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 ------- ENVIRONMENTAL NEWS SUMMARY also with his comment that the lead reduction will have a 'nil1 impact on the energy crisis." ********************** 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). ********************** 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). - ******************** 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, ------- 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). ************************** 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). ********************* 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 ------- 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) 90909 II 09VOIHO bdXOVM N I n *A Noaa N nOVA3THl IH V 81 ssvio JLSMIJ A3N39V NOIlOaiOHd 1VJ.N3WNOHIAN3 QlVd S33J QNV 39VlSOd 09*02 'O'a 'N010NIHSVM AON33V NOI10310ad 1V1N3WNOHIAN3 'STI onsnd jo 3oujo ------- |