants  authority to  the  Administrator or his
authorized representatives  to enter the prem-
ises  of any  emission  sources,  to  require  the
owner or operator  of any source to install and
maintain  emissions monitoring equipment  (and
to protect it  against  tampering), to  require
sampling of emissions, and to  require  records
and leports. Violations of this provision  are
subject to restraining orders  and knowing fal-
sification of records,  reports and other infor-
mation required by  this  Act  is  subject  to
ciiminal penalties of  $10,000, or imprisonment
of six months,  or both.
  Section 202. The  Administrator is directed to
establish  emission   standards  for  pollutants
from new motor vehicles or engines which are
likely to endanger the public  health or welfare.
Such standards are  to be applicable  for  the
useful  life  of  the  vehicles  or  engines.  The
statute specifies that "useful life** shall  be a
period of use of at  least five  years or 50,000
miles, whichever occurs first.  The effective date
of the  standards is  to depend  on the period
necessary to develop  the  requisite  technology,
giving appropriate consideration to the cost of
complying by  such  date.
  Carbon monoxide and hydrocarbon emissions
from light duty vehicles  for 1975  model  year
and thereafter are  to be reduced  at  least  90
per centum over 1970  standards for these pol-
lutants.  Oxides  of  nitrogen emissions  from
light duty vehicles for  the 1976 model year and

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1682
LEGAL  COMPILATION—AIR
thereafter are to be reduced by at least 90 per
centum over the actual emission of these pol-
lutants from  1971  model vehicles, which were
not subject to Federal or  State  standards  for
such emissions.
  Any manufacturer may apply to the Admin-
istrator within specified time limits  for a one-
year suspension  of the statutory time  limits,
and  the  Administrator  is to   issue interim
standards  if  he  approves such application.
Such   interim  standards   are  to  reflect  the
greatest degree of  emission control which is
achievable  by application of technology deter-
mined  by  the Administrator  to be  available.
The Administrator  is  to  take into considera-
tion whether  the manufacturer has  met statu-
tory requirements  relating to public interest
and public  health  and welfare,  availability  of
technology,  and good  faith  efforts  to  meet
standards.
  The Administrator is to  enter  into appropri-
ate arrangements with the National Academy
of Sciences to conduct a study of the feasibil-
ity of  meeting statutory deadlines for the 1975
and 1976 model years. In  entering  into such
arrangements, the Administrator is to request
the Academy to  submit  its  first report  not
later  than  July 1, 1971. The  Administrator is
directed to use all information-gathering  au-
thority granted to  him to furnish to the Acad-
emy any information  requested by it.
  Section 207. The  provisions for warranty of
vehicle emission  control   systems  or  devices,
contained  in section  207  of  the  conference
substitute,  are  among the  most important in
the  Act.  Standards for  new  cars  will have
little  impact  if  we  cannot assure  compliance
with  those standards  over the  useful life of
those vehicles. Testimony required by the Com-
mittee indicated significant deterioration from
expected per formance  levels as between proto-
type models and production vehicles. According
to  information  provided by the National  Air
Pollution  Control  Administration  from  the
record of the Senate hearings:
   "The production  fleet  data  indicate that air
quality in  1985  will  be 25 percent  higher in
hydrocarbons and  13  percent  higher in  carbon
monoxide  than  it  would  have  been if there
were  no  discrepancy in emissions  rates. Oxi-
dant concentrations are approximately a direct
function of hydrocarbon concentrations,  as in-
dicated in the "Air Quality Criteria for Hydro-
carbons."  Thus the oxidant levels in  1985  will
also be approximately 25  percent higher. This
analysis is based on  data gathered from 1968
and 1969 model year cars. To the extent that
production fleet performance can be made to
approximate  prototype emissions more  closely,
in 1970 and  later model  years,  the  discrepan-
 cies   in  the  projected   curves can  be   re-
 duced/' (Volume 1, p. 372.)
   This information, in addition  to  data  which
shows significant deterioration from the  stand-
                   ard  after  a vehicle  accumulates mileage, sug-
                   gests that the investment in emission systems
                   by the  American public will be of  no purpose
                   and that the air quality  objectives  of existing
                   and proposed legislation will have failed  unless
                   better performance is required.
                      The  responsibility of  the industry  cannot
                   stop at the factory gate. Without some degree
                   of quality control which can  only  be assured
                   through individual vehicle compliance, the mo-
                   torists cannot be required to maintain emission
                   performance—vehicle emission inspection pro-
                   grams  will  be  meaningless—and   air  quality
                   will not be maintained.
                      Conversely, by requiring the manufacturer to
                   warranty  performance, margins of safety will
                   be built into  each vehicle to insure  better than
                   required performance, systems will  be designed
                   to minimize  deterioration,  State vehicle  emis-
                   sion  inspection   programs  can  cause  proper
                   maintenance  to  be  observed  by the  motorists
                   and the air quality objectives of this legislation
                   will be implemented.
                      To achieve this,  the conference  agreement
                   provides  that motor vehicles be warranted by
                   the  manufacturer  to  comply  with emission
                   standards for 5 years  or 50,000   miles. This
                   performance  warranty  is in addition to a stat-
                   utoi y  warranty  of  freedom from  defects in
                   materials  and workmanship.
                      The  performance   warranty  cannot  be  en-
                   forced   until  the   Administrator   establishes
                   methods for on-the-road testing of vehicles and
                   states   have  individual   vehicle   compliance
                   inspection systems and programs.  A warranty
                   will not  become  effective  until  the  vehicle's
                   deviation  from  the  standards  subjects  the
                   owner  to  some sanction,  such  as a  fine or ban
                   from the  road.  Proper  operation and mainte-
                   nance according  to  the manufacturer's  reason-
                   able instructions is  a precondition  to the war-
                   ranty, but all repair work under the warranty,
                   as in  the case of vehicles recalled  because of
                   non-conformity  with the standards, must be at
                    the cost of the manufacturer.
                      Section 211.  Section  211 of the  conference
                    substitute authorizes the Administrator to con-
                    trol or prohibit the  manufacture  or  sale of
                   motor  vehicle fuels  or  fuel additives.  This is
                    combined   with  added  information-gathering
                    powers in the registration  of all fuels and fuel
                    additives. The Administrator may impose such
                    controls or prohibitions if emission  products of
                    a fuel  will endanger public health or welfare,
                    or if the  fuel or additive impairs to a signifi-
                    cant degree  a  vehicle  emission  control  system
                    in general use, as long as the control of a fuel
                    does not  result  in a greater danger to public
                    health  or  welfare from a substitute fuel.

                                                      [p. 42385]

                      The  concept   of  a  control or   prohibition
                    should be taken  to include requiring  design

-------
                     STATUTES  AND  LEGISLATIVE  HISTORY
                                       1683
changes  in  motor  vehicles,  as  well  as  fuel
handling equipment,  to  ensure maximum com-
pliance with regulations specifying acceptable
fuel  use  for  various  classes of vehicles. In de-
veloping any controls, the Administrator should
consider  the fuel needs of  existing motor ve-
hicles, as well  as future production.
  While   the  conference  substitute  specifies
procedures under section 211  which  the Ad-
ministrator will use  in determining  whether
to prohibit or control fuels or fuel  additives,
the  conference  committee wishes  to  call  the
Administrator's  attention  to the  relationship
between  his  functions under this  section and
the  emission deadlines   stipulated  in  Section
202.  It is not the intent  of the Congress  to
create a cumbersome, time consuming admin-
istrative procedure which will delay  necessary
controls  on  fuels and  fuel  additives  required
to meet  these  deadlines.
  Neither  is it the intention of the Congress
to lock the Administrator into a rigid economic
interpretation   of the   cost  benefit   analysis
specified  in  this section  in making  his  de-
termination to prohibit  or control fuels or fuel
additives.
  Rather,  the  conference committee wishes to
call  the  attention of the  Administrator to the
broad  environmental, esthetic and  health con-
siderations  underlying  the  enactment  of this
legislation which  should be  kept  in mind mak-
ing  these  determinations.
  States  and  localities  are  preempted  from
presenting  or enforcing  controls  or  prohibi-
tions  not  identical  to  those  of the  Federal
government, unless an  approved State imple-
mentation plan under section 110 provides for
fuel  or additive  control in order to attain the
national ambient air quality standards. Cali-
fornia, however, is free to have any regulation
of fuels  or additives it  finds necessary.

  Sec. 231-234.  A  new  Part B of Title  II,
added  by  the  conference agreement,  provides
authority for  the Administrator to  prescribe
emission  standards  for  civil aircraft  and air-
craft engines.  This he  must do after  no more
that 180 days  of study and after public hear-
ings  in  critically affected regions. The Secre-
tary  of  Transportation,  through  the  Federal
Aviation  Agency, will  enforce the standards.
States and localities are preempted  from adopt-
ing  or enforcing any but identical standards.
The  Administrator is also authorized to recom-
mend  standards  for aviation fuels,  which must
be  prescribed  by the  Administrator  of  the
Federal Aviation  Agency.

  The conferees expect that critical  standards
for  aircraft will go considerably  beyond the
present  smoke  reduction   program  which   is
being  carried  out  for  three-engine jobs.  To
limit the standards  to  certain aircraft is  un-
acceptable. To  rely  on  smoke reduction alone
ignores  other,  perhaps  more important pol-
lutants,  which will have  to  be controlled as a
part  of  the  national  ambient   air  quality
standards program.
  Section 304. The conference  agreement  au-
thorizes  citizen suits against polluters to abate
violations  of  any  emission  limitation  under
the   Act   (including   State   implementation
plans), and  against the Administrator to re-
quire him to do  any of the functions this  Act
assigns to him. Any polluter, including  a gov-
ernment agency, is subject  to  such a   suit
after 60 days notice from  the citizen-plaintiff.
If a government  abatement action  is  being
diligently pursued in a United  States or State
court, a citizen  action  cannot be  filed, but an
interested  party  may  intervene  as a  matter
of right. There  is no  delay or notice  require-
ment  for  violations   of  the  Administrator's
order or a  violation of  a  hazardous  pollutant
emission standard. Cost of litigation, including
attorney's fees and expert witness fees, could
be awarded to either party, as the court thinks
appropriate.
  The Courts should recognize that in bringing
legitimate  actions under this section  citizens
would be performing  a  public  service  and in
such  instances the  courts  should award costs
of litigation  to such party. This should extend
to plaintiffs  in  actions  which result  in  suc-
cessful abatement but  do  not reach a verdict.
For  instance, if as a  result  of a citizen  pro-
ceeding  and  before a  verdict is  issued,  a de-
fendant abated  a  violation,  the  court   may
award litigation expenses  borne by the  plain-
tiffs   in  prosecuting such  actions.  However,
there is no question that some persons may use
section 304  to  bring  frivolous and harassing
actions.  In  such cases, the court could award
costs of litigation  to  defendants  as it  is in
the public  interest to avoid such  actions.  This
should have  the  effect of  discouraging  abuse
of this provision, while  at the same time en-
couraging the quality  of the actions  that  will
be brought.
  Section 305. An important provision of the
conference agreement  is section 305, granting
the  Administrator  the  authority  to represent
himself in court if the Attorney  General  does
not  qualify  him  that  he  will  enter  the  case
within a reasonable time.  This is  necessary if
the  Administrator is  to have effective  control
of  enforcement  actions under this Act.  The
Administrator is required  to initiate enforce-
ment  actions; this allows him to  satisfacto-
rily  carry them out.
  Section 308, In order to prevent the stringent
standards  of  the  Act  from  contributing to
monopolist   concentrations  in  any  industries,
the conference agreement provides for a limited
mandatory  licensing of  the  technology  neces-
sary  to meet automobile  emission  standards,
emission  standards  for   hazardous  air   pol-
lutants,  or  new source standards  of perform-
ance,  if covered by a U.S.  patent.  If  rights
under such  a patent are not reasonably avail-
able, or the  technology not commercially avail-

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1684
LEGAL  COMPILATION—AIR
able through purchase of control equipment,
the Attorney General may certify to a district
court that some  lessening of competition will
result and seek a license on reasonable terms
and conditions.
  Section 310. The  conference agreement  in-
structs  the Administrator to review and com-
ment on Federal actions which affect environ-
ment and  make  such comments  public  upon
completion of bis review.
  This  policy conforms with Sec. 102 of  the
National  Environmental Policy Act  and was
discussed  with the Administrator of the En-
vironmental  Protection Agency,  William  D.
Ruckelshaus, at  his  confirmation hearing on
December 1,  1970.
  The conference agreement thus removes  the
ambiguity concerning the public release of such
reviews and comments which has  emerged dur-
ing the  debate   on appropriations for  the
supersonic transport. Those comments must be
made public  when the Environmental Protec-
tion Agency completes its review—not  when
the environmental impact agency decides  the
public should be  informed.
  Authorizations. The  conference substitute
adopts the House amount for Fiscal Year 1971
for Sec.  104 and Sec. 309—a total of  $200
million.  For Fiscal  Year 1972 the conference
agreement provides for a total  of $350 million,
of which $125 million is for research on fuels
and vehicles. For Fiscal Year 1973 the author-
ization  is $150 million for research under Sec-
tion 104, out of a total of $450 million. In addi-
tion  the  conference  substitute  retains  $15
million or long term contracts for air pollution
effects research under Section  103, $30 million
for funding the  Office of Noise Abatement in
the Environmental  Protection  Agency,  and
$55 million for  low  emission  vehicle procure-
ment,  $5 million of which is authorized  for
Fiscal  Year 1971  and $25 million  each  for
Fiscal Years 1972 and 1973.

   Mr.   EAGLETON.  Mr.   President,
will the Senator  from Maine yield?
   Mr.  MUSKIE. T am happy  to  yield
to the  Senator  from Missouri  and
commend  him for  his invaluable  as-
sistance in the committee, on the  floor,
and in the conference.
   Mr. EAGLETON. I thank the Sena-
tor from Maine.  I should like to pro-
pound to  him  a few brief questions
just  to illustrate further  the signifi-
cance and the parameters of this very
noteworthy piece of legislation.
   Before doing so, I wish to praise his
enormous efforts in this valuable  piece
of legislation.  But for  the  Senator
from  Maine,  but for his  diligence, his
                 persistence,  his  persuasiveness,  we
                 would  not have as good a bill  as we
                 today have before us.
                   We  all recognize  that this bill has
                 great significance for our national ef-
                 fort to clean up the air pollution  that
                 afflicts virtually  every  citizen in the
                 United States.  I  think  we should also
                 pause  to  record that   this  bill  also
                 marks a very significant step forward
                 in the  continuing development of more
                 responsive  and  responsible  relation-
                 ships among the  Federal Government
                 and the  State  and local governments
                 of our country. I want  to thank  the
                 distinguished Senator from Maine for
                 his  vigorous  and enlightened  leader-
                 ship on  this less conspicuous but sin-
                 gularly  important  aspect of this bill.
                 Would the Senator from Maine agree
                 that this bill has very broad signifi-
                 cance in the area of Federal-State re-
                 lations?
                   Mr.  MUSKIE. Yes.   May  I say to
                 the Senator that during the delibera-
                 tions  on the bill  I  have  been  very
                 much  interested  in preserving "local
                 option"  features, so that State and
                 local authorities would be able to pur-
                 sue  options  among  a  broad  array,
                 seeking  a possible  way of controlling
                 or  preventing  air  pollution that  is
                 most responsive to  the  nature of their
                 air pollution  problem   and  most re-
                 sponsive to their needs. In  my  judg-
                 ment,  the bill will give State and local
                 authorities sufficient latitude in select-
                 ing ways to  prevent  and  control air
                 pollution.
                   Mr. EAGLETON. It seems  to me
                 that even with the strong  provisions
                 in this bill concerning automobiles, it
                 will be  necessary for  us  to  devote
                 more of our  national resources to al-
                 ternative ways of transporting people,
                 particularly transporting them  to and
                 from our cities and within those cities,
                 at less than supersonic speeds.  Would
                 the Senator from Maine care to  com-
                 ment on this  proposition?
                   Mr. MUSKIE. Yes,  I would. There

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                STATUTES AND  LEGISLATIVE HISTORY
                               1685
is a tendency to focus upon  the  new
car provisions  in the bill, and under-
standably   so.   Nevertheless,  what
really  moved the committee, the Sen-
ate,  and the conferees  to  go in  the
direction of a tough deadline for  new
cars is the fact that there are used
cars, and the used car population  cre-
ates a  problem. There are 100 million
to 110 million  automobiles that  are
moving about, heavily concentrated in
the large  urban centers and  beyond
the reach, really, of any effective tech-
nological control development.
  Further, if we are to deal with the
used car problem, we need  a  new car
deadline in  order to begin the process of
                           [p. 42386]

cleaning up new used  cars. We  still
have existing a mass of used automo-
biles to deal with. The bill before us
deals  with  that problem  by the re-
quirement  of  national ambient  air
quality standards geared to help.
  Those standards,   realistically  ap-
plied, will require that urban areas do
something  about their  transportation
systems, the movement of  used cars,
the development of public transit  sys-
tems, and the modification and change
of housing patterns, employment  pat-
terns,   and transportation patterns
generally. All of that is implicit in the
concept of implementation  plans  for
national ambient air  quality  stand-
ards and what  they mean for the used
cars in our country.
  Mr.  EAGLETON. Would the Sena-
tor from Maine agree with me that
this bill is intended  to afford to the
citizens  of the  United  States  very
broad  opportunities  to participate in
the effort  to  prevent  and  abate  air
pollution? Are not the citizen suit  pro-
vision  and  the  requirement for public
hearings   on   State   implementation
plans likely to result in higher quality
and  better air  pollution control pro-
grams across  the Nation than would
likely  be the case if there were  less
opportunity for citizen participation?
  Mr.  MUSKIE. That was the thrust
of the Senate  bill  in  many respects,
and  although we did modify the citi-
zen suit provision I feel that thrust is
retained. The Senate committee felt it
would  be impossible to do the total job
of air pollution cleanup relying wholly
upon the Federal bureaucracy.
  This is why  we emphasized the ne-
cessity for developing State and local
programs.  But  in  addition, this bill
provides for  other  participation  by
citizens in various ways.  We  regard
that as a key element in the successful
prosecution of  the air pollution goals
which  this bill undertakes.
  Mr.  EAGLETON. Mr. President, as
the  Senator knows, long  after  the
Senate had completed action  on the
air pollution bill, well after adminis-
tration representatives had been  in-
vited to react to the Senate's  air pol-
lution  bill, and even after  an  an-
nounced  agreement had  been  reached
on the vital auto deadline, to which
the Senator from Maine has already
referred,   the  Nixon  administration
wrote  an llth-hour letter to the dis-
tinguished Chairman  of the  Senate
Public Works Committee. In my view,
that letter can only be interpreted as
an attempt on the part of some in the
administration to weaken the  strong
Senate bill and the tentative  confer-
ence compromise.
  Does the Senator from Maine think
that the Richardson letter is an indi-
cation  that we should carefully review
implementation  of  this  program  in
mid-1971  to be  sure that  the  regula-
tions are not weakened in application?
  Mr.  MUSKTE.  Mr.  President,  I
agree.   The  Richardson   letter  was
badly  timed.  It did  complicate  the
work of the conference  and make it
more difficult to reach agreement and
to   achieve   what  we   ultimately
achieved in the  conference agreement.
  On this point I concur with the Sen-
ator. We should carefully review the
implementation  of this program next
year to insure that it is moving along

-------
1686
LEGAL COMPILATION—AIR
in accordance with our interpretation
of what we think the  Senate is doing
in this piece of legislation.
   Regulations  are  not to be used to
dilute and water down the strong pol-
icy which the Senate is adopting.
   Mr.  MAGNUSON.  Mr.  President,
will the Senator yield?
   Mr. MUSKIE. I yield.
   Mr. MAGNUSON. Mr. President,  I
am not familiar with  everything the
conferees did.  But I think  that there
is some confusion  as to what depart-
ment  would  be   the  enforcement
agency.
   Mr.  MUSKIE. The  Environmental
Protection Agency.
   Mr.  MAGNUSON.  What about the
Department   of     Transportation?
Would it  have  something to do with it,
or the Motor Safety Division?
   Mr.  MUSKIE. The Senator refers
to  the  low-emission  vehicle  program
which  the Senator from Washington
introduced and of which I was a co-
sponsor. We had joint hearings on it
with the  Committee  on  Commerce.
And it was  reported  out of the Com-
mittee on Commerce. It was passed as
separate  legislation. Then it was in-
cluded in this bill. It is retained in the
conference report.
   Mr. MAGNUSON.  Mr. President, I
thoroughly  agree with the  Senator
from Maine. We  can set  a deadline
and then no  one has  any  oversight
over what is going on.  So  we come to
the deadline  and someone  will say,
"We have not done it."
   They give us  all the rigmarole and
the reasons why they  have  not done it.
   I am  concerned about having  some
kind of  surveillance  over  this as we
 move  along toward  the date  decided
 by the conference. We could do that
 later.  But we should  have  the legisla-
 tive oversight committee  or  someone
 do it. Perhaps  it should be  the new
 Environmental  Control Committee on
 which  we will  meet  this  afternoon.
 They might do that. I do not know.
   Mr. MUSKIE. This could be within
               their area of jurisdiction. I think it
               might be useful to read this provision
               from the House RECORD of yesterday:

                 There is established a Low-Emission  Vehi-
               cle  Certification Board to be composed of the
               Administrator or his designee, the  Secretary
               of Transportation or his designee, the Chair-
               man of the Council  on Environmental Quality
               or his designee, the Director of the National
               Highway Safety Bureau in the  Department of
               Transportation,  the  Administrator of General
               Services, and two members  appointed  by the
               President.  The  President shall designate one
               member of the Board as Chairman.

                  Mr. MAGNUSON. This is  the  sort
               of thing we have to keep on top of.
                  Mr. MUSKIE. The  Senator is  cor-
               rect.
                  Mr.  MAGNUSON.   Otherwise we
               will wake up on  a given date and they
               will say, "Well, we  have not been  able
               to  do it." They  will give  all kinds of
                reasons why they have not been  able
               to  do it.  There will then be an outcry
                to  extend it.
                  I think we have to be  sure  that
                someone is on top of this  thing all the
                time.
                  Mr.  MUSKIE.  Mr.  President,  I
                thank the Senator  from  Washington.
                  Mr.  President, I  now  yield to the
                Senator from West Virginia.
                  Mr. RANDOLPH. Mr. President, I
                shall  ask the able chairman of the
                subcommittee several   questions.  The
                Senator from Maine  who  served so
                effectively as chairman of the Senate
                conferees, has,  not only during this
                conference,  but  also  during  several
                years past,  given much of  himself to
                the development of this legislation. It
                is  as he said in commenting on the
                conference report, good strong legisla-
                tion.
                   I  respectfully  disagree   with the
                words of the Senator from  Maine and
                the words of the  Senator  from  Mis-
                souri in reference to the appropriate-
                ness of the communication from Sec-
                retary Richardson.
                   Each  person  places  his  own inter-
                pretation on the content  of the letter.
                I  do not say this  today  for the first

-------
                STATUTES  AND LEGISLATIVE  HISTORY
                              1687
time. I said it when we discussed the
matter within the Public Works Com-
mittee and  when we  discussed  it
within the conference. I am only re-
peating what I have said before.
  I am very frank to say that I think
the  letter should have  come  to us
sooner. This is something that I want
the RECORD to reflect. I also want the
RECORD to indicate that there had been
no final decisions made here on Capi-
tol Hill in reference to this  important
legislation at the time  the communica-
tion   was  received.  The democratic
process  is at work.   The  legislative
process  is at work. The advice from
the executive branch is at work in ref-
erence to the finalization of this im-
portant legislation.
  Mr. MUSKTE.  Mr.  President, will
the Senator yield?
  Mr. RANDOLPH. I  yield.
  Mr. MUSKIE. Mr. President, to
clarify my position with reference to
the  administrator's   prerogative to
comment  on  this legislation  or any
legislation, it is not my intent in the
remarks  I made earlier  that the ad-
ministration  does not  have  that pre-
rogative.  From  the time we reported
this  bill  out  of  the Subcommittee on
Air  and  Water  Pollution, we publicly
and  in other ways solicited the admin-
istration's position on the provisions
of the bill.
  It would have been  useful to  have
had  the administration position in the
course of the floor debate. We specu-
lated about it, but we did  not know
what it was.
  We went  to  conference,  I  think,
about October 8 or 9. We  reached a
tentative agreement on the auto emis-
sion  deadline on that  day. The  letter
from the  Secretary of HEW is dated
November 17, some 6 weeks later. It is
that to  which I direct my  criticism.
Six weeks after we started the confer-
ence we got this letter  on the adminis-
tration's  position. Certainly it is the
administration's prerogative to send it
up  at any time it wishes. They could
have sent it today. I am talking now
about the very  disruptive effect the
timing had.
  Mr.  RANDOLPH. I have  agreed
with my distinguished  colleague, the
Senator from Maine, that I felt the
letter was  late  in arriving. I  made
that statement at the very outset. But
I do not look  on a  letter  from the
administration setting forth its views
as disruptive.
  I look on it as a further indication
of the interest of the parties who are
in  the  Federal  Government  either
officially or
                          [p.  42387]

indirectly, and that, I  think,  is the
democratic process.
  Mr.  EAGLETON. Mr.  President,
will the Senator yield?
  Mr. BAKER. Mr. President,  a par-
liamentary inquiry.
  The  PRESIDING  OFFICER. The
Senator will state it.
  Mr.  BAKER. Mr. President,  who
has the floor?
  The  PRESIDING  OFFICER. The
floor is held  by  the Senator  from
Maine, who had yielded to the Senator
from West Virginia.
  Mr. RANDOLPH. Mr. President,  I
have  some  further  remarks  I am
going to make in reference to the con-
ference report, but I have just called
attention to the colloquy here.
  The  PRESIDING  OFFICER. The
Senator from Maine has the floor.
  Mr.  MUSKIE.   Mr.  President,   I
yield the  floor so  the  Senator from
West Virginia  can have the floor in
his own right for the purpose of yield-
ing to other Senators.
  Mr. BAKER. I wanted to make sure
who had the floor so that I know to
whom I should address my inquiry so
that I might comment on the colloquy
between the Senator from Maine and
the Senator from Missouri.
  The  PRESIDING  OFFICER. The

-------
1688
LEGAL COMPILATION—AIR
Chair  recognizes  the  Senator  from
West Virginia.
  Mr.  RANDOLPH. Mr.  President,
because of the colloquy which has en-
sued, I yield next to the Senator from
Missouri.
  Mr. EAGLETON. I thank the Sena-
tor.  As the Senator from  West  Vir-
ginia knows, the air pollution bill was
pending before the Committee on Pub-
lic Works for many months.
  Mr.  RANDOLPH. The  Senator is
correct.
  Mr. EAGLETON. And on numerous
occasions  representatives of the  ad-
ministration,  Dr. Middleton, and oth-
ers in the Department of Health, Edu-
cation, and Welfare,  either testified
before  the  Committee  on   Public
Works, and I refer to the Subcommit-
tee on Air and  Water  Pollution  of
that committee,  or had  conferences
and  communications with  that com-
mittee.
  Mr.  RANDOLPH. The  Senator is
correct.
  Mr. EAGLETON. It is well known
that as the bill evolved through  the
committee process, in subcommittee, in
full  committee,  in  markup,  and  so
forth, and it  was widely disseminated
in the public press that the Senate
committee was  considering  a   1975
model year cutoff with respect to new
cars.
  Mr. RANDOLPH. At this point the
able Senator knows that much of what
is printed in the press on  so-called
executive  sessions, and conversations
of Members, is a constant problem,
not that the  press should  not inform
its readers. I commend the media for
attempting to be accurate. But I think
there is  a constant question mark in
stories of this  kind. I would  not say
that what we  were doing was  pre-
cisely set forth.
  Mr. EAGLETON. Passing for a mo-
ment from what had or  had not been
published in  the press, it  was  abun-
dantly well known in the Department
of Health,  Education, and Welfare
               that the Senate committee was consid-
               ering and  leaning strongly toward  a
               1975 cutoff with  respect to new cars.
               Is that correct?
                 Mr.  RANDOLPH. The  Senator is
               correct.
                 Mr.  EAGLETON. Then,  I would
               like to ask  this question, without for a
               moment wishing  to  detract from  the
               excellent bipartisan cooperation in the
               committee  and in the  Senate which
               has  made  this bill  possible:  No  one
               questions the prerogative of any Cabi-
               net official to write  a  letter to  any
               Senator or Representative at any time
               he is predisposed  to do so; but what is
               raised by the timing of this letter is
               more significant  than the content of
               the  letter.  Bear  in mind  that  we
               worked on this bill  for many months
               and  that we had  gone through labori-
               ous executive  sessions in the Commit-
               tee on Public Works, and we had  Mr.
               Middleton for a part of those sessions,
               and  the bill was reported to the floor.
               On the floor it was vigorously debated,
               and, in particular,  the provision on
               automobiles was  debated between  the
               Senator from  Maine and  the  Senator
               from Michigan.  Then  the bill went
               back to conference. There was a tenta-
               tive  agreement, and it was printed in
               the  press  before the election recess
               that the tentative agreement had been
               reached on this  portion  of the  bill.
               After all of that, we hear in writing
               from Secretary  Richardson  for  the
               first time after the election recess that
               he has some objection to the 1975  cut-
               off deadline.
                  The point I am  trying  to  make is
               that I do  not question Mr. Richard-
               son's ability or authority to write the
               letter. But with  that history behind
               this bill I do question why it took  him
               until November 1970 to make his posi-
               tion clear  with respect to this  single
               most contentious portion of the bill.
                  Mr. RANDOLPH. I wish to reply. I
               have said  that it would  have been
               much better if the letter from Secre-
               tary Richardson had come  sooner.

-------
                STATUTES AND  LEGISLATIVE HISTORY
                               1689
  Frankly, in the matter of a confer-
ence report I am not interested  in at-
tempting to charge the administration
with being weak. I am not attempting
to charge  them with  being  weak  or
strong  on  this  subject matter. The
Senate  acted, the House  acted, and
now Congress is acting.
  It is my  feeling that that which has
gone  before—the  expression  of var-
ious viewpoints  and possibly the late
timing of the expression by the Secre-
tary—are  matters that perhaps  are
not  as  important  as  what we have
done. That is why I have  said it is a
matter of interpretation. I respect my
colleagues  in  their  discussion  of  the
matter  and I understand they have
their reasoned judgment on the mat-
ter.  I am sure other members of the
committee  and  of  the  Senate have
their feelings with respect to the situ-
ation.
  Mr. EAGLETON. I thank the Sena-
tor.
  Mr. BAKER,  Mr.  President, will
the Senator yield?
  Mr. RANDOLPH. Mr. President, I
yield to the Senator from Tennessee.
  (At this point Mr.  EAGLETON as-
sumed the  Chair.)
  Mr. BAKER.  Mr. President,  I was
a conferee  in connection with this bill.
I am a member of the  Subcommittee
on Air and Water Pollution and have
been since I came  here in 1967. I have
served with great pleasure under the
chairmanship  of  the chairman of the
subcommittee  and the  distinguished
chairman of the full committee.
  As far as I can recall, this is the
first time the purposes of an air qual-
ity  bill,  or for  that matter a  water
bill,  have been subordinated in debate
on the floor, or in committee, for polit-
ical purposes. I feel that was the case
in the colloquy  that just took place
between the Senator from Maine and
the Senator from Missouri.
  I feel the Senate passed a meaning-
ful,  worthwhile  and  strong  bill.  I
think it will contribute materially to
the business of cleaning- up air in this
country and taking care of the prob-
lem of automobile emissions. That has
been  accomplished because  Republi-
cans and  Democrats on that commit-
tee for many years have  cooperated
not only between each other but at the
staff  level.  Under  the leadership  of
our chairman on  the  full committee
and the chairman of the subcommittee
staff  members have  cooperated, and
there has also been cooperation  with
the agencies of government in  the ex-
ecutive department which, for weeks,
months, and years on end have con-
ferred almost constantly  with  staff
members on the minority side and the
majority side  as to how best to arrive
at sound conclusions. This cooperation
has been  so close  that some of these
discussions are discernible in the plat-
forms  of  both major  parties  and  in
the state of the Union message of the
President of the United States. That
is no small accomplishment for a com-
mittee or a subcommittee.
   The Senator from Maine  is to  be
commended  without restraint  for his
leadership and motivation  to the rest
of us in this  field. That makes it all
the more tedious for me to sit in this
Chamber on the eve of the adoption of
a  conference  report underscoring  a
good bill and  hear a political purpose
being served by a bill that was worth-
while,  notable, and nonpolitical,  even
under  circumstances which might un-
derstandably  have  been  suspect  of
producing a different atmosphere and
a different set of circumstances.
  If the  Senator from West Virginia
will yield for a moment more I wish to
clarify my statement.  I am referring
specifically to  the remarks,  as I under-
stood  them,  by the junior  Senator
from  Missouri to  the  effect  that the
Richardson  letter, referring  to  the
Secretary of  Health,  Education, and
Welfare, Elliot Richardson, dated No-
vember 17,  1970, and  I quote: "must

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1690
LEGAL COMPILATION—Am
be interpreted  as an attempt  on the
part of the administration to undercut
the strong Senate bill."
  Now I had not proposed to say any-
thing about the automobile  section at
this time as the Senate considered this
proposal  because I believe my  col-
leagues who were  conferees  on this
bill will recall that I  was  the only
conferee in the House  or the  Senate
who did  not agree  and specifically
voted against the first weakening of
this bill.
  I  think  my  conferee   colleagues
might  also agree  that I  have con-
tended from the  very  beginning that
Congress ought
                           [p. 42388]

to do  what we apparently  have not
chosen to do in this case, and  that is
to remove  the serious business  of de-
ciding whether or not the automobile
industry has made  a good faith effort
to comply with the bill's requirements
beyond the tender  mercies and the
political motivations of a future Con-
gress,  and, rather, vest it in the inde-
pendent judiciary to gather those facts
and resolve those conflicts and decide,
in 1976, a Presidential year, an elec-
tion year for a third o fthis body and
all of  the House of Representatives.
  The legislative department will be
called  upon  to sit as a factfinding
body to decide whether or not the au-
tomobile industry will be permitted to
continue manufacturing automobiles,
assuming it has not  fully  met this
statutory deadline.  I think it is a hor-
rible prospect. I think it would be dif-
ficult enough for the independent judi-
ciary to undertake it.
  All of that, I say again, I have sub-
ordinated to the desires of the major-
ity of  the conferees, and I felt, and I
still feel, we have  a good  bill, but I
also feel that it is  unfair to overlook
the weeks  and  months of coordination
between the members and staff of this
committee and this  administration and
               the  previous  administration,  and the
               weeks and months and even years of
               nonpartisan  cooperation  between the
               members and the staff of this commit-
               tee,  and the inspired leadership of our
               committee  chairman and our subcom-
               mittee chairman in trying to unravel
               probably the most  delicate and com-
               plex domestic problem that has con-
               fronted the country in  100 years, and
               do it in a spirit of give and take; and
               then as we get to final  passage of the
               bill, with a few Senators on the floor,
               we hear the charge that the position
               of the administration is to undercut a
               strong Senate position.
                  I  submit that is not worthy  of the
               effort that has gone into this legisla-
               tion thus far and into  previous legis-
               lation in previous sessions of the Con-
               gress.
                  Mr. RANDOLPH and Mr. COOPER
               addressed the Chair.
                  The PRESIDING OFFICER.  The
               Senator from West Virginia.
                  Mr. RANDOLPH. Mr. President, I
               wonder  if I  might complete  a very
               brief comment on the  conference  re-
               port.
                  Mr. COOPER. I wanted to comment
               on the point just made.
                  Mr. RANDOLPH. I yield to my able
               colleague from Kentucky.
                  Mr.  COOPER.  Mr.  President,  I
               know the Senator from West Virginia
               will point out the  constructive work
               the  Senate and House conference have
               done on this most important bill. But
               before he speaks, I want to respond to
               the  statements  that have been made
               that the letter from the Honorable El-
               liot  Richardson indicates that the ad-
               ministration will try to undercut this
               bill. I must say I have found nothing
               in the letter  which supports the state-
               ment. In fact, while the letter disa-
               greed with the Senate and House ver-
               sions of the bill on some points, the
               letter states  that  the  administration
               wants a strong bill. Secretary Rich-

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                    STATUTES  AND  LEGISLATIVE HISTORY
                                      1691
ardson said  this  in the closing  par-
agraph of  his letter:

  In conclusion we would like to reiterate the
Administration's strong support for the effec-
tive control   of air  pollution  by  legislation
embodying the  major  features  of the House
and Senate bills.  Accordingly, we  recommend
the enactment of such legislation,  incorporat-
ing the recommendations made  above,  during
this session of the Congress.

   Mr. President, I ask unanimous con-
sent that the entire  text of  Secretary
Richardson's letter be inserted at  this
point in the RECORD.
   There  being no  objection,  the  letter
was ordered  to be printed  in the REC-
ORD, as follows:

     DEPARTMENT OF HEALTH, EDUCATION,
                AND WELFARE

       Washington, D.C., November 17, 1970.
Hon. JENNINGS  RANDOLPH,
Chairman,  Committee on Public Workt,
U.S. Senate,
Washington,  D.C,
  DEAR MR.  CHAIRMAN: I am writing to pre-
sent the views  of the Administration  to the
conference committee  considering  the  House
and Senate  versions  of H.R. 17255,  amend-
ments  to the Clean Air Act.
  To begin with,  it is  extremely gratifying to
note that  all  of the  major  Clean Air  Act
amendments  proposed by President Nixon in
his February 10,  1970  environmental message
to the Congress are reflected  in both versions
of  the  bill.  I  refer specifically  to the Presi-
dent's  proposals regarding national air quality
standards,  State  adoption  of implementation
plans covering  the whole area of  every State,
emission standards  applicable  to  major  new
stationary  sources  of  air  pollution  and  to
hazardous   emissions   from  all    stationary
sources,  expanded  and  streamlined enforce-
ment  powers,  assembly-line testing of motor
vehicles, and regulation of fuels  and fuel addi-
tives.
  We are,  therefore, fully in  accord with the
objectives   and  the essential  features of  both
the House  and  Senate bills.  In our  judgment,
however,  both  bills  have  certain  provisions
that should be modified  in the manner  recom-
mended below.  While  this letter makes refer-
ence to the Secretary  of HEW throughout, as
do both bills,  we note that the Senate  bill has
the effect  of  vesting  these  authorities  in the
Administrator  of the  Environmental  Protec-
tion Agency,  as contemplated by  Reorganiza-
tion Plan Number 3 of 1970.
  Automobile   Emission*.  The  Senate   bill
would  require, under provisions that have  no
counterpart  in  the  House  bill,  that certain
automobile emissions  be reduced by 90 percent
from  the 1970 levels by 1975, unless the Secre-
tary  of  HEW  extends this  period  for  one
year,  which extension  would  be  subject  to
judicial review.
  The objective  of  these provisions is to  accel-
erate  substantially the  current timetable  for
controlling  automobile  emissions.  The Senate
bill does this by making effective in  1975  the
standards  administratively projected  to  take
effect no later than 1980. We fully support the
objective of  accelerated control  of  automotive
air pollution and  support the proposed estab-
lishment of  1975 as a  target date for achiev-
ing the proposed 90 percent reduction.
  Based on the  information  available to  us at
this time, we are uncertain whether the requi-
site control  technology will  be  developed  and
reduced to commercial practice on a mass-pro-
duction basis by  1975-76. This  presents  the
Federal government with  a dilemma.  On  the
one hand,  if, despite a maximum  effort,  the
necessary control  technology  cannot be  devel-
oped  and put into production,  then emissions
cannot in fact be  reduced  to the levels sought.
On the other hand,  the prospect of  repeated
deadline  extensions based simply  on the  ab-
sence  of control technology gives rise to an
understandable concern that automobile manu-
facturers  may  not press  the  development of
such technology  and its application as rapidly
as they  should  to meet  air quality require-
ments.
  The Senate bill  would resolve  this  dilemma
by providing an absolute statutory deadline of
1976,  despite the fact that the very basis  the
bill provides for   the  single  extension  from
1975 to 1976—that all  good  faith efforts have
been  made  to  meet  the standards,  but no
effective control  technology has been developed
—would  logically justify additional extensions
for a  manufacturer  on the  basis  of similar
findings.
  We believe that provision  for additional ex-
tensions  of  the deadline can be made while at
the same  time  assuring1  maximum  effort by
the manufacturers,  as  sought  by the Senate
bill.  To accomplish  this, we  suggest  that,
using the  1975  standards  as a  yardstick,  the
manufacturers'  efforts   be examined  periodi-
cally  by a  highly  competent, impartial body
outside of Government—the National Academy
of Sciences and/or the National Academy of
Engineers would be eminently qualified to play
such a role.  (We understand the conferees are
interested in using the Academies in  a  man-
ner that  may  be  related to  this  proposal.)
Such  examination  should  involve periodic  de-
terminations of the  manufacturers'  level  of
effort  and  judgment  as  to  the progress  in
developing  adequate  control  technology,   and
its application to mass  production. The results
of such examinations would keep the Congress

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1692
LEGAL  COMPILATION—AIR
and  the Secretary informed of the manufac-
turers'  efforts and progress  toward  meeting
the standards and provide the Secretary with
a  basis for  determining whether  to  grant or
deny  any extension  which  a manufacturer
might seek.  It seems to us  that such  a  proce-
dure would provide a more orderly and equally
beneficial   process  for  achieving   the results
sought by the Senate bill.
  We would  also favor two other changes in
the provisions of the  Senate bill  with respect
to automobile emission standards.  First,  there
is a  serious question  whether   the  bill,  in
fixing January  1,  1973  as the earliest time a
manufacturer could seek a  deadline extension,
gives proper recognition  to  automotive pro-
duction lead  times. Establishing  any specific
date  in  the bill  seems  unnecessary  to  us,
however,  and we recommend  that this matter
be left up to the  judgment of the Secretary.
There is  clearly a natural  regulator  at  work
here, since the earlier a  manufacturer  might
seek an extension, the  less credible would be
its claim  that it had made  a  good faith  effort
to meet the  standards.  Second, we also recom-
mend that, instead of providing for essentially
de  novo  judicial  review  of  the Secretary's
decision with regard to an extension request,
the bill should provide  for the customary more
restrictive scope of judicial review.
   Warranty  of  Automotive  Pollution  Control
Systems.  In  provisions  that  again  have  no
counterpart  of  the House bill, the Senate  bill
requires,  effective  90  days  after  appropriate
test  procedures  have been established,  that  the
automobile manufacturers  warrant that their
pollution  devices will meet prescribed  emission
standards  for 50,000 miles.
  In  testimony  before  the  Senate committee
the Administration supported the principle of
requiring  a  manufacturer's warranty of con-
trol  devices, and we continue to  support this
principle.  However, we regard the 60,000 mile
warranty  as inappropriate  and unrealistic in
the light  of  known technology and experience.
  At the  present time  neither  the  Federal
government  nor the  manufacturers have suffi-
cient or reliable knowledge as to why, in some
cases, a  particular automobile in actual  use
fails  to meet emission tests.  This being  the
case, substantial and  no  doubt

                                  [p. 42389]

lengthly  research  and  studies would have to
be undertaken before the  Secretary could, with
any  confidence,  promulgate  defensible  test pro-
cedures, which  under the bill would make  the
manufacturers liable for  the  satisfactory per-
formance  of emission devices for  50,000  miles.
Thus, the provisions  of the  Senate bill could
have the  unintended  result of actually  delay-
ing  the imposition of any warranty require-
ments  for a long period of  time. If on  the
                   other hand the Secretary were to promulgate
                   test procedures before the Government  or the
                   manufacturers  better  understand why  some
                   automobiles  fail  to  meet   emission  require-
                   ments,  manufacturers  would almost  certainly
                   price the warranty at  a level which  would
                   fully protect them from this lack of knowledge.
                   Also, the manufacturers could  understandably
                   specify   extremely stringent  maintenance  re-
                   quirements  as  condition of the warranty. Since
                   most car  owners  would  have  little  incentive
                   to comply fully with all of these requirements,
                   the  warranty would  be unenforceable  in  many
                   cases and would make  virtually no  contribution
                   to control of air pollution.
                     We favor including  a provision in the  bill
                   which would authorize the Secretary to impose
                   warranty requirements on  the manufacturers
                   as  he determines that such requirements  can
                   be  justified on  the basis of  adequate operating
                   knowledge  that  has  become  available.  Such
                   warranty  requirements  could  be  made  more
                   stringent as  more  knowledge and experience
                   in  these matters are gained,  with a  view
                   toward  progressing  to the  goal of  a  50,000
                   mile warranty requirement  on all new  auto-
                   mobiles.  We   also favor  requiring from  the
                   outset a manufacturer's warranty against de-
                   fects in material  and  workmanship.
                     State  Vehicle Emission Standards.  The Sen-
                   ate  bill,  in provisions not  contained in  the
                   House bill, would empower  States to fix spe-
                   cial emission  standards for new vehicles more
                   stringent  than  the  standards  fixed  by  this
                   legislation  if  the States could  prove to  the
                   satisfaction of the  Secretary tbat such action
                   were necessary to meet air quality  standards
                   in  regions within their jurisdiction.
                     We believe  that existing law properly pro-
                   vides for Federal preemption of emission con-
                   trol standards for new vehicles,  in recognition
                   of  the need for uniformity and the inability of
                   manufacturers to produce  different  types of
                   vehicles for a  number of  States.  In  addition,
                   as  a practical matter there  would appear to
                   be  very little  further  reduction in automobile
                   emissions available  to the  States, in view of
                   the stringent  Federal  emission standards con-
                   templated by   the  Senate  bill  for  1975.  We
                   recommend that  the present Federal preemp-
                   tion concept  be retained without  change,  and
                   that the  States attain  air quality standards by
                   the ample variety  of other  means contem-
                   plated  by the  bill—including control  of emis-
                   sions from other  than  new  cars, and, if  neces-
                   sary, traffic controls.
                     Export Vehicles. The Senate bill would elim-
                   inate  a  provision in  the existing Clean  Air
                   Act which exempts new  motor vehicles  and
                   engines manufactured  solely  for  export  end
                   sale  abroad from  applicable  emission  stand-
                   ards. The House  bill would  make no change in
                   existing law in this  regard.
                     We are unaware of  any rationale to support

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                     STATUTES  AND  LEGISLATIVE  HISTORY
                                        1693
this proposed change,  and we believe that the
considerations  which  supported  the  present
export exemption provision are still valid. The
emission  standards adopted by  a number  of
foreign  countries  on  the  basis  of  their  air
pollution  control needs probably  will continue
to  be  significantly  less   stringent  than  the
emission standards contemplated  by  the  Clean
Air Act.  American  motor  vehicles are  re-
quired,  of course,  to  comply with  applicable
foreign  emission  standards,  and  requiring
them to comply with  the  differing  American
standards could seriously  prejudice their com-
petitive position  abroad.
  Mandatory  Licensing. The  Senate bill com-
pels  holders  of   patents,  trade  secrets,  or
know-how  on  pollution   control devices  to
grant  licenses to  all  applicants for the  use
(upon  payment of  reasonable   royalties)  of
these devices, if  the  Secretary of HEW deter-
mines  that  this is  necessary to facilitate com-
pliance with air pollution standards for auto-
mobiles,  aircraft,  and  vessels, for  hazardous
facilities, or for  new stationary sources. There
are  no  comparable  provisions in the  House
bill.
  The   constitutionally-recognized  protection
which  patents afford has  been a key element
in  encouraging innovation, and  we are  seri-
ously concerned  as to  what  the ultimate ef-
fects of  this major change in  policy  might be.
In  particular,  we are uncertain  as  to  its
possible  deterrent  effects   on  the incentive  to
invent in the pollution  control field, where the
need for innovation  is  so  great. Moreover, we
are not aware of the basis for assuming that
developers of  essential  air  pollution  control
technology would refuse  to make it  available
either by license or direct  sale  to the  users.
  We recognize that this  authority is  permis-
sive, and that  the  report  of the  Senate Public
Works Committee  emphasizes  that  very  re-
strictive use should be  made of it. Despite this,
we  are not convinced  of  the  need for such  a
basic change in policy  in  light of its potential
adverse effects and in  the absence of known
abuses.  If in the future  a situation arises  in
which  a refusal  to make  technology  available
threatens to jeopardize the national  air  pollu-
tion control  effort, Congress can  then legislate
to meet the particular  problem.
  Citizen Suits.   The   Senate bill  authorizes
citizens  to  bring civil  actions against alleged
polluters  (including  governmental entities)  or
against  the Secretary of HEW to  enforce
compliance  with the requirements of the Act.
There  are  no  comparable provisions in  the
House bill.
  In authorizing citizen suits directly against
alleged  polluters,  this  provision  builds on the
trend of existing law,  and we do not object to
its  enactment.  Such  suits can   contribute  to
the effective enforcement  of air  pollution con-
trol measures.
  However, the  authorization  of citizen  suits
against  the  Secretary  to  force him  to  take
enforcement  action  in  a particular  case would
have  the  unintended  result  of reducing  the
overall  effectiveness  of our air  pollution  con-
trol  efforts by  distorting  enforcement priori-
ties that are  essential  to an effective  national
control  strategy. Therefore, we  recommend the
deletion  of that portion of  the provision au-
thorizing  suits  against the  Secretary.  This
deletion  will  not affect the right of citizens to
move directly against alleged  polluters, includ-
ing Federal agencies.
  We note that the Senate  bill contains  no
express  provisions  either  requiring bonds  to
be posted as a condition for granting  prelimi-
nary  injunctions (i.e.,  injunctions  granted be-
fore  full hearings)  or  explicitly  stating the
authority of  the  courts to fit final relief to the
equities of the case.  Adequate bonds and flexi-
bility of relief can be  very  important  in cases
of  this  type. However,  we  trust that  the
courts will exercise their existing authority to
fix preliminary injunction bonds at levels suf-
ficient to protect any defendants  later found
upon  full  hearing  to have  complied with the
Act and to frame  final orders  that fu%  take
into  account  all of  the circumstances of the
case.
  State   Implementation Plan Deadlines.  The
Senate  bill provides that within nine  months
after  promulgation  of any national  ambient
air quality standard each State  is to submit to
the Secretary for approval  an  implementation
plan  for each air  quality control region,  pro-
viding  for  the  attainment of  the standard
within three years after approval of the plan.
In addition to limited Secretarial authority for
extensions based  on new  information, provi-
sion is  made  in  the bill for judicially-granted
one-year extensions of the three-year deadline,
upon  petition of the  Governor of  the  State
concerned  (subsequent to the approval of the
implementation plan)  if the Court determines
that such  relief  is  in  the  paramount  interest
of the  U.S.   and that means  to  control the
emissions have  not been available  for a  suffi-
cient  period  of time. The  House bill  contains
no such  provisions.
  In  providing for  extensions  of this  deadline
subsequent to approval of the  implementation
plan,  the  Senate  bill  plainly  concedes  that
cases  may very  well arise where marginal  or
inadequate emission control technology would
render  it  impossible  to meet  the standard
within  the three-year  period.  Although  both
the State and the  Secretary might agree that
this is so at the time  an implementation  plan
is submitted  for  approval,  the  Senate  bill
forbids   the  Secretary  from  approving  any-
thing but a  three-year  implementation  plan,
which in due course  probably  would  be  ap-
pealed by the Governor. The  net effect of the
bill's  provisions  in  such  cases would be  to
         526-703 O - 73 - 34

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1694
LEGAL  COMPILATION—AIR
place both  the Secretary and the  State  con-
cerned in the untenable position of approving
an implementation plan they know is unrealis-
tic and  probably unworkable.
  To avoid  this type of situation  we favor an
amendment   which  would,  in  the  few  cases
where it might be necessary, permit the  Sec-
retary to extend the deadline at  the time the
State's implementation plan is being reviewed
and  approved. Such  extensions should  only be
made if the Secretary determined that  ade-
quate control technology  is  not  available and
is not likely to be available, and  he should be
required to  make public his determination and
the specific  grounds on which it rests. More-
over, once  beyond  the three-year  period  the
Secretary    should    determine    periodically
whether adequate control  technology is availa-
ble  and make  known  his  findings and  any
requisite  compliance  determinations resulting
therefrom.
  Certification  of  New  Sources.  The Senate
bill  establishes  a Federal requirement  (which
could be  delegated  to the  States)  to certify
that  all new stationary sources  of emissions
meet Federal performance standards reflecting
the  latest  available  control technology  and
processes. Such certification would involve  (a)
preconstruction review of locations  and design
of  any  new  source,  (b)  performance  tests
within a reasonable  time  after operation  com-
mences,  (c) methods to identify violations and
enforce  compliance, and  (d)  methods  to as-
sure  that   any new  source will  not  prevent
implementation of national air quality stand-
ards  or goals.  The  House bill  contains no
comparable  provisions.
  We feel  that  this certification  procedure is
overly  elaborate  and  would  impose  a heavy
and unnecessary  burden on both the  Govern-
ment and  industry.  Moreover, industry would
appear to  have  ample incentive for  precon-
struction consultation with  responsible officials
even without this special  mechanism.  We see
no  reason   why   performance   requirements
could not  be established  and enforced  in the
same manner as other emission  requirements.
If  compliance  with  performance  standards
were made  part of a  State's implementation
plan,  these  adverse  consequences would  be
avoided and there would also be the additional
benefit  of  placing  the basic enforcement re-
sponsibility  in the State, as is  generally the
case under  the Act, rather than in  the Federal
Government, as the Senate bill provides.
   While we recommend that basic enforcement
of  performance  standards  should  be in the
States, we  favor retaining the  provision  of
the  Senate  bill which allows the Secretary

                                  [p. 42390]

to  enforce   these standards  without being re-
quired  to   make  a  finding  that  a State has
                   failed  to perform adequately. We  also  would
                   favor  a similar pattern  for the enforcement
                   of  emission  standards  established  under  sec-
                   tion 114 of the  Senate bill.
                     We  can  see  merit  to  a  statutory  require-
                   ment that the  emissions from all new sources
                   would have  to  be measured  at the time  (or
                   within   a  reasonable  time  thereafter)  they
                   begin  operations,  and  we  would support the
                   retention in  the bill of provisions  to  accom-
                   plish this purpose.
                     National  Security Exemptions.  The  Senate
                   bill authorizes  the President to  exempt Fed-
                   eral  property,   facilities,  vehicles,   or  vessels
                   from applicable emission standards, whenever
                   he  determines  that  this  is  necessary  in the
                   paramount  interest of  the  United States.  The
                   bill also authorizes the Secretary of Defense to
                   defer  for  fine year,  if  necessary for the pur-
                   pose  of national security, the  applicability of
                   emission standards  to military  aircraft  and
                   vessels.  The   comparable  provision  in  the
                   House  bill, which covers only  emissions  from
                   new  stationary sources,  carries  out the  Ad-
                   ministration's  recommendations  for   exemp-
                   tions  by  the  Secretary  of  HEW when  he
                   determines  they are  necessary for the purpose
                   of  research, investigations, studies, demonstra-
                   tions, or training,  or  for reasons  of  national
                   security.
                      We would support the approach of the Sen-
                   ate bill, if  aircraft are  included   under the
                   Presidential  exemption provision,  since the
                   reasons for  authorizing  exemptions  for  all
                   other  Federal  facilities,  vehicles,  and vessels
                   are equally applicable to aircraft, particularly
                   combat aircraft.  We  also  believe  that the
                    Presidential exemption should  be  made appli-
                    cable   to  non-Federal  facilities,  since  there
                    could  conceivably be instances  where their ex-
                    emption would be as  much in the  paramount
                   interest of the  U.S., as would be  the  exemp-
                    tion of Federal facilities.
                      Hazardous Emissions.  The  Senate bill  re-
                    quires   zero  emissions from facilities  deter-
                    mined  by the  Secretary of  HEW to be  emit-
                    ting  pollutants hazardous  to  health  even  in
                    trace  amounts,  with a specified  timetable for
                    compliance and enforcement, unless the owner
                    of such facility  can  demonstrate  that contin-
                    ued  operation   (under   applicable  emission
                    standards)    will  not  endanger   the  public
                    health.  The House bill  contains no comparable
                    provisions.
                      Of  course,  hazardous  emissions  should  be
                    effectively and quickly controlled, as was rec-
                    ognized in  the Administration's bill. Because
                    the Senate bill in Section 114 gives the Secre-
                    tary general authority to  set  emission  stand-
                    ards,  down to  zero levels, for all facilities, we
                    think  the Secretary should have the flexibility
                    to deal with  hazardous emissions on a priority
                    basis  within this general  authority.  In  fact,
                    the Secretary  could move  more  swiftly and

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                     STATUTES  AND  LEGISLATIVE  HISTORY
                                       1695
equally effectively  under such  general  author-
ity, in Sections 114 and 116 of the Senate bill,
than  he would be  able  to under  the special
hazardous  emission  control  procedures  con-
tained in Section 115.  Accordingly,  we recom-
mend  deletion of  Section  115  of  the Senate
bill,  and  any  necessary  modifications  of  Sec-
tion 114 to fully  cover hazardous emissions.
  Low  Emission  Vehicle   Procurement.  The
Senate bill  requires  the Federal Government,
in provisions  not contained in the House bill,
to  procure  vehicles  determined  to be  "low
emission", and authorizes  premium  prices  to
be paid for  such vehicles.
  These provisions were contained in  a  sepa-
rate bill  added by amendment on the Senate
floor. We had  recommended a number of mod-
ifications in these provisions  in comments  on
both that separate  bill and a comparable  bill
in the House. We  continue to  support  these
changes,  and  particularly  feel  that  there
should  be  discretion   in  the  President  with
respect to  procurement  of  these  vehicles  in
order  to assure  realistic   accommodation  to
budgetary priorities and the  special vehicular
needs  of the  Government,  and  to permit or-
derly  procurement should  there  be a  number
of "low emission" vehicles to select from.
  Fuels  and  Fuel Additives.   The  House  bill
contains a number of restrictive provisions  on
the authority  to  fix standards respecting  the
composition  of  fuels  or  fuel  additives.  For
example,  standards on fuels and fuel additives
could  be fixed under this authority only if the
Secretary could show that  it is  not otherwise
technologically  or  economically feasible   to
achieve  automobile emission   standards.  The
Senate does not contain similar restrictions.
  The Administration  recommended broad  au-
thority to  regulate  fuel  and  fuel  additives,
because it  believed  that  such  authority,  in
conjunction with controls  over  sources  using
such fuels,  is necessary in order to mount the
most effective overall attack on air pollution.
We  recommend,  therefore, that these  provi-
sions be modified to conform with  the  Admin-
istration's air pollution bill, the essential  pro-
visions of which on this matter are incorpo-
rated in the Senate bill.
  Also in  connection  with fuels,  we would
recommend  that authority over  aviation fuels
and  additives  be lodged in the Secretary  of
HEW,  who  will  have  jurisdiction  over   all
other  fuels  and additives,  rather  than being
placed  in  the Administrator  of the  Federal
Aviation  Administration,  as  the  House  bill
provides.
  Personnel.  Two troublesome  provisions  of
the  Senate  bill,  relating   to  personnel  who
would  be authorized to participate in  carrying
out the Act's  requirements, raise serious  pre-
cedential  and administrative problems  and we
urge  their  deletion. There  are no comparable
provisions in  the House bill.
  Section 10 of the  Senate bill would  author-
ize  a sweeping exemption from the customary
Civil  Service appointment and  classification
laws,  as  they  relate to the  procurement  of
personal  services  to carry  out the  Act's  re-
quirements.  We   believe  that  the  personnel
needs of the air  pollution  control  program,
like  similar needs  in  other  urgent  Federal
programs, can  be met within  the  Civil Service
framework.  In  addition to  creating  a moat
undesirable  precedent,  this   provision  would
constitute  a marked departure from a long-
standing  Federal  policy  against the perform-
ance  of  clearly  governmental  functions  by
non-governmental personnel,  which is  of par-
ticular  concern in  this  instance  due  to  the
important regulatory and enforcement actions
to which such work could give  rise.
  The Senate bill provides  in various sections,
but most notably in proposed Section  305  of
the Act, that attorneys appointed  by the  Sec-
retary would be  authorized  to represent  him
in suits brought by  or against the  Government
under  the Act's  provisions. Such authority is
at odds  with long-standing Federal  policy  of
this  and prior Administrations of placing liti-
gating authority  in  the Attorney  General,  to
be  exercised as  he  deems  appropriate. This
policy derives  from  the sound administrative
practice   of  relying  on  the  Justice Depart-
ment's  established   legal  expertise   and  re-
sources, rather than  promoting the duplication
of such expertise  and resources in each of  the
Federal  departments and agencies. We favor
deleting  Section 305  (as well as making com-
parable  conforming  changes  in  other  provi-
sions of the bill), the  result  of which would
be that  in actions  instituted  under  this Act,
officers  of  the  Department  of Justice under
the direction of   the Attorney  General would
appear for and represent the United States or
any  officer or agency  thereof, including  the
Secretary.
  Procedural and Technical  Changes.  We  be-
lieve  that there   are a  number of  places  in
both  the  Senate  and  House  bills  where
changes  in procedural and  technical provisions
would avoid unintended  results and materially
improve  the legislation. We would like to fur-
nish such  changes to the conferees informally
along with the revisions needed to  carry  out
the amendments  recommended in this letter.
In view of the sweeping and widespread impli-
cations  of this bill, and in order to avoid,  to
the  greatest  extent possible, litigation  that
could slow down  its implementation,  we  be-
lieve  you  will  agree that  its  complex provi-
sions need to be drafted with  the  greatest
possible care and  precision.
  In conclusion, we would like to  reiterate  the
Administration's  strong  support for  the effec-
tive  control of   air  pollution  by  legislation
embodying  the  major  features of the House
and  Senate bills.  Accordingly, we recommend

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1696
LEGAL COMPILATION—AIR
the enactment of such legislation,  incorporat-
ing the reccrnmendations made above, during
this session of the Congress.
  The Office  of Management and  Budget ad-
vises   that enactment  of  H.R.   1725B,  if
amended as recommended in this letter, would
be in accord  with the program of the Presi-
dent.
     Sincerely,
                ELLIOT RICHARDSON,
                           Secretary-

  Mr. COOPER. Mr. President, Elliot
Richardson  is a  man of quality  and
integrity. He would  not make  state-
ments to the Senate and to the Senate
Public Works Committee which were
in contradiction  to  his deeply held
views.
  The administration has made, from
time  to time, recommendations relat-
ing to the  whole field of the environ-
ment and   particularly on  pollution
control.  It  has  responded  more  to
these problems than any administra-
tion we have known.
  I  have always, and  do  now,  pay
tribute to the chairman of the subcom-
mittee,  whose leadership in  this field
is known not only to Congress  but to
the country. I pay tribute to the chair-
man of the Public Works Committee. I
have served on this committee,  I sup-
pose, longer than anyone else on the
committee.  I  served 2  years  in the
Senate in 1947 and 1948, and I was on
that committee. We passed in 1948 the
first  pollution  control  bill.  It  was
small in scope,  but a  good  one,  and
was   sponsored  by  the late  Senator
Robert Taft of Ohio and the late Sen-
ator  Alben Barkley of my  State of
Kentucky.
  We have  been fortunate that  Demo-
crats and Republicans have served to-
gether under fine leadership. We have
laid  aside  political matters.  We have
worked openly and honestly with each
other. For that I am thankful, and I
am sure that the Senate is  thankful.
But, in my opinion, I must say I think
it is unfortunate  to interject political
views as we come to the point  of ap-
proving what has been termed  as the
               most complex, and one that will per-
               haps have greater significance and im-
               pact than any bill in this century. So I
               regret  that  those speculations have
               been made. I hope we will continue to
               go  forward and  work as we have  in
               the past.
                 Mr. MUSKIE. Mr. President, will
               the Senator yield?
                 Mr. RANDOLPH. I yield.
                 Mr.  MUSKIE.  Mr.  President,  I
               made the statement earlier that I was
               disturbed by the  Elliot Richardson let-
               ter, and I was. But I concede that  to
               discuss it, in connection with this con-
               ference report is unfortunate.  What-
               ever opinions we had about it we could
               discuss elsewhere, and we could dis-
               cuss them as  we wished. I wish the
               issue had not arisen most of

                                          [p. 42391]

               all  because the Republican side of this
               subcommittee and this committee has
               cooperated so  wholeheartedly over  so
               many years in the development of this
               legislation.  I  refer  to  the  Senator
               from  Kentucky, the  Senator  from
               Tennessee,  the  Senator  from  Dela-
               ware,  the Senator from  Florida, and
               the  Senator from Kansas.  There has
               never  been the slightest  bit of parti-
               sanship in any of our  committee delib-
               erations  or  in our conference work
               with each other over a period of some
               7 or 8 years now. I want to underscore
               what my good friends from the Re-
               publican side  of  the aisle have said  on
               that point this afternoon.
                 I want to  say to them that I  do
               regret that this  argument has arisen
               this afternoon. I hope we will proceed
               now to dispose of the conference re-
               port.
                 I know the Senator from West Vir-
               ginia desires to put some questions to
               me.
                 Mr. RANDOLPH. Yes; I do wish to
               do  that.
                 Before doing so, I repeat that this
               legislation  represents a  significant

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                STATUTES AND  LEGISLATIVE  HISTORY
                               1697
achievement  in the evolution  of our
national environmental policy—an ev-
olution  which  has been  carried for-
ward, in great degrees, by the leader-
ship of  the Senator from Maine  (Mr.
MUSKIE) . I think that we have to in-
sure the protection of the health  of
the citizens  of this  Nation,  and we
have to protect against environmental
insults—for  when  the  health  of the
Nation  is endangered, so is our wel-
fare, and so  is our economic prosper-
ity.
  I think that the emphasis  here  on
the health benefits that will follow
when implementation  of the  bill be-
comes law is  very important.
  I now ask the distinguished chair-
man of our subcommittee whether it is
not a fact that,  when we have  dealt
with previous legislation, we have con-
centrated primarily on the  immediate
problems of  air pollution control and
the environment, and  it seems to me
now that we are providing additional
enforcement  for those existing sources
of  air  pollution, but,  more  signifi-
cantly,  we   are   providing effective
means of prevention of future air pol-
lution problems.
  Is that the feeling and the under-
standing? I believe the  record should
reflect it.
  Mr. MUSKIE. Yes; I think that to
a greater extent  than we might  have
in past legislation, we are undertak-
ing to deal with the long-term aspects
as  well as  the short term. I would
agree with that.
  Mr. RANDOLPH. And provision is
made for performance standards for
new stationary sources,  to  make sure
that no industrial development will
degrade the quality of the air so  as to
endanger public  health  and welfare,
or interfere with and restrain further
economic growth. I know at times  on
the subcommittee and on the  commit-
tee we have  talked about the  econom-
ics  of this legislation as well as the
health  standards of the  legislation,
and I know that  the  Senator  from
Maine has been one of those who have
recognized that this legislation is both
an economic measure and an air pollu-
tion measure.
  I believe that is  correct; may I  in-
quire whether the Senator shares that
view?
  Mr.  MUSKIE. The  Senator is cor-
rect. It undoubtedly will have  an eco-
nomic  impact all across this country.
  Mr.  RANDOLPH. Yes,  it will, and
it will  be costly. And yet the ugly face
of pollution must be erased.
  The  implementation of  the  policies
that are  contained in this measure
will test  the determination  in this
country to achieve a livable environ-
ment,  not only for ourselves  but for
future generations. In turn, the legis-
lation  will test the willingness of the
citizens—not just the various levels of
government,  but the  citizens   of this
country—to   control, abate, and pre-
vent environmental pollution.  And I
wish to compliment the Senator  from
Maine that, in his  addresses through-
out the country, in  his presentation of
these  problems  before audiences  on
college campuses  and  elsewhere,  he
has  emphasized the personal  obliga-
tion which must be recognized—a re-
birth,  I should  say, of responsibility
on the part of the individual citizen of
this country.
  Is that the feeling  of  the  Senator
from Maine?
  Mr.  MUSKIE.  Completely,  may I
say to the Senator. We cannot clean
up  the pollution problem with  a piece
of legislation. There has to be  commit-
ment to it by every citizen, not only
with respect to the activities of others,
but with respect to each  citizen him-
self, to deal with this problem.
  Mr.  RANDOLPH. Yes. I appreciate
the Senator's attitude.
  I conclude by saying that ultimately
each and  every person will be called
on to pay the increased costs—and we
must not forget it—associated  with

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1698
LEGAL COMPILATION—AIR
the achievement of an  environment
that,  at a minimum, does not endan-
ger public health, for, frankly,  if we
do endanger public health, we shall
have   degraded   the   environment.
Effective implementation will  require
a major  commitment, as the Senator
from  Maine has said, of Government
and of industry, of course, but also—•
and I appreciate his stressing its im-
portance, as I have—of each individ-
ual citizen.
  I am pleased that the House confer-
ees have  made  an authorization of
$1.1 billion for fiscal years 1971 and
1972.  These figures represent the mag-
nitude of the commitment that will be
necessary to meet the challenge that is
ahead. The next step must be to pro-
vide Federal staffing—and I think this
is   most   important—commensurate
with  the effective  implementation of
what  we are  doing today.  We must
not allow understaffing—the Senator
from  Maine has discussed this matter
in our subcommitee and  our commit-
tee, and  in  conference—of  this Fed-
eral program, because if that happens,
it  will be a major interference with
the implementation of the National
Air Quality  Standards Act of 1970, as
was the case, very frankly, in  connec-
tion with the Air Quality Act of 1967.
  I  commend  all  those  who  have
worked within the  conference  and all
those  who have worked within the
House of  Representatives and the
Senate, and especially I commend the
chairman  of the  conference,  Repre-
sentative HARLEY 0. STAGGERS,  who
was a strong advocate, a fair negotia-
tor, and a patient chairman.  I com-
mend also the very able chairman of
the Senate conferees, my friend,  Sena-
tor MUSKIE, and all the members of
the Committee on Public Works and
their  staff, both majority and minor-
ity, who have put so many long hours
into a bipartisan effort to bring forth
what  will be the most  effective pollu-
               tion control legislation yet enacted by
               the Congress.
                  Mr.  SPONG.  Mr.  President,  the
               conference report before the Senate,
               when fully implemented, will assure
               an accelerated rate of progress in our
               national effort  to  improve the quality
               of our air environment.
                  The  Senate  conferees  acceded  to
               several modifications in  the  bill ap-
               proved  unanimously by the Senate on
               September 22, 1970, but the final prod-
               uct is  an  effective  and  far-reaching
               environmental protection measure.
                  The conference  report would estab-
               lish as  1975  standards the automobile
               emission goals previously  proposed for
               1980  for carbon monoxide and hydro-
               carbons. We have  accelerated  by  1
               year  the date on which automobile
               manufacturers  may  seek  an extension
               of that deadline. By allowing  such ap-
               plications to be  filed on January 1,
               1972, we have taken into  fuller ac-
               count the leadtime problems of the au-
               tomobile industry.
                  The  report also would enable the
               Administrator  of the Environmental
               Protection  Agency   to   set  interim
               standards  in the event he finds  tech-
               nology  is not  available  to meet the
               standard provided by law.  The Ad-
               ministrator,  in making a decision  on
               interim  standards,  would  have  the
               benefit  of  reports from  the National
               Academy of  Sciences on  the  progress
               that  has been  made in  the  develop-
               ment of technology  and knowledge of
               the good-faith effort of the industry to
               meet  the 1975 deadline.
                  The report sets a  deadline of  1976
               for meeting the standard  for oxides of
               nitrogen, with  provision for  a 1-year
               extension. Automakers could apply for
               that extension on January 1, 1973.
                  The  thrust of  the section of the
               Senate  bill  requiring the establish-
               ment of national  emission standards
               for hazardous  substances  has  been
               changed. The Senate measure  required
               the publication of a proposed prohibi-

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                STATUTES AND  LEGISLATIVE HISTORY
                               1699
tion of emissions of hazardous sub-
stances.  The  conference  report  re-
quires the Administrator of the Envi-
ronmental Protection Agency to pub-
lish a list of  pollutants which in his
judgment is extremely  hazardous to
public health. He would subsequently
publish proposed regulations estab-
lishing emission standards. The modi-
fied provision requires  the Adminis-
trator to "establish any such standard
at the level which in his judgment pro-
vides  an ample margin of safety to
protect the  public health  from  such
extreme hazard."
   The conference report retains con-
current   Federal-State  jurisdiction
over  enforcement activities,  although
the final product is  a combination of
the Senate  and  House  approaches to
the matter.  We  agreed that in situa-
tions  where a State has primary en-
forcement responsibility, the Adminis-
trator of EPA  would be required to
give the State 30 days notice before
issuing an order or  seeking court ac-
tion. The Administrator may act with-
out notice to the State  in cases where

                           [p. 42392]

the Federal Government has  primary
enforcement responsibility.
  Both bills provided  for the  estab-
lishment at the  Federal level of na-
tional ambient air quality standards,
and that concept is of  course in the
conference   report.   Implementation
plans to  be  prepared by the States to
meet  the standards  must provide for
achieving  the  standards  within  3
years. Again,  there are provisions for
an extension in the event technology is
not available.
  I wish to  emphasize,  Mr.  President,
that  the implementation plans to be
prepared by the  States to meet the
primary  national air  quality stand-
ards  must include provision for land
use and transportation controls. In my
judgment,   the  term   transportation
controls is not restricted to motor ve-
hicles. For some areas, the implemen-
tation plans may well specify a limita-
tion upon the number of civil aircraft
which may land at any airport within
such  areas. Such restrictions may be
necessary  in  certain  metropolitan
areas in order to meet the ambient air
quality standards.
  The conference  substitute retains
the Senate provision for citizen  suits
against   violators,   although   suits
against the Administrator of the En-
vironmental  Protection Agency  are
limited to actions in which there  is an
alleged  failure by  the  Administrator
to perform mandatory duties imposed
by the statute. Before  a suit can be
brought, 60-day notice  must be given
to the alleged  violator, the Adminis-
trator and the State.  The  courts are
given   discretionary   authority  to
award costs, including  reasonable at-
torney and witness  fees, to  any party.
  Mr. President,  I  understand  the
purpose of that section of  the report
which establishes a  mechanism for the
licensing of patents to those subject to
emission standards to be set under the
legislation. It is our intent to provide
an assured supply of technology to all
needing it to comply with  the stand-
ards.
  After  reflecting  upon the  implica-
tions  of the section,  I would have pre-
ferred that the issues involved be re-
viewed by the Judiciary Subcommittee
on Patents,  Trademarks,  and Copy-
rights. However, the conference report
language on the matter is an improve-
ment  over the  provisions in the  Sen-
ate-passed bill. The section will not
become  generally   operative  for  at
least  2 years,  and  in  the interim I
would hope that the  issues involved
will be the subject of hearings  and
review.
  Mr. President, the conference  com-
mittee has devoted many hours of ar-
duous work on  its  report. It has  been
a rewarding personal experience be-
cause of the dedication of those in-

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1700
LEGAL COMPILATION—AIR
volved to see the objective of protect-
ing the public health. I wish to thank
and  commend the Senator from West
Virginia  (Mr.  RANDOLPH)  and  the
Senator  from Maine  (Mr.  MUSKIE),
the  distinguished  chairmen  of  our
committee and subcommittee, for their
leadership during the development of
this  legislation.  I  also  wish  to  pay
tribute to the invaluable contributions
of the  Senator  from Missouri (Mr.
EAGLETON), the  Senator from  Dela-
ware (Mr. BOGGS), the  Senator from
Kentucky (Mr. COOPER), and the Sen-
ator from Tennessee  (Mr. BAKER).
  Mr. President, I wish to echo what
has been said about the bipartisan ap-
proach to this legislation.  As  a mem-
ber of the subcommittee and as a con-
feree, I  can attest that  Senators  on
both  sides of the  aisle  have  partici-
pated on a nonpartisan basis.
  I  should  like  to  ask  the  Senator
from Maine to  answer  one question.
Section 110 of the conference report
requires the development of implemen-
tation plans by the  various   States,
and  the approval of such plans by the
Administrator.   Paragraphs  2   and
2(B) of the section, governing those
plans, read as follows:
  (2)  The Administrator shall, within  four
months after the date  required for submission
of a  plan under paragraph  (1), approve or
disapprove such plan or  each portion thereof.
The Administrator shall approve such plan, or
any portion thereof, if he determines that it
was adopted after reasonable notice and hear-
ing and that—
  (B) it  includes emission limitations, sched-
ules,  and timetables  for compliance with  such
limitations, and such other measures as  may
be necessary to insure  attainment  and mainte-
nance of such primary or secondary standard,
including, but  not  limited to, land-use  and
transportation controls;

  I should like to know if, in the opin-
ion  of the  Senator  from Maine,  the
term "transportation controls" is lim-
ited  to motor vehicles.
  Mr. MUSKIE. No; I think that that
phrase ought to be considered in  a
much broader context,  if  we  are to
                fully  understand what  the  intent  of
                the legislation is.
                  It  seemed to  the  committee  that
                transportation  policies must be devel-
                oped  or  improved  to  insure that the
                impact of  pollution from  all existing
                moving  sources—automobiles,   air-
                craft, trains, vessels, and so on—is re-
                duced to  the minimum compatible with
                the needs of each region.
                  For example, construction of urban
                highways  and  freeways may be re-
                quired to take second place to  rapid
                transit and other  public  transporta-
                tion systems. The  use of  motor vehi-
                cles may have to be restricted and,  in
                some  congested  areas, the number  of
                operations  of aircraft into an airport
                may need to be limited, or steps  taken
                to reduce emissions while aircraft are
                on the ground.
                  If  such  controls are required, the
                committee  believes  the plan for imple-
                mentation  should   so  provide. If the
                plan  is  approved,  Congress  expects
                the  Federal regulatory agencies  to
                take  the steps necessary to assure
                compliance  with  the  plan; because
                what  is  involved   in these  greater
                urban areas, from  the  standpoint  of
                air pollution, is the whole complex  of
                residential patterns, employment pat-
                terns,  and transportation patterns—
                the way  in which  people move about,
                go  to their work, and live—and  all  of
                this ought to be subject to modinr.
                tion,  and  must be modified if the
                objective of clean air is to be achieved.
                  Mr. SPONG. I  thank the Senator
                from  Maine.
                  Mr. MUSKIE.  Mr.  President,  I
                yield  to the Senator from Delaware.
                  Mr. BOGGS. Mr. President, I thank
                the distinguished chairman.
                  I wish to express strong support for
                the conference report on these amend-
                ments to the Clean Air  Act. This bill,
                I think,  is the most far-reaching and
                important  legislation for the control
                of air pollution ever to be considered
                by  the Congress.

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                STATUTES AND  LEGISLATIVE HISTORY
                               1701
  In  time,  it will  bring our  Nation
clean air and a healthier environment.
  It should be pointed out that  this
bill follows closely the concepts  cre-
ated in the legislation passed in Sep-
tember by  the Senate. Further, it ad-
heres in many details to the concepts
and  recommendations offered  by the
administration as  long ago  as  last
February.
  Mr. President,  I share the thoughts
of the distinguished  chairman of the
subcommittee—I  know  how   sincere
and  dedicated he is—when he  stated
that he regrets the  partisan nature of
the discussion  of Secretary Richard-
son's letter. I share  his feelings. I, too,
am sorry that occurred. The chairman
has pointed out,  as have others, that
we  have maintained an absolutely bi-
partisan approach  on  environmental
questions,  certainly a major problem
confronting our country. I have every
confidence  that it will continue to op-
erate in a  bipartisan manner.  There-
fore, I stand with the chairman of my
subcommittee  in  regretting  that the
incident occurred.
  In conclusion, Mr. President, I com-
mend the  leadership  and cooperation
offered by  the distinguished chairman
of the Committee  on Public  Works,
Mr. RANDOLPH, the distinguished Sen-
ator from  Maine (Mr. MUSKIE), the
distinguished   ranking   Republican
member of  the committee, Mr. COOPER,
the distinguished Senator from Ten-
nessee (Mr. BAKER),  and the distin-
guished  Senator  from Kansas  (Mr.
DOLE) .  Each has been most coopera-
tive  and helpful  in studying  a very
difficult and complex subject. This leg-
islation is  going  to involve not only
the  Federal Government  but  every
other level  of government—the States,
the cities,   the counties—as well as
public and private organizations. In
actuality,  it will affect  and  benefit
every individual in our country.
  In addition, I wish to commend Rep-
resentative STAGGERS of  West Vir-
ginia, the chairman of the House com-
mittee, and the other conferees on the
part of the House.  And I  thank the
staffs of both the committees and the
Members  for their  excellent assist-
ance.
  The conference was long and pains-
taking.  It has produced a conference
report that I believe will bring to the
Nation  effective control of air  pollu-
tion. This bill is a credit to the coun-
try.  I strongly commend it to my col-
leagues.
  Mr. MUSKJE. I thank the  Senator.
  I yield to the  distinguished Senator
from Rhode Island.
  Mr.  PASTORE.  Mr. President,  I
commend my distinguished colleagues,
the Senate conferees, for the compro-
mise legislative product which is now
before us.
  I would have liked to have had more
opportunity to review the House-Sen-
ate conference report and all the de-
tails of these very important amend-
ments to the  Clean Air Act, but I rec-
ognize that expedition is mandatory if
we are to deal with the major items of
legislation  still  before the  Senate at
this  session.
                           [p. 42393]

  I did  take the time to study the bill
carefully  to  ascertain that the new
amendments to the Clean Air Act will
not interfere with or change the pres-
ent  statutory framework and imple-
menting regulations  for  controlling
radiological effluents from nuclear fa-
cilities.  The new Environmental Pro-
tection  Agency  and  the Atomic  En-
ergy  Commission now have certain
authorities and responsibilities with re-
spect to such matters as radiation
protection standards or the regulation
and  control   of   radiological  effects
from nuclear facilities.  Under  our
present statutes we have very  excel-
lently safeguarded health  and safety
in regard to  the  use and regulatory
control of nuclear facilities, and in my

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1702
LEGAL COMPILATION—AIR
judgment it would have been unwise
and potentially dangerous for a gener-
ally  comprehensive  legislative meas-
ure such as the one before us to dilute
or interfere with our presently  gov-
erning requirements.
  I again  want  to congratulate  my
distinguished colleagues  for bringing
about  this compromise,  for doing  a
splendid job, and for  rendering  such
an excellent public service.
  Mr.  MUSKIE.  I  thank the  Senator
from Rhode Island. He has accurately
stated  the effect  of  the bill  on  the
point  he has raised. I am  happy to
endorse his view of it.
  I yield to  the  Senator from Ken-
tucky.
  Mr.  COOPER.  Mr. President, today
the Senate members of the Conference
Committee on the Clean Air  Amend-
ments  of 1970 bring back for final ac-
tion a bill which has been described as
perhaps the most significant domestic
legislation  of  the decade. The action
today represents  the culmination of a
thorough exercise  of  the  legislative
process, beginning with  20 days of
hearings  in  the  subcommittee,   fol-
lowed by more  than a  dozen executive
sessions of the  subcommittee,  more
than 10 executive sessions of  the  full
committee, 2 days of debate on  the
Senate floor in  September and, finally,
12  conference   meetings   with   the
House in order to bring to the  Con-
gress this conference report.
  I would  like to note for the RECORD
that the number of conference meet-
ings with  the  House  was in  no way
related to any attempt or desire to
obstruct or delay on the part of  any
Member of the Senate or the House
conferees.  Rather, it  simply reflects
the degree of the differences  between
the House and  Senate  bill and  the
great  scope of the legislation. Every
Member had the same objective,  and
the conference report  before the Sen-
ate is  truly a  historically  significant
bill.
                 Great  credit is  due to the cochair-
               man of  the  conference  committee of
               both Houses, Representative STAGGERS
               of West Virginia and Senator MUSKIB.
               Of course, special  credit  is due to Sen-
               ator RANDOLPH, chairman of the Sen-
               ate Committee on Public Works,  and
               to Senator BOGGS, the ranking minor-
               ity  member  of the subcommittee on
               Air and  Water Pollution. But I would
               like  to add that this  conference  was
               very  well attended by  all  Members
               and  I am especially proud that Sena-
               tor BAKER and Senator DOLE on the
               minority  side contributed  so much in
               the development of this conference re-
               port.
                 The staffs of both committees  also
               deserve special credit, for not only has
               the work been difficult and heavy with
               responsibility, but also, the parliamen-
               tary  situation  has  compressed  the
               time  available  and  they  have  per-
               formed magnificently. Their work  was
               most helpful, and  I think their names
               should be placed in the RECORD.
                 It would be difficult  to  single  out
               any  provision  in this bill for special
               attention. I think  it represents  a  firm
               application of pollution  control proce-
               dures, while at the same time being
               just  and  incorporating  throughout,
               due process and fairness. The bill  pro-
               vides many procedural protections and
               involves  the judicial branch of Gov-
               ernment to a degree never before at-
               tempted  in programs to achieve envi-
               ronmental quality.
                 The bill will place great responsibil-
               ities on nearly every aspect  in our so-
               ciety. It certainly will place great bur-
               dens on  industry, it will  place great
               burdens  on Government, both  at the
               State  and Federal level,  and it  will
               place great burdens on the people  gen-
               erally for they will ultimately have to
               bear  the expense  and,  for  the  first
               time,  possibly  experience  inconven-
               ence so  that we might  achieve clean
               and  healthful air. The provisions ask
               for the highest quality of Government

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                STATUTES AND LEGISLATIVE  HISTORY
                               1703
activity, and I am pleased that the bill
will become law nearly coincident with
the establishment by the President of
the Environmental Protection Agency.
The administration of that agency is
entrusted to Mr. Ruckelshaus, who I
believe is an excellent choice to control
the exercise of the many  duties and
responsibilities of the Federal Govern-
ment under this law.
  With the passage  of  this bill the
time for resolute  action has come, ac-
tion that must not be based on recrim-
ination  or  punishment, but based  on
the fair application of the law. The
burdens are great and  I trust that the
Federal  Government,  State  govern-
ment, industry, and the people will  all
work together to achieve this goal.
  Mr. MUSKIE. I thank the Senator.
As  he has  said,  the  staff  work has
been superlative  throughout the con-
sideration of this measure.
  In addition  to the work  of commit-
tee,  Chief  Clerk  Richard Royce, Mi-
nority  Clerk Bailey Guard, and Coun-
sel  Barry Meyer, the staff  of the sub-
committee  including  Leon  Billings,
Dick Wilson, Dick Grundy, Phil Cum-
mings,  Becky  Beauregard,  Frankie
Williams, Sally White, Eleanor Putz,
and the minority staff including  Tom
Jorling,  Harold   Brayman,  Adrien
Waller,  Hester   Dungan,  and  Ann
Brown are to be congratulated.
  Several staff members of  Senators
were also essential in the development
of this legislation including Eliot Cut-
ler  of my staff, Allen  Jones  of Sena-
tor  SPONG'S  staff,  Bob  Maynard  of
Senator EAGLETON'S staff, Jim Jordan
of Senator BAKER'S  staff,  and Ward
White of Senator DOLE'S staff.
  Mr. BOGGS. I  share your views of
the staff and their performance. It has
been terrific.
  Mr.  MUSKIE.  Mr. President,  I
yield  to  the  distinguished  Senator
from Wisconsin.
  Mr. NELSON. Mr. President, I con-
cur in the remarks made by the distin-
guished Senator from Kentucky.
  My staff  and I have had occasion
from time to time to consult and work
with members of the staff of the Air
and  Water Pollution Subcommittee.
They are all superbly able and cooper-
ative and are  making a great  contri-
bution  to the environmental  problems
presented to that subcommittee.
  I did not  know that the conference
report  was  going to  be  brought up
today,  so I  did  not have  an opportu-
nity to prepare  any  remarks.  How-
ever, I do wish to  say that  the com-
mittee  members on both sides  of the
aisle are to be commended for coming
up with such a landmark piece of leg-
islation.
  I particularly want to say that this
bill is a great  credit to Senator Mus-
KIE, whose record in terms of his con-
cern, his activities, and his construc-
tive efforts in  the environmental field
are unexcelled by anyone  else in pub-
lic life. Today we  see before us an-
other solid environmental achievement
from Senator MUSKIE and a landmark
piece of legislation. I join  all  those
who  are concerned about the environ-
ment in commending him  for his tre-
mendous contribution.
  Mr.  MUSKIE. I thank the  distin-
guished Senator from Wisconsin. My
greatest  regret  in  the work of this
committee was that the Senator from
Wisconsin left  the  committee several
years ago. Yet, he has not abandoned
his interest in this field. Indeed, he
has continued to be a leader nationally
in all  environmental questions. It  is
always helpful to have his close inter-
est and attention—and even prodding
from time to time—to help us  in our
work.
  Mr. DOLE. Mr. President, I join my
colleagues in urging  approval  of the
conference  report on  the Clean Air
Amendments of 1970.
  We are all familiar with the need to
prevent the further  deterioration of

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1704
LEGAL COMPILATION—AIR
our air.  Early  this year, President
Nixon devoted a major portion of his
environmental message to the problem
of air pollution.
  The  need  was  clear,  and  in re-
sponse, the Subcommittee on Air and
Water Pollution and the full Public
Works Committee carefully considered
and reported out a bill we felt would
contribute to preserving  and protect-
ing  our  environment.   Amendments
were  accepted on  the  Senate  floor
which improved that bill. But the leg-
islation  we have before us today com-
bines  the best elements of the  House
and Senate bills.
  Everyone will not be completely sat-
isfied  with the final version  of H.R.
17255, but it represents  our  best ef-
forts to act with the knowledge avail-
able to us at this time in an affirma-
tive  but constructive  manner.  It  is
possible that  we will face unantici-
pated problems in the future, but the
Congress will have the opportunity  to
review the Clean Air Act upon  its ex-
piration.
  I would point out that the passage
of this act does not mean we will elim-
inate air pollution overnight. It would
be impossible to  physically accomplish
that fact. But it does mean we have
taken a
                          [p. 42394]

substantial first step. It  is now up  to
government at all levels, private in-
dustry, and every individual American
to make this act work.
  I commend my colleagues  on the
subcommittee  and the full committee
for their  long but fruitful work  on
this  important legislation, and urge
approval of the conference report.
  The PRESIDING  OFFICER. The
question is on agreeing to the confer-
ence report.
  The report was agreed to.

                          [p. 42395]
               CONFERENCE  REPORT  ON H.R.
                 17255,  CLEAN  AIR   AMEND-
                 MENTS OF 1970

                 Mr.  STAGGERS.  Mr. Speaker,  I
               call  up the conference  report on  the
               bill  (H.R. 17255) to amend  the  Clean
               Air  Act to provide for a more  effec-
               tive  program to  improve the quality
               of the  Nation's air and ask unanimous
               consent  that the  statement  of  the
               managers on the part of the House be
               read in lieu of the report.
                 The  Clerk  read the title of the bill.
                 The  SPEAKER. Is there objection
               to the  request of the gentleman from
               West Virginia?
                 There was no objection.
                 The  Clerk  read the statement.
                  (For  conference report and  state-
               ment, see proceedings of the House of
               December 17, 1970.)
                 Mr.   STAGGERS.  Mr. Speaker,  I
               yield myself  such time  as I may con-
               sume.
                 The  SPEAKER  pro  tempore (Mr.
               ALBERT). The  gentleman from  West
               Virginia is recognized.
                 Mr.   STAGGERS.  Mr. Speaker,  I
               am gratified  to bring to the House the
               conference report  on the Clean  Air
               Act  Amendments of 1970. I am  proud
               to say  to the House that the confer-
               ence report embodies clean air legisla-
               tion which is stronger than the bills
               passed by either House.
                 I  say  this because  the  conferees
               after numerous and arduous working
               sessions have worked out a bill  which
               promises to give to the  American peo-
               ple  clean air to breathe within  the
               shortest feasible time.
                  The conferees have been  guided by
               two  principles: to do what  is feasible
               and  to do what is reasonable.
                  The bill passed  by the  other body
               incorporated  many provisions  which
               had not been included in the  bill as
               passed by the House. The House con-
               ferees  scrutinized  carefully each of
               these provisions and applied to them

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                STATUTES AND  LEGISLATIVE  HISTORY
                               1705
the test of reasonableness  and feasi-
bleness.  On  the basis of  these  two
tests, many of these Senate provisions
have been revised. The revisions, how-
ever,  do not weaken those provisions.
On   the  contrary,   the   revisions
strengthen  them because  they make
more  likely that we shall achieve the
desirable goals which these provisions
were designed to achieve.
  The  conference   report   and  the
Statement  of Managers  are lengthy
and complex documents. Let me point
out briefly  the highlights  of the legis-
lation.
  First.  With  regard  to  automotive
emissions, the legislation provides for
statutory deadlines by which new au-
tomobiles must be substantially pollu-
tion free. These  deadlines which apply
to the 1975 and 1976 models are rea-
sonable and, based on our best judg-
ment, are also  feasible. An independ-
ent body  of experts—the  National
Academy  of  Sciences—is   going  to
monitor the feasibility. If on the basis
of the  Academy's advice,  the  1975
deadline cannot  be met for  carbon
monoxide and hydrocarbons, the  Ad-
ministrator  of  the  Environmental
Protection  Agency  is  authorized  to
grant a 1-year extension and to estab-
lish interim standards. A similar pro-
vision  for  a 1-year extension is con-
tained in
                           [p. 42519]

the legislation for the third important
automotive pollutant—oxide of nitro-
gen. The Administrator, upon the ad-
vice of the Academy, may extend the
statutory deadline from 1975 to 1976.
  If after these extensions the compa-
nies are still not in a  position to pro-
duce substantially pollution-free auto-
mobiles,  it  will be up to the Congress
to determine what is to be done about
this gravest of all  air pollution prob-
lems which contributes about one-half
of air pollution in  the United States.
  Second. Another complex issue with
regard  to automotive emissions  in-
volved the question whether the manu-
facturers should be required to  war-
rant the  performance of automobiles
with  regard to  the achievement of
emission standards for the  useful life
of automobiles—defined in the statute
as 5 years or 50,000 miles. The legisla-
tion provides  that  the performance
warranty will come into effect as soon
as the Administrator finds that suita-
ble road tests have been developed to
test emissions  from  automobiles  and
as  soon  as  adequate facilities  are
available to apply such road tests.
  Third. The enforcement of air  pol-
lution  regulations  is  partly the  re-
sponsibility of  the States  and partly
that of  the Federal Government.  The
legislation provides  that  the Federal
Government  shall have primary  re-
sponsibility  for  the  enforcement of
performance standards for  new  sta-
tionary  sources and  hazardous emis-
sions  from  stationary sources.   The
States on the  other hand  will  have
primary  responsibility  for  the  en-
forcement of  State  plans  and  the
emission limitations  provided for in
those plans  with regard to  existing
stationary sources. There was a provi-
sion in the bill as passed by the other
body  calling for precertification of
new stationary sources. This provision
was dropped as impractical.
  Fourth.  A provision which has re-
ceived a  lot of attention  deals  with
citizen suits. The  legislation will  per-
mit such  suits against polluters as
well  as   against  the Administrator.
However, citizen suits against the Ad-
ministrator will  be limited to those
duties which are mandatory under the
legislation and the suits will not ex-
tend  to  those  areas of enforcement
with regard to  which the Administra-
tor has discretion.
  Fifth.  Many Members of Congress
have received communications with re-
gard  to a provision dealing with the
compulsory licensing of patents.  The

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1706
LEGAL COMPILATION—Am
legislation has  modified  substantially
a provision  on  this subject contained
in the bill as passed by the other body.
Under the  legislation  the Attorney
General  will be authorized to  seek
compulsory  licenses if he determines
that the failure to make such licenses
available under any patent makes im-
possible the achievement of air pollu-
tion limitations and results in  a re-
straint of  trade or a  monopoly. In
these exceptional cases, the Attorney
General would  go to court seeking the
licenses and requesting  the court to
establish reasonable terms and condi-
tions for such licenses.
  I have touched on the provisions in
the legislation which have received the
greatest attention and  I  shall be glad
to  answer any questions which the
Members  may  have with regard to
this important  legislation.
  I want to say to the  Members that
this legislation  has received the most
careful  consideration  by  the commit-
tees in  the House  and  in  the  other
body and by the conferees. All of the
House Members of  the conference
committee, JOHN  JARMAN  of  Okla-
homa, PAUL ROGERS of Florida, WIL-
LIAM  SPRINGER  of   Illinois,   and
ANCHER  NELSEN of Minnesota,  con-
tributed greatly to making this  legis-
lation possible.  Particular credit must
go  to PAUL ROGERS of  Florida, who
proposed some  of the important provi-
sions contained in the conference re-
port. Among  the  Senate  conferees,
Senator MUSKIE of Maine and Chair-
man RANDOLPH of West Virginia, were
most helpful. Congress and the Nation
owes all of these men a great  debt.
Last but not least, I want to say that
this legislation would  not have  been
possible without the outstanding coop-
eration between the committee  staffs
of  the Senate  and House committees,
and they too are to be commended for
working long hours and suggesting al-
ternative ways  in which the many dif-
               ferences between the bills passed by
               the two Houses might be resolved.
                 In conclusion, let me say that I con-
               sider this one of the most important
               pieces of legislation that this Con-
               gress has an opportunity to  enact. It
               will affect every  man,  woman, and
               child in this Nation and hopefully it
               will contribute  substantially  to  im-
               proving our environment which unfor-
               tunately we have neglected for far too
               long.
                 Mr. KYL. Mr. Speaker, will the gen-
               tleman yield?
                 Mr. STAGGERS. I yield to the gen-
               tleman  from Iowa.
                 Mr. KYL. Mr. Speaker, one of the
               great problems we have had in mount-
               ing  a meaningful  environment  pro-
               gram has been  the  fragmentation of
               responsibilities. Is the chairman of the
               committee  satisfied  that the  enforce-
               ment provisions of  this act are now
               sufficiently centralized so that we  can
               also pinpoint  the  responsibilities  of
               the Federal agencies?
                 Mr. STAGGERS. Yes. That was one
               of the great concerns  of all  the con-
               ferees,  and I  am  satisfied  on this
               point.
                 Mr. KYL. Mr. Speaker, if  the gen-
               tleman  will  yield  further,  I would
               hope that the distinguished gentleman
               from West Virginia may now, having
               done such  a great  job, use his great
               influence in this body to achieve a sim-
               ilar centralizing of  authority and re-
               sponsibility at the  House of Repre-
               sentatives level where  the  responsibil-
               ities are still unfortunately very frag-
               mented.
                 Mr.  ROUSSELOT.  Mr.   Speaker,
               will the gentleman yield?
                 Mr. STAGGERS.  I yield to the gen-
               tleman  from California.
                 Mr.  ROUSSELOT.  Mr.   Speaker,
               can the Chairman  assure us that in
               the case of California,  which this year
               enacted additional and stricter laws in
               the  field of air pollution, California
               will not now be required  to  come to

-------
                STATUTES AND LEGISLATIVE HISTORY
                               1707
the Department of Health, Education,
and  Welfare and obtain a waiver in
order that those laws can be imple-
mented?
  Mr.  STAGGERS. I might answer
the  gentleman this way:  California
required a waiver only with regard to
new automobiles. With regard to  air-
craft the Federal Government would
preempt the field, however.
  Mr. ROUSSELOT. My understand-
ing was that it was only in the case of
aircraft. In other words, the Federal
Government is now in effect  preempt-
ing- the  State of California in the field
of aircraft, but it  does  not  apply in
the field of automobiles.
  Mr. STAGGERS.  The  State is free
with regard   to  fuels,  stationary
sources,  and used  automobiles. Cali-
fornia is preempted in  the  field of
aviation. That is right.
  Mr.  ROUSSELOT.  So those laws
that were put on the books this year
by  the  State  of California  and, in
fact, which are stricter and more rigid
than the national criteria will not, in
fact, be preempted by this  legislation.
  Mr.  STAGGERS. The  only excep-
tion I know of is the exception of  air-
craft, and the waiver requirement in
case of new automobiles.
  Mr. ROUSSELOT. I thank the gen-
tleman.
  Mr.  GORMAN. Mr.  Speaker,  will
the gentleman yield?
  Mr. STAGGERS. I yield to the gen-
tleman from California.
  Mr. GORMAN. May I  inquire as to
the composition of fuel.  It is my  un-
derstanding California has a different
requirement concerning1  the  composi-
tion of  fuel  than  that  established
under the Federal regulation. Will the
State of California continue to be in a
position  to  exercise police  power in
that field of the composition of fuel?
  Mr. STAGGERS. We  must distin-
guish between fuels used  in stationary
sources  and fuels used in motor vehi-
cles. With regard to fuels used in  sta-
tionary  sources, all States are com-
pletely free to adopt and enforce more
stringent emission standards.
  With  regard to motor vehicle fuels,
all States with the exception of Cali-
fornia, are preempted from imposing
more  stringent fuel standards.  But
the other States,  subject  to the  ap-
proval of the Administrator, may in-
clude  in their  State  plans standards
for motor vehicle fuels  if such stand-
ards are necessary to achieve air qual-
ity standards.
  Mr. GORMAN.  I thank  the  gentle-
man.
  Mr. HOLIFIELD. Mr. Speaker, will
the gentleman yield?
  Mr.  STAGGERS.  I  am happy  to
yield  to the  gentleman  from Califor-
nia.
  Mr. HOLIFIELD. I thank the gen-
tleman for yielding.  I  should  like  to
have an exchange with  him on a dif-
ferent subject matter which  pertains
to the functions of the  Joint  Commit-
tee on Atomic Energy  and its statu-
tory responsibilities.
  I believe that the conference report
is satisfactory,  and  I  believe  I  can
conscientiously support  it.
  In the Senate report there were two
words which referred to "radioactive
substances."  As I understand  it,  the
conference report  is the report which
now obtains,  so far as consideration is
concerned, and that the  conference re-
port does not have  those  two words
referring to "radioactive substances";
is that true?
                          [p. 42520]

  Mr. STAGGERS. In  the conference
report there  was  no reference what-
soever to them.
  Mr. HOLIFIELD. Under these cir-
cumstances I assume the same  confer-
ence report is being presented  in the
other  body.
  Mr. STAGGERS. That is correct.
  Mr. HOLIFIELD. I understand that
the bill before us would  not encompass
the radiological aspects  of nuclear fa-

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 1708
LEGAL COMPILATION—AIR
cilities.  I refer now to the  nuclear
plants of the  Government. I also  un-
derstand that the authorities  and re-
sponsibilities  of  the  Environmental
Protection Agency  and the  Atomic
Energy  Commission with  respect to
such matters  as  radiation protection
standards   from  nuclear  facilities
would remain unchanged by virtue of
the bill now before us.
  Mr.  STAGGERS. That  is  correct,
because of the fact that this radiation
was not considered  in  the air pollu-
tion.
  Mr.  HOLTPIELD. The  gentleman
understands that the functions of the
Federal Radiation Council were trans-
ferred by the  presidential plan  over
into  the Environmental  Protection
Agency, and they have now taken over
these functions.  Therefore,  we  will
have  to look  to the  Environmental
Protection Agency  to  perform  those
particular functions transferred from
the Atomic Energy Commission.
  I just wanted  to be sure that this
Clean Air Act did not interfere with
those functions of the  Federal Radia-
tion Council now transferred by presi-
dential  plan into  the  Environmental
Protection Agency or those functions
remaining in the Atomic Energy Com-
mission.
  Mr. STAGGERS. That is correct, so
far as this bill is concerned.
  Mr. HOLIFIELD. I  thank the gen-
tleman.
  I also thank the gentleman  and the
conferees for  protecting the right of
California in  respect to  automobile
emissions to have stricter  standards
than those required in  other places in
the Nation because of the peculiar at-
mospheric conditions in California. I
appreciate the  cooperation  of the con-
ferees.
  Mr.  HECHLER  of  West Virginia.
Mr. Speaker, will the gentleman from
West Virginia yield?
  Mr.  STAGGERS. I  am  happy to
yield to my  colleague from West Vir-
ginia.
                Mr. HECHLER of West Virginia. I
              want to commend the gentleman from
              West Virginia for  his leadership in
              bringing out the  conference report on
              this outstanding  piece  of legislation.
              As  the gentleman knows,  in our State
              we  have had long and frustrating ex-
              periences  in attempting  to  curb air
              pollution.  In my congressional district
              in the mid-Ohio Valley, we started 5
              years ago to set the official machinery
              in motion to control air  pollution in
              the Vienna,  W. Va., area. Air  pollu-
              tion abatement conferences were held
              in Vienna, W. Va., in 1967 and 1969.
                Several air pollution abatement con-
              ferences have been held in West Vir-
              ginia, and also interstate conferences
              involving  air pollution  along the bor-
              ders of Ohio and West  Virginia. Rec-
              ommendations  have  resulted  from
              these conferences. Since the new act
              does away with this conference proce-
              dure, do  we have  to  start  all  over
              again, or  will these  conference recom-
              mendations  still  be enforced by  the
              National Air Pollution  Control Office?
                Mr.  STAGGERS. Any of the con-
              ferences that have been held and that
              have made  recommendations will not
              be affected at all.
                Mr. HECHLER of West Virginia. I
              thank the gentleman for this clarifica-
              tion. We  certainly  should not throw
              out the results of all the work which
              has gone  forward in these abatement
              conferences.
                It would be useful to ascertain the
              periodic progress which  the automo-
              bile manufacturers  are  making, in-
              cluding funds expended, toward meet-
              ing the 1975 and 1976 deadlines pre-
              scribed in the act. In the requirement
              of the act that the  Administrator re-
              port annually  to Congress,  will  the
              committee insure that progress re-
              ports are  also required  from the auto-
              mobile manufacturers?
                The public and the Congress are en-
              titled to know precisely how far the
              companies are progressing, particu-

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                STATUTES AND LEGISLATIVE HISTORY
                              1709
larly since they fought and lobbied  so
hard against any provision of this na-
ture. Since they contended they could
not meet the deadlines, the companies
will be  probably  eager to prove that
they cannot  meet the deadlines. The
point I am making is that we ought  to
be  sure that we  know how  much
money is being spent and specifically
what the companies are doing so that
we  do  not wake up in 1975 and dis-
cover  they  have not met the  dead-
lines? What is there in the bill beyond
requiring  the Administrator to report
to Congress every year?
  Mr. STAGGERS. Not only that, but
we have an additional safeguard. We
have  directed the  Administrator  to
make arrangements with the National
Academy of Sciences to monitor every
thing  and  to make progress  reports
to the  Congress  beginning  July  1,
1971.
  Mr. HECHLER of West Virginia.
May I pose one further question?
  Mr. STAGGERS. Yes.
  Mr. HECHLER of West Virginia.
The  Department  of  Health,  Educa-
tion, and  Welfare has had a number
of State implementation  plans  before
it since May of this year, and so far
none of them have been approved. The
delay  since May  implies that  these
State  plans do  not meet the Federal
requirements, and  I  wonder  if this
means that the Environmental Protec-
tion Agency under the new legislation
will be promulgating a Federal imple-
mentation plan at an early date?
  Mr. STAGGERS. Let  me say this:
Any plan  submitted  under  existing
law may be approved under the new
law but the  Administrators may re-
quire  appropriate  revisions  of the
plan to meet the new law.
  Mr. HECHLER of West Virginia. I
thank the gentleman  from West Vir-
ginia. I  would hope that the committee
could  plan hearings to find out how
this Administrator plans  to implement
this law, because it is a  very  compli-
cated piece of legislation.
  Mr.  STAGGERS. I can assure you
of that.
  Mr. HECHLER of West Virginia. I
also  hope at some  time in  the near
future, a year or less from now, if the
act can be strengthened the committee
will  recommend amendments  to  this
act.
  Mr.  STAGGERS.  We hope to get
reports every year.
  Mr. HECHLER of West Virginia. I
commend  my  colleague  from West
Virginia   and  the   gentleman  from
Florida (Mr. ROGERS) and others who
brought in this  excellent report.
  The  Administrator has been given
wide discretion in  dealing  with the
emissions  of highly  hazardous  sub-
stances. I would hope that in this area
the Administrator will vigorously en-
force the  act to the point of setting
zero  emission levels  for these highly
hazardous substances, which should be
listed and defined. A great  deal  also
must be done to define more explicitly
the precise standards involved in the
90-percent reduction of carbon monox-
ide hydrocarbons  and oxides of nitro-
gen which will be applicable in 1975
and 1976.
  Mr. Speaker, our Nation has had a
sad and frustrating  history of weak-
kneed inaction by those who have been
charged  with  protecting the  divine
right of every citizen to breathe clean
air. Not only have the laws been weak
and  shot through with  loopholes, but
the  underfunded  administration of
legislation to combat air pollution has
been ineffective. We  have allowed the
excuse  of expanding technology  and
production to over-ride the paramount
interest of the  average citizen in  pro-
tecting the environment and  the air
we breathe.
  Now  I hope  the  pendulum  will
swing dramatically and drastically in
the opposite direction. The very  sur-
vival of human life on  earth depends
on the  ability to breathe. We are get-
ting  choked with air pollution. Now
that this excellent piece of legislation
     526-703 O - 73 - 35

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1710
LEGAL COMPILATION—Am
has  been  passed,  the  challenge  is
clearly how well the act will he admin-
istered. At the highest level of Gov-
ernment,  leadership is demanded  in
order to protect clean  air. The Presi-
dent of the United  States must insist
that this act he administered  force-
fully, fearlessly, and where any bene-
fit of the  doubt exists  it should  be
resolved in favor  of  clean  air  and
against those who pollute the air. We
can no longer afford the pussyfooting,
artful dogging, delays, end runs, and
outright flouting of the intent of the
legislation  which has characterized
the history of air pollution control. I
trust that the President and the Envi-
ronmental  Protection  Agency   will
seize this challenge  and thus  protect
the right of  every  citizen to breathe
clean air.
  Mr.  STAGGERS. Mr. Speaker,  I
yield such time as he  may use to the
gentleman  from  Illinois  (Mr. SPRIN-
GER).
  Mr.  SPRINGER. Mr.  Speaker,  I
thank the gentleman for yielding.
  I think I might outline for my col-
leagues the fundamental points that
were involved in this conference.
  First of all, I would  like to say that
this  conference  went  on beginning
back before the election in November.
We were on this  in  conference for
some 3
                          [p. 42521]

months.  This gives you some idea  of
the amount of time consumed in work-
ing out  differences. There has never
been a conference in the 20 years that
I have  been  a member  of this com-
mittee where there was  more consid-
eration  given to a bill  than there was
to this bill.
  Second, most of the differences be-
tween   the two  bills  on stationary
sources  of pollution  are matters  of
language and  emphasis. They  were
worked out to keep the  basic frame-
work of the House bill. I do not need
               to go into detail in trying to explain
               the results that we  achieved. It does
               no violence to what was done here in
               the original bill.
                 The  big  difference  between  the
               House and the Senate position on au-
               tomotive emission standards was this:
               The absolute  deadline of 1975  for  a
               90-percent reduction  imposed by the
               Senate  bill is retained. A 1-year ex-
               tension is possible, as it was under the
               Senate bill. The House did insist upon
               an adequate lead time for  the industry
               to request an extension.
                 Third, aircraft emissions will be en-
               tirely under  Federal control.  That is
               preempted to the Federal Government.
                 Fourth,  patents  cannot  be  taken
               over by compulsory licenses except in
               the  most  compelling  circumstances
               and with the agreement of the Attor-
               ney  General  and the  U.S.  District
               Court.
                 Fifth, citizens suits  may be insti-
               tuted  against  Federal  installations
               and also against violators.
                 Citizen  suits  may  be  instituted
               against  the  administrator  only  for
               failure  to act where he must. In other
               words wherever he is given discretion
               in the act, he may may not be sued.
               He may be sued only for those mat-
               ters imposed in the  bill upon the ad-
               ministrator as a matter of law.
                 Lastly, Mr. Speaker, I would like to
               compliment the chairman, my distin-
               guished   colleague   from   Oklahoma
               (Mr.  JORDAN), the distinguished gen-
               tleman  from Minnesota  (Mr.  NEL-
               SEN), and also the distinguished Sena-
               tor from Tennessee (Mr.  BAKER), the
               distinguished  Senator from Delaware
               (Mr.  BOGGS), the distinguished Sena-
               tor from Kentucky  (Mr. COOPER)  and
               the distinguished Senator from Mis-
               souri  (Mr. EAGLETON)  for the  fine
               contributions that they all made.
                 May I say  that if these members of
               the  conference had not  introduced
               compromises   upon   which  we  could
               have  agreed, we  never  would  have

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                STATUTES  AND LEGISLATIVE  HISTORY
                              1711
been able to finish this conference.  I
think all of the  gentlemen  whom  I
have named have  made contributions,
in  addition to those who have been
mentioned   by  the  chairman   pre-
viously.
  Mr. Speaker, in view of the difficul-
ties that we had in this conference.  I
have never run into anything like it in
my entire experience such as we had
in this conference. I want to say that
I believe we came back with the very
best bill  that possibly could have been
agreed to considering  all  of  the diffi-
culties we had in resolving the differ-
ences between the House and the other
body.
  Mr.  NICHOLS. Mr. Speaker, will
the gentleman yield?
  Mr. STAGGERS. I yield to the dis-
tinguished  gentleman from  Alabama.
  Mr. NICHOLS.  I thank the chair-
man  very  much.   I   appreciate  the
chairman yielding  to me.
  I, too,  want to compliment  the dis-
tinguished chairman of the committee
upon this very fine report  which  I cer-
tainly feel will be  very meaningful in
the years ahead.
  I would like to ask a question of  the
chairman, if I may.
  I am  sure the distinguished chair-
man would recognize and agree with
me, I hope, that many automobile  im-
provements  in the efficiency and  the
safety of motor  vehicles have resulted
from  experience gained in operating
motor vehicles  under demanding cir-
cumstances such as those circumstanc-
es encountered in motor racing. I refer
to the tracks at  Talladega in my own
State, to Daytona and Indianapolis,
competition.
  I would ask the distinguished chair-
man if I am correct in  stating that
the terms "vehicle"  and  "vehicle  en-
gine" as  used in the act do not include
vehicles  or vehicle engines  manufac-
tured for, modified for or utilized in
organized  motorized  racing events
which, of course, are held very infre-
quently but which utilize all types of
vehicles and vehicle  engines?
  Mr. STAGGERS. In response to the
gentleman from Alabama, I would say
to the gentleman they would not come
under the provisions of this act, be-
cause the act deals only with automo-
biles used on  our roads in everyday
use. The act would not cover the types
of racing vehicles to  which the gentle-
man referred,  and present law  does
not cover them either.
  Mr.   ROGERS  of   Florida.   Mr.
Speaker, will the gentleman yield?
  Mr.  STAGGERS. I  am  happy to
yield  to the  distinguished gentleman
from Florida.
  Mr.   ROGERS  of   Florida.   Mr.
Speaker, I simply want to commend
all who participated in the conference.
It was a long and difficult conference.
We have a significant bill.
  The  fact that the Congress in this
legislation has  committed itself in the
strongest  possible terms to bringing
about clean air in America is of para-
mount importance. If when the Presi-
dent signs the bill—and I hope  and
believe that he will—then the Presi-
dent will commit the  administration to
the same degree that the Congress is
committed  to  bring  about clean  air,
and we will have clean air in this Na-
tion.
  Mr. GROSS. Mr. Speaker, will the
gentleman yield?
  Mr. STAGGERS.  Yes, I am happy
to yield to  the  gentleman from Iowa.
  Mr. GROSS. Since racing  cars are
apparently exempt from this legisla-
tion, would 0. Roy Chalk's buses also
be exempt?
  Mr. STAGGERS. No, they certainly
are not because they run on the high-
ways.
  Mr. GROSS.  I certainly would hope
not.
  Mr. PEPPER. Mr. Speaker, will the
gentleman yield?
  Mr. STAGGERS. I yield to the  gen-
tleman from Florida.

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1712
LEGAL COMPILATION—AIR
  Mr.  PEPPER.  Mr. Speaker,  as  I
understand, this grants 5  years for
allowing the  automobile  industry to
set instruments  in  the  automobiles
which  will  prevent the emission of
foul air. If that is the case, I want to
ask the able gentleman whether it is
absolutely  necessary  to  allow  that
long a period  of time?
  Mr.  STAGGERS. I will say to the
gentleman  from  Florida  that  even
under  present law emissions from au-
tomobiles have been steadily decreas-
ing. The question  is how soon can we
have substantially pollution-free auto-
mobiles. Once we have the technology,
and we may not have it at present as
the manufacturers contend, it takes at
least  24 months,  really, before  the
cars so equipped can start rolling off
the assembly line.
  The legislation  gives them enough
leadtime to build the best  available
technology into the 1975 model  cars.
The  manufacturers  have   to  make
their plans in 1972 for the 1975 model
cars.  We give them 1 year  leeway if
they  cannot  achieve the   statutory
standards  in  those models.  So  they
really  do not  have very much leeway.
  Mr.  PEPPER.  So  the  able gentle-
man feels that we have done the very
best job we could on this?
  Mr.  STAGGERS. That is correct.
  Mr.  PEPPER. I thank the gentle-
man.
  Mr.  ANDERSON of California. Mr.
Speaker, I rise in support of the  con-
ference  report on  H.R.  17255,  the
Clean  Air Act amendments.
  Over the years,  I  have  become in-
creasingly  convinced that such legisla-
tion should have  a top  congressional
priority. Pollution is  getting more se.
rious   every  day.  This  is   evidenced
both  by  people's  mounting concern
about  the  perils and the costs of air
pollution, and the increasing body of
medical  evidence  that  contaminated
air endangers the health  and  well-
being of man.
                  This year, we  hurled 149  million
               tons of  pollutants into the air;  last
               year, we dumped 130 million tons into
               the atmosphere.
                  Concern about the deterioration  of
               the  air  manifests itself  among the
               people in the 17th  Congressional  Dis-
               trict of  California that I  am privi-
               leged  to  represent. The recent cam-
               paign  and the  questionnaires  that I
               have sent out,  show  that the great
               majority of  the people  I have talked
               to and corresponded with, consider air
               pollution to be a most critical problem.
                  That the  situation is deplorable  is
               shown by the fact that air pollution
               costs the United States over  $12 bil-
               lion annually. Dirty air ruins crops
               and  vegetables;   causes   steel   in
               bridges,  rails, and ships  to  deterio-
               rate;  and  it causes  buildings  and
               clothing to age more rapidly.  But the
               cost in dollars is not the worst of  it.
               Dirty  air is  shortening our lives and
               damaging our health.
                  The menace of prolonged air inver-
               sions has increased the rates of death
               —especially  among our elderly  citi-
               zens. Doctors have been documenting,
               with  increased  frequency,  that  re-
               peated exposure for prolonged periods
               to unclean air can severely damage a
               person's health. Medical evidence has
               associated air pollution with  higher
               rates of serious illness  and mortality
               from asthma, em-
                                          [p. 42522]

               physema, lung  cancer,  chronic bron-
               chitis, and heart disease.
                  Mr. Speaker, we know that automo-
               bile emissions account for 87.7 percent
               of the air pollution in the Los  Angeles
               Basin. While the relation of the auto-
               mobile to air pollution  has long been
               known, little has  been done by auto-
               mobile manufacturers to alleviate the
               problem. Rather,  many of us have
               contended that  they have  stalled re-
               search which might have helped  to
               clear our skies, except  when  Govern-

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                STATUTES AND  LEGISLATIVE HISTORY
                               1713
ment pressure has been brought to
bear.
  The  bill   before   us   now—the
Clean Air Act—is designed to correct
this  situation.  It  has a  provision
which requires that automobiles man-
ufactured in 1975  and thereafter, pro-
duce at least 90-percent less emissions
than the 1970 model.
  A number of us attempted to amend
H.R.  17255 to include  this provision
when it was before the  House of Rep-
resentatives in June of this year.  We
were narrowly  defeated;   however,
Senator MUSKIE was successful in the
Senate.
  I  was extremely pleased when it
was announced on October 8 that this
provision  had been  adopted by  the
conferees.  Then,  on  October  17,  the
administration made  a futile effort to
dissuade the  conferees.  I am grateful
that the conferees rejected the auto
industry's position as espoused by the
administration.
  This is not  only a great victory for
the health of our country and for  our
environment;  it is a great personal
victory for those who have worked for
so long to clean up our air. The efforts
of the House  conferees cannot be ex-
aggerated.  Chairman STAGGERS, Con-
gressman    JARMAN,    Congressman
PAUL ROGERS, Congressman SPRINGER,
and Congressman  NELSON deserve  our
praise and  our thanks.
  The public is angry and upset, and
rightfully so,  because it realizes that
the black pall hanging over our cities
is not only unnatural, it is unhealthy
and uncomfortable.
  Detroit  had best realize that  not
only is pollution  in the  air, but that
legislation  for its  correction is in  the
wind.
  Mr. RYAN. Mr. Speaker, the adop-
tion of the conference report on H.R.
17255, the Clean Air Act Amendments
of 1970,  should signal  a massive  as-
sault on  air  pollution—an  assault
which some of us have  long  urged,
and  which  is possible  now  that the
public has become aroused to the per-
ils posed  by the degradation  of  our
environment.
  On June 10, the House passed H.R.
17255. At the time, it was inadequate
—a  half  step  where 10 giant steps
were required. In order to register our
dissatisfaction  with  that  bill,  as it
passed the House, a number  of us in-
troduced legislation,  entitled the  Air
Pollution  Abatement Act  of  1970,
which incorporated the much stronger
provisions of the Senate-passed Clean
Air Act amendments. This bill is H.R.
19706. Our purpose was to exert pres-
sure on the House conferees by dem-
onstrating that  we demanded  strong,
effective action.
  The bill which has emerged from
the conference committee makes possi-
ble such action. Without analyzing the
details of  the  conference  report,  I
would point out that  among its  major
provisions is that largely banning pol-
luting  automobile   emissions   after
1975, with no more than  1 year's ex-
tension to 1976 on that ban. The Con-
gress is starting to drop  the rhetoric
and  demand results.  Since I came to
this   House  in   1961,  I   have been
pushing for meaningful antipollution
legislation; legislation such as that re-
ported out of the conference commit-
tee   is indeed  welcome  after  these
years of effort.
  I  do  want  to  discuss  in  some
length title IV of the  bill, because this
deals with an aspect of our environ-
ment which  only recently has begun to
receive widespread attention—that is,
noise pollution. Title  IV of the  bill is
entitled "Noise  Pollution and  Abate-
ment Act of 1970." It directs the Ad-
ministrator   of   the   Environmental
Protection   Agency  to   establish an
Office of Noise Abatement and Control
for  the purpose of investigating and
identifying  the  sources of noise and
its effects on public  health  and wel-
fare, and to report to  the President
      526-703 O - 73 - :

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1714
LEGAL COMPILATION—Am
and Congress within 1 year of enact-
ment the results of the investigation
and study.  Thirty million  dollars  is
authorized to carry out title IV.
  I  am  particularly  concerned about
this title'because, in the House, I have
introduced the Noise  Control  Act of
1970—H.R.  15473.  Subsequent to my
initial introduction of  it on January
20,  1970, 22 of my colleagues joined
me  when I reintroduced this  bill as
H.R. 16520 and H.R. 16708.
  My bill would have  established an
Office  of Noise  Control within  the
Office of the Surgeon General of the
United States. A chief function of the
office would  be  to  act as a clearing
house for all information on noise-—its
causes and  effects, its  prevention, its
control,  and its abatement.  On re-
quest, the office would make this mate-
rial available to  States, local govern-
ments, and  private  groups  interested
in the problem of noise and its abate-
ment.
  In addition, the  bill would provide
for  grants  to States, local  govern-
ments, commissions, and councils for
programs of noise  control—research
into the effects of noise, the investiga-
tion of  existing causes of  excessive
noise in our society, and research into
new ways of controlling, preventing,
and abating noise.
  The bill also would provide  for re-
search grants  to  public or  nonprofit
private  agencies, organizations,  and
institutions. Grants would also be pro-
vided for training of professional and
technical personnel in methods to ef-
fect proper  control, prevention,  and
abatement of noise.
  The  Noise  Control Act  of  1970
would also provide for a Noise Control
Advisory Council, which would advise
the  Director  of  the Office  of Noise
Control  of  his  responsibilities,  and
would review all  proposed  project
grants. This Council  would be made
up  of nine  individuals interested in
the  problems of noise and its control,
               who are skilled in the fields of medi-
               cine,  psychology,  government,  law or
               law enforcement,  social work,  public
               health, or education.
                  Since  I introduced the  Noise Con-
               trol Act of 1970, Reorganization Plan
               No. 3 of 1970, creating the Environ-
               mental  Protection  Agency, went  into
               effect. Therefore,  it  is  appropriate
               that  the Office of Noise  Abatement
               and Control created by title IV of the
               Clean Air Act amendments be  placed
               in that agency. I  do  recommend that
               grants for research,  for professional
               and technical training, and for demon-
               stration  projects be made  as outlined
               in my original bill.
                  The problem of noise pollution de-
               mands attention.  It is an increasing
               factor in even the simple amenities of
               urban living;  the intrusiveness of
               noise pervades virtually every urban
               home. But inconvenience  aside, noise
               pollution poses  a  peril   to  human
               health.  Consequently, the  inclusion of
               title IV  in the Clean Air  Act  amend-
               ments, as reported out of the  confer-
               ence  committee,  is particularly wel-
               come.
                  Mr. VANIK. Mr. Speaker,  I want
               to take  this  opportunity to commend
               the conferees on the part of the House
               for their work on H.R.  17255,  the
               Clean Air Amendments of  1970.
                  On June 10, 1970, the House of Rep-
               resentatives  passed a good clean air
               bill. But in the last week  of July the
               eastern  half of the Nation was  "at-
               tacked"  by a  blanket  of   smog that
               demonstrated—if  we  did not fully re-
               alize  it  before—the enormity  of the
               air pollution problem facing the  Na-
               tion.
                  As a result of the demonstration of
               the severity of the air pollution prob-
               lem—literally  a  matter of life  and
               health—the  Senate  passed a much
               stronger Clean Air Act of September
               22. This bill  required a 90-percent re-
               duction  of  pollutants  from  automo-
               biles  by  1975-76. Automobile pollution

-------
                 STATUTES AND LEGISLATIVE HISTORY
                                1715
is the most serious  source of contami-
nants   in  our   Nation's—and  the
world's—air. In urban centers, the au-
tomobile is estimated to cause between
60 and 85 percent of the pollution  in
our cities. The House bill failed to set
a definite timetable for  the reduction
of auto emissions. As the conferees  on
the  part  of  the   House  themselves
note:

  The House bill  did not amend the provi-
sions of  existing: law relating to the establish-
ment  of  standards for new motor vehicles.
The  Senate amendment  deleted  the require-
ments that such standards be based  on a test
of  technical  and  economic  feasibility,  and
provided  statutory  standards for   passenger
cars and  required that  such standards  be
achieved by a date certain.

   Although the bill  in  its  final form
provides for a possible  1-year exten-
sion  for meeting these  deadlines, the
Congress has finally  given the Ameri-
can people  a  clean air bill that  has
teeth,  that has  force,  that  will  be
meaningful and which  will result in
 noticeably lower levels of air pollution
 in this decade.
   Human health and comfort has been
 placed in the  priority in which it  be-
 longs—first place.
    There can be no doubt that we pos-
  sess the technology needed to develop
  a clean  car and a car  that can meet
 the emission standards set by this act.
    If  anyone  doubts  that fact, they
  need only consider the results  of  the
  Third   Annual    Trans-Continenta!
  Clean Car Race. This  coast  to coast
  race  was  won by  an  ordinary 1970
  model car that had its exhaust system
  modified by four part-time night stu-
  dents  at Wayne
                             [p. 42523]

  State  University.  These students  put
  together an exhaust system that beat
  the  pollution standards that  the Fed
  eral Government had been proposing
for 1980 model cars. If four students
can  accomplish this, I  am sure that
the auto industry, with all its massive
resources,  will be  able  to do  even
better—if it really tries.
   Again, Mr. Speaker, I want to com-
mend the House conferees for agree-
ing  to  accept  the stronger  Senate-
passed  provisions  in so  many cases.
Their action,  and  the  action of  the
Congress in passing this bill will be—
next to solving the dread disease of
cancer—the  single  most  important
thing that the Congress can do to  im-
prove the health of the  American peo-
ple.
   I also want to thank those 43 other
Members  of the  House  who joined
with me in introducing in the House
the Senate-passed version of the Clean
Air Act. Forty-four of us introduced
this bill as an indication of the con-
cern in this Chamber for the strongest
possible bill. Of those  sponsoring the
 Senate-passed version in the House, I
would  particularly  like to commend
 our retiring colleague, LEONARD FAKB-
 STEIN of New York, for his hard work
 in this area. He was one of the leaders
 in the  House on June  10th in the ef-
 fort to strengthen the bill then before
 the House.  He is one of those  who
 joined  me  in cosponsoring the Senate
 bill in  October. The list  of cosponsors
 follows:

               COSPONSORS
   Mr. Addabbo,  Mr.  Bell,  Mr.  Brasco, Mr.
 Brown  of California, Mr. Button, Mrs.  Chis-
 holm, Mr. Clark, Mr.  Clay,  and Mr. Conyers.
   Mr. Donohue, Mr. Edwards  of  California,
 Mr. Eilberg,  Mr. Farbstein, Mr. Fascell, Mr.
 Fraser,  Mr.  Gaydos,  Mr. Gude, Mr. Halpern,
 Mr.  Harrington, and Mr.  Hechler of  West
 Virginia.
   Mr.  Koch, Mr. Lowenstein, Mr. Madden,
 Mr.  McCloskey,  Mr.  Mikva,  Mr.  Moorhead,
 Mr.  Olsen,  Mr. Ottinger,  Mr. Patten, Mr.
 Pike, Mr. Podell, and Mr.  Price of Illinois.
   Mr.  Reid  of New York,  Mr.  Rees, Mr.
 Reuss,  Mr. Rodino, Mr. Rosenthal, Mr.  Ryan,
 Mr. Scheuer, Mr. Schwengel, Mr. Tunney, Mr.
 Vanik,  Mr.  Wolff, and Mr. Yates.

-------
1716
LEGAL COMPILATION—Am
  Mr. STAGGERS.  Mr. Speaker, I
move the previous question on the con-
ference report.
  The previous question was ordered.
                The conference report was agreed
              to.
                A motion to reconsider was laid on
              the table.
                                                            [p. 42524]

-------
             STATUTES AND LEGISLATIVE HISTORY         1717

  l.lk(5) THE PRESIDENT'S REMARKS UPON SIGNING
                   THE BILL INTO LAW
  Dec. 31,1970, Weekly Compilation of Presidential Documents.
            Vol. 6, No. 1, January 4,1971 (pp. 11-12)

               CLEAN AIR AMENDMENTS OP 1970

The President's Remarks Upon Signing the Bill  Into Law.
December 31, 1970
Ladies and gentlemen:
  On the last day of the year, 1970, I think it would be appropri-
ate to make a  very few remarks with regard to this  piece of
legislation that  I will now be signing, the Clean Air Act of 1970.
  And I see in this room a few who were present in San Clemente
on the first day of 1970 when I said that this would be the year of
the environment, that it was now or never if we were to  clean up
the air and clean up the water in major parts of the United States
and to provide the open spaces that are so important for the
future generations  in this country.
  The year 1970 has been a year of great progress  in this field. In
February, you will recall that I submitted the most comprehensive
message on the  environment ever proposed by a President of the
United States. During the year, there have been some administra-
tive actions, some legislative actions.
  Time, however, has been required for the Congress to  consider
the proposals of the administration and,  finally, to agree on the
legislation that will be sent to the President for signature.
  This is the most important piece of legislation,  in my  opinion,
dealing with the problem of  clean air that we have this year and
the most important in our history.
  It provides, as you know, for provisions dealing with fuel emis-
sions  and also for air  quality standards and it provides for the
additional enforcement procedures which are absolutely important
in this particular  area.
  How did this come about? It came about by the President pro-
posing. It came about  by a bipartisan effort represented by the
Senators and Congressmen who  are here today in acting. Senator
Randolph, Senator Cooper, and  Congressman Springer represent
both parties and both Houses of the Congress.
  And I thank  the  Congress, and the country owes a debt to the
Congress in its closing days, for acting in this particular field.
  I would say, however, that as I sign this piece of legislation, it is
only a beginning, because  now  comes the enforcement  and that

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1718               LEGAL COMPILATION—AIR

allows me to comment briefly upon how we in the administration
are set up to handle the problems of the environment in the years
ahead.
  We have, first, the Environmental  Quality Council under the
Chairmanship of Russell Train. That Council advises the Presi-
dent on the policies which should be recommended to the Congress
and to the Nation. And consequently, as  I submit new recommen-
dations, and there will be very significant new recommendations
submitted to the Congress early in the next session on the environ-
ment, those recommendations will  be the result of the actions that
the Council has taken and its studies and its proposals.
  And there is the Environmental Protection Agency, which has
been established by the Congress,  where Mr. Ruckelshaus is the
man responsible. And that is the enforcement agency. He enforces
those proposals that, first, are recommended by the Council, sub-
mitted by the President to the Congress, enacted by the Congress,
and then become the law.
  So, we have the enforcement agency on the one side.  We have
the policy agency on the other. We have the legislative branch of
the Government, both parties represented here, and, of course, the
President in the primary role of having to submit the legislation
and then backing up those who have the responsibility for enforc-
ing it.
  If I can summarize briefly, I think that 1970 will be known as
the year of the beginning, in which we really began to move on the
problems of clean air  and clean  water  and open  spaces for the
future generations of America.
  I think 1971 will be known as the year of action. And as we look
at action, I would suggest that this bill is an indication of what
action can be, because  if this bill  is completely enforced within 4
years, it will  mean  that the emissions  from automobiles which
pollute the environment will be reduced by 90 percent.
  And the problem  of automobile pollution, as we know, is one
that not only now plagues my native area of Southern California,
but all  the great cities of this Nation,  particularly those which
have heavy automobile traffic, and most of the great cities of the
world have similar problems.
  So, what we are doing here is, first, by signing this legislation,
to provide the tools through which we can have action to avoid the
dangers that continuing air pollution by automobiles and through
other methods will be going forward.

                                                       [p. 11]

-------
            STATUTES AND LEGISLATIVE  HISTORY          1719

  So, it seems very appropriate that in this room, the Roosevelt
Room, a room that is named for both Roosevelts, Franklin Rosse-
velt and Theodore Roosevelt, but particularly in view of the fact
that Theodore Roosevelt, who was the man most remembered in
American history for  his interest in conservation, his  interest in
the environment, that this bill is being signed here; this, it seems
to me, is most appropriate.
  And I would only hope that as we go now from the year of the
beginning, the year of proposing, the year 1970,  to the  year of
action, 1971, that all of us, Democrats, Republicans, the House, the
Senate, the executive branch, that all of us can look back upon this
year as that time when  we began to make a movement toward a
goal that we all want, a goal that Theodore  Roosevelt deeply be-
lieved in and a goal that he lived in his whole life. He loved the
environment. He loved the clear  air and  the open spaces and he
loved the  western part  of the  United States particularly, which
will be greatly affected by this kind of action.
  And as we sign this bill in this room, we can look back and say,
in the Roosevelt Room on the last day of 1970, we signed a historic
piece of legislation that put us far down the road toward a goal
that Theodore Roosevelt, 70 years ago, spoke eloquently about, a
goal of  clean air, clean water, and open spaces for  the future
generations of America.

                                                    [  P. 12]
1.11 TECHNICAL AMENDMENTS TO THE CLEAN AIR ACT
       November 18, 1971, P.L. 92-157 §302, 85 Stat. 464


                     Public Law 92-157
                 92nd  Congress, H.  R. 8629
                     November 18, 1971

AN ACT To amend title VII of the Public Health Service Act to
    provide increased manpower for the health professions,
                   and  for other purposes

  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
                                                        [p. 1]

-------
1720              LEGAL COMPILATION—Am

              TITLE III—MISCELLANEOUS

                                                     [p. 33]
     *******

        TECHNICAL AMENDMENTS TO THE CLEAN AIR ACT

  SEC. 302. (a) Section 307 (a) (1)  of the Clean Air Act is
amended by striking out "210 (c) (4)" and inserting in lieu thereof
"211(c)(3)".
  (b)  Section  113 (b) (2) of such  Act is amended  by inserting
"(A)" before "during", and by inserting ",  or (B)" after "as-
sumed enforcement".
  (c)  Section 113 (c) (1) (A) of such Act is amended by inserting
"(i)" before "during" and by inserting ", or (ii)"  after "assumed
enforcement".
  (d)  Section 211 (c) (3) (A) of such Act is amended by inserting
"obtaining" after "purpose of".
  (e)  Section 211 (d)  of such Act is amended by striking out
"under subsection (c)," at the second place it appears and insert-
ing in lieu thereof "under subsection (b)".
  (f)  The  first sentence of section lll(b) (1) (B)  of the Clean
Air Act is amended by striking out "purpose" and inserting in lieu
thereof "publish proposed".
                                                     [p. 34]
     *******

    1.11(1) HOUSE COMMITTEE ON INTERSTATE AND
                  FOREIGN COMMERCE
       H. R. REP. No. 92-258, 92d Cong., 1st Sess.  (1971)

        [No Relevant  Discussion of Pertinent Section]

111(2)  SENATE COMMITTEE ON  LABOR  AND PUBLIC
                        WELFARE

         S. REP. No. 92-251, 92d Cong., 1st Sess.  (1971)

        [No Relevant  Discussion of Pertinent Section]

           111(3) COMMITTEE OF CONFERENCE

       H.R. REP. No. 92-578, 92d  Cong., 1st Sess.  (1971)

        [No Relevant  Discussion on Pertinent Section]

-------
            STATUTES AND  LEGISLATIVE HISTORY          1721

    l.l/(4)  CONGRESSIONAL RECORD, VOL. 117 (1971)

l.l£(4)(a) July 1: Considered and passed House

       [No Relevant Discussion  on Pertinent Section]

l.l/(4)(b) July 14: Considered and passed Senate, amended in
lieu of S. 934

       [No Relevant Discussion  on Pertinent Section]

l.l/(4)(c) Oct. 19: Senate agreed to conference report

       [No Relevant Discussion of Pertinent Section]

l.l/(4)(d) Nov. 9: House agreed to conference report

       [No Relevant Discussion of Pertinent Section]

    1.2 PUBLIC CONTRACTS, ADVERTISEMENTS FOR
  PROPOSALS FOR PURCHASES AND CONTRACTS  FOR
      SUPPLIES OR SUPPLIES  FOR GOVERNMENT
   DEPARTMENTS; APPLICATION TO GOVERNMENT
       SALES AND CONTRACTS TO SELL AND TO
             GOVERNMENT CORPORATIONS

                  As amended, 41 U.S.C. §5 (1958)

         [Referred to in 42 U.S.C. §1857b-l(a)(2)(D)]

           (See, General 1.14" for legislative history)
  41 § 5
  Unless  otherwise provided in the appropriation  concerned or
other law purchases and contracts for supplies or services for the
Government may be made or entered into only after advertising a
sufficient  time previously for proposals, except (1) when the
amount involved in any one case does not exceed $2,500, (2)  when
the public exigencies require the immediate delivery of the articles
or performance of the service, (3) when only one source of supply
is available and the Government purchasing or contracting officer
shall so certify, or (4) when the services are required to be per-
formed by the contractor in person and are (A) of a technical and
professional nature or  (B)  under Government supervision and
paid for on  a time basis. Except (1) as authorized by section 1638

-------
1722               LEGAL COMPILATION—AIR

of Appendix to Title 50,  (2) when otherwise authorized by law, or
(3) when the reasonable value involved in any one case does not
exceed $500, sales and contracts of sale by the Government shall
be governed by the requirements of this section for advertising.
  In the case of wholly owned Government corporations, this sec-
tion shall  apply to their administrative transactions only.  R.S. §
3709; Aug. 2, 1946,  c. 744, § 9(a),  (c), 60 Stat. 809;  June 30,
1949, c. 288, Title VI, § 602 (f), formerly Title V, § 502 (e), 63
Stat. 400,  renumbered Sept. 5, 1950, c. 849, §§ 6(a), (b), 8(c), 64
Stat.  583; Aug. 28,  1958, Pub.L. 85-800, § 7,  72 Stat.  967.

   1.3 ADVANCES OF PUBLIC MONEYS, PROHIBITION
        AGAINST, AS  REVISED, 31  U.S.C. §529 (1956)

          [Referred to in 42 U.S.C. §1857b-l(a)(2)(D)]

  31 § 529

  No advance of public money  shall be made in any case unless
authorized by the appropriation  concerned or other law. And in all
cases of contracts for  the performance of any  service,  or the
delivery of articles of any description, for the use of the  United
States, payment shall not exceed the value of the service rendered,
or of the  articles delivered previously  to such payment. It shall,
however, be lawful, under the special direction of the President, to
make such advances  to the disbursing officers of the Government
as may be necessary to the faithful and prompt discharge of their
respective duties, and to the fulfillment of the public engagements.
The  President may  also direct  such  advances  as he may deem
necessary and proper, to persons in the military and naval  service
employed  on distant  stations, where the discharge of the pay and
emoluments to which they may be entitled cannot be regularly
effected. R.S. § 3648; Aug. 2,1946, c. 744, § 11, 60 Stat. 809.

           1.3a ADVANCES OF PUBLIC MONEYS;
                  PROHIBITION  AGAINST

               August 2,1946, R.S. §3648, §11, 60 Stat. 809

  SEC.  11. The first sentence of section 3648 of the Revised Stat-
utes (31 U.S.C. 529)  is hereby amended to read as follows:
  "No advance of public money shall be made in  any case unless
authorized by the appropriation concerned or other law."

-------
           STATUTES AND LEGISLATIVE HISTORY         1723

1.3b E.G. 10410,  SPECIFICATION  OF LAWS FROM WHICH
    THE ESCAPEE PROGRAM ADMINISTERED BY THE
    DEPARTMENT OF STATE SHALL BE EXEMPT

               November 14,1952, 17 Fed. Reg. 10495

               TITLE 3—THE PRESIDENT

                  EXECUTIVE ORDER 10410

SPECIFICATION OF LAWS FROM WHICH THE ESCAPEE PROGRAM
  ADMINISTERED  BY THE  DEPARTMENT  OF STATE  SHALL  BE
  EXEMPT
  By virtue of the authority vested in me by section 532 of  the
Mutual Security Act of 1951, as  added by section 7(m)  of  the
Mutual Security  Act of  1952 (Public Law 400, approved June 20,
1952, 66 Stat.  146),  it is hereby determined that the performance
of functions with respect to the escapee program, authorized by
section 101 (a) (1) of the Mutual Security Act of 1951, as amend-
ed, and administered by the Department of State, without regard
to the three following-designated provisions of law will further
the purposes of the said Mutual Security Act of 1951, as amended:
  1. Section 3648 of the Revised Statutes, as amended, 60 Stat.
809 (31 U.S.C. 529).
  2. Section  305 of the Federal Property and Administrative
Services Act of 1949, approved June 30, 1949, ch. 288, 63 Stat. 396
(41 U.S.C. 255).
  3. Section 3709 of the Revised Statutes, as amended (41 U.S.C.
5).
                                      HARRY  S. TRUMAN
  THE WHITE HOUSE,
                   November 14, 1952.
[F. R.  Doc. 52-12341; Filed, Nov. 14, 1952; 3:54 p.m.]
                                                [p. 10495]

1.3c E.O. 11223, RELATING TO THE  PERFORMANCE  OF
FUNCTIONS AUTHORIZED BY THE FOREIGN  ASSIST-
                   ANCE ACT OF 1961

                May 12,1965, 30 Fed. Reg. 6635-6636

RELATING TO THE PERFORMANCE  OF FUNCTIONS AUTHORIZED BY
      THE FOREIGN ASSISTANCE ACT OF 1961, As AMENDED

  By virtue of the authority vested in me by Section 633 of the
Foreign Assistance  Act of 1961, as  amended, 75 Stat. 454  (22

-------
1724               LEGAL COMPILATION—Am

U.S.C. 2393), it is hereby determined that, to the extent hereinaf-
ter indicated,  the performance of functions authorized  by that
Act, as amended, and any predecessor legislation, without regard
to the laws specified in the numbered subdivision of Sections 1 and
2 of this order and without regard to consideration as specified in
Sections 3 and 4 of this order will further the purposes of the
Foreign Assistance Act of 1961, as amended:
   SECTION 1. With respect to functions authorized by the Foreign
Assistance Act of 1961, as amended (22 U.S.C. 2151  et seq.), and
any predecessor legislation except those functions exercised by the
Department of Defense under authority of Sections 621 and 623 of
the Foreign Assistance Act of 1961  (22 U.S.C. 2381 and 2383) :
   (1)  The Act of March 26, 1934, 48 Stat.  500, as amended (15
U.S.C. 616a).
   (2)  Section  3648  of the Revised Statutes,  as amended,  60  Stat.
809 (31 U.S.C. 529).
   (3)  Section 305  of the Federal Property and Administrative
Services Act of 1949, 63 Stat. 396, as amended (41 U.S.C. 255).
   (4)  Section 3709 of the Revised  Statutes, as amended  (41
U.S.C. 5.)
   (5)  Section 3710 of the Revised Statutes (41 U.S.C. 8).
   (6)  Section  2 of Title III  of the Act of March 3, 1933,  47  Stat.
1520 (41 U.S.C. lOa).
   (7)  Section 3735 of the Revised Statutes (41 U.S.C. 13).
   (8)  Section  304 (c) of the Federal Property and Administrative
Services Act of 1949, as added by the Act of October 31,  1951, 65
Stat. 700  (41  U.S.C. 254(c)), but only  with respect to contracts
entered into with foreign governments or agencies thereof for the
rendering of services to the United States or an agency thereof
within the continental limits of the United States.
   (9)  Section 901 (a) of the Merchant  Marine  Act, 1936,  49
Stat. 2015, as  amended (46  U.S.C. 1241 (a)).
   SEC. 2. With respect to purchases authorized to be made outside
the limits of the United States or the District of Columbia under
the Foreign Assistance Act  of 1961, as  amended, and any prede-
cessor legislation:
   (1)  Section 2276 (a) of Title 10 of the United States Code.
   (2) Section 2313 (b) of Title 10 of the United States Code.
   (3)  Section  304 (c) of the Federal Property and Administrative
Services Act of 1949, as added by the Act of October 31,  1951, 65
Stat. 700  (41 U.S.C 254(c)).

-------
            STATUTES AND LEGISLATIVE HISTORY          1725

  (4) Section 1301 of the Second War Powers Act, 1942, 56 Stat.
185 (50 U.S.C. App. 643), as extended  by the provisions of the
Act of June 30,1953, 67 Stat. 120.
                                                      [p. 6635]

  (5) Section 3(b)  of the  Act of August 28, 1958, 72 Stat. 972
(50 U.S.C. 1433 (b)), but only with respect to contracts in which
the inclusion of the clause required by Section 3 (b), or the compli-
ance with that  clause, if  included in a contract, is deemed by the
executive or military department concerned to be impracticable.
  SEC. 3. With respect to  cost-type contracts heretci ore or hereaf-
ter  made with  non-profit  institutions  under which no  fee  is
charged or paid, amendments and modifications of such contracts
may be made with or without consideration and may be utilized to
accomplish the same things as any original contract could have
accomplished,  irrespective  of the time  or  circumstances  of the
making, or the form of the contract amended or modified, or of the
amending or modifying contract and irrespective of rights which
may have accrued under the contract or the amendments or modi-
fications thereof.
  SEC. 4. With  respect to contracts heretofore or hereafter made,
other than those described in Section 3 of this order, amendments
and modifications of such contracts may be made with or without
consideration and may be utilized to accomplish the same things as
any original contract could have accomplished, irrespective of the
time or circumstances of  the making, or the form of the contract
amended or modified,  or  of the amending or modifying contract,
and irrespective of rights which may have accrued under the con-
tract or the amendments or modifications thereof, if the Secretary
of State determines in each case that such action is necessary to
protect the foreign policy  interests of the United States.

  SEC. 5. Executive Order No. 10784  of  October  1, 1958, and
Executive Order No.  10845 of October  12, 1959, are hereby  su-
perseded.

                                        LYNDON B. JOHNSON
  THE WHITE HOUSE,
              May 12,1965

       [F.R. Doc. 65-5158; Filed, May 12,1965; 2:56 p.m.]
                                                      [p. 6636]

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1726               LEGAL COMPILATION—AIR

   1.4 CONTRACTS: ACQUISITION, CONSTRUCTION OR
 FURNISHING OF TEST FACILITIES AND EQUIPMENT,
                       AS AMENDED
                    10 U.S.C. §2353  (1956)

          [Referred to in 42 U.S.C. §1857b-l(a)(2)(D)]

  10 § 2353

   (a) A contract of a military department for research or devel-
opment, or both, may provide for the acquisition or construction
by, or furnishing to, the contractor, of research, developmental, or
test facilities and  equipment that the Secretary of the military
department concerned determines to be necessary for the perform-
ance of the contract. The facilities and equipment, and specialized
housing for them,  may be acquired or constructed at the expense
of the United States, and may be lent or leased to the contractor
with or without reimbursement, or may be  sold to him at fair
value. This subsection does not authorize new construction or im-
provements having general utility.
   (b) Facilities that would not be readily removable or separable
without unreasonable expense or unreasonable loss of value may
not be installed or constructed under this section on property not
owned by the United States, unless the contract contains—
       (l)a provision for reimbursing the United States for the
    fair value of the facilities at the completion or termination of
    the contract or within a reasonable time thereafter;
       (2)  an option in the United States to  acquire the underly-
    ing land; or
       (3)  an alternative provision that the  Secretary concerned
    considers to be adequate to protect the interests of the United
    States in the facilities.
   (c) Proceeds of  sales or reimbursements under this section shall
be paid into the Treasury as miscellaneous receipts, except to the
extent otherwise authorized by law with respect to property ac-
quired by the contractor. Aug. 10,1956, c. 1041, 70A Stat. 134.

                  1.4a ACT OF JULY  16, 1952

                      P.L. 82-557, 66 Stat. 725

                           AN ACT
To facilitate the performance of research and development work by and on

-------
            STATUTES AND LEGISLATIVE HISTORY          1727

  behalf of the Departments of the Army, the Navy, and the Air Force, and
  for other purposes.
  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That each of the
Secretaries of the military  departments is hereby authorized to
establish such advisory committees or panels as may be necessary
for the conduct of the research and development activities of his
department, and to employ such part-time advisory personnel as
they may deem necessary  in carrying out such activities. Persons
holding other offices  or  positions under  the  United  States for
which they  receive compensation, while serving as  members of
such committees, shall  receive  no additional compensation for
such service. Other members of  such committees and other part-
time advisory personnel so employed may serve without compensa-
tion or may receive compensation at a rate not to exceed $50 for
each day of  service, as determined by the appointing authority.
  SEC. 2. No provision of law prohibiting employment of or pay-
ment of compensation or expenses to any person not a citizen of
the United States shall apply to any expert, scientific, technical, or
professional person whose appointment or employment in connec-
tion with the research and development activities of the military
departments is determined by the Secretary concerned to be neces-
sary.
  SEC. 3. Contracts of the military departments for services and
use of facilities for research or  development may be made for a
term not to  exceed  five years, and may  be extended for an addi-
tional period not to exceed five years, subject to the availability of
appropriations therefor.
  SEC. 4. Any contract of the military departments for research
or development, or  both, may provide for the acquisition  or con-
struction by, or furnishing to, the contractor of such research,
developmental, or test facilities  and equipment as may be deter-
mined by the Secretary concerned to be necessary for the perform-
ance thereof. Such  research, developmental,  or test facilities and
equipment,  including specialized housing therefor,  may  be ac-
quired or constructed at  Government expense, and may  be fur-
nished to the contractor by lease, loan, or sale at fair value, and
with or without  reimbursement to the  Government for the use
thereof: Provided, That nothing contained in this subsection shall
be deemed to authorize new construction or improvements having
general utility: Provided  further,  That  nothing contained  herein
shall be  deemed to authorize the  installation or construction of
facilities on property not  owned by the Government which would

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1728               LEGAL COMPILATION—Am

not be readily removable or  separable without unreasonable  ex-
pense or unreasonable loss of value, unless adequate provision is
made in the contract for  (1) reimbursement to the Government of
the fair value of such facilities upon the completion or termination
of the contract, or within a reasonable time thereafter, or (2) an
                                                       [p. 725]

option in the Government to acquire the underlying land, or  (3)
such other provisions as  will in the opinion of the Secretary con-
cerned be adequate to protect the Government's  interest in such
facilities: And provided further, That all moneys arising from
sales or reimbursement under this section shall be covered into the
Treasury as miscellaneous receipts, except to  the extent otherwise
authorized by law with  respect to contractor-acquired property.
The Secretary of each of the military departments shall transmit
to the Congress reports covering contracts for research or devel-
opment entered into during each six months  following the enact-
ment of this Act. Each such report shall contain  (1) a list of each
contract for research or development entered into during such
period the total cost  of which to the Government will  exceed
$50,000, and (2) specific information with respect  to  each such
contract, except that  specific information the disclosure of which
he deems incompatible with the security of the United States may
be excluded from such reports.
   SEC. 5. With the approval  of the Secretary concerned, any con-
tract of the military departments for research or development, or
both, may provide that the Government will indemnify the con-
tractor against either or both of the following, to the extent that
they arise  out of the  direct performance of said contract and are
not compensated by insurance or otherwise :(1) Liability on ac-
count of claims  (including reasonable expenses of litigation or
settlement of such claims) by third persons, including employees
of the contractor, for death, bodily injury, or loss of or  damage to
property, arising as a result of a risk defined in the contract to be
unusually  hazardous:  [Provided, that any contract so providing
shall also contain appropriate provisions for  notice to the Govern-
ment of suits or actions  filed or claims made, against the contrac-
tor, with respect to  any alleged liability for such  death, bodily
injury, or loss of or damage to property, and  for  control of or
 assistance in the defense of any such suit, action, or claims, by the
Government, at its election;] and (2) loss of or damage to prop-
erty  of the contractor arising as a result of a risk defined in the
contract to be unusually hazardous:  And provided further, That

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            STATUTES AND LEGISLATIVE HISTORY          1729

no payment shall be made by the Government under authority of
this section unless the amount thereof shall first have been certi-
fied to be just and reasonable by the Secretary concerned or by an
official of the department designated for such purpose by the Sec-
retary. Any such payment may be made, with the approval of the
Secretary concerned, out of any funds obligated for the perform-
ance of  such contract or out of funds available for research and
development work  and  not otherwise  obligated; or  out  of  any
funds appropriated by the  Congress for the making of such pay-
ments.
  SEC. 6.  Each of the Secretaries of the military departments is
authorized to  prescribe, with the approval  of the Secretary of
Defense and of the Comptroller General  of the United States,
regulations for his department  stating the extent to which vouch-
ers for funds expended  under any contract for research or devel-
opment, or both, shall be subject to itemization, substantiation, or
certification prior to payment, without regard to the limitations of
other laws relating to the expenditure of public funds and ac-
counting therefor.
  SEC. 7.  Each of the Secretaries of the military departments is
authorized to delegate any authority provided by this Act to the
Under Secretary or any Assistant  Secretary of  his  department
and, except the authority under  the second proviso  in  section 4
hereof, the said Secretaries may delegate any authority provided
by this  Act to the chiefs  of the technical services, bureaus, or
offices and to one assistant
                                                       [p. 726]
to each such chief. The power to negotiate, execute, and administer
contracts  for research or development, or both, may be further
delegated, subject to the provisions of any other applicable law.
  Approved July 16,1952.

                                                       [P- 727]
     526-703 O - 73 - 37

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1730               LEGAL COMPILATION—AIR

   1.4a(l) HOUSE  COMMITTEE ON ARMED SERVICES
             H.R. REP. No. 548, 82d Cong., 1st Sess. (1951)
FACILITATING THE PERFORMANCE OF RESEARCH AND
DEVELOPMENT WORK BY AND ON BEHALF OF THE DE-
    PARTMENTS OF THE ARMY, NAVY, AND AIR FORCE
JUNE 12,1951.—Committed to the Committee of the Whole House on the State
               of the Union and ordered to be printed
  Mr. HEBEET from the Committee on Armed Services, submitted
                        the following

                        REPORT
                    [To accompany H.R. 1180]
  The Committee on Armed Services, to whom was referred the
bill (H.R. 1180)  to facilitate the performance of research and
development work by and on behalf of the Departments  of the
Army, the Navy, and the Air Force, and for other purposes, hav-
ing considered the same, report favorably thereon without amend-
ment and recommend that the bill do pass.
  The purpose of the proposed legislation is to provide the  armed
services with powers which are considered  to be  necessary to
facilitate the carrying on of their research and development pro-
grams.
  The recent war may truly  be called the  scientists'  war.  Of
course, the most spectacular evidence of this is the development of
the atomic bomb. Other known illustrations are the proximity
fuze, the myriad applications of radar, recoilless weapons, and the
use of infra-red in front-line combat. On the side of the  enemy
there were such things as the V-l guided missile, the V-2 rocket,
the sonic torpedo, and the snorkel submarine.
  The significance of this for our national security in the  future
has been well stated by Dr. Vannevar Bush,  in his report to the
President entitled, "Science—The Endless Frontier" :
  We cannot again rely on our allies to hold off the enemy while we struggle
  to catch up. There must be more—and more adequate—military research in
  peacetime.
  It must be remembered that on mobilization day the enemy will

-------
            STATUTES AND LEGISLATIVE  HISTORY          1731

have a far greater number of men under arms than the Allied
Nations. The logical answer on our part appears to be an equiva-
lent countersuperiority in arms and equipment as a result of our
"more — and more
adequate — military research  in  peacetime."  The  truth  of this
statement has been demonstrated by the early experience of UN
troops against the mass attacks of Communists in Korea.
  As a result of that experience, funds have been made available
for the acceleration of the research and development  program.
  Money alone, however,  will not enable the military departments
to meet their  research and  development  obligations. They must
have clear authority necessary to arrange and organize their re-
search and development work so as to secure the maximum results
for the funds expended. It  is for that reason that the Armed
Forces have joined in recommending the passage of H.R. 1180.
  This proposal does not require the increase of current appropri-
ations for research and development. The proposed legislation will
result in no increased cost to the Government, except to the extent
that unforeseen hazards may create liabilities under the indemnity
provisions contained in section 5 of the proposed bill. It is impossi-
ble to foresee the extent of such claims under these provisions, or
even whether justifiable claims will actually be made.
  Experience has shown conclusively how research and develop-
ment, its  personnel, and  its institutions,  must have  each of  the
elements of authority incorporated in this bill. This  can be demon-
strated by analyzing the bill section by section.

                     SECTIONAL  ANALYSIS

  Section 1 provides for the establishment of research and devel-
opment advisory committees or panels and the employment of such
part-time advisory personnel in each of the military departments
as they may  deem necessary in carrying out their research and
development activities. The wartime experience of the armed serv-
ices  has demonstrated  that such committees or panels and part-
time  consultants are  of  immeasurable aid to the research and
development programs of the armed services, because they focus
the greatest scientific minds  of the country on the planning and
execution of the research and development projects of the armed
services. The members of these committees or panels and such
advisory personnel should be permitted to serve either  with or
without compensation, and  should  be exempted from the laws

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1732               LEGAL COMPILATION—AIR

(sees. 281, 283, and 284  of title 18, U.S. Code)  which contain
certain statutory prohibitions and penalties which would be appli-
cable to all Federal employees, for example, in regard to the par-
ticipation in Government contracts or claims against the Govern-
ment. The most competent persons and efficient firms are those we
hope will accept appointments and contracts with the Government,
and may be in a position to lay valid claims against the Govern-
ment. These persons and firms should not be embarrassed by their
inter-relationship while in Government service. This section would
overcome the reluctance of such persons and firms and put them at
ease in accepting such  work. Past experience has shown that it is
in the best interests of the United States to utilize the experience
of the country's outstanding industrialists, scientists, and  educa-
tors who might be willing to accept pay, or fearful of liabilities
under the cited laws.
   Section 2 authorizes the employment of scientific and technical
persons, whether or not they are citizens of the United States. It is
                                                         [p. 2]

common knowledge that many of the leading experts in these fields
are noncitizens and this authority will permit the employment of
such persons under the provisions of Public Law 600,  Seventy-
ninth Congress.
   Section 3 provides for long-term contracts. Research and devel-
opment programs  must be planned far in advance  in order to
achieve and maintain  superior weapons and  equipment systems.
The individual projects which contribute to the over-all programs
are unpredictable  as to results  and as to the length of time re-
quired for completion. Continuing funds as authorized in Public
Law 604, Eighty-first  Congress, together with a 5-year contract
term plus provision for additional 5-year contract renewals, will
provide the necessary  continuity. Under the proposed system  the
Bureau of the Budget and the Congress would not  lose control
over appropriated funds.  In the case of each activity they would
be presented annually, with a single figure, representing the "bank
balance" of that activity. A large percentage of research and de-
velopment activities are conducted by contract with civilian insti-
tutions. The inability of the military services to  conform to estab-
lished business practices in making long-term contracts seriously
impairs this relationship. A  prospective contractor  hesitates to
commit a highly trained staff, recruited with difficulty, for fear of
termination of  the work when the contract is on a short-term
basis. Accelerated progress in critical fields may thus be retarded

-------
            STATUTES AND LEGISLATIVE HISTORY          1733

until a subsequent appropriation to cover an amendment or a new
contract can be justified. Authority to place long-term contracts is
considered essential to meet the foregoing requirements.
  Section 4 provides for the furnishing of necessary research,
development or test facilities to contractors, subject to adequate
protection of the Government's interests therein. It is the commit-
tee's understanding that, under the provisions of this section, the
military departments may utilize research and development funds
for the furnishing or construction of equipment or facilities for
the use of contractors where appropriate. Wartime experience in-
dicates that situations arise  in which contractors require special
facilities for the  performance of their  contracts. Since in many
cases these facilities would be of no use to them apart from the
performance of such contracts, they are unable to provide the
facilities at their own expense. On the other hand, to permit con-
tract prices to include sufficient amounts to cover the cost of  such
facilities would obviously be unfair to the Government in that the
Government would, in effect, be not only buying the  facilities, but
would then leave them in the possession of the contractor. The
solution proposed herein is to authorize the Government to provide
such facilities, at the same time protecting its interest therein.
  Section 5 provides authority  for the military departments to
agree to indemnify contractors against liability and loss resulting
from injury to persons or damage to property arising out of the
direct performance of a research and development contract, to the
extent that such losses are not compensated by insurance or other-
wise. In many cases,  contractors are  reluctant to undertake a
research or development contract  involving extremely hazardous
new developments without  adequate protection  in  the event of
liability resulting- from claims made as a result of damage from
those experiments.  No provisions  can be made
                                                          [p. 3]

for such protection by including a reserve in the contract price,
and the cost of insurance, if at all obtainable, would be prohibitive.
The solution is for the Government to agree to indemnify  such
contracts subject to the safeguards provided in this section.
  Section 6 provides authority for the Secretaries of the military
departments, with the approval of the  Secretary of Defense and
the Comptroller  General to promulgate regulations stating the
extent to  which vouchers for funds expended under any research
and development contract shall require itemization or substantia-
tion prior to payment. Universities and nonprofit institutions, in

-------
1734                LEGAL COMPILATION—Am

which  much research is conducted,  as  well as some commercial
organizations, are not equipped to handle the detailed vouchering
procedures and auditing technicalities required. Difficulty is expe-
rienced in  negotiating contracts with these institutions for that
proved highly satisfactory. The requirement of approval by the
Office of Scientific Research and Development during the war and
proved highly satisfactory. The requirement of approval by the
Secretary of Defense and the Comptroller General is an important
safeguard on the extent to which this authority will be used.
  Section 7 provides authority for the prompt publication of sci-
entific and technical information  developed by the departments,
which will be extremely useful in disseminating such information.
Frequently it  will be advantageous  for the departments to  avail
themselves of specialized  means of distribution of such informa-
tion, such as the use of the services and mailing lists of appropri-
ate learned societies. The current  situation of inflation, increased
costs, and the consequent shrinkage in media of  publication of
scientific work, plus increase scientific  activity, has resulted in
considerable difficulty in the publication of the findings of scien-
tific work. Scientific progress  is  directly related to the prompt
dissemination of technical data to  others who are engaged in simi-
lar work. It is to  the interest of the military service to assist in
such dissemination  of information, subject to security controls.
This section excludes the publication of such  material from the
provisions of  law which  generally  require that  all  printing for
Government agencies shall be  done at  the Government Printing
Office.
   Section 8 authorizes the Secretaries of the military departments
to delegate any authority provided by this act to  the Under or
Assistant Secretaries of the Departments, the Chiefs of the Tech-
nical Service bureaus or offices, and to  one assistant of each such
chief.  Such delegation  of authority is  normal and is  considered
essential in order to achieve the necessary facility and flexibility
of operation.
   There can be no question that the future security of our Nation
depends largely upon our military research and development pro-
gram. The purpose of  the proposed bill  is to  provide  the  armed
services with adequate means  for properly discharging their re-
search and development functions.
   As previously noted, it is impossible  to predict  unforeseen haz-
ards which may create liabilities  under the indemnity provisions
contained in section 5 of the proposed bill. It is the intention of the
committee that the departments  continue the current policy of

-------
             STATUTES AND LEGISLATIVE  HISTORY           1735


having contractors insure employees against hazards in doing re-
search  contract work where the premiums on such insurance are
not prohibitively costly. It is recognized that some of the under-
takings in the research and development contracts are so hazard-
ous that they cannot be insured
                                                              [P. 4]

in any amount. If such contracts are to  be undertaken,  and the
committee agrees that they must, there is no other solution than
that of having the Government agree to indemnify the contractor
if liability should be sustained by him. Except for this possibility,
the proposed legislation will  result in  no  increased cost to the
Government.
  The proposed legislation is a part of the Department of Defense
legislative program for  1951 and it has been approved by the
Bureau of the  Budget. The Department of Defense recommends
that it  be enacted by the Congress as is evidenced by the report of
the Secretary of Defense which is hereto attached and made a part
of this report :

                               ASSISTANT SECRETARY OF DEFENSE,
                                   Washington, D.C., January 5,1951.

Hon. SAM RAYBURN,

Speaker of the House of Representatives.

  MY DEAR MR. SPEAKER: There is forwarded herewith a draft of legislation
"to facilitate the performance of research  and development work  by and  on
behalf of the Army, the Navy, and the Air Force, and for other purposes,"
together with a sectional analysis thereof.
  This proposed legislation is a part of the Department of Defense Legislative
Program for 1951 and it has been approved by the Bureau  of the Budget.
The Department of  Defense recommends that it  be enacted by the  Congress.
  Purpose of the legislation: The purpose of this legislation is to provide the
military departments  with  administrative authority required to  carry  out
research and  development programs.  General  authority  for research and
development programs of the Departments of the Army and Air Force is
provided by the Army and Air Force Authorization Act of 1949,  while the
Department of the Navy carries out its research and development program
under  the  authority of the  act of August  1,  1946  (60  Stat. 779). The
National Security Act of 1947,  as amended, provides for the  authority of
the Secretary of  Defense and the Research and  Development Board with
respect to  all research and  development  programs of the Department  of
Defense. This legislation is  not designed to affect such general authorities
and relationships but merely to  provide the  military departments with
administrative powers which are essential, in order to effectively  implement
the general authority to conduct such programs.
  These essential powers are:
      (1) the appointment of research advisory committees;

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1736                 LEGAL COMPILATION—AIR

      (2) The employment of alien scientists and technicians;
      (3) The periodic renewal of research contracts;
      (4) The furnishing of Government facilities;
      (5) The indemnification against damage loss, where  the contractor is
    unable to procure insurance coverage;
      (6) A simplified voucher procedure, the requirements of which can be
    met by colleges, universities, institutes, and other contractors; and
      (7) The publication and dissemination of scientific and technical infor-
    mation.
  Legislative references: Legislation similar to this proposal was introduced
in the Eightieth Congress (S. 1560).  S. 1560 was passed by the  Senate  (S.
Kept. No. 1397), but was not reported out  of the House Committee before
adjournment.
  The Army and Air Force Authorization Act of 1949 (Public Law 604, 81st
Cong.) which was approved on July 10, 1950, authorized the Departments of
the Army and Air Force to conduct, engage, and participate in research and
development programs and to procure or  contract for facilities,  equipment,
services, and supplies to effectuate such programs. That act also provided  for
the continued availability of appropriations to the Departments of the Army,
Navy, and Air Force for research and development.
  Legislation identical with this proposal except for technical changes and  the
omission of  authority  for the continued availability of  appropriations  for
research and development in  the enclosed draft was included in the Depart-
ment of Defense legislative  program  for consideration by the  Eighty-first
Congress, second session, approved by the Bureau of the Budget, and intro-
duced in the Congress (S. 3521 and H.R. 8352). No further action was taken
by the Eighty-first Congress with respect to S. 3521 and H.R. 8352.
  Cost and budget data: Enactment of the proposed legislation should result
in no additional expenditure of public funds, except to the extent that unfore-
seen
                                                                  [P-6]

hazards may create liabilities under the indemnity provisions of the proposed
legislation. It is impossible  to  foresee the  extent  of  claims  under those
provisions.
  Department of Defense action agency: The Department  of the Army  has
been  designated  as  the representative of the Department of Defense for this
legislation.
      Sincerely  yours,
                                                          MARX LEVA.

   Existing comparable law  is printed below  on the left with the
bill (H.R.  1180)  on the right:

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               STATUTES AND LEGISLATIVE  HISTORY
                              1737
     EXISTING COMPARABLE LAW

ARMY AND AIR FORCE AUTHORIZATION
ACT OP 1949—RESEARCH AND DEVELOP-
        MENT AUTHORIZATION

         (Army Authority)

  SEC.  104.  The  Secretary  of  the
Army is hereby authorized to conduct,
engage, and  participate in research
and development programs related to
activities of the Army of the United
States and to procure, or contract for
the use of, such facilities, equipment,
services, and supplies  as may be re-
quired to effectuate such programs.

       (Air Force Authority)

  SEC. 205. The Secretary of the Air
Force is hereby authorized to conduct,
engage, and  participate in research
and development programs related to
activities of the Air Force of the Un-
ited States and to procure, or contract
for the use  of, such facilities, equip-
ment, services, and supplies as may be
required to effectuate such programs.

(Army, Navy, and Air Force  Appro-
        priation Authority)

  SEC. 303. (a) There  are hereby au-
thorized  to  be appropriated,  out  of
any moneys in the Treasury of the
United States not otherwise appropri-
ated, such sums as may be necessary
to carry out the purposes of this Act.
  (b) Moneys appropriated to the De-
partments of the Army, Navy, or Air
Force  for  procurement  of  technical
military equipment and supplies, the
construction of public works, and for
research and  development, including
moneys appropriated  to the  Depart-
ment  of the Navy for the procure-
ment, construction, and research and
development of guided missiles, which
are hereby authorized for the Depart-
ment of the Navy, shall remain avail-
able  until expended unless otherwise
provided in the appropriation act con-
cerned.
     EXISTING COMPARABLE LAW

ACT OF AUGUST 1, 1946 (60 STAT. 779)

      (Office of Naval Research)

   * * * That there is hereby created
and established  in  the Office of the
Secretary of the Navy  an Office of
Naval  Research,  which   shall  be
charged with such  duties relating to
(1)  the  encouragement,  promotion,
planning,  initiation, and  coordination,
of naval research; (2) the conduct of
naval research  in  augmentation of
and in conjunction  with  the research
and  development  conducted  by the
respective bureaus and other agencies
and offices of the Navy  Department;
and  (3)  the supervision, administra-
tion, and  control of activities within
or on behalf of the Department of the
Navy relating to patents,  inventions,
trade-marks, copyrights,  royalty pay-
ments, and  matters connected there-
with,  as may be prescribed by the Sec-
retary of  the Navy. All of the duties
of this Office shall be performed under
the authority of the Secretary of the
Navy and its orders  shall be consid-
ered as emanating from him and shall
have full force and effect as such.
   SEC. 2. At the head of the Office of
Naval Research there shall be  a Chief
of Naval  Research, appointed by the
President, by and with the advice and
consent of the Senate, for a term of
not to exceed three years, from among
officers not below the grade of com-
mander on the active list  of the Navy.
The  Chief of Naval Research  shall
have the same rank and shall be enti-
tled to the same pay, allowances, and
privileges  of  retirement as are now or
may hereafter be prescribed by or in
pursuance of maior chiefs  of bureaus
in the Navy Department.
   SEC. B. An officer on the active list
of the Navy may be  detailed  as As-
sistant Chief of  Naval Research, and
such officer  shall receive the  highest
pay of his grade and in case of the
death, resignation,  absence, or sick-

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1738
LEGAL COMPILATION—AIR
ness of the Chief of Naval Research,
shall, until otherwise directed by the
President as provided in Revised Stat-
utes, section 179  (U. S. C., title 5, sec.
6), perform the  duties of such chief
until  his  successor is appointed  or
such absence or sickness shall cease.
  SEC. 4. The Secretary of the Navy
is hereby  authorized  to  establish  a
Naval Research  Advisory Committee,
which  shall consist of not exceeding
fifteen persons to be appointed by the
Secretary from those persons  in civil-
ian life  who  are preeminent  in  the
fields of science,  research, and devel-
opment work.  One  member  of  such
committee  will be from  the  field of
medicine. The members of such  com-
mittee shall serve for such term or
terms  as the  Secretary may  specify,
and shall meet at such times  as may
be specified by the Secretary to con-
sult  with  and advise  the Chief of
Naval Operations and the Chief of the
Office of Naval Research. Each mem-
ber of such committee shall be entitled
to compensation in the  amount of $50
for each day or part of a  day  he shall
be  in attendance  at  any regularly
called  meeting of the  committee, to-
gether  with  reimbursement  for all
travel expenses  incident  to  such at-
tendance:  Provided, that nothing con-
tained in sections 41, 109, and 113 of
the Criminal  Code  (U.S.C., title 18,
sees.  93,  198, and 203) ;  in  Revised
Statutes, section  190 (U.S.C., title 5,
sec. 99); in section 19 (e) of the Con-
tract Settlement  Act of 1944  (Public
Law  395,  Seventy-eighth Congress);
or in any  other  provision of  Federal
law  imposing restrictions,   require-
ments, or  penalties in  relation to the
employment of persons, the perform-
ance  of  services, or  the  payment or
receipt of  compensation in connection
with any claim proceeding, or matter
involving  the  United  States, shall
apply to such persons solely by reason
of their appointment to and member-
ship on such committee.
  SEC. 5. (a)  There is hereby author-
              ized to be appropriated such amounts
              as may be necessary for the Office of
              Naval Research to carry out its func-
              tions as provided for herein, including
              such sums as may be required for ad-
              ministrative expenses, and the conduct
              of research and development work in
              Government facilities and  under con-
              tracts with private individuals, corpo-
              rations, and educational or  scientific
              institutions. Sufficient information rel-
              ative  to estimates  of appropriations
              for research by the several bureaus
              and offices shall be furnished  to the
              Chief of the Office of Naval Research
              to assist him in coordinating the Navy
              research program  and the  carrying
              out of such other duties as outlined in
              section 1.
                 (b) Any funds appropriated to ena-
              ble the Office of Naval Research to
              carry out  its functions as provided for
              herein shall, if obligated  during the
              fiscal year for which appropriated, re-
              main  available  for expenditure  for
              four years following the expiration of
              the fiscal year for which appropriated.
              After  such a  four-year  period,  the
              unexpended balances  of  appropria-
              tions  shall be carried to the surplus
              fund and covered into the Treasury.
                 SEC. 6.  Within the limits of availa-
              ble appropriations,  the  Secretary of
              the Navy, and by direction of the Sec-
              retary, of Chief of the Office of Naval
              Research and the chiefs of all bureaus
              of the  Navy  Department  may enter
              into contracts, or amendments or mod-
              ifications  of contracts,  for services
              and materials necessary for the mak-
              ing and  securing  of reports,  tests,
              models, apparatus, and  for  the con-
              ducting of research, without  perform-
              ance or other bonds, and without re-
              gard  to section 3709  of the  Revised
              Statutes (U.S.C., title 41, sec. 5), sec-
              tion  3718 of  the   Revised  Statutes
              (U.S.C., title 34,  sec. 561), section
              3719 of the Revised Statutes (U.S.C.,
              title 34, sec. 562), section 3720 of the
              Revised Statutes (U.  S.  C., title 34,
              sec. 563)  section 3722 of the Revised

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               STATUTES  AND LEGISLATIVE  HISTORY
                               1739
Statutes (U. S. C., title 34, sec. 572),
and may make advance, progress, and
other payments with respect to such
contracts without regard to the provi-
sions of section 3648  of the Revised
Statutes (U.S.C.,  title  31, sec. 529) :
Provided, That nothing herein shall be
construed to authorize  the use of the
cost-plus-a-percentage-of-cost  system
of contracting.
  SEC. 7.  The Secretary of the Navy
is authorized to transfer to the Office
of Naval Research, as in his judgment
may  be  necessary and appropriate,
such  research and  development func-
tions as are now assigned to the var-
ious bureaus and  other agencies  and
offices of  the Navy Department, to-
gether with  any  or   all  personnel,
buildings, facilities, and other prop-
erty  used   in   the   administration
thereof, including without limitations
the Special  Devices Division and the
Naval Research Laboratory.
NATIONAL SECURITY ACT OF  1947, AS
AMENDED BY THE  NATIONAL  SECURITY
      ACT AMENDMENTS OF 1949.

  (Research and Development Board)

  "SEC. 214. (a) There is hereby es-
tablished in the Department of De-
fense a  Research  and  Development
Board (hereinafter in this section re-
ferred to as the 'Board'), The Board
shall be composed of a Chairman, who
shall be  the head thereof  and  who
shall, subject to the authority of the
Secretary of Defense and in respect to
such matters authorized by him, have
the power of decision on matters fall-
ing  within  the  jurisdiction  of  the
Board, and  two representatives from
each of the Departments of the Army,
Navy, and Air Force, to be designated
by the Secretaries of their respective
Departments. The Chairman shall be
appointed from civilian life by  the
President, by and with the advice and
consent  of the Senate, and  shall re-
ceive compensation at  the  rate  of
$14,000 a  year.  The purpose of the
Board shall be to advise the Secretary
of Defense as to the status of scien-
tific research  relative to the  national
security, and to assist him in assuring
adequate provision for research and
development on scientific problems re-
lating to the national security.
  "(b)  Subject  to  the authority and
direction of the  Secretary of Defense,
the Board  shall perform the following
duties and such other  duties as  the
Secretary  of Defense may  prescribe:
  "(1)  preparation of a complete and
integrated  program of research and
development for military purposes;
  " (2)  advising with regard to trends
in scientific research relating to  na-
tional security and the measures nec-
essary  to  assure continued  and  in-
creasing progress:
  "(3)  coordination of research and
development among the military  de-
partments, and allocation among them
of  responsibilities  for specific  pro-
grams ;
  "(4)  formulation of policy for  the
Department of Defense in connection
with  research and  development mat-
ters involving agencies outside the De-
partment of Defense; and
  "(5)  consideration of the  interac-
tion of  research and development and
strategy,   and  advising   the  Joint
Chiefs  of  Staff in connection there-
with.
  "(c)  When the  Chairman  of  the
Board first appointed has taken office,
the Joint Research and  Development
Board shall cease to exist  and all its
records  and personnel shall be trans-
ferred to the  Research and Develop-
ment  Board.
  "(d)  The Secretary of Defense shall
provide  the Board with such personnel
and  facilities  as the Secretary may
determine to be required by the Board
for the  performance of its functions."

                              [P-10]

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1740
LEGAL COMPILATION—AIR
       THE BILL (H. R. 1180)

A BILL to facilitate the performance of re-
 eearch and  development work by  and on
 behalf of the Departments of the Army, the
 Navy, and the  Air  Force, and for other
 purposes.

  That each of the Secretaries of the
military  departments is hereby  au-
thorized  to establish such  advisory
committees or panels as may be neces-
sary for the conduct of the research
and  development activities of  his de-
partment, and to employ  such part-
time advisory personnel as they may
deem necessary in  carrying  out such
activities. Persons holding other offices
or positions under  the United States
for which they  receive compensation,
while serving  as  members  of  such
committees, shall receive no additional
compensation for such services. Other
members of such committees and other
part-time advisory  personnel  so  em-
ployed may serve without compensa-
tion or may receive compensation at a
rate not to exceed $50 for each day of
service, as determined by the appoint-
ing authorities.
  Service of an individual as a mem-
ber  of any such advisory committee,
or in any other part-time capacity for
a department herevmder, shall not be
considered as service bringing such in-
dividual  within  the  provisions  of sec-
tion 281, 283, or 284 of title 18, United
States Code,  unless  the act of such
individual,  which by such section  is
made unlawful when performed by an
individual referred to in such  section,
is with respect to any particular mat-
ter which directly  involves a  depart-
ment which such person is advising or
in which such department is directly
interested. The provisions of the Act
of  July  12, 1870  (Revised  Statutes,
3679), as amended shall not apply to
the acceptance of voluntary service of
any  member of  any  committee or
panel authorized by this section.
   SEC. 2. No provision of law  prohib-
iting employment  of or payment of
              compensation or expenses to any per-
              son not a citizen of the United States
              shall
                                             tp-6]

              apply to  any expert,  scientific, tech-
              nical, or  professional  person whose
              appointment or employment in con-
              nection  with the research and  devel-
              opment  activities  of  the  military
              departments is determined by the Sec-
              retary concerned to be necessary.
                SEC. 3. Contracts of the military de-
              partments for services  and use  of fa-
              cilities  for research or  development
              may be made for a term not to exceed
              five  years,  and may be extended for
              an additional period not to exceed five
              years, subject to the  availability of
              appropriations therefor.
                SEC 4. Any contract of the military
              departments for research  or develop-
              ment, or  both,  may  provide for the
              acquisition or construction, by, or fur-
              nishing to, the contractor of such re-
              search,  developmental,  or test  facili-
              ties  and equipment as  may be  deter-
              mined by  the Secretary concerned to
              be  necessary  for  the  performance
              thereof. Such research, developmental,
              or test facilities  and  equipment, in-
              cluding specialized housing therefor,
              may  be  acquired  or constructed at
              Government expense, and may be fur-
              nished to the contractor by lease, loan,
              or  sale  at fair value, and  with or
              without reimbursement to the Govern-
              ment for  the use  thereof:  Provided,
              That nothing contained in this subsec-
              tion shall be deemed to authorize new
              construction or improvements having
              general   utility:  Provided  further,
              That nothing contained herein shall be
              deemed to authorize the installation or
              construction of facilities on property
              not  owned by  the  Government  which
              would not be  readily removable or
              separable  without  unreasonable ex-
              pense or unreasonable loss of  value,
              unless adequate provision is made in
              the contract for (1) reimbursement to

-------
               STATUTES  AND LEGISLATIVE  HISTORY
                               1741
the Government of the fair value of
such facilities upon the completion or
termination of the contract, or within
a  reasonable time thereafter, or  (2)
an option  in  the  Government to ac-
quire the underlying land, or (3) such
other provisions as will in the opinion
of  the  Secretary  concerned  be ade-
quate to protect the Government's in-
terest in such facilities: And provided
further, That all moneys arising from
sales or reimbursement under this sec-
tion shall be covered  into the Treas-
ury as  miscellaneous  receipts, except
to the extent otherwise authorized by
law with  respect  to contractor-ac-
quired property.
                               [p. 7]

   SEC.  5. With the approval  of  the
Secretary concerned, any contract of
the military departments for research
or development, or both, may provide
that the Government  will indemnify
the contractor against either  or both
of the  following,  to  the  extent that
they arise  out of the  direct perform-
ance of  said contract and are not com-
pensated by insurance or otherwise:
(1) Liability on account of claims (in-
cluding  reasonable expenses of litiga-
tion or  settlement of such claims) by
third  persons, including employees of
the contractor, for  death, bodily in-
jury, or loss of or damage to property,
arising  as a result of a risk defined in
the contract to be unusually  hazard-
ous: Provided, That  any contract so
providing shall also contain appropri-
ate provisions for notice  to the Gov-
ernment of suits  or actions  filed  or
claims made,  against  the contractor,
with  respect to any alleged  liability
for such death, bodily injury, or loss
of or damage to property,  and for con-
trol of or assistance in the defense of
any such suit, action, or claims, by the
Government, at its election; and  (2)
loss of  or damage to property of the
contractor arising as a result of a risk
defined in the contract to be unusually
hazardous:  And  provided  further,
That no payment shall be made by the
Government under authority of this
section  unless  the   amount  thereof
shall first have been certified  to  be
just and reasonable  by the Secretary
concerned or by an  official of the de-
partment designated for such purpose
by  the Secretary. Any such payment
may be made, with the approval of the
Secretary concerned, out of any funds
obligated for the performance of such
contract  or out of funds available for
research  and  development work and
not otherwise obligated; or out of any
funds appropriated  by the Congress
for the making of such payments.
  SEC. 6. Each  of the Secretaries  of
the military department is authorized
to prescribe, with the approval of the
Secretary  of   Defense  and  of  the
Comptroller General  of  the  United
States, regulations for his department
stating- the extent to which  vouchers
for funds  expended  under any con-
tract for research or development,  01
both, shall be subject to itemization,
substantiation, or certification prior to
payment,  without regard to the limi-
tations of other laws  relating to the
expenditure of public funds and ac-
counting therefor,
  SEC. 7.  Each  of the Secretaries  of
the military departments is authorized
to arrange for the publication of sci-
entific and technical information re-
sulting from
                               Cp. 8]

the research and development activi-
ties of his department, so as to further
the full dissemination of information
of scientific value consistent with the
national  interest without regard  to
the provisions of section 87 of the Act
of January 12,  1895 (28 Stat. 662),
as amended, or of section 2 of the act
of June  30, 1906  (34 Stat.  762),  as
amended.
  SEC. 8. Each  of the Secretaries  of
the military departments is authorized
to delegate any authority provided  by

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1742
LEGAL COMPILATION—Am
this  Act to the Under Secretary  or
any Assistant Secretary of his depart-
ment and, except the authority under
the second proviso in section 4 hereof,
the said Secretaries may delegate any
authority provided by this Act to  the
chiefs of the  technical  services, bur-
eaus, or offices and to one assistant to
              each such chief. The power to negoti-
              ate, execute, and administer contracts
              for research or development, or both,
              may be further delegated, subject to
              the provisions of any other applicable
              law.

                                             [P-91

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            STATUTES AND LEGISLATIVE HISTORY          1743

   1.4a(2) SENATE COMMITTEE ON ARMED SERVICES
              S. REP. No. 936, 82d Cong., 1st Sess. (1951)

FACILITATING THE PERFORMANCE OF RESEARCH AND
DEVELOPMENT WORK BY AND ON BEHALF OF THE DE-
PARTMENTS OF THE ARMY, THE NAVY, AND THE AIR
                         FORCE
    OCTOBER 11 (legislative day, OCTOBER 1) 1951.—Ordered to be printed
Mr. STENNIS, from the Committee on Armed Services, submitted
                       the following


                       REPORT

                   [To accompany H. R. 1180]

  The Committee on Armed Services, to whom was referred the
bill H. R. 1180, to facilitate the performance of research  and
development work by and on behalf of the Departments of the
Army, the Navy, and the Air Force, and for other purposes, hav-
ing considered the same, report favorably thereon, without amend-
ments, and recommend that the bill do pass.

                    PURPOSE OF THE BILL

  The proposed legislation would provide the three military de-
partments with certain administrative authority required to carry
out their research and development programs.

                 EXPLANATION OF THE BILL

Background of the pending bill
  The bill is substantially the same as S. 1560, Eightieth  Con-
gress, which was passed by the  Senate on June 1, 1948, but con-
cerning which no action was taken by the House of Representa-
tives. The pending bill introduces no change in policy or procedure
not contemplated in S. 1560, Eightieth Congress.

General authority for research and development
  The Army and Air Force Organization Act of 1949 contains

-------
1744               LEGAL COMPILATION — Am

general authority for research and  development programs to be
carried out by the Departments of the Army and Air Force. The
Department of the Navy carries out its research and development
program under the authority of the act of August 1, 1946 (60
Stat. 779). The National Security Act of 1947, as amended by the
National Security Act Amendments of 1949, makes provision for
the authority of the Secretary of Defense and the Research and
Development Board with respect to research and development pro-
grams within the Department of Defense.
  H. R. 1180 does not disturb these general authorities and rela-
tionships  but is intended to provide the three military depart-
ments with certain administrative powers which are essential for
them  to implement the general authority which  they now have  to
conduct such programs.

Major provisions of the bill
  The more important administrative powers which the bill pro-
vides  are listed below :
   (1) The appointment of research advisory committees;
   (2) The employment of alien scientists and technicians ;
   (3) The periodic renewal of research contracts ;
   (4) The furnishing of Government facilities ;
   (5) The indemnification against damage loss, where the  con-
tractor is unable to procure insurance coverage ;

   (6) A simplified voucher procedure, the requirements of which
can be met by colleges, universities, institutes, and other contrac-
tors ; and
   (7) The publication and dissemination of scientific and techni-
cal information.
  A more detailed discussion of each of the sections of the bill is
contained in the section-by-section analysis which follows.

                 SECTION-BY-SECTION ANALYSIS

Section 1. Establishment  of research and  development advisory
    committees
  This  section  provides  for the establishment of research and
advisory committees and panels and for the employment of  such
part-time advisory personnel as the Secretaries deem necessary in
carrying out research and development activities.
  Wartime  experience demonstrated that  such  committees  or

-------
            STATUTES AND LEGISLATIVE HISTORY          1745

panels and part-time consultants were of invaluable assistance in
the conduct of research and development programs. Such groups
make it possible for the country to avail itself of the best scientific
minds to deal with both the planning and the execution of projects
of the type for which professional personnel of the armed services
are not particularly equipped.
  The bill provides that members of such committees and panels
and advisory personnel may serve either with or without compen-
sation and shall be exempt from the conflict of  interest sections of
title 18 of the United States Code.
  The authority to pay compensation at the rate of not to exceed
$50 per day of service is comparable to that contained in the 1949
amendments to the National Security Act. It should be pointed out
that this language does not constitute a new or separate authority
for the employment of consultants. The committee is mindful of
the fact
                                                         [p. 2]

that substantial numbers of consultants are already employed by
the Federal Government based upon authorizations contained in
various appropriations acts. One of the beneficial results of the
bill S. 913 (Mr. McClellan), which would establish a Joint Budget
Committee service and work on the Federal budget, would be a
scrutiny  of the justifications for selection and employment of this
category of personnel.
Section 2. Employment of noncitizens
  This section authorizes the employment of scientific and techni-
cal persons, whether or not they are citizens of the United States.
Many of  the experts in these fields are noncitizens and this author-
ity will permit the employment of such persons  under the provi-
sions of Public Law 600, Seventy-ninth Congress.
Section 3. Contracts
  This section provides for long-term contracts. Research and de-
velopment programs must be planned far in advance. The individ-
ual projects which contribute to the over-all programs are unpred-
ictable both as to results and as to the length of time required for
completion. Continuing funds as authorized in the Army and Air
Force Authorization Act of 1949, together with a 5-year contract
term plus provision for additional 5-year  contract renewals, will
provide the necessary continuity. Under the proposed system the
Bureau of  the  Budget and the Congress  would not lose control
over appropriated funds. In the case of  each activity  Congress
    526-703 O - 73 - 38

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1746                LEGAL COMPILATION—AIR

would be presented annually with a single figure representing the
"bank balance" of that activity.
  A large percentage of research and development activities are
conducted by contract with civilian  institutions. The inability of
the military services to conform  to established business practices
in making long-term contracts seriously impairs this relationship.
A prospective  contractor hesitates  to  commit  a highly trained
staff, recruited with difficulty, for fear of termination of the work
when the contract is on a short-term basis. Accelerated progress
in critical fields may thus  be awarded until a subsequent appro-
priation to cover an amendment and new contract can be justified.
Authority to place long-term contracts is considered essential to
meet the foregoing requirements.
Section 4. Furnishing of certain  essential facilities to contractors
  This section  provides for the furnishing of necessary research,
developmental or test facilities to contractors, subject to adequate
protection of the Government's interests therein. Under the provi-
sions of this section, the military departments may utilize research
and development funds for the furnishing or construction of
equipment or facilities for the use of contractors where appropri-
ate. Wartime experience indicates that situations arise in which
contractors require special facilities for the performance of  their
contracts. Since in many cases these facilities would be of no use
to them apart  from the performance of such contracts, they are
unable to provide the facilities at their own expense. On the other
hand, to permit contract prices  to  include sufficient amounts to
cover the cost of such facilities, would obviously be unfair to the
Government in that the Government would,
                                                          [p. 3]

in effect, be not only buying the facilities, but would  then  leave
them in the possession of the contractor. The  solution proposed
herein is to authorize the  Government to provide  such facilities,
at the same time protecting  its interest therein.

Section 5. Authority to indemnify contractors against liability and
     loss arising from injury or damage
   This section provides authority for the military departments to
agree to indemnify contractors against liability and loss resulting
from injury to persons or damage to property  arising out of the
direct performance of a research and development contract, to the
extent that such losses are not compensated by insurance or other-
wise. In many cases, contractors are reluctant to undertake a

-------
            STATUTES AND LEGISLATIVE HISTORY          1747

research or development contract involving extremely hazardous
new developments without securing adequate protection  in  the
event of liability resulting from claims made as a result of damage
from those experiments.  No provision can be  made for such pro-
tection by including a reserve in the contract price, and the  cost of
insurance, if at all obtainable, would be prohibitive. The solution
is for the Government to agree to indemnify such a  contractor,
subject to the safeguards provided in this section.

Section 6. Simplified vouchering procedures
   This  section provides authority for the Secretaries of the mili-
tary departments, with the approval of the Secretary  of Defense
and the Comptroller General to promulgate regulations stating the
extent to which vouchers for funds expended  under any research
and development contract shall require  itemization or substantia-
tion prior to payment. Universities  and nonprofit institutions, in
which much research is conducted,  as  well as some commercial
organizations, are not equipped to handle the  detailed  vouchering
procedures and auditing  technicalities required. Difficulty is expe-
rienced in negotiating contracts  with these institutions for that
reason. Relaxed procedures were  applied to contracts let  by the
Office of Scientific Research and Development  during the war and
proved  highly satisfactory. The requirement  of approval  by the
Secretary of Defense  and the Comptroller General is an important
safeguard on the extent to which this authority will be used.
Section 7. Authorization for scientific and technical publications
   This  section 7 provides authority for the prompt publication of
scientific and technical information developed  by the departments,
which will be extremely useful in disseminating such information.
It frequently  will be advantageous  for the departments to avail
themselves of specialized means of distribution of such informa-
tion, such as the use of the services and mailing lists of appropri-
ate learned societies.  The current situation of inflation, increased
costs, and the consequent shrinkage in media of  publication of
scientific work, plus  increased scientific activity, has  resulted in
considerable difficulty in the publication of the findings of scien-
tific work.  Scientific  progress is  directly  related to the prompt
dissemination of technical data to others who are engaged in simi-
lar work. It is to the interest of the military service to assist in
such dissemination of information, subject to security controls.
This section provides the means to that end, and also excludes
such material from the provisions of law which
                                                          [p. 4]

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1748               LEGAL COMPILATION—AIR

generally require that all printing for Government agencies shall
be done at the Government Printing Office.

Section 8. Delegation of authority
  This section authorizes the Secretaries  of the military depart-
ments to delegate any authority provided by this act to the Under
or Assistant Secretaries of the Departments, the chiefs of the
technical services, bureaus or offices, and to one assistant of each
such chief. Such delegation of authority is normal and is consid-
ered essential in order to achieve the necessary facility and flexibil-
ity of operation.

                         CONCLUSION

  There can be no question that the future security of our Nation
depends largely upon our military research and development pro-
grams. The purpose of the proposed bill is to provide the armed
services with adequate means for properly discharging  their  re-
search and development responsibilities.
  As previously noted, it is impossible to  predict unforeseen haz-
ards which may create liabilities under the indemnity provisions
contained in section 5 of the proposed bill. It is anticipated that
the departments will continue their current policy of having con-
tractors insure employees against hazards in doing research con-
tract work  where the premiums on such insurance are  not pro-
hibitively costly. It is recognized that some of the undertakings in
the research and development contracts are so hazardous that they
cannot be  insured in any amount.  If  such contracts are to  be
undertaken there is no  other  solution than that of having  the
Government agree to indemnify the contractor if liability should
be  sustained by  him.  Except for this possibility, the  proposed
legislation will result in no increased cost to the Government.

          RECOMMENDATION OP DEPAETMENT OF DEFENSE

   The proposed legislation is a part of the Department of Defense
legislative program for  1951 and it has been approved by  the
Bureau of the Budget. The Department  of Defense recommends
that it be enacted by the Congress as is evidenced by the  report of
the Secretary of Defense which is hereto attached and made a part
of this report.

-------
              STATUTES  AND LEGISLATIVE HISTORY            1749

                                 ASSISTANT SECRETARY OF DEFENSE,
                                  Washington 25, D. C., January 5,1951.
Hon. RICHARD B. RUSSELL
Chairman, Committee on Armed Services,
United States Senate.

  DEAR MR. CHAIRMAN: There is forwarded herewith  a draft of legislation to
facilitate the performance of research and development work by and on behalf
of the Army, the Navy, and the Air Force, and for other purposes,  together
with a sectional analysis thereof.
  This proposed legislation  is a part of the Department of Defense legislative
program for 1951 and it has been approved by the Bureau of the Budget. The
Department of Defense recommends that it be enacted by the Congress.
  Purpose of the legislation.—The purpose of this legislation is to provide the
military departments with administrative  authority required to carry out
research and development programs. General  authority for research and de-
velopment programs of the  Departments  of the  Army and  Air Force is
provided by the Army and Air Force Authorization  Act of 1949, while the
Department of the
                                                                  [p.6]

Navy carries out its research and development program under the authority
of the act of August 1, 1946 (60 Stat.  779). The  National Security Act of
1947, as amended, provides for the authority of the  Secretary of Defense and
the Research and Development Board with respect  to all research and devel-
opment programs  of the  Department of  Defense. This  legislation is not
designed to  affect  such general authorities and relationships but merely to
provide the military departments with administrative powers which are essen-
tial in order to effectively implement the general authority to conduct such
programs.
  These essential powers are:
     (1) The appointment of research advisory committees;
     (2) The employment of alien scientists and technicians;
     (3) The periodic renewal of research contracts;
     (4) The furnishing of Government facilities;
     (5) The  indemnification  against damage loss, where the contractor is
unable to procure insurance coverage;
     (6) A simplified voucher procedure, the requirements of which can be met
by colleges, universities, institutes, and other contractors; and
     (7) The publication and dissemination of scientific and technical informa-
tion.
  Legislative references.—Legislation similar  to this proposal was introduced
in the Eightieth Congress (S. 1560). S. 1560 was  passed by the Senate  (S.
Rept. No. 1397), but was not reported out of the House committee before
adjournment.
  The Army and Air Force Authorization Act of 1949 (Public Law 604, 81st
Cong.) which was  approved on July 10,  1950, authorized the Departments of
the Army and Air Force to conduct, engage, and participate in research and
development programs and to procure or contract for  facilities, equipment,
services, and supplies to effectuate such programs. That act also provided for
the continued availability of appropriations to the Departments of the Army,
Navy, and Air Force for research and development.

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1750                 LEGAL COMPILATION—Am

  Legislation identical with this proposal except for technical changes and the
omission of authority for the continued availability of appropriations  for
research and development in the enclosed draft, was included in the Depart-
ment of Defense  legislative  program for consideration by the Eighty-first
Congress, second session, approved by the Bureau of the Budget, and intro-
duced in the Congress (S. 3521 and H. R. 8352). No further action was taken
by the Eighty-first Congress with respect to S. 3521 and H. B. 8352.
  Cost and budget data.—Enactment of the proposed legislation should result
in no additional expenditure of public funds, except to the extent that unfore-
seen hazards may create liabilities under the indemnity  provisions of  the
proposed legislation. It is impossible to foresee the extent of  claims under
those provisions.
  Department of Defense action agency.—The Department of the Army  has
been designated as the representative of the Department of Defense for this
legislation.
      Sincerely yours,
                                                          MARX LEVA.

   The  following  statutes set  forth  existing provisions  of  law
which  are related to the  authority recommended  in the proposed
legislation and  are included in this report as a matter of conveni-
ence :

ARMY AND AIR FORCE AUTHORIZATION ACT OF 1949—RESEARCH AND  DEVELOP-
                         MENT AUTHORIZATION

                            (Army authority)

  SEC. 104. The Secretary of the Army is hereby authorized to conduct, engage
and participate in research and development programs related to activities of
the Army of the "United States and to procure, or contract for the use of, such
facilities, equipment, services, and supplies as may be required to effectuate
such programs.

                         (Air Force Authority)

   SEC. 205. The Secretary of the Air Force is  hereby authorized to conduct,
engage,  and participate  in research and development  programs related to
activities of the Air Force of the United States and to procure, or contract for
the use of, such facilities, equipment, services, and supplies as may be re-
quired to effectuate such programs.
                                                                  [p. 6]

           (Army, Navy, and Air Force Appropriation Authority)

   SEC. 303. (a) There are hereby authorized to be appropriated, out of  any
moneys in the Treasury of the United States not otherwise appropriated, such
sums as may be necessary to carry out the purposes of this Act.
   (b) Moneys appropriated to the Department of the  Army,  Navy, or Air
Force for procurement of technical  military  equipment  and supplies, the
construction of public works, and for research and development,  including
moneys appropriated to the  Department of the Navy for the procurement,

-------
              STATUTES AND LEGISLATIVE HISTORY            1751

construction, and research and  development of guided missiles, which are
hereby authorized for  the Department of the Navy,  shall remain  available
until expended unless otherwise provided  in the appropriation Act concerned.

                   ACT OF AUGUST 1,1946 (60 STAT. 779)

                        (Office of Naval Research)

 * * * That there  is  hereby  created  and established in the  Office  of the
Secretary of the Navy an Office of Naval Research, which shall be charged
with such duties relating to  (1)  the  encouragement, promotion, planning,
initiation, and  coordination, of  naval  research;  (2) the conduct  of naval
research in augmentation of and in conjunction with the research and develop-
ment conducted by the respective bureaus and other agencies and offices of the
Navy Department;  and (3) the supervision, administration, and control of
activities within or on behalf of the Department of the Navy relating to
patents, inventions, trademarks, copyrights,  royalty payments,  and matters
connected therewith; as may be prescribed by the Secretary of the Navy. All
of the duties of this Office shall be performed under the authority  of the
Secretary of the Navy  and its orders shall be considered as emanating from
him and shall have full  force and effect as such.
  SEC. 2. At the head of the Office of Naval Research there shall be a Chief of
Naval Research,  appointed by the President, by  and with the advice  and
consent of the Senate, for a term of not to exceed 3 years, from among  officers
not below the grade of commander on the  active list of the Navy. The Chief of
Naval Research shall have the same rank and shall be entitled to  the same
pay, allowances, and privileges of retirement  as are now or may hereafter be
prescribed by or in pursuance of law for  chiefs of bureaus  in the Navy
Department.
  SEC. 3. An officer on the active list of the Navy may be detailed as Assistant
Chief of Naval Research, and such officer shall receive the highest pay of his
grade and in case of the death, resignation, absence, or sickness of the Chief
of Naval Research, shall, until otherwise directed by the President as provided
in Revised Statutes, section 179 (U.S.C., title  5, sec. 6), perform  the duties of
such chief until his successor is  appointed or such absence or sickness  shall
cease.
  SEC. 4. The Secretary of the Navy is hereby authorized to establish a Naval
Research Advisory  Committee, which shall  consist of not exceeding  fifteen
persons to be appointed by the Secretary from those persons in civilian life
who are preeminent in the fields of science, research, and  development work.
One member of such committee will be from  the field of medicine. The mem-
bers of such committee shall serve for such term or terms as the Secretary
may specify, and shall meet at such times  as may be specified by the Secretary
to consult with and  advise the Chief of Naval  Operations and the Chief of the
Office of Naval Research. Each member of such committee  shall be entitled to
compensation in the amount of $50 for each day or part of a day he shall be in
attendance at any regularly called  meeting of the committee, together with
reimbursement for all travel expenses incident to such attendance: Provided,
That  nothing contained in sections 41, 109,  and 113 of the Criminal  Code
(U.S.C.,  title 18, sees. 93, 198,  and 203); in Revised Statutes, section 190
(U.S.C., title 5, sec. 99); in sections 19 (e) of the Contract Settlement Act of
1944 (Public Law 395, Seventy-eighth Congress) ; or in any other provision of

-------
1752                  LEGAL COMPILATION—AIR

Federal law imposing restrictions, requirements, or penalties in relation to the
employment of persons, the performance of services, or the payment or receipt
of compensation in connection with any claim proceeding, or matter involving
the United  States, shall  apply to  such persons solely by reason  of  their
appointment to and membership on such committees.
  SEC. 5. (a) There is hereby authorized to be appropriated such amounts as
may be necessary for the Office of Naval Research to carry out its functions
as provided for herein, including such sums as may be required for  adminis-
trative
                                                                   [p-7]

expenses,  and  the conduct  of research  and development work  in  Gov-
ernment facilities and under  contracts with private individuals, corporations,
and  educational or scientific institutions.  Sufficient information  relative to
estimates of appropriations for research by the  several bureaus  and offices
shall be furnished to the Chief of the Office of Naval Research to assist him in
coordinating the Navy research program and the carrying out of such  other
duties as outlined in .section 1.
   (b) Any funds appropriated to enable the Office of Naval Research to carry
out its  functions as provided for herein shall, if obligated during the  fiscal
year for which appropriated, remain available for expenditure for 4 years
following the expiration of the fiscal year for which appropriated.  After such
a 4-year period, the unexpended balances of appropriations shall be carried to
the surplus fund and covered  into the Treasury.
  SEC. 6. Within the limits of available appropriations, the Secretary of the
Navy, and,  by direction  of the Secretary, the Chief  of the Office of Naval
Research and  the chiefs  of all  bureaus of the Navy  Department may  enter
into contracts, or amendments or modifications of contracts, for services and
materials  necessary  for  the  making  and securing of reports,  tests, models,
apparatus, and for the conducting of research, without performance or  other
bonds, and without regard to section 3709 of the Revised Statutes (U.S.C.,
title 41, sec. 5), section  3718 of the  Revised  Statutes  (U.S.C., title 34, sec.
561), section 3719  of  the Revised Statutes (U.S.C., title 34, sec 562), section
3720 of the Revised  Statutes (U.S.C., title 34, sec. 563), section 3722 of the
Revised Statutes (U.S.C., title 34, sec. 572), and may make advance, progress,
and  other payments  with respect to such contracts  without regard to the
provisions of section 3648 of  the Revised Statutes (U.S.C., title 31, sec. 529):
Provided,  That nothing herein shall be construed to authorize the use of the
cost-plus-a-percentage-of-cost system of contracting.
  SEC. 7. The Secretary of the Navy is authorized to transfer to the Office of
Naval Research, as in his judgment may be necessary and appropriate, such
research and development functions as are now assigned to the various bur-
eaus and other agencies  and offices of the Navy Department,  together with
any or all personnel, buildings,  facilities, and other property used in the
administration thereof, including without limitation the Special Devices Divi-
sion and the Naval Research Laboratory.

                        ACT AMENDMENTS OF 1949
NATIONAL SECURITY ACT OF  1947, AS AMENDED BY THE NATIONAL SECURITY

                    (Research and Development Board)

  "SEC. 214. (a) There is hereby established  in the Department of Defense  a

-------
              STATUTES AND LEGISLATIVE HISTORY            1753

Research and Development Board  (hereinafter in this section referred to as
the 'Board')- The Board shall be composed of a Chairman, who shall be the
head thereof and who  shall,  subject to the authority of the Secretary of
Defense and in respect to such matters authorized by him, have the power of
decision on matters falling within the jurisdiction of the Board, and  two
representatives from each of the Departments of the Army, Navy, and Air
Force, to be designated by the Secretaries of their respective Departments.
The Chairman shall be  appointed from civilian life by the President, by and
with the advice and consent of the Senate, and shall receive compensation at
the rate of $14,000  a year. The  purpose of the Board shall be to advise the
Secretary of Defense as  to the  status of scientific research relative to the
national security, and  to assist  him in assuring adequate provision  for re-
search and development on scientific problems relating to the national secu-
rity.
  "(b) Subject to the authority and direction of the Secretary of Defense, the
Board shall perform the following duties and such other duties as the Secre-
tary of Defense may prescribe:
  "(1) preparation  of  a  complete and  integrated program of research  and
development for military purposes ;
  "(2) advising with regard  to trends in scientific research relating to na-
tional security and the  measures necessary to assure continued and increasing
progress ;
  "(3) coordination of research  and development among the military depart-
ments, and allocation among them of responsibilities for specific programs;
  "(4) formulation of  policy for  the Department  of Defense in connection
with research and development matters involving agencies outside the Depart-
ment of Defense; and
  "(5)  consideration of  the  interaction  of  research and development  and
strategy, and advising the Joint Chiefs of Staff in connection therewith.

                                                                   [p. 8]

  "(c) When the Chairman of the Board first appointed has taken office, the
Joint Research and Development Board shall cease to exist and all its records
and personnel shall  be transferred to the Research and Development Board.
  "(d) The Secretary of Defense shall provide the Board with such personnel
and facilities as the Secretary may determine to be  required by the Board for
the performance of its functions."
  SEC. 303. (a) The Secretary of Defense, the Chairman of the National
Security Resources Board, the Director of Central Intelligence, and the Na-
tional Security Council, acting through its Executive Secretary, are author-
ized to appoint such advisory committees and to employ, consistent with other
provisions  of this Act,  such part-time advisory personnel as they may deem
necessary in carrying  out their respective  functions and  the  functions of
agencies under their control. Persons holding other offices or positions under
the United States  for which they  receive compensation, while  serving as
members of such committees, shall receive no additional compensation for such
service. Other  members  of such  committees and  other part-time  advisory
personnel so employed may serve without compensation or may receive com-
pensation at a rate  not to exceed $50 for each day of service, as determined by
the appointing authority.
   (b)  Service of an individual as  a member  of any such advisory committee,
or  in any  other part-time capacity for  a department  or agency hereunder,

-------
1754                  LEGAL  COMPILATION—AIR

shall not be considered as service bringing such individual within the provi-
sions of sections 109 or 113 of the Criminal Code  (U.S.C., 1940 edition, title
1944, unless the act of such individual, which by such section is made unlawful
18, sees.  198 and 203) or  section  19(e)  of the Contract Settlement Act of
when performed by an individual referred to in such section, is with respect to
any particular matter which directly involves a department or agency which
such person is  advising or  in which such  department or agency is directly
interested.

                                                                   [p. 9]

-------
              STATUTES AND LEGISLATIVE HISTORY             1755

              1.4a(3)  CONGRESSIONAL RECORD:
1.4a(3)(a) Vol. 97 (1951), Oct. 19: Objected to in Senate, p. 13530
FACILITATION   OF  RESEARCH
  AND DEVELOPMENT WORK BY
  DEPARTMENTS    OF    ARMY,
  NAVY, AND AIR  FORCE—BILL
  PASSED  OVER

  The  bill  (H. R. 1180)  to facilitate
the performance of research  and de-
velopment work by  and on behalf of
the Departments  of  the Army, the
Navy,  and the Air Force,  and for
other   purposes,  was   announced as
next in order.
  The  PRESIDING  OFFICER. Is
there objection to the  present consid-
eration of the bill?
  Mr.  HENDRICKSON. Mr. Presi-
dent, reserving the right to object,
will the  distinguished Senator  from
Mississippi explain the bill?
  Mr.  STENNIS. Mr. President, the
purpose of this bill  is  largely to  clar-
ify certain  administrative  authority
which is required in order to carry on
the research and  development  pro-
grams  authorized  for  the  military
services.
  This bill is not intended to provide
additional  basic  authority   to  the
Armed  Forces  with  respect to re-
search   and  development programs.
Actually, the Armed  Forces  already
have very broad authority for  the con-
duct of research and development pro-
grams. It will be noted from the exist-
ing law quoted on pages 6 and 7 of the
committee  report  that  the  Army,
Navy,  and  Air Force  already are au-
thorized,  under existing law,  to  con-
duct research and  development  pro-
grams  and to procure  or contract for
the use  of the  necessary  facilities,
equipment, services, and supplies to
effectuate such programs.
  The bill addresses itself, therefore,
not to the proposition of expanding
existing authority, but simply to the
proposition of clarifying it. A similar
bill passed the Senate in 1948, but no
action was taken on that bill in the
House of Representatives.
  This bill makes no policy changes in
that version  of the proposed legisla-
tion.
  In 1948 the bill was handled on the
floor of the Senate by the junior Sena-
tor from Oregon  [Mr. MORSE]. He is a
member of  the  subcommittee which
handled the bill in 1951. The bill is on
the calendar  with the unanimous re-
commendation of the Armed Service
Committee.
  Mr. President,  I emphasize that this
bill is largely a clarification of exist-
ing law. These research projects  are
now being  carried on by the various
groups of the armed services; and the
purpose of this bill is largely to coor-
dinate  the law  and  clarify it  and
bring it down to a modern package.
  I hope there is no opposition to the
passage of the bill.  It does not relate
to an extreme emergency, but passage
of the  bill  would  greatly  facilitate
carrying forward these programs.

  Mr. SCHOEPPEL. Mr. President, I
appreciate the explanation which has
been given by the distinguished Sena-
tor from Mississippi.  However, I am
compelled to object  to the passage of
the bill; and, by request,  I ask  that
the bill be passed over.
  The    PRESIDING    OFFICER.
Objection is heard, and the bill will be
passed over.
                          [p. 18580]

-------
1756
LEGAL  COMPILATION—Am
Ua(3)(b) Vol. 98 (1952), July 3: Passed Senate, pp. 9053-9054
FACILITATION  OF  RESEARCH
AND DEVELOPMENT WORK BY
DEPARTMENTS    OF    ARMY,
     NAVY, AND AIR FORCE

  The  bill  (H. R. 1180) to facilitate
the performance  of research and de-
velopment work by and on behalf of
the  departments of  the  Army, the
Navy,  and  the Air  Force,  and for
other purposes, was announced as next
in order.
  Mr.   MORSE.   Mr.  President,  I
should like to make a brief statement
on the bill.
  The VICE  PRESIDENT.  Is the
Senator reserving the right to object?
  Mr.  MORSE. I reserve the right to
object.
  Mr.  President, I make  this  state-
ment in behalf of the Armed Services
Committee:  The Senator from Kansas
[Mr. SCHOEPPEL] has prepared several
amendments to House bill 1180 deal-
ing  with research and development
work. The amendments are restrictive
in  nature.  However, in  examining
them, we learnt that  that there is no
reason they should not be accepted by
the  committee and by the Senate, so
that the bill may be passed.
  I  want to  make it clear that we
have gone into this matter with the
assistance of  the professional staff of
the  Armed  Services Committee,  and  I
think the

                           [p. 9053]

amendments  of  the  Senator  from
Kansas should t>e adopted. I hope he
will offer them and that there will be
no objection to them.
   The VICE PRESIDENT. The ques-
tion is, Is there  objection  to the con-
 sideration of the bill?
   There being no objection, the Senate
proceeded to consider the bill.
   Mr. SCHOEPPEL. Mr. President, I
call up amendment A, amendment B,
              and amendment C which were sent to
              the desk a few days ago, and which I
              understand are printed.
                The VICE  PRESIDENT. Does the
              Senator wish to haave them considered
              en bloc?
                Mr. SCHOEPPEL.  Yes,  Mr. Presi-
              dent.
                The VICE PRESIDENT. The clerk
              will state  the amendments offered by
              the Senator from Kansas.
                Mr. HAYDEN. Mr. President, may
              I ask the Senator from  Kansas if one
              of those amendments  is  to strike out
              section 7?
                Mr.  SCHOEPPEL. Amendment  C
              does that.
                Mr. HAYDEN. That  section should
              be eliminated because  it  interferes
              with the  jurisdiction  of  the  Joint
              Committee on Printing.
                Mr.  SCHOEPPEL.  That was the
              view of the Senator from Kansas.
                The VICE  PRESIDENT. The clerk
              will state  the amendments offered by
              the Senator from Kansas.
                The amendments were:

                On  page 2, strike out all  in lines 7 to 20,
              inclusive.
                On  page 4, line 12, after the period, insert
              the following: "The Secretary of each of the
              military departments  shall  transmit to the
              Congress reports covering contracts for re-
              search or development entered into  during
              each 6 months following the  enactment of this
              act. Each such report shall contain (1)  a list
              of each  contract for research or development
              entered into during such period the  total cost
              of which  to the  Government will  exceed
              $50,000,  and (2)  specific information with
              respect  to  each such contract, except  that
              specific information the disclosure of which he
              deems incompatible with  the security of the
              United  States may be excluded from such
              reports."
                On page 6, strike out all in lines 4 to 12.
              inclusive.
                On page  6, line 18, strike out the section
              No. "8" and insert in lieu thereof the section
              No. "7."

                Mr.  SCHOEPPEL.  Mr. President,
              with reference to amendment A, under

-------
                -TAfUTES AND  LEGISLATIVE  HISTORY
                               1757
section 1 of the bill, members of com-
mittees  and panels and advisory  per-
sonnel could be exempted from the so-
called conflict of interest provisions of
title 18,  United States Code, relating
to Federal officers and  employees. The
amendment A would strike this provi-
sion from the bill.
  Amendment B  would require  that
reports be made to Committees on Ap-
propriations  and  Armed  Services  of
the Senate and of the House of Repre-
sentatives every 6 months by the Sec-
retary of each of the Military Depart-
ments,  listing  all contracts for  re-
search and development in excess of
$50,000.  Such  reports  shall  contain
specific   information  with  respect to
any such contract. Provision is made,
however, for the exclusion  in such re-
ports of specific information pertain-
ing to such contracts which is deemed
by  the  Secretary to be  incompatible
with the security of the United States.
  Amendment C would eliminate from
this bill authority to waive certain ex-
isting requirements of  law  with re-
gard  to printing in the  case  of publi-
cation of scientific and technical infor-
mation.
  The VICE PRESIDENT. The ques-
tion  is  on  agreeing en bloc to  the
amendments offered  by  the  Senator
from  Kansas.
  The amendments were agreed to.
  The amendments were ordered to be
engrossed  and the bill  to be read  a
third time.
  The bill was read the third time and
passed.

                             [p. 9054]
1.4a(3)(c)  Vol. 98 (1952), July 4:  Passed  House, pp. 9374-9375
RESEARCH AND DEVELOPMENT
               WORK

   Mr. VINSON.  Mr. Speaker,  I  ask
unanimous  consent  to take from the
Speaker's table the bill (H. R.  1180)
to  facilitate  the  performance of re-
search and development work by  and
on behalf  of the  Departments of the
Army, the  Navy, and the Air Force,
and for other purposes, with Senate
amendments  thereto, and concur in
the Senate amendments.
   The Clerk  read the title of  the  bill.
   The Clerk  read the Senate amend-
ments, as follows:

  Page 2, strike out lines 7 to 20, inclusive.
  Page 4, line  12, after "property.",  insert
"The Secretary of each of the military depart-
ments shall transmit to  the Congress reports
covering  contracts for  research  or develop-
ment entered into during each 6 months fol-
lowing the enactment of this act. Each such
report shall  contain  (1)  a  list of  each con-
tract for  research or development entered into
during such  period the total cost of which  to
the Government will exceed $50,000, and (2)
specific information with respect to  each such
contract, except that specific information the
disclosure of which he deems incompatible
with the security of the United States may be
excluded from such reports."
  Page 6, strike out lines 8 to 16, inclusive.
  Page 6, line 17, strike out "8"  and  insert
"7."

  The  SPEAKER.  Is  there  objection
to the request of the gentleman  from
Georgia?
  Mr. ARENDS. Mr. Speaker, reserv-
ing the right to  object,  I do so only
for  the purpose of asking the chair-
                             [p. 9374]

man of  the  Committee  on  Armed
Services to explain to the House  these
three changes which were made by the
other body and agreed to by the con-
ferees.
  Mr.  VINSON. Mr.  Speaker, H. R.
1180 is a bill to facilitate the perform-
ance  of   research  and   development
•work  by  the Army, Navy,  and Air
Force,  passed the House  on August 2,
1951. It passed the Senate on July 3,
1952, with three amendments.

-------
1758
LEGAL COMPILATION—AIR
  The three  Senate amendments are
restrictive in  nature and while the De-
partment would normally not want to
agree to those  amendments, the time
element at present has prompted them
to state that the  House  should agree
to the amendments.
  Section 1 of the House bill relieved
the members  of the committees of ci-
vilians, which committees were to as-
sist each of the service Secretaries on
certain statutory  restrictions. For in-
stance, the members of these commit-
tees would be permitted to  serve with
or without compensation and would be
exempted from  certain statutory pro-
hibitions and penalties which are ap-
plicable to  all other Federal employ-
ees, for example, in regard  to the par-
ticipation in  Government contracts or
claims against  the Government. The
net result of the  Senate amendment
would be that  persons who comprise
these advisory panels to  the Secretar-
ies will probably  have  to be picked
from sources which are not in a con-
tractual relationship with the Govern-
ment.
  The  second  amendment  requires
              each of the Secretaries to report on
              research  and  development  contracts
              involving more than $50,000 each  6
              months, unless publication of the in-
              formation would violate security con-
              siderations.
                The  third amendment deletes  sec-
              tion 7 of the bill which authorized the
              Secretaries of  the  military depart-
              ments to arrange for the publication
              of scientific and technical information
              resulting from the research and devel-
              opment activities of his  Department.
                The  author  of the Senate amend-
              ment, Senator SCHOEPPEL, is  of the
              opinion that  this  printing can  be
              taken care of in a different fashion.
                Mr. ABENDS. Mr. Speaker, I with-
              draw my reservation of objection.
                The  SPEAKER. Is there  objection
              to the request of the gentleman front
              Georgia [Mr. VINSON]?
                There was no objection.
                The  Senate  amendments were con-
              curred  in.
                A motion to reconsider was laid on
              the table.
                                         [p. 9375]

-------
             STATUTES AND LEGISLATIVE HISTORY          1759

Ub AN ACT TO REVISE, CODIFY AND ENACT INTO LAW
        TITLE X OF THE UNITED STATES CODE

                  August 10,1956, §2353, 70A Stat 149.

Revised
Section         Source (U.S. Code)            Source (Statute* at Large)

2353 (a)  5:235c (1st  sentence; and July 16, 1952, ch. 882, § 4 (less  3d
           2d sentence, less 2d and   and last sentences), 66 Stat. 725.
           last provisos)
         5:475j (1st  sentence; and
           2d sentence, less 2d and
           last provisos)
         5:628e (1st  sentence; and
           2d sentence, less 2d and
           last provisos)
2353 (b)  5:235e  (2d  proviso of  2d
           sentence)
         5:475j (2d  proviso of  2d
           sentence)
         6:628e  (2d  proviso of  2d
           sentence)
2353 (c)  5:235e (last proviso of  2d
           sentence)
         5:475j (last proviso of  2d
           sentence)
         5:628e (last proviso of  2d
           sentence)

   In subsection (a), the words "furnished to" and  "for the use
thereof" are omitted as surplusage.
   In subsections  (a) and (b), the words "United States" are
substituted for the  word "Government".
   In subsection  (b), the introductory clause is substituted for
5:25e  (words of 2d proviso before clause (1)), 475j, and  628e.
The words "that. . . considers" are substituted for the words "as
will in the opinion". The words "an alternative" are substituted
for the words "such other".
   In subsection (c), the  words "Proceeds of" are substituted for
the words "That all moneys arising from".

                                                         [P. 149]

-------
1760             LEGAL COMPILATION—Am

    Ub(l) HOUSE COMMITTEE ON THE JUDICIARY

             H.R. REP. No. 970, 84th Cong., 1st Seas. (1955)

REVISION OF TITLE 10, U. S. CODE, ENTITLED "ARMED
FORCES", AND TITLE 32,  U. S. CODE, ENTITLED  "NA-
                     TIONAL GUARD"
JUNE 28,1955.—Committed to the Committee of the Whole House on the State
                 of the Union ordered to be printed
Mr. WILLIS, from the Committee on the Judiciary, submitted the
                         following

                        REPORT

                   [To accompany H. R. 7049]

  The Committee on the Judiciary, to whom was referred the bill
(H. R. 7049) to revise, codify, and enact into law title 10 of the
United States Code, entitled "Armed Forces", and title 32, United
States Code, entitled "National Guard", having considered the
same, report favorably thereon and recommend that the bill do
pass.

I. EXPLANATION OF REVISED TITLE 10, ARMED FORCES,
             AND TITLE 32, NATIONAL GUARD

1. Purpose and history
  The Constitution, in article I, section 8, lists among the powers
of Congress the powers "To raise and support Armies"  and "To
provide and maintain a Navy". In the exercise of these powers,
Congress has enacted hundreds of laws regulating the structure of
the armed forces and the functioning of its members,  in  some
cases down to the smallest detail.
  These laws have been enacted over a long period extending from
1789 to the present date.  They have been drawn by many drafts-
men,  some good,  some poor, and some indifferent.  Even where
laws have been excellently drawn, they often reflect inconsistent
approaches and means of expression. The result has been laws full
of contradictions, duplications, ambiguities, obscurities, and  obso-

-------
            STATUTES AND LEGISLATIVE  HISTORY           1761

lete provisions. This problem has existed not only for the armed
forces but the Government as a whole.
5. Restatement of substance
  The object of the new titles has been to restate existing law, not
to make new law. Consistently with the general plan of the United
States Code, the pertinent provisions of law have been freely re-
worded and rearranged, subject to every precaution against dis-
turbing existing rights, privileges, duties, or functions. Adherence
to the substance of existing law, however, has not always meant
adherence to the letter of the statute. Where court decisions,  opin-
ions of officials such as the Attorney General or the Comptroller
General, executive orders, regulations, or well-established adminis-
trative practice  have  established  authoritative  interpretations
clarifying ambiguities in the law, the text has been reworded to
express those interpretations. These changes have been  explained
in the applicable revision notes.
                                                          [p. 8]
1.4b(2) Senate Committee on the  Judiciary

               S. REP. No. 2484, 84th Cong., 2d Sess. (1956)
            [No Relevant Discussion of This Section]
      526-703 O - 73 - 39

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1762
LEGAL COMPILATION—AIR
              1.4b(3) CONGRESSIONAL RECORD:
1.4b(3)(a) Vol. 101  (1955), Aug. 1: Amended and passed House,
p. 12719
  Please let me state as emphatically
as I am able that this bill is not de-
signed  to make a single  substantive
change in existing law.
  As a matter of fact we have gone to
the extreme of inserting in the bill a
provision—section  50—that it is  the
legislative purpose to restate the ex-
isting law without  substantive change.
Moreover,  there is a line of  United
States Supreme Court decisions apply-
ing the well-known canon of statutory
construction that in this type of bill
even though  Congress changes  the
language of the existing law, the court
will  construe it as a continuation of
existing  law   without   substantive
              change unless Congress clearly mani-
              fests an  intention to make such sub-
              stantive changes.
                Many undue fears about this bill on
              that score should be allayed in view of
              the following:
                First.  The canon of statutory con-
              struction just referred to will be ap-
              plied ;
                Second. The  interpretation  clause
              contained in § 50 and in other savings
              provisions in the bill, together with
              similar  statements contained in the
              committee report, clearly manifest the
              intention of Congress to make no sub-
              stantive change; *  * *.
                                       [p. 12719]
1.4b(3) (b) Vol. 102 (1956), July 23:  Amended and passed Senate,
p. 13953
                     [No Relevant Discussion]
1.4b(3)  (c)  Vol. 102  (1956), July 25:  House concurs  in Senate
amendment, p. 14455
                     [No Relevant Discussion]

-------
             STATUTES AND LEGISLATIVE HISTORY         1763

    1.5 RECORD ON REVIEW AND ENFORCEMENT OF
             AGENCY ORDERS, AS AMENDED
                    28 U.S.C. §2112  (1966)

          [Referred to in 42 U.S.C. §§1857c-5(f)(2)(B),
                     1857f-5(b)(2)(B)(ii)]

§ 2112.  Record on review and enforcement of agency orders
  (a) The rules prescribed under the authority of section 2072 of
this title may provide for the time and manner of filing and the
contents of the record in all proceedings instituted in the courts of
appeals to enjoin, set aside, suspend, modify,  or otherwise review
or enforce orders of administrative agencies, boards, commissions,
and officers. Such rules may authorize the agency, board, commis-
sion, or officer to file in the court a certified list of the  materials
comprising the  record and retain and hold for the court all such
materials and transmit the same or any part thereof  to the court,
when and as required by it, at any time prior  to the final determi-
nation of the proceeding, and such filing of such certified list of
the materials comprising the record and such subsequent trans-
mittal of any such materials when and as  required shall be deemed
full compliance with any provision of law requiring  the filing of
the record in the court. The record in such proceedings shall be
certified and filed in or held for and transmitted to  the court of
appeals by the agency, board, commission, or officer concerned
within the time and in  the manner prescribed by such rules. If
proceedings have been instituted in two or more courts of appeals
with respect to the same order the agency, board, commission, or
officer concerned shall file the record in that one of such courts in
which a proceeding with respect to such order was first instituted.
The other courts  in which such proceedings are pending  shall
thereupon transfer them to the  court of  appeals in which the
record has been filed. For the convenience of the parties in the
interest of justice  such court may thereafter transfer all the pro-
ceedings with respect to such order to any other court of appeals.
  (b)  The record to be filed in the court of appeals in  such a
proceeding shall consist of the order sought to  be  reviewed or
enforced, the findings or report upon which  it is based, and the
pleadings, evidence,  and proceedings before the agency, board,
commission, or  officer concerned, or such portions thereof (1) as
the rules prescribed under the authority of section  2072  of  this
title may require to be included  therein, or  (2) as the agency,
board, commission, or officer concerned, the petitioner for review
or respondent in enforcement, as the case may be, and any inter-

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1/64              LEGAL COMPILATION—AIR

venor in the court proceeding by written stipulation filed with the
agency, board, commission, or officer concerned or in the court in
any such proceeding may consistently with the rules  prescribed
under the authority of section 2072 of this title designate to be
included therein, or (3)  as the court upon motion of a party or,
after a prehearing conference, upon its own motion may by order
in any such proceeding designate to be included therein. Such a
stipulation or order may provide in an appropriate case that no
record need be filed in the court of appeals. If, however, the cor-
rectness of a finding of fact by the agency, board, commission, or
officer is in question all  of the evidence before the agency, board,
commission, or officer shall be included in the record except  such
as the agency, board, commission, or  officer concerned, the  peti-
tioner for review or respondent in enforcement, as the case  may
be, and any intervenor in the court proceeding by written stipula-
tion filed with the agency, board, commission, or officer concerned
or in the court agree to omit as wholly immaterial to the ques-
tioned finding. If there is omitted from the record any portion of
the proceedings before the agency, board, commission, or officer
which  the court subsequently determines to be proper for  it to
consider to enable it to review or enforce the order in question the
court may direct that such additional  portion of the proceedings
be filed as a supplement to the record. The agency, board, commis-
sion, or officer concerned may, at its option and without regard to
the foregoing provisions of this subsection, and if so requested by
the petitioner for review or respondent in enforcement shall, file
in the court the entire record of the proceedings before it without
abbreviation.

As amended Pub.L 80-773, §  5(a),  (b), Nov.  6, 1966, 80  Stat.
1323.
   (c)  The agency, board, commission, or officer concerned  may
transmit to the court of appeals the original papers  comprising
the whole or any part of the  record or any supplemental record,
otherwise true  copies of such papers certified by an authorized
officer or deputy of the agency, board, commission, or officer con-
cerned shall be transmitted. Any original papers thus transmitted
                                                       [p. 7640]
to the court of appeals shall be returned to the agency, board,
commission, or officer concerned upon the final determination of
the review or enforcement proceeding. Pending such final determi-
nation any such papers may be returned by the court temporarily
to the custody of the agency, board,  commission, or  officer con-

-------
            ST ~nTES AND LEGISLATIVE HISTORY          1765

cerned if needed for the transaction of the public business. Certi-
fied copies of any papers included in the record or any supplemen-
tal record may also be returned to the agency, board, commission,
or officer  concerned upon the final determination  of review or
enforcement proceedings.
  (d) The provisions of this section are not applicable to proceed-
ings to review decisions of the Tax Court of the United States or
to proceedings to review or enforce those orders of administrative
agencies, boards, commissions, or officers which are by law review-
able or enforceable by the district courts. Added Pub.L. 85-791, §
2, Aug. 28,1958, 72 Stat. 941.
                                                       [p. 7641]
   L5a RECORD ON REVIEW AND ENFORCEMENT OF
                      AGENCY ORDERS
               August 28,1958, P.L. 85-791, §2, 72 Stat 941
                           AN ACT

To authorize the  abbreviation  of  the record on  the review or  enforce-
  ment of orders of administrative agencies by the courts of appeals and the
  review or enforcement of such orders on the original papers and to make
  uniform the law relating to the record  on review or enforcement of such
  orders, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,  That the analy-
sis of chapter 133 of title 28 of the United States Code, immedi-
ately preceding section 2101 of such title, is amended by inserting
at the end thereof the following additional item:
"2112. Record on review and enforcement of agency orders."
  "SEC. 2. Chapter  133 of  title 28  of the United  States  Code is
amended by inserting at the  end  of such  chapter immediately
following section 2111 an additional section, as follows:
"§ 2112. Record on review and enforcement of agency orders
  "(a) The several  courts of appeals shall have power to adopt,
with the approval  ^f the Judicial Conference of the United States,
rules which, so fai  as p.-icticable,  shall be uniform in all such
courts prescribing the time and manner of filing and the contents
of the record in all proceedings instituted in the courts of  appeals
to enjoin, set aside, suspend,  modify, or otherwise review or en-
force orders of administrative agencies, boards, commissions, and
officers, to the extent  that the applicable statute does not specifi-

-------
1766               LEGAL COMPILATION—AIR

cally prescribe such time or manner of filing or contents of the
record. Such rules may authorize the agency,  board, commission,
or officer to file in the  court a certified list of  the materials com-
prising  the record and  retain and hold  for  the court  all such
materials and transmit the same or any part thereof to the court,
when and as required by it, at any time prior to the final  determi-
nation of the  proceeding, and such filing  of such certified list of
the materials comprising the  record and  such subsequent  trans-
mittal of any such materials when and as required shall be deemed
full compliance with any provision of law requiring the filing of
the record  in  the court.  The  record in such proceedings shall be
certified  and filed in or held  for and transmitted to the  court of
appeals by  the agency,  board, commission, or  officer concerned
within the time and in the manner  prescribed by  such  rules. If
proceedings have been  instituted in two or more  courts of appeals
with respect to the same order the agency, board, commission, or
officer concerned  shall  file the  record in that one  of  such courts in
which a proceeding with respect to such order  was first instituted.
The other  courts in which such  proceedings are  pending shall
thereupon  transfer them to  the  court of appeals  in which the
record has been  filed.  For the convenience  of the  parties  in the
interest of justice such court may thereafter transfer all the pro-
ceedings with respect to such  order to  any other court of appeals.
   "(b)  The record to  be filed in  the court of appeals in such a
proceeding  shall  consist of the order sought to be reviewed or
enforced, the findings  or report upon  which it is based, and the
pleadings,  evidence, and proceedings  before  the agency,  board,
commission, or officer  concerned,  or such  portions thereof  (1) as
the said rules of the court of appeals may require  to be included
therein,  or  (2) as the agency, board,  commission,  or officer con-
cerned, the petitioner for review or respondent in enforcement, as
the case may be, and  any intervenor in the court  proceeding by
written stipulation filed with the agency, board, commission, or
officer concerned or in the court in any such proceeding may con-
sistently with the rules of such court
                                                        [p. 941]

designate to be included therein,  or (3) as the court upon motion
of a party or, after a prehearing  conference, upon its own motion
may  by order in any such proceeding designate to be included
therein. Such a stipulation or order may provide in an appropriate
case that no record need be filed  in the court  of appeals. If, how-
ever, the correctness  of a finding of  fact by the agency,  board,

-------
             STATUTES AND LEGISLATIVE HISTORY          1767

commission, or officer is in question all of the evidence before the
agency, board, commission, or officer shall  be included  in the
record except such as the agency, board, commission, or officer
concerned, the petitioner for review or respondent in enforcement,
as the case may be, and any intervenor in the court proceeding by
written stipulation filed with the agency, board, commission, or
officer concerned or in the court agree to omit as wholly immaterial
to the questioned finding.  If there is omitted from the record any
portion of the proceedings before the agency, board, commission,
or officer which the court subsequently determines to be proper
for it to consider  to enable it to review or enforce the order in
question the court may direct that such additional portion of the
proceedings be filed as a  supplement to the  record.  The agency,
board, commission, or officer concerned may,  at its option and
without regard to the foregoing provisions of this subsection, and
if so  requested by the petitioner for review or respondent in en-
forcement shall, file in the court the entire record of the proceed-
ings before it without abbreviation.
   "(c)  The agency, board, commission, or officer concerned may
transmit to the  court of appeals the original papers comprising
the whole or any part of  the record or any supplemental  record,
otherwise true copies of  such papers  certified by an authorized
officer or deputy of the agency, board, commission, or officer con-
cerned shall be transmitted. Any original papers thus transmitted
to the court of  appeals shall be returned  to the agency, board,
commission, or officer concerned upon the final determination of
the review or enforcement proceeding. Pending such final determi-
nation any such papers may be returned by the court temporarily
to the custody of  the agency, board, commission, or officer con-
cerned if needed for the transaction of the  public business. Certi-
fied copies of any papers included in the record or any supplemen-
tal record may also be returned to the agency, board, commission,
or officer concerned upon the final determination  of review or
enforcement proceedings.
   "(d) The provisions of this section are  not applicable  to pro-
ceedings to review decisions of the Tax Court of the United States
or to proceedings to review or enforce those orders of administra-
tive agencies, boards, commissions, or officers  which are by law
reviewable or enforceable by the district courts."

                                                       [p. 942]

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1768              LEGAL COMPILATION—AIR

    1.5a(l) HOUSE COMMITTEE ON THE JUDICIARY
             H.R. REP. No. 842,85th Cong., 1st Sen. (1967)

AUTHORIZING ABBREVIATED RECORDS IN REVIEWING
       ADMINISTRATIVE AGENCY PROCEEDINGS
               JULY 23,1957.—Ordered to b« printed
Mr. WILLIS, from the Committee on the Judiciary, submitted the
                          following,

                        REPORT
                   [To accompany H. R. 6788]

  The Committee on the Judiciary, to  whom was referred the bill
(H. R. 6788) to authorize the abbreviation of the record on the
review or enforcement of orders of administrative agencies by the
courts of appeals and the review or enforcement of such orders on
the original papers and to make uniform the law relating to the
record on review or enforcement  of  such orders, and for other
purposes, having considered the same, report favorably thereon
with amendments and recommend that the bill do pass.
  The amendments are as follows:
                          PURPOSE

  The purpose of the bill is to permit the several courts of appeals
to adopt rules authorizing the abbreviation of the transcript and
other parts of the  record  made before Federal administrative
agencies when the orders of those agencies are to be reviewed by
the courts of appeals.
  In many instances much of the record made before such agen-
cies is not relevant to the questions actually raised on appeal. This
legislation, in permitting an abbreviated record to be transmitted,
should result in a substantial saving of time and money without
interfering with any of the appellate rights which persons now
have under existing law.

                        BACKGROUND

  In 1953 the Judicial Conference of the United States referred to
its  Committee on Revision  of the Laws a proposal that existing

-------
            STATUTES AND  LEGISLATIVE HISTORY           1769

statutes be amended so as to permit administrative agencies whose
orders are to be reviewed by a court of appeals to send to the court
an abbreviated record where the whole record is  not  necessary.
The proposal also provided for the authorization of the use of the
original papers in appropriate cases in lieu of a transcript, the
                                                         [p. 6]
papers to be returned to the administrative agency upon the com-
pletion of the review proceedings. The Judicial Conference com-
mittee concluded that the proposal had substantial merit.
  An examination of the Federal statutes authorizing judicial  re-
view of orders of administrative agencies by that  committee dis-
closed that many of them  now specifically require a transcript of
the entire record to be filed by the agency in the court of appeals.
It was thought that these requirements should be  eliminated ex-
cept in those instances where for some other reason it is necessary
to file the entire record.
  This objective could, perhaps, have been accomplished by a gen-
eral  statute repealing all inconsistent provisions  of the various
acts providing for judicial review of agency action.  But this would
have left the law in confusion as to what specific provisions would
have been thus repealed by  implication. The Judicial  Conference
committee became satisfied that in order to deal comprehensively
with the problem  it would  be necessary to amend many of the
existing statutes.
  In addition it seemed advisable to that committee to add a new
section  2112 to title 28 of the United States  Code which would
confer rulemaking power  in this field upon the courts  of appeals
with  the  approval of the Judicial  Conference. Such a statute
should,  the committee thought, be modeled upon section  6 of the
Hobbs Act of December 29, 1950 (5 U.  S. C. 1036),  which pro-
vides for uniform rules promulgated by the  courts of appeals with
the approval of the Judicial Conference.
  The Committee on Revision of the Laws of the Judicial Confer-
ence accordingly prepared a tentative draft  of such  an amendatory
statute and submitted it to all the judges of the courts of appeals
and to all the agencies involved for their study and suggestions.
  It received a large number of constructive suggestions which it
embodied in the revision of the bill which  was introduced in the
84th  Congress as  H. R. 6682, and which  was the subject of a
hearing before Subcommittee No. 3 of the House Committee on
the Judiciary on May 17,1956. Thereafter a further document was
compiled made up of hearings,  Government agency reports, and

-------
1770               LEGAL COMPILATION—AIR

other comments (hearings, Serial No. 25, House Committee on the
Judiciary, 84th Cong.), and was made available to all interested
organizations so that their views could  be obtained  on  the  pro-
posed legislation.
  When the legislation  (H. R. 6788) was introduced in this Con-
gress, further hearings were held. The Judiciary  Committee has
considered the  suggestions  and feels that the  instant  bill,  as
amended, will make a valuable contribution to the law of appellate
administrative procedures.
  The bill has been approved in principle by the American Bar
Association.  It  incorporates  the recommendation of the Presi-
dent's Conference on Administrative Procedure in this field. It has
the approval of the Judicial Conference of the United States.

                STATEMENT AND ANALYSIS OP BILL

  The instant bill would add to title 28 of the United States Code
a new section 2112 entitled "Record on review and enforcement of
agency orders." The section includes enforcement as well as re-
view proceedings in the courts of appeals.
                                                         [p. 7]
  Subsection  (a) of new section 2112 as  set out in section 2 of the
bill gives the courts of appeals power to adopt, with the  approval
of the Judicial Conference, rules prescribing the time and manner
of filing and  the contents of  the record in all such proceedings
instituted in those courts to review orders of Federal administra-
tive agencies, unless present law affecting those agencies specifi-
cally provides a procedure on  the subject. The general power
granted by section 2112 (a), however, will render separate statu-
tory provisions unnecessary in the future.
  The section also provides that the rules of court may authorize
the Federal administrative agency concerned to file a certified list
of the materials comprising the record and retain the actual pa-
pers  in its physical custody to  be  transmitted to the court only
when and if required by the court in its  consideration of the  case.
This has been a procedure which has been recently tried in several
of the appellate courts  and has  been found quite  feasible, saving
both time and money.
  As the result of a suggestion by the  Securities and Exchange
Commission  subsection  (a) also includes a provision providing
that  if review proceedings have been instituted  in two  or more
courts with respect to the same order, the Federal administrative
agency involved shall  file the record in that court in  which a

-------
             STATUTES AND LEGISLATIVE HISTORY         1771

proceeding was first instituted. The courts in which other proceed-
ings are pending thereupon will transfer their proceedings to the
court of appeals in which the record has been filed. In the interest
of justice and for the convenience of the parties, such court may
thereafter transfer the proceedings to another court of appeals.
  Subsection (b) of proposed section 2112 provides for the abbre-
viation  of the record by the inclusion only of such material as the
rules of the court may require, or as the parties, including parties
permitted to intervene by the court, may stipulate, or as the court
may designate by order. The stipulation or order may provide in
an appropriate case, such as a petition for  a consent decree enforc-
ing a National Labor Relations Board order, that no record at all
be filed. There are in the  courts of appeals many cases  in which
the National Labor Relations Board petitions the court to enter an
enforcement  decree which has been  consented to by the parties
concerned. The Board under present law must spend the  time  and
public money required to send the court a complete transcript of
the record before the latter can enter the decree requested. Subsec-
tion (b) will permit  dispensing with the filing of the record in
such a case, and a  decree may be entered upon the petition  and
consenting answer or stipulation.
  The provisions of subsection (b) will also enable the parties to
abbreviate the record by eliminating all material  not relevant to
the actual questions raised on review, with consequent saving of
time  and expense.  Provision is made, however,  that additional
portions of the record may be ordered by  the court if found to be
needed.
  If the correctness of a finding of fact is in issue, subsection  (b)
requires all the evidence to be included in the record except such
part as  the parties, by stipulation, agree to omit as wholly imma-
terial to the questioned finding. This provision will enable  the
court to perform its  duty in cases  under section 10  (e)  of the
Administrative Procedure Act to "review the whole record or such
portions thereof as may be cited by any party."
  Several of the Federal agencies advised the committee that in
some instances it would not only delay proceedings but it would be
more
                                                         [P. 8]

costly to  abbreviate the record than it would be to send it in
its entirety to the court of appeals. The subsection therefore con-
tains a  provision giving Federal agencies the right,  at  their op-
tion, to  file the entire record instead of an abbreviated record.

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1772              LEGAL COMPILATION—Ant

  The American Bar Association suggested, among other things,
that the petitioner for review and the respondent in enforcement
proceedings, should also have the right, at their option, to require
the filing of the entire record. In accordance with this recommen-
dation, the bill provides for the filing of the entire record of the
proceedings upon such request.
  Subsection (c) of new section 2112 as set out in section 2 of the
bill authorizes the transmittal of certified  copies  instead of the
original papers.  A number of agencies pointed out that many of
their  records are public records which are required to be kept in
their  offices open to public inspection. It was also pointed out that
in many instances an agency must retain the original papers for
use in connection with a related case which is before it but which
is not on  review. The subsection therefore contains a provision
authorizing the transmittal of the original papers at the option of
the agency. It also provides that this situation may pertain to a
part,  as well as to the whole of, the record so that an agency may
transmit some original papers and certified copies  of others. All
original papers  and  certified  copies are to be  returned to the
agency at the conclusion of the case.
  The bill is not intended to apply to the review of decisions of the
Tax Court, which is not an administrative agency, or to the review
of such agency orders as are  by law reviewable by  the district
courts, such as exclusion and deportation  orders.  The Department
of Justice has suggested that this be made explicit in the proposed
legislation. Therefore, subsection  (d)  has been added to the pro-
posed section 2112 to clarify the congressional intent.
  Many of the statutes providing for the enforcement or review of
agency orders provide that the courts of appeals  acquire  jurisdic-
tion upon the filing of the petition for review. Many others pro-
vide,  however, that jurisdiction is not acquired by the  courts until
the filing of the transcript of the record. It was pointed out at the
hearing that this latter provision is illogical and unwise, illogical
since it places it within the power of the  Federal agency to delay
the acquisition of full jurisdiction by the court, and unwise since it
raises a serious question as to the extent of the  court's power to
make orders relating to the filing of the  record or  other prelimi-
nary orders between the time of filing the petition for review and
the time the record is actually filed. Accordingly, to take care of
this situation, the language of the bill adopts the pattern of the
Hobbs Act (5 U.S.C. 1036)  relating to the review of orders of
certain  Federal agencies, and proposes to amend the various stat-

-------
              STATUTES AND LEGISLATIVE  HISTORY         1773

utes to provide in all cases that the reviewing court shall acquire
jurisdiction upon the filing of the petition on review.
  At the hearings the committee's attention was called to the fact
that the Federal Trade Commission act, the Clayton Act, the Pack-
ers and Stockyards Act, the National Labor Relations Act, the
Federal Power Act and the National Gas Act provide that an
agency acting under and pursuant  to them may modify or set
aside its order after a petition for review has been filed and up to
the time of the filing of the record. Giving exclusive jurisdiction to
the courts upon the filing  of the petition,  as the instant bill, as
introduced, provides, could work
                                                         [p. 9]

undue hardship.  The bill was therefore amended to provide  that
although jurisdiction shall be immediately acquired by the court
upon the filing of a petition for review, such jurisdiction will be
concurrent and shall become exclusive only upon the filing of the
record.
                                                        [p. 10]
                   CHANGES IN EXISTING LAW
   In compliance with clause 3 of rule XIII of the House of Repre-
sentatives, there is printed below in roman existing law in which
no change is proposed, with matter  proposed to be stricken out
enclosed in black brackets, and new matter proposed to be added
shown in italics:

                 TITLE 28. UNITED STATES CODE

        CHAPTER 133. REVIEW—MISCELLANEOUS PROVISIONS
     *******
Si 12. Record on review and enforcement of agency orders.
     *******
§  2112.  Record on reviews and  enforcement of agency orders.
   (a)  The several courts of appeals shall have power  to adopt,
with the approval of the Judicial Conference of the United States,
rules,  which so far as practicable shall  be uniform  in all  such
courts prescribing the time and manner of filing and the contents
of the record in all proceedings instituted in the courts of appeals
to enjoin, set aside, suspend, modify, or  otherwise review or en-

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1774              LEGAL COMPILATION—Am

force orders of administrative agencies, boards, commissions, and
officers, to the extent that the applicable statute does not speci-
fically prescribe  such time or manner of filing or contents of the
record. Such rules may authorize the agency, board, commission, or
officer to file in the court a certified list of the materials comprising
the record and retain and hold for the court all such materials and
transmit the same or any part thereof to the court, when and as
required by it, at any time prior to the final determination of the
proceeding, and  such filing of such certified list of the  materials
comprising the record and  such subsequent transmittal of any
such materials when and as required shall be deemed full compli-
ance with any provision of law requiring the filing of the record
in the court.  The record in such proceedings shall be certified and
filed in or held for and transmitted to the court of appeals by the
agency, board, commission,  or officer  concerned within the time
and in the manner prescribed by such rules. If proceedings have
been instituted in  two or more courts  of appeals with respect to
the same order the agency, board, commission or officer  concerned
shall file the record in that one of such courts in which a proceed-
ing with respect to such order was first instituted. The other courts
                                                        [p. 35]
in which such proceedings are pending  shall  thereupon transfer
them to the court of appeals in which the record has been filed.
For the convenience of the parties in the interest of justice such
court may thereafter transfer all the proceedings with  respect to
such order to any other court of appeals.
   (6) The record to be filed in the court  of appeals in such a pro-
ceeding shall consist of  the order sought  to be reviewed or en-
forced, the findings or report upon which  it is based, and the plead-
ings, evidence, and proceedings before  the agency, board, commis-
sion, or officer concerned, or such portions thereof (1) as the said
rules of the court of appeals may require to be included therein,
or (2) as the agency, board, commission, or officer concerned, the
petitioner for review or respondent in enforcement, as the case
may be, and  any  intervenor in the court  proceeding by written
stipulation filed with the agency, board, commission, or officer con-
cerned or  in  the court in any such proceeding may consistently
with the rules of such court designate to be included therein, or
 (8) as the court upon motion of a party or, after a prehearing con-
ference, upon its own motion may by order in any such proceeding
designate to be included therein. Such a stipulation or order may
provide in an appropriate case that no record need be filed in the

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              STATUTES AND LEGISLATIVE  HISTORY         1775

 court of appeals. If, however, the correctness of a finding of fact
 by the agency, board, commission, or officer is in question, all of
 the evidence before the  agency, board, commission, or officer shall
 be included in the record except such as the agency,  board, com-
 mission, or officer concerned, the petitioner for review or respon-
 dent in enforcement, as the case may be,  and any intervenor in
 the court proceeding by written stipulation filed with the agency,
 board, commission, or officer concerned or in the court agree to
 omit as wholly immaterial to the questioned finding. If there is
 omitted from the record any portion of the  proceedings before the
 agency, board, commission, or officer which the court subsequently
 determines to  be proper for it to consider to enable it to review or
 enforce the order in question the court may direct that such addi-
 tional portion of the proceedings be filed as a supplement to the
 record. The agency, board, commission, or  officer concerned may,
 at its option and without regard to the foregoing provisions of this
 subsection, and if so requested by the petitioner for review or re-
 spondent in enforcement shall, file in the court the entire record of
 the proceedings before it without abbreviation.
   (c) The agency, board,  commission, or  officer concerned may
 transmit to the  court of appeals  the  original papers comprising
 the whole or any part of the record or any supplemental record,
 otherwise true copies of such papers certified by an authorized
 officer or deputy of the  agency, board, commission, or officer con-
 cerned shall be transmitted. Any original papers thus transmitted
 to the court of appeals shall be returned to the agency,  board, com-
 mission, or officer concerned upon the final determination of the
 review or enforcement proceeding. Pending such final determina-
 tion any such papers may be returned by the court temporarily to
 the custody of the agency, board, commission, or officer concerned
if needed for the transaction of the public business. Certified copies
of any papers  included  in the record or any supplemental record
may also be returned to the agency, board, commission, or officer
concerned upon the final determination of review or enforcement
proceedings.
   (d) The provisions of this section are  not applicable to pro-
 ceedings to review decisions of the Tax Court of the United States
 or to proceedings to review or enforce those orders of administra-
 tive agencies,  boards, commissions, or officers which  are by law
reviewable or  enforceable by the  district court.
                                                        [p. 36]
  SEC. 3.  (a) The sixth  sentence of subsection  (b)  of section 5 of

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1776                              w Ol Jr-

the Federal Trade Commission Act, as amended (52 Stat. 112):
"Until the expiration of the time allowed for filing a petition for
review, if no such petition has been duly filed within such time, or,
if a petition for review has been filed within such time then until
[the transcript of] the record in the proceeding has been filed in a
court of appeals of the United States, as hereinafter provided, the
Commission may at any time, upon such notice and  in such man-
ner as it shall  deem proper,  modify or set aside, in whole or in
part,  any report or  any order made or issued by it under this
section."
   (b) The second and third sentences of subsection (c)  of section
5 of the Federal Trade Commission Act, as amended  (52 Stat.
112-113) :  "A  copy  of such  petition shall  be  forthwith [served
upon] transmitted by the clerk of the court to the Commission,
and thereupon the  Commission [forthwith] shall  [certify and]
file in the court [a transcript of]  the  [entire]  record in the pro-
ceeding, [including all the evidence taken and the report and order
of the Commission] as provided in section 2112 of title 28,  United
States Code. Upon such filing of the petition [and transcript] the
court shall have jurisdiction of  the proceeding and of the question
determined  therein concurrently with the Commission until the
filing of the record and shall have power to make and enter [upon
the pleadings, evidence, and  proceedings set forth in such tran-
script] a decree affirming, modifying, or setting aside the order of
the Commission, and enforcing the  same to the extent that such
order  is  affirmed and to issue  such writs as are ancillary to  its
jurisdiction or are necessary in its judgment to prevent injury to
the public or to competitors pendente lite."
   (c)  Subsection (d)  of section 5 of the Federal Trade Commis-
sion Act, as amended  (52 Stat. 113) :
   "(d) [The]  Upon the filing  of the record with it the jurisdic-
tion of the court of appeals of the United States to affirm, enforce,
modify or set aside orders of the  Commission shall be  exclusive"
(15 U.S.C., § 45, Federal  Trade Commission). . . .

                                                         [p. 37]
                         U. S. GOVERNMENT PRINTING OFFICE : 1973 O - 526-703

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U.S.  Environmental  Protection Agenc#
Region V, Library
230  South Dearborn Street
Chicago,  Illinois  60604

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