ENVIRONMENTAL
NEWS
S UMMA R Y DECEMBER 27, 1973
Office of Public Affairs U.S. Environmental Protection Agency Washington, D.C. 20460
SENATE DELAYS AUTO EMISSION DEADLINE
Senate votes, 85-0, to amend '70 Clean Air Act, delaying '75 interim standards
for hydrocarbons, carbon monoxide, till '76. Senate Public Works Committee plans
Jan. hearings on still-intact NOx rules. (Wall St. Journal, 12/18/73). Also reported
in N.Y. Times (12/18/73), Wash. Post (12/18/73)...House-Senate Conference, working on
emergency energy bill, adopts above-mentioned Senate plan, including EPA right to
extend delay till '77, if necessary (Wall St. Journal, 12/20/73). Also reported in
Wash. Post (12/20/73). (Congress adjourns for Christmas recess Dec. 22, after
failing to pass energy legislation—blame House-Senate stalemate over section
limitinq "windfall profits" in oil industry. Reconvenes Jan. 21)
IN RELATED DEVELOPMENTS. Congress "justified" in delaying emission standards,
because: (1) Gasoline shortage could curtail driving, thereby reducing smog level;
(2) Extra year could give automakers time to develop cleaner engine "instead of
simply attaching emission gadgets to engines that already exist." (San Juan Star,
12/12/73)..."[Train] is criticizing his White House bosses these days for the way
they are handling the auto-pollution issue." Train quoted: "'If one is really inter-
ested in saving energy.. .there are more effective ways it can be done—without
attacking pollution-control devices."'Paper says, "Most of [Train's] remarks on
energy ...were implicit criticisms of the While House's lack of policy on energy con-
servation. But his only overt criticism of the White House came on the proposed auto-
emissions legislation. On that issue he said he was 'seriously troubled1 by the
failure to consult him. And, he added: 'It doesn't lead to good decisioni-making on
their part."1 Paper adds, "There is a widespread feeling among second-level employees
of the agency that the agency itself is being gutted, although Train himself publicly
professes optimism over its future."(Long Island Newsday, 12/10/73)...Rep. Wyman
(R-N.H.): "'I shall offer an amendment to the energy bill shortly to come before us,
to suspend for the duration of the energy crisis, the requirement for auto emission
controls on vehicles registered to residents of this fifteen-sixteenths [of the U.S.
allegedly without 'substantial' air pollution]...In the name of reason and common sense
Congress should act now to end this overkill in the Clean Air Act that is draining
our energy and overtaxing our economy without regard to public health and necessity.
'"(Congressional Record. 12/12/73).
IN OTHER AUTO EMISSION DEVELOPMENTS. Train's suggestion that government
recmlate fuel economy, "merits serious attention...fairer and more direct than a gas
tax...About 100-million automobiles travel the nation's roads and those cars average
only 13.5 mpg. Raising this to 20 mpg on new cars would, by 1980, save a third of the
100-billion gal...now consumed annually in the U.S. "(Business Week, 12/15/73)
Reaction to EPA-ordered reduction in gasoline lead content: Chemical companies
survceyed by Chemical and Engineering News (12/10/73) "disagree strongly with Mr.
Queries, not only with respect to his conclusions about the risk to health...but
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ENVIRONMENTAL NEWS SUMMARY
also with his comment that the lead reduction will have a 'nil1 impact on the energy
crisis."
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AMERICANS SUFFER EXCESSIVE CO LEVELS
Medical College of Wisconsin researchers say, "Americans are regularly exposed
to the potential dangers of excessive amounts of carbon monoxide." Their 30-month
nationwide study of 29,000 blood donors finds "'45 percent of all the nonsmoking blood
donors tested had carbon monoxide saturations greater than 1.5 percent [Clean Air Act
sets 1.5% as highest safe level for active nonsmokers]. . .None of the large urban com-
munities had carbon monoxide concentrations low enough to comply with the [EPA] am-
bient air quality standards for carbon monoxide. . .Persons sampled in urban areas with
high automobile density consistently had carbon monoxide saturations greater than those
measured in persons sampled in areas of low automobile density. '"(N.Y. Times. 12/20/73).
COURT UPHOLDS DDT BftN
Knocking down appeal from pesticide industry, D.C. Court of Appeals rules
"substantial evidence" to uphold EPA's two-year-old DDT ban for most public uses.
(N.Y. Times. 12/16/73).
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SUPREME COURT STRIKES BLOW AT ENVIRONMENTAL CLASS-ACTION .SUITS
Supreme Court rules that if class-action suits involve parties from different
states, then each party must show damages of at least $10,000 in order to participate
in U.S. district court action. Previously only one party of a class needed to show
such damages. "Specific effect of... ruling is to severely cripple class-action law-
suits brought in federal court.. .Individuals still can sue on their own behalf, but
that's too expensive for manv oeople. It was that burdensome expense that class actions
were designed to alleviate. "(Wall St. Journal, 12/18/73).
IN OTHER ENVIRONMENTAL LAW DEVELOPMENTS. In three recent decisions, Supreme
Court dismisses appeals from appellate decisions (1) upholding Maine's requirement of
oil handling licenses and (2) making oil handlers liable for spill damages; but (3)
reverses lower court rulings granting environmental groups an injunction against higher
Interstate Commerce Commission rates for recyclable materials. (Air and Water News.
12/13/73). -
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INTERIOR OPENS BIDS ON FLORIDA OFFSHORE DRILLING
Interior Dept. opens bids on leases extending offshore oil, gas industry to
coastal waters of Fla., Ala., Miss. Environmental groups, Rep. Sikes (D-Fla.), Burke
(R-Fla.), fail to halt sale in U.S. District ct,. "Interior. . .acknowledged a number of
problems that could result from the new leasing but it said the sale should go on.
Each phase of drilling and development is to be supervised by the Government. "(N.Y.
Times, 12/21/73). Also reported in Wash. Post (12/21/73). -
IN OTHER OIL DEVELOPMENTS. U.S. Geological Survey decides oil can be found,
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ENVIRONMENTAL NEWS SUMMARY
removed from Fla.'s Ocala National Forest, "a conclusion that could set the stage
for drilling operations over 344,000 acres." Survey tells CEQ that "some scars from
oil production could last for 40 years, but most damage from clearing, oil spills and
fires would be short lived and confined to small areas. "(Mi an i Herald, 12/14/73) ____
Occidental Petroleum Corp. develops method of producing large quantities of low -sul-
fur oil from shale; could be operative within three to five years, "with little or no
environmental damage." Involves drilling into shale, heating to high temperature.
Stanford Research Institute on method: '"As presently conceived, there will be no
shale ash disposal above the ground and very little disturbance to the surface.1"
(Denver Post. 12/8/73). . .Reacting to Interior Secretary Morton's decision making
federal land available for experimental shale oil production, Chicago Tribune (12/3/73)
says, "It would be silly to let all this oil just sit there without even finding out
what would be involved in extracting it." Points out that only 50 square miles in-
volved, and purpose is simply to determine feasibility, effect on landscape.
GREEN LIGHT FOR GEOTHERMAL ENERGY
Interior will lease three federallytowned, California geothermal tracts.
Morton says nature's own steam "'could suppTy a significant part of the nation's
present and predicted energy needs,"1 "although he cautioned against expecting too
much, too soon. "(Wash. Post. 12/19/73).
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AGRICULTURE DEPT. WANTS PUBLIC LANDS CLEANED UP
Under USDA proposal, open for public comment till Feb. 15, miners, prospectors,
using public lands required to clear search operations in advance with Forest Service,
then restore areas when finished. If adopted, would apply to 140 million forest acres.
(Mash. Post. 12/19/73).
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CONFERENCE GIVES EPA AUTHORITY TO SUSPEND AIR STANDARDS
As part of emergency energy legislation, House-Senate Conference Committee
lets EPA administrator suspend federal, state, local air standards through next
November, if clean fuels not available. Also authorizes conversion of power plants
to coal from oil, natural gas, with EPA given right to ban coal where public health
endangered. But power plants must make plans either to buy low-fulfur coal or install
anti -pollution equipment. (Wash. Post. 12/20/73). Also reported in Wall St. Jour-
nal (12/20/73). -
IN OTHER "ENERGY VS. ENVIRONMENT" DEVELOPMENTS. Syndicated columnist Mar-
quis Chi Ids says Train is "a man standing up to powerful forces in industry bent on
cutting back pollution standards. . .Behind his Ivy League exterior is a determination
to hold the line even if it means at times going counter to White House decree...
[he] has been made acutely aware of the consequences of a real power shortage. . .but
he is aware, too, of the scare talk coming from those who would use the enprov rrisis
to wipe out all tfie gains made thus far. "(Bash. Post. el aWM ) enerfly C
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ENVIRONMENTAL NEWS SUMMARY
Train called "bright, reasonable, and of unquestioned integrity..." In interview,
says: "...When you analyze the shortages, the environmental contribution has been
relatively minor. The shortage of refinery capacity, for example, which is sometimes
blamed on environmental obstructionism, is almost entirely due to low levels of invest-
ment by the industry itself"; "We're deluding ourselves if we think we're going to get
through the winter without granting such variances [from primary standards]. But we're
going to make the variances as short as we can and deal with them on an emergency basis
only. We're not relaxing the standards themselves, we're making temporary adjustments."
(Business Week, 12/15/73).. .Train warns that "'environmental sellout"1 will not ease
energy crisis, only jeopardize public health. Adds that easing auto emission standards
"'won't help the energy crisis—they are an insignificant part of the fuel problem.1";
also takes issue with House vote banning certain features of transpo control plans:
"'The way to achieve reasonable solutions is to defer statutory deadlines where needed
rather than flatly to prohibit specific types of controls. "'(N.Y. Times, 12/19/73)...
Carl Bagge, Pres., Nat!. Coal Association: "Some people prefer not man but trees.
They contend in their private moments that the energy crisis is a positive thing that
will shape American life along the lines they prefer. They really don't want to regu-
late strip mining. They want to stop it. And these people had undue influence in
shaping the legislation now before Congress. In times of energy abundance, perhaps
we could afford to indulge them. We cannot today. America needs every ounce of energy
it can find. "(Louisville Courier-Journal. 12/9/73)..."The need for concessions must
not be turned into a surrender to the retrogressive forces that have long been
waiting for an opportunity to shed virtually all restrictions and give free reign to
exploitative policies camouflaged as emergency action...The suspicion grows daily that
the Nixon administration, whether by design or by lack of effective policies, is re-
treating far more than necessary from hard won gains on the environmental and other
fronts, under cover of the energy crisis." (N.Y. Times. 12/18/73)... "Any panicked
retreat from the environment in favor of energy would be shortsighted in the extreme.
The energy crisis should rather be taken as an occasion for developing new enlightment
about the relationships between consumption and conservation..."(Christian Science
Monitor, 12/14/73) Quarles predicts energy crisis will accomplish what environmental
movement failed to do—says U.S. is on the verge of "profound transition" "'back to the
simple values of simple enjoyment and frugality. '"(Tampa Times, 12/8/73)
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