SEPTEMBER 1977
 VOI..THRKK.NO. HICiH'I
US. ENVIRONMENTAL PROTH 11()\ \(,l NO
EMERGING  FROM  SUMMER'S SMOG

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Cleaning  the  Air
      The near-record number of air pollution alerts
      in Washington and the thick smog blankets
that  smothered   other   cities   this   summer
graphically reminded us all of the continuing and
pressing need  to curb the heavy load of pollutants
being discharged by automobiles.
  Dirty air in  Washington was cited by one senator
as an  example of why  Congress  should refuse  to
buckle under  to auto industry lobbying efforts  to
push back new and more stringent emission controls
for five years.
  The Clean Air Act amendments finally passed  by
Congress were hailed by  President Carter as  "a
sound and comprehensive program for achieving
and preserving healthy air in our Nation."
  While the  auto  industry  was given  a two-year
grace period  before the new   and  tighter limits
take effect, the President noted that "the automobile
industry now  has  a firm timetable" for meeting
these standards.
  Meanwhile,  EPA is continuing with its efforts to
insure that the auto industry complies with whatever
standards are actually set. An article reports that
Detroit has  had to recall millions  of cars so far
because they  did  not  comply  with  the required
emission limits.
  On the subject of autos, this issue of EPA Journal
also carries  an interview  with Eric Stork, Deputy
Assistant Administrator for Mobile Source Air Pol-
lution Control, on the meaning of the new car gas
mileage figures which will be released soon. These
figures are a valuable by-product obtained in testing
prototypes of new  auto models  to make sure they
conform to emission controls.
  Another article reports on two cities in which a
new EPA policy was applied to allow  the construc-
tion  of new  auto  assembly  plants while moving
towards cleaner ai r.
  The magazine also takes a look at the Administra-
tive Law Judges who help the Agency make critical
decisions.
  A Marine teaching a bird to fly makes for an odd
juxtaposition.  But  another article's subject is the
extraordinary energy and  interest in environmental
programs at a Marine Corps  air  station in Hawaii,
which is not only helping to preserve the island of
Oahu, but has won the Marines a national award.
  The Journal  also reports  on a new program  by
EPA and three other  Federal agencies to reduce
duplication and protect public health and the granting
of permission by EPA for use of poisons to kill pred-
ators endangering the survival of rare birds.
(\irpollutiongripsWesl l.os Angeles.

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   US. ENVIRONMENTAL
   PROTECTION AGENCY
      Douglas M. Costle,
          Administrator

     Joan Martin Nicholson
            Director
     Office of Public Awareness

       Charles D. Pierce,
            Editor
   Van Trumbull, Ruth Hussey,
         David Cohen,
             Staff
Cover: Air pollution haze blurs view of
U.S. Capitol. Photo by Bernie Boston of
the Washington Star.


Photo Credits:
Ernest Bucci. Nick Karanikas. Al
Wilson, Chester Higgins, Jr. , Gene
Daniels , Luther C. Goldman, Bureau of
Sport Fisheries and Wildlife; Martin
Levick. Black Star.


Printed on recycled paper.

The EPA Journal is published monthly,
with combined issues July-August and
November-December, by the U.S.
Environmental Protection Agency. Use
of funds for printing this periodical has
been approved by the Director of the
Office of Management and Budget.
Views expressed by authors do not
necessarily reflect EPA policy.
Contributions and inquiries should be
addressed to the Editor (A-107),
Waterside Mall, 401 M St., S.W.,
Washington, D.C. 20460. No permission
necessary to reproduce contents except
copyrighted photos and other materials.
Subscription: $8.75 a year, $.90 for
single copy, domestic; $11.00 if mailed to
a foreign address. No charge to
employees. Send check or money order
to Superintendent of Documents, U.S.
Government Printing Office,
Washington, D.C. 20402.
                                  ARTICLES
 THE NEW CLEAN AIR ACT
 Congress passes major changes in the law
 protecting the Nation's air.

 EMERGING FROM SUMMER'S SMOG
 A review of conditions around the country
 during a hot and often polluted summer.

 AUTO  RECALLS
 Millions of autos have failed to meet air
 pollution standards.

 YOUR  GAS MILEAGE
 The meaning of the 1978 gas mileage figures
 which will be released this month.

 A TALE OF TWO CITIES
 How getting new industry can force
 reductions in air pollution.

 ADMINISTRATIVE LAW JUDGES
 A look  at some attorneys who help make
 important EPA rulings.

MARINES PROTECT ENVIRONMENT
A group of Marines in Hawaii honored for
unique environmental program.

REGULATORY REFORM
EPA and three other Federal Agencies join
forces to reduce duplication.


PROTECTING RARE BIRDS
EPA grants permission for poisoning of
predators to save endangered species.
DEPARTMENTS

NATION
PEOPLE
ALMANAC
UPDATE
NEWS BRIEFS
                                                                                   PAGE 2
                                                                                  PAGE  4
       PAGE 6
       PAGE 8
                                                                                 PAGE  10
      PAGE  14
      PAGE 16
      PAGE 20
BACK  COVER
      PAGE 12
      PAGE 18
      PAGE 23
      PAGE 24
      PAGE 25

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The   J$ew   Clean  Air  Act
                       .
 Smug shrouds downtown Chicago.
 / am pleased to sign into lew . . .  the
 Clean Air Act Amendments of 1977. This
 Act is the culmination of a three-year effort
 by the Congress to develop a law which
 will continue our progress in meeting our
 national clean air goals in all parts of the
 country. . .

 The automobile industry  now has a firm
 timetable for meeting strict, but achieva-
 ble,  emission reductions. That industry
 now knows with certainty what is required
 and can devote its full-time  energies to
 designing cars which will further our clean
 air goals while continuing to improve fuel
 efficiency.

  This timetable will be enforced.
               -President Jimmv Carter
        The  Clean Air Act Amendments
        of 1977 are now law. Among the
        new provisions: A two-year ex-
tension on current standards  for tailpipe
emissions on new model automobiles (See
box). Members of both the Senate and
the House had been under intense lobby-
ing pressure to adopt a five-year extension
schedule.
  Administrator Costle said. "Senator
Edward S. Muskie and Congressman Paul
G. Rogers and the members and staff of
the  Senate Public Works and Environ-
ment Committee and the  House Com-
merce Committee deserve  the thanks of
the  American  people for  their courage
and persistence in the long legislative ef-
fort to protect the quality of our air.
  "I am extremely pleased that the long
struggle over the Clean Ait Act is over.
The legislation enacted by the Congress
will resolve a number of critical issues. It
will permit expanded use  of coal while
maintaining  protection of  the public
health. It will safeguard the air quality in
those areas of the country which are still
pristine. And it will provide an acceptable
schedule for continued future reduction
in emissions from automobiles."
  Shortly before Senate-House conferees
approved the compromise version of the
Act, Sen. Wendell Anderson voiced this
sentiment on behalf of the more stringent
cleanup schedule: "Driving  in from Vir-
ginia, I cant see the Washington Monu-
ment,"  adding that  in walking from his
office to the Senate he has "a feeling of
nausea  ... my eyes hurt. There is  a
health problem."
  According to wire-service reports, re-
action to the  new  Act from  Detroit—
which had claimed it would be forced to
shut down  under the old cleanup sched-
ule—was mixed.
  Elliot M. Estes,  President of General
Motors,  the Nation's largest auto pro-
ducer, expressed relief over  the decision.
"Our challenge  now," he  said, "is to
 FPA JOURNAL

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meet  the  requirements  with  cars which
serve  the  wants and  needs of our cus-
tomers."
  William O. Bourke,  Executive  Vice
President  of North American Operations
for  the Ford Motor Company, said, "We
will make every  effort to meet them [the
new standards] on schedule and with as
little impact on vehicle and fuel efficiency
as we can."
  But an unsigned statement issued  by
the Chrysler Corporation stated, "These
standards ... go  beyond  health needs,
and will unquestionably waste fuel and
will be an additional unnecessary cost
burden to  the American consumer."

Other provisions of the new Act include:

Prevention of Significant Deterioration.
Each  State is required  to classify areas
which are presently cleaner  than the
national ambient air quality standards
as Class I, Class II, or Class III. Class I
designations are mandatory for national
parks and national  wilderness areas.
Areas where the air is not as pure as the
Class  I regions but is still currently cleaner
than national standards  will be  classified
as Class II. Allowable pollutant levels are
highest  in Class III areas.  A State may
reclassify  any  areas other than a manda-
tory Class I area by following a procedure
set  out in the new Act.
  An "allowable increment" is the per-
missible increase in pollution in any Class
I, II,  or III area. The  Act  provides for
limited allowable increments. The smallest
increments are  allowed  in  Class I, the
next largest in Class  II, and the largest
increments are allowed in Class III areas.
  However, a variance  above the  estab-
lished Class I increment can be granted
by  a  Governor (eight percent above the
allowable  increment for  low terrain areas
and 15 percent  for  high terrain  areas).
The President of the United  States is
made arbitrator  regarding approval of a
variance in cases where there is a  disa-
greement  between the State and the Fed-
eral land manager.

Nonattainment.  The  new  Act  endorses
EPA's "offset" policy for new or modified
major sources of air pollution in  areas
that do not meet  air quality standards.
The offset policy allows new development
if the net effect is  an  improvement in
over-all air quality due to decreases from
other sources. However, the Act also pro-
vides  for  waivers of offset requirements
where the State has an adequate program
for incremental  reductions  in emissions
which will assure attainment of the stand-
ards by the deadlines  (1982 for pollutants
other than those which are auto-related;
 1987 for auto-related pollutants). In order
 to use the waiver provision, a State must
 have submitted a revised State Implemen-
 tation  Plan by 1979, showing attainment
 by the '82 or "87 dates.
   The Act strongly encourages the adop-
 tion of auto inspection and maintenance
 programs as a tool for attaining Federal
 clean air standards.
   Governors can suspend on-street park-
 ing  restrictions,  gas rationing, and  non-
 commercial vehicle retrofits  that  are  a
 part of an existing transportation control
 plan in a nonattainment area until submis-
 sion of the required new State Implemen-
 tation  Plan, under certain circumstances.

 Coal conversion. The new Act allows for
 extensions for compliance with emissions
 limitations  for power plants  ordered  to
 convert to coal.  This extension on meet-
 ing standards is effective prior to the date
 of the conversion. But sources which are
 ordered  to  convert  can  only  begin  to
 actually burn coal  when they can do  so
 without causing or contributing to concen-
 trations  of any pollutant in excess  of
 primary air quality standards. This latter .
 feature of the Act is called the "primary
 standard condition."
   Also, the Act authorizes the State, EPA,
 or the President to require use  of local
 coal to  prevent severe  economic disrup-
. tion or  unemployment  which might  be
 derived from  use of coal, other than that
 locally available.

 New penalties. Any polluting source which
 received  an enforcement order  but does
 not  comply by  1979 shall automatically
 be subject to a compliance penalty  in the
 form  of  monthly payments equal  to  all
               costs that would have been  required to
               achieve compliance. The effect  of this
               measure should  be  that there is no eco-
               nomic advantage in delaying installation
               of pollution control devices.

               Warranties. The  duration of the perform-
               ance  warranty for auto emission  control
               devices remains five years or 50,000 miles.
               However, a general performance  war-
               ranty, which  includes  carburetor adjust-
               ments, etc., is set at two years or 24.000
               miles.

               Tampering. The anti-tampering (with auto
               emission controls) prohibition is extended
               to any  person in the  automotive repair
               business.

               Smelters. Through application of an owner
               or operator, a delayed compliance order
               may be issued to a nonferrous smelter by
               the  State or  the  Administrator if the
               smelter is unable to comply with  an  ulti-
               mate sulfur dioxide requirement in the
               State Implementation Plan. No more than
               two  such  orders  may  be  issued  per
               smelter,  the first effective until  Jan.  1,
               1983, and the second until Jan. I, 1988.

               Best available pollution  control technology.
               The new Act narrowly redefines the re-
               quirement for "best emissions  reduction
               system" as the best technological system
               of continuous emission  reduction.  This
               means that where  a control technology
               for substantially  reducing pollution exists,
               no  polluting sources may comply simply
               by  burning  untreated fuels.  All  new
               source  performance standards must  be
               revised  to reflect this  change within the
               next year. •
  BOX SCORES
  in grams per mile
  The Old Auto Standards (Clean Air Act Amendments of 1970)
       Beginning in        ...     ,             Carbon
       Model Year        Hydrocarbons        Monoxjde
          1977               1.5               15.0
          1978                 .41               3.4
  The New Auto Standards (Clean Air Act Amendments of 1977)
       Beginning in
        Model Year
       1978-1979
       1980
       1981
Hydrocarbons
    1.5
     .41
     .41
 Carbon
Monoxide
  15.0
   7.0
   3.4*
                                       Nitrogen
                                       Oxides
                                         2.0
                                          .4
Nitrogen
 Oxides
  2.0
  2.0
  1.0
  ' The Administrator may waive the 3.4 requirement for carbon monoxide up to 7.0 upon a finding that the
  technology for control is not available, determined by cost, drivability, fuel economy, and other factors.
                                                                                                       SEPTEMBER 1977

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Emerging   from
 Summer's   Smog
         Despite major gains in reducing
         air  pollution  nationally, an op-
         pressive heat wave  left many
 major cities in the eastern United States
 suffering this summer in a foul, gray haze
 responsible for  numerous air pollution
 alerts and advisory warnings.
   State air pollution control experts re-
 ported unprecedented smog exposure in
 such places as Waukegan, 111., Cincinnati,
 O., and southern Connecticut.
   In Washington D.C., where the record
 for total alert days may be broken, bicycle
 lockers  at  government buildings were
 stuffed with  ads  for strap-on  respirators
 resembling oxygen masks. The hand-outs
 proclaimed. "DON'T LET POLLUTED
 AIR GET YOU DOWN."
   In southern Ohio and in Baltimore se-
 lected industries were ordered to cut back
 on emissions as  part of alert procedures
 to relieve air quality problems.
   Conditions seemed  somewhat better
 elsewhere. Spokesmen for  States such as
 Massachusetts, Pennsylvania, and New
 York reported normal or better-than-aver-
 age summers with regard to air pollution.
 Western  cities such as Los Angeles es-
 caped July's  high pressure system which
 created moist, stagnant air over much of
 the East, but by the month's end a Califor-
 nia heat  spell was triggering smog alerts.
   The technical  name for smog is photo-
 chemical oxidants. Such oxidants  are not
 emitted directly into the atmosphere, but
 are  produced by a  complex series  of
 chemical  reactions  when  certain emis-
 sions from motor  vehicles and other
 sources—hydrocarbons  and oxides of ni-
 trogen—mix in the presence of sunlight.
   A chief component of smog is ozone, a
 pollutant which is reported frequently by
 weathermen giving Air  Quality Index
 (AQI) readings.
   "Emission-related  ozone  has some
 harmful  effects on  human health of  its
 own," Dr. Lawrence Plumlee, EPA Medi-
 cal Advisor, said. "It is used  also as an
 indicator  of  the level of photochemical
 oxidants in  the ambient air.  The ozone
 level corresponds to  the  overall smog
 level.
   "Not only has ozone reached high lev-
 els in Washington, D.C., this summer, but
 they  have  been  persistently  high. Such
 prolonged conditions may reduce  our re-
 EPA JOURNAL
sistance to disease.
  "The effect of these pollutants on the
population varies. Within  any group of
people there will be a range of sensitivi-
ties.  Most people will  experience some
eye irritation. Throat and chest ailments
are more frequent during these periods of
heat and high oxidant levels.  And, of
course, persons  with existing lung ail-
ments are vulnerable, as are the very old
and the very young. But even the very
hearty will experience quicker fatigue dur-
ing vigorous exercise.
  "Due to the effects of a combination of
oxidants, particulates (dust particles, lead,
etc.) and nitrogen oxides, a large propor-
tion of the population will experience dry
throats. For some, this will become a sore
throat. These sore throats can open the
door for  virus or bacterial infections in
some people because the defense system
is  broken down. Headaches are another
common complaint during  inversions,
most likely  because of high carbon mon-
oxide levels." •
  The National Weather Service reported
that  during July a humid, stagnant air
mass  was produced  by a high pressure
system combined with poor  upper air
movement and a general lack of weather
activity. This condition extended  from
New  England and central  New  York
through central Michigan and Minnesota,
as far west  as Nebraska and south to the
Gulf of Mexico. Temperatures soared well
into  the nineties and sometimes higher.
New York City, for example, experienced
the second hottest day in its recorded
history, 104° F. Its all time high is  106° F,
set in 1936.
  Dr. Maurice Franks, house physician
for the  Hebrew Home  of Greater
Washington, Rockville, Md., said that
during the worst pollution  period,  "We
asked our senior citizens to remain in-
doors most of the time because of the
excessive air pollution and heat. The pol-
lution makes breathing difficult and ag-
gravates many cardio-pulmonary condi-
tions. Fortunately, our  facility is  air-
conditioned and  we have had no serious
problems."

      Rose  Wimmer,  age 84, a retired
      nurse  living in Arlington, Va.,
stated, "When we do have  air pollution.
 my legs get weak and I can hardly walk.
 It makes my eyes burn and I can't get my
 breath. I stay inside as much  as I can. I
 can hardly make the two block trip to the
 store, so sometimes 1 have to get the food
 delivered. During air pollution periods 1
 have to  rest a lot and it's hard to get my
 housework done."

  Raymond  Lewis,  74, while out for a
 stroll  in Washington, D.C.'s Rock Creek
 Park,  said, "I've always made it a point
 these  last few  years since my stroke to
 take a  walk  in the  evening. But  this
 summer, what  with the hot weather and
 the pollution and all, there are times when
 I just cannot get out."
  In  a  recent  letter to the Washington
 Post,  James  L. Fulton of the Potomac
 Pedalers Touring Club, a bicycling organi-
 zation, wrote,  "On  any given weekend
 our members may be cycling distances of
 from eight to over 100 miles. After these
 rides  there has lately been a disturbing
 incidence of headaches,  burning eyes,
 weakness, nausea, etc."
  The Richmond Times Dispatch, Rich-
 mond, Va., reported on July 8, during a
 period of high ozone readings,  that "Area
 hospital  emergency room staffs are seeing
 more patients with cardiac and  pulmonary
 distress  ... In general,  these medical
 problems are attributable to combinations
 of heat,  humidity, and increasing pollu-
 tion."
  Dr. Michael Rolnick, Chief Resident of
 the Georgetown Medical  Center  Emer-
 gency Room, Washington,  D.C., said  that
 "based on personal observation and  that
 of my staff, there  seem to be more air-
 borne disease problems this summer than
 last.  Asthmatic patients are being seen
 more. In general, there seems to  be an
 increased number  of outpatient respira-
 tory problems ..."

  Harold  Frankford, an environmental
 protection specialist for EPA's  Region 111
 Office, explained that in the National Cap-
ital Interstate Air Quality Region, which
includes  the  District of Columbia  and
parts of Maryland and Virginia, Agency
efforts to  curb air pollution  have been
limited.  For instance, the Clean Air  Act
prohibits EPA  from implementing such
transportation control measures as park-

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                                                                                 Washington's mall leads to a Capitol wrapped
                                                                                 in summer smog.
ing surcharges  designed  to reduce auto
traffic in Washington.
   Most of the pollution in Washington.
this summer, he noted, has been caused
by the discharge  of auto fumes and the
hot, stagnant air.
   While noting that nothing can be done
about the  weather. Frankford said that a
major effort  is being undertaken to de-
velop a comprehensive region-wide plan
to control  and abate pollutant levels in the
Washington metropolitan aiva.

   One of the strategies being considered
is an auto  inspection and  maintenance
program. A new amendment to  the Clean
Air Act allows for such programs in areas
exceeding the ambient air  quality stand-
ards for auto-related pollutants.  The D.C.
government is willing to adopt an inspec-
tion and maintenance program,  according
to Frankford. but has held off because
the Maryland  and Virginia legislatures
have not yet passed laws to permit similar
programs in their jurisdictions.

   "Adoption of an inspection and main-
tenance system,"  he said,  "could help
reduce auto fumes from improperly tuned
and  maintained cars."  He added that
steps  are  also being taken  to require  in-
stallation of vapor control devices at serv-
ice stations, another step that should help
reduce pollution.
   According  to  Dr.  Plurnlee, ozone can
be windswept to areas other than where
it  was formed, creating  problems there.
For instance, a spokesman for the  Con-
necticut  EPA reported,  "This  summer
may qualify as one of our worst. Some of
our urban areas—specifically Derby, New
Haven, and  Danbury—have experienced
their highest ozone levels in the four  years
we've been taking readings. Ironically, our
problems are not caused so  much  by
stagnation, but by extra  high levels of
ozone being  blown in  from other urban
areas. When  we're experiencing 10  to 12
mph breezes, our ozone problem is  often
at its worst."
  Ozone  problems in  large cities,  how-
ever, are  usually exacerbated by stagnant
air. Dr. Plumlee explained. Furthermore.
atmospheric conditions called  inversions.
when a layer of cool air is trapped against
the Earth by a layer of warm air above,
also tend  to  prevent pollution from  being
dispersed or rising into the upper atmos-
phere.
  An Indiana Department of Health offi-
cial reported that  "there  was  a belt of
stagnation this July that  ran  along the
Ohio River Valley."
  The effects of this stagnation were felt
in southern Indiana and Ohio, and north-
ern Kentucky.  A  spokesman  for  Ohio
EPA said "This  has been a  very bad
summer for us.  We've already had several
alerts for ozone so far  this year in many
of our counties.  We've also  had  some
trouble with  particulates in the industrial-
ized Steubenvilie  area."  An official for
the State of Kentucky stated that "we've
been flooded with phone calls from people
with respiratory problems asking for in-
formation about oxidant levels and advice
about what precautions they should take.
We've had to install a toll-free phone line
with a recorded message  giving daily in-
dices and bulletins."
   In Los Angeles, the original smog capi-
tal, a member  of the California Air Re-
sources  Board  said, "Our summer  was
fairly mild  until  late July.  We had the
usual number of inversions and a continu-
ing smog problem, but then  we got  into
the period of  intense  heat,  resulting  in
alerts.  You  must  keep in mind that the
first stage of our pollution alert  scale  is  at
,2 parts per million of ozone. I understand
that on the  average it  is much lower on
the East Coast."  (In  Washington.  D.C.
for example, an ozone alert is issued at  . 1
parts per million of ozone).
   One problem which has led to some
confusion is the lack of a uniform national
index.  EPA and the Council on En\iron-
mental  Quality have recommended  that
agencies which  take air pollution readings
voluntarily adopt a proposed uniform sys-
tem called the Pollutant Standards Index.
(See EPA Journal. October 1976).
   "EPA and the  President's Council on
Environmental  Quality advise the States
on  how  to organize pollution  alert  sys-
tems," Administrator C'ostle  said. "EPA
makes scientific judgments about  the
health effects of various levels of pollu-
tants, and publishes criteria and guidelines
accordingly. There is still a great deal we
do not know.
   "While there is not  enough  historical
data to  presently determine national
trends for oxidants. there are some clues
to progress:  In  the mid-1960's, Los Ange-
les residents were exposed to smog levels
violating health standards an average of
176 days a year;  but by  the mid-1970's
this  exposure  was down  to an annual
average of 105 days.
  "Basically, since much smog is auto-
related,  society faces a  trade-off  in  its
transportation system. Our romance with
the automobiles has to be weighed against
the desire for better health. Dirty  air  is
already costing  us over $21 billion a year
in medical and property costs.
  "This  is an important time for citizens
to learn about the  issue of clean air,  and
to get involved."•

                      SKPrHMBKR 1977

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Auto  Recalls
The auto manufacturers should spend less time and money fighting
future auto emission standards and get around to the  business of
             the laWS already On the bOOkS. —EPA Deputy Administrator Barbara Blum
Item:  Rhiuary 15. 1973. The first recall
older  under the Clean Air Act was issued
by  then EPA Administrator William D.
Ruckclshaus. It involved 2,290 General
Motors vehicles. In his letter to the car
company. Ruckelshaus stated that engine
modifications were necessary to reduce
excessive emissions.

Item:  March 6,  1974. Then EPA Adminis-
trator Russell E. Train ordered what was
termed "the first large-scale recall  cam-
paign." It affected 826,(K)() Chrysler vehi-
cles and remains the largest recall issued
by the Agency to date. A defective device,
detected and reported to EPA by the
Chrysler Corporation, required correction
to reduce  nitrogen  oxide emissions for
compliance with Federal standards.

Item:  March 22. 1977. Douglas M. Costle
began his  second week as head of EPA
with his first news conference. He made
the following announcement: "I am today
ordering the General Motors Corporation
to recall approximately 135.000 1975 Cad-
illacs  for violation of air pollution stand-
ards.  The  recall is based on a  defective
carburetor design which resulted in exces-
sive emissions of carbon monoxide.  I do
want to acknowledge GM's agreement to
voluntarily recall these cars."

KPA JOURNAL
Item: July  13, 1977. EPA issued its most
recent  recall, involving some 220.000
Fords for violation of the nitrogen oxides
standard. In  announcing the recall. EPA
Deputy Administrator Barbara Blum said,
"Today's actions reiterate  our commit-
ment to solving such pollution problems
so that  we  a!! may breathe healthier air."
        Beginning with the first such ac-
        tion in 1973, about  7.3 million
        vehicles  have been recalled for
emission problems. Of that total, 5.8 mil-
lion have been voluntarily recalled by the
manufacturer as the result of EPA investi-
gation.  About 1.5  million vehicles  have
been recalled as a result of a direct order
by the Agency.
  "This repeated failure to meet emission
standards  has occurred at the  expense of
public health," Barbara  Blum  said. "The
recent  air pollution alerts  on the  East
Coast and elsewhere are graphic examples
of the problem."
  EPA  is granted authority for this recall
program under Section  207  (c) of the
Clean Air Act. The provision  states that
if a substantial  number of any class  of
vehicles or  engines—although properly
maintained and used—do not conform to
the  emissions  standards  when in actual
use.  the  Administrator shall order the
manufacturer to recall the vehicles to rem-
edy the nonconformity.
  According to Dr. Norman Shutler, Dep-
uty  Assistant  Administrator for Mobile
Source and Noise Enforcement. 11 mil-
lion 1973-77 vehicles are currently being
investigated by EPA for possible emission-
related recalls. "The fact that a class of
vehicles is under investigation does not
necessarily mean that a  recall will  be
ordered." he  explained.  "However, it
does indicate that a violation of emissions
standards or some defect related to emis-
sions controls may exist."
  A recall investigation may be initiated
as the result of EPA surveillance testing
of in-use vehicles,  EPA's assembly line
audit  program, the  manufacturer's  own
assembly line emission testing, or a con-
sumer complaint which might indicate a
potential problem with emissions.
  During the second phase of an investi-
gation, EPA  tests  samples of properly
maintained and  used vehicles to  deter-
mine  their emission levels while  being
driven, or to assess the effect of a partic-
ular defect on emissions.
  In the  final  step of the investigation, a
report is prepared which assesses whether

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or not all legal criteria have been fulfilled.
as well  as  the impact of the excessively
polluting vehicles on the environment and
the economic costs of making corrections.
   The  EPA Administrator then issues a
recall order to the manufacturer, who has
45 days either to submit a plan for reme-
dying the problem, or to request a hearing
to contest the basis for the recall.

   One recall to  date has been contested.
On December 10,  1976, former  EPA Ad-
ministrator Russell Train ordered Chrys-
ler Corporation to  recall 208.(XX) of its '75
cars, including C'ordobas, Newports.
Plymouth Furys and Grand Furys, Dodge
Monacos,  Charger SE's,  and  Coronets.
The  recall  was based on carburetor  mis-
adjustments which  resulted  in excess
emissions of carbon monoxide.  Train la-
beled this  "precedent  setting" since it
was  the first recall based  on improper
design and adjustment procedures. Previ-
ously ordered recalls had been based on
manufacturing defects.
   According  to Matthew  Low,  EPA's
Chief Counsel for the hearings, the  out-
come of this judicial proceeding may be
highly  significant. "It  could  define  the
entire course of the recall program," Low
said. "In the Chrysler case, certain facts
indicate that the company designed a ve-
hicle  in such  a way  as to facilitate or
cause misadjustments in use.
  "Thus, the ultimate significance of the
Chrysler case  may well be  that it  will
establish a  standard for manufacturers to
design maintainable vehicles."
  The hearings will commence on Sept.
 19  at F,PA headquarters, Washington,
 D.C.  Low  said  that  he expects  them to
 last three to four weeks, with a  decision
 being handed down by an Administrative
 Law  Judge sometime around the end of
 the year.

  Since last January. EPA's various inves-
 tigation methods for determining if vehi-
 cles are in compliance  with emissions
 standards  have  included testing  selected
 samples of new cars as they come off the
 assembly  line.  This  is called  Selective
 Enforcement Auditing (see EPA  Journal,
 January 1977).  On February 8, 1977, the
 first enforcement action under the new
 assembly   line testing  regulations  was
 taken.
  As a result, the Ford Motor Company
 was cited for failure of certain '77 Grana-
 das and Mercury Monarchs  to pass the
 tests.  EPA  ordered  Ford to recall about
 54,000 of the cars already built.  John R.
 Quarles. then EPA Deputy Administrator,
 stated at that  time,  "It's very disturbing
that in this early testing we find cars with
emission levels ranging as high as four
times the carbon monoxide limit. On the
average, the^ cars emitted about twice the
allowable levels."
  The auto recall  program also includes
foreign cars produced for  sale  in  the
United States. Some 550.(XX) non-domes-
tic vehicles have been ordered  recalled to
date. For example, on April 5.  1976. EPA
and  the  Department of Transportation
accepted a Volkswagen of America pro-
posal to recall  voluntarily 138.(MX) of its
1975 and early 1976 Rabbits and Sciroccos
in order to improve the reliability and
safety  of  the emission  control systems.
EPA and DOT's National Highway Traffic
Safety Administration  began  investiga-
tions of potential  problems  in  those
models after receiving a  number of con-
sumer  complaints  about overheating  of
catalytic  converters  and  malfunctioning
of an evaporative emission control device.
  Regarding the auto recall program. Ad-
ministrator Costle  has said,  "The  emis-
sions data and engineering analysis asso-
ciated  with the  recalls leave no room for
doubt that  EPA  should  order  these cars
be cleaned up. I intend to pursue a  vigor-
ous enforcement effort  toward assuring
that the Nation's automobiles are as clean
as Federal standards dictate." •
                                                                                                       SHITKlvim-R 1977

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Your   Gas   Mileage
Interview with Eric O. Stork, Deputy Assistant Administrator for
Mobile Air Pollution Control
(The "1978 Gas Mileage Guide for New Car Buyers," published
jointly by EPA and the Federal Energy Administration, is expected
to be available  soon from auto dealers and from the Consumer
Information Center, Pueblo, Colo., 81009. The free booklet gives
the fuel economy results from EPA's testing of 1978 model cars and
light trucks. The following interview explains how the results are
obtained and what they mean.)
 Q: Why does the EPA,  which is responsible for
 environmental protection, get into the business of
 telling the public about the fuel economy of cars?
 How does that relate to environmental protection?
 A: The fuel economy information that EPA has published  for a
 number of years has been  an outgrowth of our environmental
 protection work, and has been a vital support to our primary mission.
   Here's how it came about. Back in the early seventies, we began to
 get complaints about  what  emission controls were doing to cars.
 Now, the auto industry has a long history of building some lemons.
 When you build millions of cars there will be some mistakes. Before
 the Clean Air Act mechanics and auto 'companies had to take  the
 blame for their own errors.
   But with  the coming of emission  standards,  mechanics and the
 industry found a scapegoat—the emission standards. Emission con-
 trols began to be blamed for everything wrong about cars.
   We started getting all sorts of complaints, including complaints
 that emission control caused fuel economy to drop off sharply. So I
 asked our staff at our laboratory in Michigan to give me a report on
 the effect of emission  controls on fuel  economy. At first  our staff
 said that there was  no way in which they could do this, because
 there was no consistent data base on the fuel economy of cars. While
 every auto company and some private organizations all had used
 various fuel economy test procedures, none of these were compatible
 with the others. To make an  analysis of the type we needed we had
 to have a data base of  fuel economy tests made on a consistent test
 procedure.
   Then a couple of bright young fellows in our lab realized that we
 had in our own files an absolute gold mine of information. You see,
 we had been testing auto  emissions for some time, and we had saved
 the results of those tests in our files. Now, when a car is tested for
 emissions, you keep  track of the carbon monoxide coming out of the
 tail pipe, as well as  the unburned hydrocarbons, and the oxides of
 nitrogen. And you also keep track, for technical  reasons, of carbon
 dioxide coming out of the tail pipe.
   Hydrocarbon, carbon  monoxide, carbon  dioxide. These are all
 carbon terms, and are the only forms of carbon that.come out of the
 tail pipe when you test a car for emissions. AH that carbon comes
 from the fuel that's powering the car during the test, namely gasoline.
   Since the amount of carbon in a standard gallon of gasoline is
 known, and since we knew how far we drove the car in the emission
 test, it was  possible to determine the fuel economy of the vehicles
 EPA JOURNAL
tested, and to analyze fuel economy effects of things like emission
control.

Q: What did you find from this analysis?
A: The single most important factors determining fuel economy of
cars are vehicle  weight and engine size. A car that weighs 5000
pounds takes just about twice as much fuel to drive in urban traffic
as a car that weighs 2500 pounds. Similarly, if two cars weigh the
same the one with the more powerful engine will have significantly
lower fuel economy, especially in city driving.
  We  also found other ways in which fuel economy is lost. The
automatic transmission is one example.  Air conditioning can use a
lot of fuel, depending on how hot it is, the humidity, and the length of
time it's on. Tires make  a difference. There are also a  number of
other factors.
  We also found that emission standards had had an effect on cars.
Up through the 1974 model year, emission controls had reduced fuel
economy for all cars  by II  or  12 percent on the average. The
reduction was greater than that for larger cars, and for small cars
there was.little or no loss.

Q: What did you do with this information?
A; This information became very important in the debates about
energy conservation and emission control. In the spring of 1973 the
President directed EPA to publish its fuel economy car information,
for the use of car buyers. Nothing we've ever published in the
Federal Register received as much public interest, and so as a follow-
up we developed the Mileage  Guide and the voluntary car mileage
labeling program.
  Congress, in  1975, wrote  into law a requirement that all auto-
companies label their cars with fuel economy information obtained
from EPA into the Energy  Policy Conservation Act, so what had
started as a voluntary program became mandatory.
  Congress also wrote into the law a requirement that EPA publish
the Mileage Guide. And Congress based the fuel economy standards
for future cars on our mileage estimates.

Q: Why should EPA continue to provide fuel econ-
omy information?
A: There are still people around, including the auto companies at
times, who insist that environmental controls of automobiles must
reduce fuel economy. That claim is just not true. If a manufacturer
elects  to use the best  available  technology, he  can meet emission
standards even more stringent than present ones without reducing
fuel economy. It's extremely important for the Federal Government
to remain active in fuel  economy to be able to keep that record
straight as the emission standards get tighter. In addition, the Mileage
Guide and car labels provide a useful service to the public by helping
people select from among new cars those that have the better fuel
economies. Since fuel economy is now such a large factor in selling
cars, someone has to keep the industry honest on fuel -economy
claims. The GAO and others have concluded that EPA can do this, in
conjunction with our certification program, at a small fraction of the
cost any other agency would have to incur.

-------
Q:  Why doesn't my cur get the gas mileage your
figures say it should'.'
A:  This is a question we're often asked. The fuel economy of any
car is dependent on how you drive it—in real life or in a test. There
isn't a car anywhere  in the United States on which we could not
demonstrate fuel economy that ranges from zero to better than 100
miles a gallon.
  I'd better explain that. We'll measure zero miles per gallon  if the
car sits and  idles long enough.  We'll measure better than 100  mifes
per gallon if the car coasts down a mountain.
  Now. neither one of those is a realistic  way of testing for fuel
economy.  But  before EPA standardized fuel economy testing, the
figures used in  auto company ads  were sometimes not much  more
realistic.
  The  key point is that fuel economy of a car is dependent on how
you drive that car, how long a trip you take it on, the speed at which
you drive, whether you have a heavy or gentle foot on the accelerator,
whether your tires are properly inflated, whether the weather is hot
or cold or moderate when you start.  Whether the car is properly
tuned up or  not properly tuned  up. There are a host of variables.
      oon
 That  is why  there is no  way to design a test procedure that will
 predict with precision the fuel economy that each and every individual
 owner will get in his car. because they'll all get different results from
 nominally identical cars.
   The most that  is possible is to develop a test procedure that is
 based on average driving, as we have  done. One that  gives you
 reliable figures on the relative fuel economy performance of cars that
 are available for purchase.
   In  using the EPA Mileage Guide, you should  not look  at an
 absolute  fuel economy number and say to yourself. I'm going to get
 this number. You may get less, you may get more, in your own kind
 of driving.
   Rather, you should look at those numbers and compare  them to
 other cars that you're considering for purchase. If the Mileage Guide
 rates Car A at having 2Q9r better fuel economy than it rates Car B.
 then you can be  pretty sure that you'll get about  2W7c better fuel
 economy from Car A than from Car R in your own kind of driving.
 That's really all the numbers are designed to tell you.

Q: What  can I do if I find my car isn't getting the
gas mileage listed by EPA'.'
A: If you find that your car isn't getting anywhere  near the ERA's
estimate  you  can  start  by comparing your kind of driving to the
driving that's done under ]-.\>\ tests.
   The trips you take in your car may be much shorter than the test
cycle used by EPA. Our city trip represents an average urban trip of
about 11  miles,  at an average speed of about 22 mph.  Your average
trip may  be shorter, or you may drive much faster.  Also, many
people drive on freeways at substantially  higher speeds than used in
our highway  tests, which represents  an  average of ;ill non-urban
driving—not freeway driving alone.
   You might also assume that your engine is properly tuned up. If it
isn't, you're going to get poorer fuel economy.
   You should also make sure that your tires are properh inflated. If
they're not, you're wasting a lot of energy, (heck to see  that your
front end is properly aligned, so that you don't drag your front tires
down the highway sideways to some degree.
   Finally, you might be able  to change some of your personal driving
habits if you find that your fuel economy is too low.

Q: Htis experience shown that man inspection and
maintenance programs help gtts mileage'.'
A: Yes. Data  available on inspection and maintenance programs, as
well as data available from other  studies in  which fuel economy was
evaluated  on cars before and after tune  up, consistently show that
the fuel economy of well-tuned cars is better than the fuel economy
of cars in  what might be called an average state of repair.
                                                               Q: Bused on the  information you  lure now, are
                                                               there any new trends or new information emerging
                                                              from the tests'.'
                                                                                                        Continued on page 21

                                                              9                                           SEFFEMBER 1977

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H'A.IUURN/

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A  Tale    of  Two   Cities
         This is a tale of two cities—Okla-
         homa City, Ok la. and New Stan-
         ton, Penn.—in which EPA has
given the go ahead for the construction of
new auto assembly plants even though
both cities are already suffering from ex-
tremely dirty air.
   Allowing the plants, major contributors
of hydrocarbon pollution, to  locate in
these  areas may seemingly contradict
EPA's goal of a clean environment. How-
ever, EPA's newly evolved "emissions off-
set" policy is  a  compromise that allows
industrial  growth in polluted areas of the
country if progress is made toward clean-
ing the air.
   Under  the policy of "emission offset"
new  air pollution emissions from new
industrial  sources—already minimized by
available technology—must be more than
offset  by  a reduction in emissions  from
already existing facilities. The ratio of the
trade-off must be more than one to one.
   If a major, new source wants to locate
in  a  polluted  area, it  must meet  strict
requirements. A major  source is defined
as one with emissions greater than 100
tons per year of major pollutants, or 1,000
tons of carbon monoxide. It must control
its emissions, achieve more than an equiv-
 alent offset, and make reasonable  prog-
 ress  towards national air  standards.  Al-
 though the primary  responsibility  for
 finding the offsets rests with the locating
 industry,  the State still has the option to
 find offsets itself, as the State of Pennsyl-
 vania chose to do in New Stan ton.
   An important aspect of the policy is its
 built-in flexibility. Emission offsets  may
 actually be obtained in a variety of ways—
 by cleaning up the emissions of an exist-
 ing facility owned by the  new company,
• by cleaning  up  a  source belonging to
 another company, or by  shutting down
 facilities.
   "The  net effect of the  new  industrial
 growth,"  says EPA Administrator Doug-
 las M. Costle, "will be an actual improve-
 ment in air quality."
   The construction of a Volkswagen as-
 sembly plant in New Stan ton, and a Gen-
 eral Motors assembly plant in Oklahoma
 City mark two of the first  major facilities
 to come under the policy.  The GM plant
 will add more than 3,000 tons of hydrocar-
 bons  annually  to the  already  polluted
 Oklahoma City air. The process of finding
 offsets to allow the plant to come in began
 with  a series of meetings between Region
 VI Administrator John White, Governor
of Oklahoma David L.  Boren, represen-
tatives of GM, the county Department of
Health, and the city's Chamber of Com-
merce. Further  discussions were held
among the city's industries to figure out
where  hydrocarbon emissions could  be
reduced or eliminated.
   It was discovered that many crude oil
storage companies had storage tanks that
were "breathing"  hydrocarbon vapors.
These  could be eliminated  by placing
floating roofs on the tanks. The roof floats
with the  liquid level inside and prevents
the escape of vapors. EPA, GM, and the
city  then got together  to find ways to
further control emissions in the new plant
itself. They found that by using new ab-
sorption systems, and by switching to a
water-based  paint in areas of the  plant
where  the  car  bodies  receive the first
coat of paint, GM could achieve  signifi-
cant reductions in its own hydrocarbon
emissions.
   According to Costle,  "EPA, State, and
local government and business represen-
tatives worked  together and  persuaded
several oil companies in the area to reduce
their aggregate emissions of hydrocarbons
by  5,280 tons per year. Now GM can
begin building a plant  that  will  provide
new jobs, add to the city's tax base, and
yet not deteriorate air quality." Thus, by
using the policy, the net reduction of
hydrocarbon emissions achieved was over
2,000 tons per year.
   In New  Stanton, near Pittsburgh, a
proposed Volkswagen  auto  assembly
plant posed similar problems. It was esti-
mated that the plant would emit 900 tons
of new hydrocarbon emissions into air
already considered by EPA to be polluted.
The  state of Pennsylvania, through  its
Department of Environmental Resources,
chose to  actively assist  in providing off-
sets. They  first explored  traditional
sources, like plants with smokestacks, and
found that, for a variety of reasons, they
would not be appropriate for offsets.

   EPA worked  with the State to find
ways to  reduce  hydrocarbon  emissions.
As a result, it was found that if the State
started using a low-polluting asphalt in its
road maintenance operations, the neces-
sary reductions could  be achieved. The
asphalt uses a water-based solvent and its
use will reduce hydrocarbon emissions by
1,025 tons per year.
   The Clean Air Act of 1970 does not
allow  the  location of new  industrial
sources of air pollutants in areas violating
Federal air quality standards if they "in-
terfere" with the eventual  attainment  of
those standards.  The  "emission offset"
policy was  issued last December as  a
further interpretation of this prohibition.
The  policy is based  on the assumption
that industrial growth is realistically com-
patible with  the  philosophy of the  Act.
Congress originally set  1975-1977 as the
years in which the  standards  for major
pollutants  had to be achieved  nationally.
While  significant  cleanups were made,
most areas of the country failed  to meet
their deadlines. The question was raised
as to whether or not new industrial growth
would have to be stopped in these areas.
EPA decided that growth could continue
if it resulted in progress towards cleaner
air.

  The success of EPA's emission  offset
policy in Oklahoma City and New Stanton
demonstrates that concern for environ-
ment and human health, and the  goals of
industry, can be aligned if a mechanism is
provided.
  In both cities the technology for resolv-
ing  the problem of growth and pollution
was  readily available. It is  hoped that in
future situations the policy will be "tech-
nology-forcing"  by providing industry
with incentives to use all the ingenuity  it
can to evolve new methods of pollution
control.
  In both cases, industry actually saved
money by changing technologies, and
progress was made  toward the goals  of
human health. In this tale of two  cities,  it
can be said that an acceptable  balance
was achieved.
  The "emission  offset"  policy is  now
being used  in a wide  variety of  cases
throughout the Nation. But New  Stanton
and Oklahoma City are significant in an-
other respect—both  situations involved
automobile plants.
  "It is ironic that the first two compa-
nies  to build under our offset  policy are
auto manufacturers," commented Costle.
"The purpose of the policy is to  allow
economic growth in non-attaining, or pol-
luted, areas,  yet auto pollution is the main
reason many areas have not yet achieved
air quality standards. If the auto industry
continues  to pollute without  using new,
as well as available,  technologies to curb
pollution, then controls on industry, espe-
cially new industry, will have to be tough-
ened." •

                     SEPTEMBER 1977

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AROUND
THE
NATION
paper penalty
The Scott Paper Company has paid a total of
$110,000 in civil penalties for air pollution
violations from its Winslow, Maine.mill. A
$10,000 fine was assessed for violation of the
national ambient air quality standard for sul-
phur dioxide plus $1000 for each day in June
that the mil) continued to operate in violation
of applicable sulphur dioxide emission limita-
tions. The mill at Winslow was shut down on
June 19th, and ihis operation transferred  to a
new plant at Somerset, Me., which is ex-
pected to meet air quality standards. The
Winslow mill produced wood pulp for mak-
ing paper. Chemicals used in the process
produced sulphur dioxide that can irritate
eyes, nose, throat, and lungs when carried in
the air. The plant had been assessed heavy
penalties for air violations earlier this year.
puerto rican violations
EPA's Region II issued a "show-cause" order
to the Puerto Rican Aqueduct and Sewer
Authority concerning violations at 91 sewage
treatment facilities operating on the island.
On the basis of EPA and Environmental Qual-
ity Board site inspections and the Authority's
monitoring reports. Region II found a contin-
ued pattern of poor maintenance in violation
of provisions of the Federal Water Pollution
Control Act of 1972.
Regional officials and the Authority are dis-
cussing measures to bring a!! plants into com-
pliance by means of training programs for
operators, development of a spare parts inven-
tory to assure speedy equipment repairs, and
a program of periodic site inspections.
dusty streets
Region III is using a novel approach to deter-
mine if one of the causes of high paniculate
readings in Philadelphia's air is due to street
dust.
During a three-day period in June, city water
trucks continuously doused a five-block sec-
tion of Broad Street, one of Philadelphia's
major thoroughfares, in order to wash away
dust and other particulate matter. Specially
erected air monitoring equipment was used
to determine what airborne pollution was
eliminated by the street washing.
While such intensive street washing would
not be used as a routine control measure,
other types of control would be considered if
street dust is found to be a significant cause
of city air pollution. A report on the study
should be completed later this month.
annual report
The third Regional Administrator's Annual      sludge disposal
Report on Environmental Quality in New
England has been completed by the Region I
Public Affairs Office. Once again automobile-
related pollutants appear to be New England's
most difficult air pollution problem. While
the report indicates that watei quality im-
proved slightly in 1976, with 51 percent of the
major stream-miles meeting the fishable-
swimmable slandards. it also points to the
increasing threat of polychlorinated biphenyls
(PCB's) to the Region's waterways.
Two recent EPA grants went to projects that
will use sewage sludge for land application.
A $28 million construction grant was awarded
to the Butler (Pa.) Area Sewer Authority for
the expansion of a treatment plant and con-
struction of new sanitary sewers. The sludge
produced at the plant will be transported and
disposed of on a former strip-mine. The
                                                            12
reclaimed land will eventually be used for a
public park.
Region III also awarded the first of two
grants totalling more than $5.7 million for the
construction of a sludge composting facility
for Washington, D.C.'s Blue Plains Water
Pollution Control Facility. The composting
process, developed at the Beltsville Agricul-
tural Research Center, will produce a product
that can be sold commercially for soil enrich-
ment.
permits denied
Paul Traina, enforcement director of Region
IV, has announced that EPA will not issue
pollution control permits to 47 east Kentucky
coal mines—a majority of which are strip
mining operations. A large number of these
mines are located in Pike County.
The action follows a determination by the
U.S. Army Corps of Engineers that dis-
charges of pollutants from the mines would
potentially affect navigation in the receiving
streams.
Under the Federal Water Pollution Control
Act, EPA must refuse to issue a permit to an
applicant when the Corps concludes the dis-
charges would adversely affect anchorage
and navigation in receiving streams.
Traina notified each mine operator that "any
discharge into waters of the United States
without a permit is a direct violation of the
law subject to civil and criminal action."  Civil
penalties of up to $10,000 per day, and crimi-
nal fines of up to $25,000 per day, could be
assessed.
steel enforcement
Interlake, Inc., an Illinois steel company, has
agreed to reduce particulate emissions from
its coke-making facilities by 90 percent over
the next 30 months. EPA officials and US.
attorneys reached this settlement with the
Illinois steel plant during a lawsuit in which
EPA charged Interlake with violation of the
Clean Air Act for failure to install controls at
its coke batteries. Harmful particulate matter
is emitted during the pushing stage of the
coke making process.

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In another action, involving the US. Steel
Corporation, Region V moved to bring about
cleanup of particulate matter from five coke
batteries at Gary, Ind., by issuing a 30-day
notice of violation of federally enforceable
State pollution regulations.  The five coke bat-
teries have been emitting more than 2,400
tons of particulate matter a year. Indiana
regulations allow only  1,527 tons a year. Re-
cently, US. Steel was fined $4,250,000 for
violations of air and water regulations.
spot checks
EPA's Region VI Office in Dallas is continu-
ing its random inspections of municipal vehi-
cles and gasoline supplies to determine com-
pliance with unleaded fuel regulations. The
regional office recently received a $28,000
check from the city of Houston for violation
of regulations.

water cleanup
The first significant water cleanup of Morgan
Lake, in the Four Corners, New Mexico area,
is under way. The Arizona Public Service
Company will spend $6 million to bring its
Farmington facility into compliance with Fed-
eral water requirements.
The company, the State, New Mexico Citi-
zens for Clean Air and Water, and EPA
reached a workable solution after two-and-
one-half years of administrative litigation.
The lake cleanup is important because the
lakewater flows into the San Juan River,
which empties into the Colorado River.
Morgan Lake is located on the Navajo Reser-
vation, and the company's efforts will mean
cleaner water for sheep grazing, fishing, and
recreational activities.
prodding the press
EPA has assumed primary responsibility for
the enforcement of the Safe Drinking Water
Act in Missouri. The Missouri General As-
sembly defeated a bill that would have made
Missouri's drinking water regulations at least
as stringent as the Federal law and given the
State the means to enforce the regulations.
With EPA's assumption of primacy for Mis-
souri, the Region VII Water Division and the
Public Affairs Office decided that affected
communities throughout Missouri should be
informed about the change. Three teams,
made up of a water supply specialist and a
public affairs specialist, divided the State into
three areas. The week before EPA assumed
primacy the three teams set out to contact all
media possible. Daily and weekly newspa-
pers were considered the most important
source of getting the information to the peo-
ple. The papers were provided with a press
release, a feature  story and pamphlets on the
Safe Drinking Water Act.
A total of 64 weekly and daily newspapers
were contacted throughout the State as well
as several radio and television stations. News
stories appeared on the front pages of the St.
Louis Post-Dispatch and the Kansas City
Star.
gift photos
In cooperation with EPA's Region VIII office,
Naval Air Force Reserve units recently took
aerial photographs of selected areas of the
Region as part of their active training pro-
gram in intelligence and reconnaissance mis-
sions. The color photographs were given to
EPA for use in conducting compliance inspec-
tions for spill prevention and control. The
Naval Reserve units got valuable training,
and the Region VIII Emergency Planning
and Response Branch received information
that is ordinarily gained through time-consum-
ing on-ground inspections.

energy tour
Barbara Blum, Deputy Administrator, com-
pleted a tour of energy developments in the
Region, including a prototype oil shale recov-
ery plant at Rifle, Colo., a major coal-fired
                   13
                                                                                        power plant near Rock Springs, Wyo., and
                                                                                        the Nation's largest operating coal strip mine
                                                                                        operation near Decker, Mont. She met with
                                                                                        environmentalists and industry representa-
                                                                                        tives to hear their views on energy develop-
                                                                                        ment in the West and on environmental prob-
                                                                                        lems. Blum traveled by chartered aircraft,
                                                                                        auto, and helicopter while making the tour.
more jobs
Region IX obligated a record-breaking $22
million in construction grant funds during
June. In addition to being a substantial step
toward achievement of national wastewater
treatment goals, the grants will provide em-
ployment for an estimated 10,000 individuals.
Regional Administrator Paul De Falco Jr.
said, "I don't believe that there is, as yet,
adequate public understanding of the econom-
ically stimulating aspects of our construction
grants program. In a time when we are being
criticized for actions that allegedly have a
negative impact on the job market, it is impor-
tant to recognize the job-creating aspects of
such programs."
 unsafe water
 EPA officials have notified suppliers of public
 drinking water in six small Oregon communi-
 ties that tap water in their systems violates
 national drinking water standards for bacteri-
 ological purity. Operators of five of the sys-
 tems were asked by EPA to issue "boil
 water" notices to consumers. Although the
 six communities have small populations, all
 are located in recreational areas—two in
 northeastern Oregon and the others on the
 Pacific Ocean in Tillamook County—and are
 visited by a large number of summer vacation-
 ers. There have been no reports so far in any
 of the communities of illness that could be
 attributed to the water supplies.
 The six systems were among 30 Oregon
 water supply systems checked out by EPA
 field crews Since June 24, the day the national
 drinking water standards went into effect.
 Oregon did not assume  authority for enforc-
 ing those standards.

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Administrative
Law Judges
Hi i inn ,1 I). U'vinson


Km JOURNAL
Spencer T. Nisstn
               Thomas B. Yost
                      14

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       In September of 1974,  Administrative
       Law Judge Herbert L. Perlman handed
       down  his decision in the  now famous
Aldrin-Dieldrin suspension  proceedings. In a
109-page opinion, later adopted in substance
by the Administrator and eventually affirmed
by the US. Circuit Court of Appeals,  Judge
Perlman  concluded that  the registrations of
the pesticides Aldrin and Dieldrin should be
immediately suspended in order to prevent an
immine'nt hazard to human health.
  The dramatic and controversial hearings
probed  deeply into the carcinogenic effects
of the pesticides on laboratory animals  and
industrial workers. In determining that  an
imminent hazard existed, Judge Perlman re-
lied heavily on the testimony of many govern-
ment  and industry witnesses. Various envi-
ronmental groups,  farm  representatives  and
government agencies intervened  in the pro-
ceedings to present their side of the  story
.  . .  some advocated complete  cancellation
or suspension, others favored limited uses,
and still  others, challenging the  reliability of
the cancer reports, urged full and unrestricted
use.
  The tradeoffs involved in the Judge's deci-
sion presented the  classical dilemma of envi-
ronmental regulation. Aldrin and Dieldrin
were  two widely used agricultural pesticides.
It was predicted that without them, or com-
parable substitutes, a substantial portion of
America's farm harvests  would be destroyed
by  insects. On the other  hand, laboratory
studies  consistently indicated  that the  pesti-
cides caused cancer in test animals.
   Ultimately  the  outcome  of such clashes
between the  public  interest and  the private
economy turn on questions of law. And ques-
tions  of law require the determination of facts.
Within  the Federal regulatory agencies,  the
initial determination of facts and the applica-
tion of law to those facts is the responsibility
of Administrative Law Judges.
   Many Federal agencies are obligated by
Congress to  carry on similar quasi-judicial
functions. Statutes defining an agency's field
of regulation  often required the agency head
to conduct formal hearings reviewing the mer-
its of administrative actions. In order to  per-
form  this judicial role fairly it became  neces-
sary to separate the Administrator's function
of  prosecutor  from that of judge. Further-
more, the heads of these agencies were unable
to conduct the required hearings themselves
because  of the substantial  amount of time
and expertise required to gather the evidence
and  sift through  the facts. Thus,  in  1946
Congress created the  position of Hearing Ex-
aminer, now known  as Administrative  Law
Judge, to perform the quasi-judicial functions
delegated to the regulatory agencies.
  The Administrative Procedure Act of  1946,
by  establishing the  Administrative  Law
Judges, in effect created an independent judi-
cial  arm  within each agency. In order to
separate the discretionary and judicial func-
tions of the  agency head, it set up strict  rules
including  prohibition  against off-the-record
communication between the Judge and inter-
ested parties, including the prosecutor.


          EPA Administrative Law Judges are
          selected and appointed by EPA's
          Chief Judge from  a  list -of eligibles
furnished  by the Civil Service Commission.
While they  are  paid  through  agency funds,
the  salaries of  Administrative Law Judges
within an  agency are fixed by  the Civil Serv-
ice Commission and range from GS 15 to 17.
They have what are known  as "career abso-
lute" appointments.   Unless  a judge so re-
quests or  agrees, he cannot  be  transferred to
another agency or another position, his  deci-
sional functions cannot be regulated and he
cannot be removed or disciplined except for
cause after a formal  hearing before the  Civil
Service Commission.
  "The requirements for  appointment as an
Administrative Law Judge are probably more
rigorous than those for any other Civil Service
position," according to Charles Dullea, Direc-
tor  of the US.  Civil Service Commission's
Office of Administrative  Law Judges.  The
minimum  requirements set by the Civil Serv-
ice Commission call  for at least seven years
prior legal experience  either as a judge, a trial
lawyer, or as an agency attorney.
  When an  application  is  received by the
Civil  Service Commission, it is reviewed by
the  Director of  the Office of Administrative
Law  Judges. The applicant's  qualifications
are  then carefully investigated  by the Com-
mission through written and oral  interviews
with professionals around the  country  who
have known  the applicant.
  The prospective judge is then given a score
from  0 to  100  based upon the Director's
evaluation and the reference investigation. A
score of 80 percent, 10 points higher than the
general Civil Service  Exam,  is required to
 pass.
   If the prospective judge passes these pre-
 liminary evaluations he  is then called  in to
 write a  sample administrative law  decision
 which is graded  by a panel composed of a
 Civil  Service Commission representative, an
 examiner from the  local  bar association, and
 a representative from one of the Federal reg-
 ulatory agencies.
   A lengthy oral  interview is then conducted
 and a final rating  assigned. In the selection of
 candidates special weight is given to the per-
 sona! interview results since a judicial temper-
 ament, one of the primary qualifications for
 appointment,  is not easily assessed by test
 scores. If the applicant scores above 80 per-
 cent on  all tests, his  or her name is  then
 placed on a ranked  list of eligibles for certifi-
 cation to the agencies when requested.
   A total of 850  Administrative  Law Judges,
 are now assigned to  29 Federal agencies.
   EPA currently has seven  Administrative
 Law Judges.  Five are located at EPA head-
 quarters in Washington,  D.C. The  two field
 judges are stationed in Atlanta  and Kansas
 City. These judges  hold  hearings throughout
 the country, depending on the type of hearing,
 the requirements of the statute,  and the con-
 venience of the parties.
   EPA's Chief Administrative Law Judge  is
 Herbert  L. Perlman. In addition to presiding
 over cases of his own. Judge Perlman assigns
 cases to  the other six judges.  Some of these
 cases are short, with hearings lasting only a
 day or a few days. Others, such  as the pesti-
 cide cancellation  heatings, can take months
 or even years to complete.
   "The  reason some of these cases take so
 long is that the factors on which the decision
 must  be  made  are so complex." Judge  Perl-
 man said. "To decide whether the benefits of
 some widely used  and efficacious  pesticide
 outweigh the risks  to human health and the
 environment is no simple task."  Much of the
 evidence presented  in such cases is theoreti-
 cal, and  in many instances is challenged by
 other studies by competent investigators.


          The initial decisions  of  the  EPA
          Judges  are subject to review by the
          Administrator on appeal. Using the
 record of the  administrative hearing and the
judge's  written decision  the  Administrator
 makes a final decision which becomes binding
                      Continued on page 2 2
                                                                                                                 SEPTEMBER 1977

-------
Marines  Protect  Environment
        On a lava outcrop off the shores
        of  Oahu,  Hawaii, a  young
        wedge-tailed shearwater waits
in the warm sun. Almost grown, the bird
has been abandoned by its parents. Plen-
tiful fat reserves will keep it from going
hungry for a while. It tries its wings. In a
few flaps it is airborne, but  the new and
awkward  muscles are no match for the
trade winds. Blown toward shore, it
makes an ungainly landing on the sands
of Mokapu Peninsula. Left on the beach,
the shearwater would not survive, for it is
easily preyed upon by Hawaii's voracious
aliens, cats, dogs,  and mongooses.  A
young Marine picks  up the  bird and re-
minds it how to fly  by  throwing it into
the air. First five feet, then ten, and at
twenty feet the fear of falling triggers an
instinct. The wings flap and the shear-
water takes flight to finally  join the rest
of its kind. This rescue is only one that
has helped  make the Marine Corps  Air
Base at Kaneohe Bay, Oahu, the recipient
of the 1976 Secretary of Defense Environ-
mental Quality Award.
  The selection  committee, under the
sponsorship of Dr. John White,  Assistant
Secretary of Defense for Manpower Re-
serve Affairs and Logistics,  met on June
16, 1977 to decide which Defense installa-
tion had the most exemplary environmen-
tal program  in 1976.  Other members of
the committee were  Rebecca  Hanmer,
Director of EPA's Office of Federal Activ-
ities; Harold O'Connor, Deputy Associate
Director of  the U.S. Fish  and Wildlife
Service; and Rob Robson, Budget Exam-
iner of the Environmental Branch of the
Office of Management and  Budget. The
Department of Defense began the Awards
program in  1973  to  encourage  environ-
mental programs  on its  243 installations
that embrace more than 19.5  million acres.
  Initially, each of the  armed  services
submitted an area for consideration in the
competition.  The  nominees  were evalu-
ated by the committee using criteria based
upon  the successful implementation of
pollution  control  requirements   and -the
National  Policy Act  (NEPA). Does  the
installation's program  comply  with
NEPA? Was a viable environmental orga-
EPA JOURNAL
nization set up? Are unquantifiable eco-
logical and human values being consid-
ered in the planning process? Has the
public had a chance for input? Is ecologi-
cal diversity  being  maintained? These
were just  a few of the  questions  each
facility had to answer.
   Additionally, the committee had  to
weigh  in the  military mission and  con-
straints that go with it.
   By a unanimous decision,  the winner
of this year's award was the Marine Corps
Air Station at Kaneohe Bay.
  "We found it  necessary," said the
judges'  letter of  recommendation, "to
identify the one installation that went the
extra mile to  meet the spirit ... of our
national environmental policies.  It  was
this additional criterion that set the  1976
Kaneohe Bay  program apart . . . With


"The goal of our

environmental program

is to give

Nature the freedom

to do its best."
Environmental Quality Report (1976)
Marine Corps Air Station
Kaneohe Bay, Oahu, Hawaii

very limited resources, the Command at
Kaneohe  Bay went the extra mile  to
imbue its personnel with a special concern
for the environment and a desire to work
with State and local officials to enhance
and protect it. This special  concern and
desire  that we found in the  program . . .
and its innovative use of limited resources
was unique."
  Three other military bases received rec-
ognition for outstanding programs in this
year's  competition.  Point Mugu Naval
Test Center in  California, Vandenberg Air
Force Base, also in California, and  Fort
Sill in Oklahoma all had notable environ-
mental programs. "The programs of these
four installations establish a  standard  of
excellence for other Defense  installations
to emulate," the Committee said.
               16
  The Marine Coips Air Station at Ka-
neohe Bay is situated on 4.6 square miles
of the Mokapu Peninsula on the island of
Oahu. About 16,000 persons either live or
work on the station. Because an island is
relatively small and isolated to begin with,
resources are sharply limited and the en-
vironment far  less resilient than on a
mainland.  The  disposal  of solid  wastes
and toxic substances, and the pollution of
fresh water can present acute problems
demanding innovative approaches.  The
Marine Air Station is faced with problems
common to islands throughout the world,
as well as in cities  in general. Bounded
by military constraints and budget limita-
tions, the Marines have managed to gen-
erate an imaginative array  of programs
that save  resources  and  encourage on-
base lifestyles to be more ecological.
  For instance, the supply of fresh water
on Oahu is  limited. Occasionally, there
are times when water hours, or conserva-
tion hours, are  mandatory. The  use of
water on the base was found to be increas-
ing. In response, the Marines undertook
an extensive conservation project. Loud-
speakers on cars announced the program,
violation notices were issued for misuse,
and wastewater from the on-base sewage
treatment  plant was substituted for fresh
water in  irrigation.  As a  result, the
station's overall consumption went down
even though its population had grown.
  The recycling of wastes and toxic sub-
stances is an important facet of Kaneohe
environmental activity. Old oil from vehi-
cles is used to  power the station's boiler
plants. Plant engines are kept  well-tuned
by experts, thus eliminating  bad  emis-
sions. Waste oil is  also used to subdue
dust on roads, and is mixed with jet fuel
for fire-fighting practice.
  Asphalt  is extremely costly in Hawaii.
When the airfield  needed  repaving the
Marines decided to  try something  new,
the heater-scarifier method. A large ma-
chine  looking  like  something out  of a
science fiction  movie was used  to plow
up the old  asphalt. This material was then
mixed with a binder and re-used for pav-
ing. According to Tom  Cajski,  the sta-
tion's  environmental affairs officer, the

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                                                                                 Tree planting is an important part of the
                                                                                 environmental program sponsored by the
                                                                                 Marines.
materials and energy used were one-third
of those  normally used  in  a repaying
project. Kaneohe Air Base was the first
in the tropics to use this method, he said.
  All sewage on the base receives second-
ary treatment. In an experiment  at the
digester of the treatment  plant,  methane
gas is trapped as it's being given off, and
is burned as  fuel to heat the digesting
bacteria, which then work faster.
  Other environmental  quality programs
on the station  include the installation of
sound-suppression facilities and a special
test cell that filters emissions from  F-4
Phantom  jet engines, taking part in  a
community-sponsored recycling center,
school tours, plantings by Youth Conser-
vation Corps members, and a joint archae-
ological preservation program with Hon-
olulu's Bishop Museum.
  The Mokapu Peninsula was  long the
home of Hawaiian chiefs. It had a reliable
supply  of fresh  water,  suitable farming
land,  and access to the  sea. The word
"mokapu" actually means 'sacred  land'
in  Hawaiian.  One of the most important
archaeological sites on  the Marino station
is  the Nuupia Ponds area, man-made
ponds in  which the ancient Hawaiians
cultivated food fishes. It is also the  place
that  the  rare  and  endangered  Hawaiian
stilt, a black and white  bird with long red
legs, chooses to call home.
   Today the ponds are officially the Nu-
upia  Ponds Wildlife  Refuge  Complex.
They illustrate yet another dimension of
the Kaneohe  Bay air station environmen-
tal program.  The Marines cooperate
closely with the  National  Fish and Wild-
life Service and  the Fish and Game De-
partment of Hawaii to monitor and main-
tain  species  in  this  important  area.
Amtraks, large amphibious tanks, are run
back  and forth across the mud Hats to
help  make raised  nesting sites for the
stilts. Worn-out tires filled with  construc-
tion  rubble are then placed  on  the  sites,
creating  small, raised  islands. The  stilts
                 17
readily occupy these pre-fabricated nests.
The creation of these special nesting areas
is  necessary to protect the stilts from
cats, dogs, and  mongooses. The station
has an  active live trapping program  for
mongoose. Once captured, the animals
are donated to the  University of Hawaii
for medical research.
   Marines are also working with the Fish
and  Wildlife Service to maintain two
breeding colonies of red-footed boobies.
teaching stranded  young shearwaters to
fly, controlling  the  growth  of  the intro-
duced mangrove trees to keep them from
choking the Ponds area, planting rare and
endangered plants, cultivating a garden of
ancient  Hawaiian herbs, and placing  old
car bodies in  Kaneohe Bay to act  as
habitat for reef organisms.
   All of these programs illustrate the  de-
gree to  which the Marine Coips Air Sta-
tion  at  Kaneohe Bay has  incorporated
environmental thinking  into as  many  as-
pects of the station's lifestyle as possible.
Moreover, most  of the programs  have
been voluntary.
   Says Col. John H. Miller,  commanding
officer of the station. "We  like to think
enhancement comes  through the attitudes
of the people who live and  work on  the
Air Station, and not enforced directives."
   The Corps has made a sincere effort to
reach into the community.  It is active in
several community organizations. Civilian
suggestions are encouraged. "Sure, we're
Marines  running  a military  operation
which  can't  always  be environmentally
kind," said Tom Cajski, "But we're also
a group of citizens equivalent in size to a
city, living on an island,  a vulnerable part
of the ecological world.  We try  to live  up
to the Hawaiian tradition of 'aloha aina'
 - I guess you could call it an awareness.
a love, of the land."
   This  fall young  wedge-tailed shear-
waters are again launching into the winds
that  will carry  them toward the beach.
Marines will pick them up and help them
fly. The  ancient Hawaiians. now buried
under the Ouhu earth, would be happy to
know that even in the midst of military
maneuvers, the spirit of 'aloha aina' is
still found on the Mokapu  Peninsula.•
                      SEPTEMBER 1977

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PEOPLE
                                                     Adlene Harrison has been
                                                     named Regional Administrator
                                                     for EPA's Region VI office.
                                                     Harrison was a Dallas City
                                                     council member, a post she had
                                                     held since 1973. She served as
                                                     interim Mayor of Dallas, as
                                                     well as Mayor pro tem. She
                                                     was on the city council's com-
                                                     mittees on community develop-
                                                     ment, transportation, utilities,
                                                     minority employment, and arts
                                                     and beautification.
                                                     Harrison supported a stringent
                                                     air pollution ordinance for Dal-
                                                     las, co-sponsored an ordinance
                                                     to establish a city environmental
                                                     committee and sponsored local
                                                     consumer protection legislation.
                                                     She is a member of the National
                                                     League of Cities' Steering Com-
                                                     mittee for Environmental Qual-
                                                     ity. She attended the University
                                                     of Mississippi.
                          Donald P. Dubois has been reap-
                          pointed Regional Administrator
                          for EPA's Region X office in Se-
                          attle. He has held that position
                          since 1976.  Dubois joined the
                          Agency in 1970 as Interim Re-
                          gional Coordinator in the Denver
                          office, and was Deputy Regional
                          Administrator there from 1971
                          until his transfer to Seattle, His
                          previous Government service
                          was with the Environmental
                          Health Service from 1957 and
                          the U.S. Public Health Service
                          from 1969.
                          Dubois earned a bachelor's de-
                          gree in civil engineering in 1957
                          from Washington State Univer-
                          sity, and a master's degree from
                          the California Institute of Tech-
                          nology in 1961.
 New officials stalling their du-
 lies in high ranking posts al KPA
 headquarters arc (from left): Wil-
 liam Dray ton. Jr.. Assistant
 Administrator for Running and
'Management: Alice B. Fop kin,
 Associate Administrator
 for International Activities;
 Joan Bernstein, General Coun-
 sel: and Joan M. Nicholson,
 Directorol Public  Awareness.
Alan Merson, a professor at the
University of Denver College of
Law. has been named Regional
Administrator for EPA's Region
VIII office in Denver. Merson
has been Chairman of the Colo-
rado Land Use Commission, a
member of the Governor's  Plan-
ning and Coordinating Council.
and a consultant to the Rocky-
Mountain Center on Environ-
ment and the Environmental
Law Institute Solar Energy Proj-
ect. He has taught at the College
since 1969. His prior experience
includes legal consultant serv-
ices toOhio University, Deputy
Director of the Alaska State
Community Action Program, As-
sistant District Attorney for An-
chorage, and private legal prac-
tice.
Merson earned a bachelor's de-
gree with honors from Harvard
College in 1956. did graduate
work in political science at the
University of Chicago, and re-
ceived his law degree from Har-
vard Law  School in 1962.
 EPA JOURNAL

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Mary Leytand, former Executive
Officer in EPA's Office of the
Administrator, has been
appointed by President Carter to
be ACTION'S assistant director
for administration and finance.
ACTION, the Federal agency for
volunteer service, oversees
VISTA and the Peace Corps.
The nomination is subject to
Senate confirmation. She will
direct support services for
ACTION'S domestic and
international programs.
Mrs. Leyland had been with
EPA since 1972. She had served
as a program analyst in Region I
and chief of grants
administration for Region II
before coming to Headquarters.
Her previous experience include
serving as a systems analyst for
the Commonwealth of
Massachusetts and also for IBM
in New Haven, Conn.
She earned a bachelor's degree
in philosophy from Newton
College of the Sacred Heart in
Newton, Mass., and a master's
degree in education from Boston
State College in 1967.

Gene L. Barnhart has been
named Regional Inspector for
EPA's Kansas City office. He
will handle investigations of
unethical conductor
irregularities by EPA employees
or contractors, in order to
maintain the integrity of Agency
programs. His most recent
position was with EPA's Security
and Inspection Division in
Washington, D.C.
Barnhart earned a bachelor's
degree in business from
Oklahoma State University. He
has served with the Marine
Corps and the Naval
Investigative Service.
Deputy Administrator Barbara
Blum is one of five winners of
this year's Feinstone
Environmental Awards. The
citation and a $ 1.000 check will
be presented to her by Georgia
Governor George Busbec in
Atlanta Sept.  23.
Blum is being honored for her
volunteer work—starting 17
years ago—to protect the
Chattahoochie River in Georgia.
She is credited with initiating
and leading local and State
efforts to maintain the
recreational values and water
quality of the  river, which flows
through Atlanta and is the city's
main water supply.
The Feinstone Awards were
started last year by the State
University of New York's
College of Environmental
Science and Forestry at
Syracuse, with a $ 100,(XX)
endowment from Sol  Feinstone.
a forester and historian who was
graduated from (he college.
Other winners were: Marjorie
Harris Carr, Micanopy. Fla.. a
biologist  who led efforts to save
the Oklawaha River from
canalization; Beaula Edmiston,
Los Angeles,  Calif., for her work
on protecting desert plants and
animals;  Ralph E. Madison.
Louisville,  Ky., fora successful
campaign to halt a darn-building
project in the  Red River Gorge
in that State; and Jean and
William Siri, Richmond, Calif., a
husband  and wife team active in
many conservation efforts in the
San Francisco Bay area.
Jack J. Schramm has been
named Regional Administrator
for EPA's Region III office in
Philadelphia. He was partner in
the law firm of Zimbalist and
Schramrn in Clayton, Mo., and
served in the Missouri House of
Representatives from 1965 to
1972. As a legislator he was ac-
tive in the formulation and pas-
sage of laws relating to air and
water pollution control, solid
waste management, open spaces.
and clean rivers.
Schramm was chosen one of the
outstanding State legislators in
the Nation in 1967 by the Eagle-
ton Institue of Politics of Rutgers
University.
While serving as a special con-
sultant for Arthur 11 Little. Inc..
a major consulting firm.
Schramm played a major role in
the preparation of a land-use
planning and management pro-
gram for Colorado.
Schramm received a bachelor's
degree with honors in political
science from Colgate University
in 1953. He earned a lavs degree
from Washington University
School of Law in 1959.
John C. White, \\ ho has been
Regional Administrator for EPA
Region VI office in Dallas since
1975. has been named to head
the Agency's Region IV office in
Atlanta. He v\as formerK  Dep-
uts Regional Administrator, and
enforcement chief in Atlanta.
Whitejoined ERA in 19m He
had been uith the Federal Water
Pollution Control Agency; a pred-
ecessor agency since 1966. His
prior government service in-
cluded four years w ith the IX'-
partment of Housing and Urban
Development. Before lhat he
was an engineer in private busi-
ness.
While earned a bachelor's de-
gree in civil engineering from the
University of Alabama in 1957
and a doctor of law  degree from
F.mory University in 1968.

Kenneth A. Konz is the new
director of EPA's Eastern Area
Audit Division, responsible t'oi
audits of Agency grants in
Regions 1 and II. Prior to taking
over the new position. Kon/ was
on a year's Intergovernmental
Personnel Assignment to the
New Jersey Department of
Environmental lYoteetion as
special assistant to the
Commissioner. He  reviewed and
drafted guidance, standards, and
regulations.
Before joining EPA in Region III
in 197!, Kon/. had been an
auditor in the Charlottesville and
Denver regional offices ofHEW
and the Denver branch office of
the U.S. Army Audit Agency.
Konz is a 1965 graduate of the
University of Denver.
                                                               19
                                                                                                               SEPTEMBER 1977

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Regulatory   Reform
         EPA and three other Federal agencies
         have joined  forces to simplify their
         regulations  that  deal  with  public
health and safety. Acknowledging that Federal
rules concerning the environment, foods and
drugs, consumer products,  and working con-
ditions often overlap to some  extent,  the
heads of four agencies  recently announced
that they will plan jointly and work together
to eliminate duplication  and to  improve  the
protection of public health.
   EPA  Administrator Douglas M.  Costle;
Commissioner Donald Kennedy, head of the
Food and Drug Administration in the Depart-
ment  of Health,  Education, and  Welfare;
Chairman S. John Byington of the Consumer
Product Safety  Commission; and  Eula
Bingham, Assistant Secretary for the Labor
Department's Occupational  Safety  and
Health Administration, made the announce-
ment.
   In a joint statement they noted that Presi-
dent Carter had promised the American peo-
ple during the  election campaign that "waste
and duplication in the Federal  Government
would be eliminated wherever possible."
   "Our agencies," the statement said, "often
deal with many of the same issues  and  the
same industries, and they often have the same
research, regulatory,  and enforcement objec-
tives.  It's time we planned  and worked to-
gether."
   The first step  in  the simplification  and
streamlining process is  already  under  way.
The  four agency  heads ordered their field
staffs across the country to start work right
away on common action plans.
   These plans, to be drafted before the  end
of August, will include the sharing, wherever
possible, of facilities, laboratories,  libraries
and  information  systems, vehicles,  testing
equipment, and any other resources that
could be used by two  or more agencies.
   The staff studies are also considering ways
for the  four  agencies to cooperate in  the
setting  and enforcement  of the regulations
with which industries and  businesses have to
comply  to protect   the health  of workers,
consumers, and the public in general.
   Possible  ways  to  reduce the burden on
 industries of reporting and record-keeping are
 also being sought, perhaps by combining the
 data required  for two or more agencies. This
 probably can  be done, the four-agency state-
 ment implied. "We are  particularly  sensitive
 to the need to minimize duplicative  requests
 for information from  industry" by the Federal

 HPA JOURNAL
Government. "Our goal is to make the regu-
latory process more efficient for our agencies.
for industry, and for the public."
  In no case, however, would  there be any
lowering of the standards  of protection  re-
quired by law of the four agencies.
  The four agency heads said they  would
initiate cooperation in seven  different  areas:
  • Testing standards and guidelines that  are
compatible among the four agencies. The
study groups will  seek to  determine what
criteria should be used in  deciding whether
tests are needed, what tests should be made,
what amount and type of information  is nec-
essary for determining safety,  and  how  the
information should be interpreted.
   • Assessments of risk,  safety, and hazard
 to health. Here the problem is to decide what
 data each agency needs to  determine the risk
 or  safety  assessments  required of it. what
 methods will  be used,  and how the  results
 will be announced.
   • Information sharing. Each agency's cur-
 rent systems for storing and retrieving infor-
 mation will be studied to determine if a joint
 system to  be used  by  all—for  instance,  a
 national information system  on toxic  sub-
 stances—is needed, and, if so, how it can be
 developed.
   • Research planning. This will  include  a
 review of each agency's research needs and
 capabilities  and  an exploration of the cost
 and effectiveness of cooperative research pro-
 grams.
   • Regulation development.  This study
 aims to improve cooperation among the four
 agencies in the drafting and issuance of their

                    20
regulations. Wherever possible duplication is
to be avoided and compatibility promoted.
  •  Compliance and enforcement. This in-
cludes  the study of how field  personnel of
each agency can contribute to the mission of
the other three and whether and how labora-
tory and other field facilities can be efficiently
shared.
  •  Interagency communication  and public
education on toxic substances. All four agen-
cies  have a direct concern with  toxic sub-
stances. Studies in this area will examine  the
possibilities for joint exchange of information
among the agencies and  with  the regulated
industries and the public through publications.
seminars, conferences, and hearings.
  In a  letter to President Carter,  the  four
agency heads explained why they had decided
to act together:
  "We have concluded that, within our collec-
tive legislative mandates, there are significant
and  exciting  opportunities—acting as a
team—to effectively control hazardous mate-
rials for the protection of public health.
  "We have agreed to  examine, assess, and
redesign, if necessary, the processes by which
we collectively regulate the chemicals which
impact on people and the environment. . ."
  Three  of  the four agencies are  already
acting cooperatively in the regulatory process.
EPA, the Food and Drug Administration, and
the  Consumer  Product  Safety Commission
last  spring  announced  a plan  to  ban most
uses of chlorofluorocarbons as spray-can pro-
pellants. These organic chemicals persist in
the  atmosphere  and  are believed by many
scientists to  threaten depletion  of the ozone
layer, high in the stratosphere, which protects
animal and plant life from excessive ultra-
violet rays  from the  sun. Overexposure to
ultraviolet light can cause skin cancer in man.
  Other cooperative efforts among the agen-
cies to date include actions to limit the expo-
sure of workers and the public  to vinyl chlo-
ride, a chemical that causes high rates of liver
cancer among people exposed to it. and  pro-
posals for similar joint actions regulating  hu-
man exposure  to benzene, another cancer-
causing chemical.
  The agencies  believe  the  new effort  will
strengthen day-to-day interagency coordina-
tion. "We are  confident," the agency heads
said  in their joint statement, "that these ef-
forts will result in more  consistent regulatory
policy,  better  sharing of information  re-
sources, and  improved  protection of public
health."•

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Your Gas Mileage /  Continued from page 9
A:  No, nothing new or startling.  Fuel  economy continues to get
better. That's not  surprising.  Fuel economy has to continue to get
better. The law requires automobile manufacturers to improve the fuel
economy of their  cars each year. For the 1978 model cars, the first
model year of cars subject to the new fuel  economy standards, the
average fuel economy for all  cars produced for each  manufacturer
has to be at least 18 miles per gallon. Any manufacturer violating this
law will be subject  to a substantial monetary penalty.
   In 1979, it's going to have to be 19 mpg, in 1980 it's going to have
to be 20 mpg. and then from '81 through '84 it continues to go up. In
 1985 the  average  fuel economy for each manufacturer is going to
have to be 27.5 miles per gallon.
   We'll be seeing a continuing improvement in fuel economy of cars,
achieved primarily through weight reduction, and through such things
as  more  efficient  combinations of engines and vehicles,  lock-up
automatic transmissions, and better aerodynamics.

Q:  Do you anticipate any kind of pressure on you
because of the fact that there will be major penalties
for not meeting gas mileage figures?
A:  I suppose we'll have pressure.  We have pressure on  us all the
time. This whole business of testing cars for emissions, as well as for
fuel economy, is a hectic business.
   Our staff and I have over the years developed pretty thick  hides,
and lots of calluses, so  1 think we're about as pressure-resistant as
anybody around.

Q:  Is there any outside check on the accuracy of
figures?
A:  Yes, of course  there is.  The  automobile companies have  an
enormous interest in the fuel economy data that we report. Each car
that we test for fuel economy has been tested by auto companies
before, and sometimes after, we test it.
   So  if there's  a  disagreement, or if there's reason to question the
fuel economy numbers, you can be sure we hear about it. So there is
that outside check; it's built into the system.

Q: There's a general impression that foreign cars
seem  to  get  belter gas mileage  than American
cars. Is that true in your experience, and if so,  why?
A:  There certainly is nothing magic about building fuel-economic
cars, and there is no reason at all to think that American manufactur-
 ers are unable to do what foreign manufacturers can do. Foreign cars
generally get better fuel economy than American cars simply because
foreign cars generally are smaller than the average American cars. It
 takes less energy to move less  mass.

0: Is that the only reason that the foreign cars
often  get belter  gas mileage—because they're
smaller?
 A:  Sometimes foreign cars,  in addition  to  being small, have  lower
 maximum speed. They have a lower horsepower-to-weight ratio. But
 even though foreign cars have gained a great deal  of acceptance in
 this country over  the past twenty years, our domestic manufacturers
 were not convinced that the public will accept cars that take longer
 than 11 or 12 seconds to go from zero to 60. They seemed to see it as
 a rather wrenching sacrifice for a car to have lower acceleration. But
 that  is changing,  slowly and surely. American  cars  are  improving
 greatly in terms of fuel economy.

 Q: Do you think experience has shown that cata-
 lysts were a  desirable solution in  order to  meet
 emission standards, and also fuel economy?
 A:  Yes, I think so.
   The catalysts are an available, safe, effective, and relatively cheap
   way of achieving the national goal of lower emissions and improved
   fuel economy.

   Q: Do you think the catalyst then will be with us
  for the next five years at least?
   A: 1  think the catalyst will be with us certainly for at least the next
   five years, maybe longer.
     The advantage of the catalyst is that it permits  the continued use
   of plant and  machine tools  in which our Nation has many,  many
   billions of dollars invested. That's a large advantage. To throw away
   the machine tools that make today's cars and engines would  be a
   very major cost to the Nation, and not just to Detroit.
     After all, we must recognize  that the auto business, like  every
   other business, is a cost plus business. Whatever the companies have
   to spend they have to charge for,  and they also tack on a percentage
   for profit. So we all  have a stake in seeing the best, most economical
   technology  used to achieve the national goals of clean air and good
   fuel economy.
   Q: What is the optimum fuel economy you foresee
   in the next decade?
   A: I  would say the  optimum fuel economy may be in a  range  from
   the 1985 standard of 27 '/a miles per gallon to 30-35 miles per gallon.
   It depends on the size of car that Americans are willing to settle on
   for most of their driving.

   Q: But will people buy such small cars?
   A: We are just going to have to change our way of thinking about our
   cars.  At the present  time we sort of have the idea that the car  that
   sits in our garage should have many different functions. We want the
   car to  be able to tow a trailer across the country with five or six
   passengers, and also to transport one person five or ten miles  to his
   job. A  car like that  causes an incredible waste of fuel. One car can
   do it, but it cannot  do it efficiently. We won't  achieve  our energy
   conservation goals this way.

   Q: Wiry do so many of our cars on the road now
  fail to meet emission standards?
   A: That's a  very  important problem.  Studies by our staff  have
   shown  repeatedly that even relatively  new cars  with low  mileage
   don't do well at all  when you test them for emissions, even though
   they were designed and built properly.
     When we borrowed cars from their owners and  tested  them for
   emissions, about 60 percent failed to meet one  or more  emission
   standards. And that's terrible.
     But properly adjusted and repaired,  80 percent or more of them
   will meet emission standards.
     The  reason cars don't meet emission standards  in the field is that
   they're far too often not properly  adjusted, and that's where much of
   our effort in the future is going to have to go. We need inspection and
   maintenance  programs so that maladjusted and  dirty cars can be
   identified and corrected.

   Q: Could this type of effort also insure that a new
   car with good gas mileage  and emission  controls
   will continue  to Ivwe a  satisfactory gas  mileage
   when it is, say. three or four years old?
   A: To the degree that the effort  to get cars properly maintained  is
   successful,  it  will certainly have that effect. The studies we've made.
   in what we call our  restorative maintenance program, which is the
   program in which we test the cars as we receive them and then fix
   them up,  those  studies have  shown that  proper adjustment  and
   tuning  greatly decreases  car emissions and slightly increases  fuel
   economy.
     So certainly  keeping  cars properly tuned,  or conversely getting
   them built so they're not  so easy to get out of tune, is going to help
   our fuel situation. •
21                                              SEPTEMBER 1977

-------
ADMINISTRATIVE LAW JUDGES
Continued from ptifte //>
                    *r'
upon the  parties unless it is appealed to the
appropriate l-ederal court for judicial review.
Resort  to  the l-ederal courts is not allowed
undfi  iTiosi statutes administered  by regula-
tory agencies until all the administrative rem-
edies are exhausted.
   By serving  as the  initial  fact-tinder in the
administrative law process, the Administrative
Law  Judge takes on a judicial  role  roughly
equivalent  to  that of  a  trial  court in the
judicial system.  The sworn  testimony of wit-
nesses  is  recorded  verbatim.  Documentary
evidence, often  voluminous, is made part of
the record. When the evidence is completed.
the parties have an  opportunity  to file briefs.
On the basis  of the  evidence  in  the record
and the arguments of counsel the Administra-
tive  I .aw  Judge  issues  a  written decision in
which  the  reasons  for his  conclusions are
fully explained.
   Complex technical issues are decided in
proceedings where great  weight is  given to
expert testimony. As a result, the rules regard-
ing udmissibility of evidence in administrative
healings are much more liberal than those
applied injury trial cases. Relevant and relia-
ble evidence, which  might  be  excluded in
court trials, is often  admitted. The objective
is to prepare a  clear and  complete record
upon which the judge, the Administrator, and
ultimately  the  courts can base  an informed
decision.  While  the  degree of formality in
particular'  cases  is  largely a function of the
judge's style and preference,  most administra-
tive law proceedings  are far less formal than
courtroom trials.
   The powers and functions of Administrative
 \.M  Judges vary  according to the agency
and the particular statute tinder which they
operate. Rules of practice for  EPA hearings
are usually issued by the Administrator, with
the advice of the General Counsel, the Office
of Administrative Law Judges and the partic-
ular program staff concerned.
   HPA judges have the power, in some cases,
to subpoena witnesses, to assess  civil penal-
ties for violation of certain laws enforced by
EPA,  and to order the  suspension or cancel-
lation of registrations for pesticides found to
pose  an  unreasonable  risk to man  or the
environment.  The  Administrative  Rules of
Practice  provide for the issuance of acceler-
ated decisions in cases where there  is  no
legal  basis for further  proceedings and for
default orders in cases  where parties fail to
answer complaints, submit required prehear-
ing materials, or appear when given the oppor-
tun ity to present their case.
   Cases  arising under  three  major Federal
laws (the Clean  Air Act, the Water Pollution
Control Act. and the Federal Insecticide,  Fun-
gicide, and  Rodenticide Act) comprise the
bulk of the F.PAjudges' current activities.
   The pesticide act  brings three principal
types of  cases before the EPA  Administrative
Law  Judges.  Under that  statute,  pesticide
producers and formulators whose registra-
tions are denied, cancelled, or suspended are
given the right,to a full adjudicatory hearing
on the merits of the Agency's action. They
are usually represented by counsel who argue
and present  testimony  by experts and others
in support of continued production and  use.
EPA attorneys offer evidence  in support of
and argue the Agency's position.
   These hearings are major battlegrounds in
the conflict  between human health, environ-
mental protection, and  the private  economy.
Under the Act. a registration to produce and
distribute a  pesticide may be denied or can-
celled whenever it  is found to present  "any
unreasonable risk to man or the environment.
taking into account the economic, social, and
environmental costs and  benefits of the use
of any pesticide." The burden of proof is on
the producers to demonstrate the safety and
efficacy  of their products.
   "The  judge is faced with the difficult task
of weighing  the  possibility  that a  particular
insecticide is carcinogenic against the loss of
crops from insects  that may result  from  can-
cellation." As Judge Perlman said, "In almost
every case it is health and environmental risk
versus economic benefit.  The factors are not
susceptible of easy classification or quantifi-
cation. Our standards of measurement cannot
be applied with mathematical precision. The
choices are always difficult ones and we must,
to a considerable extent, rely on the opinions
of experts."
   Violations of the pesticide act by registrants
and distributors are also handled by  EPA
judges. The  statute provides for civil penalties
up to $5.000 for  each  violation. Over 80
percent  of these cases are settled during the
pre-hearing process conducted by the Admin-
istrative Law Judges.  This process, though
sometimes carried on  by  correspondence,
usually involves an informal pre-hearing con-
ference  in which  the parties  and the judge
attempt to narrow the issues to be tried  and
the evidence  to  be  adduced  at the  formal
hearings.  During  these pre-hearing confer-
ences, parties  will sometimes  reach a  settle-
ment agreement without the need for a formal
hearing.
  The statute also provides for hearings to
determine  what is reasonable compensation
for data submitted by one registrant and relied
upon by others to obtain registrations of simi-
lar pesticides.
   Under the  Water Pollution C'ontrol Act of
1972,  EPA Judges hold  hearings concerning
the licensing  and modification  of permits to
discharge  wastes  into the navigable waters of
the U.S. Violations of the water permits are
handled in the courts. However, permits may
be terminated or modified for cause after an
opportunity for hearings within the Agency.
   Under section  307 of the  Water Act, EPA
Judges conduct format  hearings  to obtain a
record of testimony for use by the Administra-
tor in setting  effluent  standards for toxic
substances.
   Some cases arising under  the  Clean  Air
Act involve alleged  violation  of automobile
emission standards. If the evidence presented
at a hearing discloses that cars on the road or
on the production line are not meeting Federal
emission standards, the judge can order either
a halt to production or recall of all vehicles in
violation.
   The Noise Control Act, the Ocean  Dump-
ing Act,  the  recently  enacted Toxic Sub-
stances Control  Act and  the  Solid  Waste
Recovery  Act, all include provisions for  for-
mal administrative hearings. It is anticipated
that an increasing number of hearings will be
called as Agency enforcement activities accel-
erate  in these  areas.  In fact, a  recent case
under the Ocean  Dumping Act resulted in an
initial decision by the  Administrative Law
Judge recommending a  $225,000 fine  ($5.000
to $10.000 per violation) against the  City of
Philadelphia,   Pa. for violating  Federal laws
regulating  the disposal of city  wastes  in the
Atlantic Ocean.
   In some types of cases that come before an
Administrative I .aw Judge, a number of inter-
ested  parties  called  intervenors present  evi-
dence and submit briefs to  the judge. Other
Federal agencies, such as the Departments of
Agriculture and Transportation, trade associ-
ations,  public interest and environmental
groups, as well as various State governments.
are participants.
   According to Chief Judge  Perlman.  "These
inputs from all interested  parties are  vital to
the quality and effectiveness of our decisions.
In order to balance the  alternatives properly.
one must have a complete and accurate under-
standing of the components on each  side of
the scale." •
EPA JOURNAL
                                                                22

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                  ENVIRONMENTAL  ALMANAC
                  A GLIMPSE OF THE NATURAL WORLD WE HELP PROTECT
                                           SEPTEMBER

            SPRINGS


      Our favorite spring, which  in
      the wet season burbles like a
bathtub faucet, has been reduced  to
a silent pool of water by summer's
drought.
  Instead ot the usual splashing you
hear only the buzzing of (lies and the
chirping of crickets. The stream  of
water which once led from the spring
to a nearby creek  is completely dry.
  The first  scarlet leaves of fall have
started to collect in the small spring
opening in  a wooded hillside. The
leaves are from a nearby sour gum
tree which races the Virginia creeper
vine and  the sumac to  provide the
first red of autumn.
  No attempt  has been made  to
cover this spring. We use its waters
only to cool bottled beverages rather
than ibr  drinking.  The   spring  also
serves as a home for frogs. We don't
know what kind of frogs  they are but
their hearing is excellent.  No matter
how quietly you try to approach on
the  path to  the spring, the frogs hear
you and there are a series of quick
plopping  sounds as they jump from
their mossy perching places  into the
water. Once submerged, they swim
down  and  bury  themselves  in the
bottom mud.
  The mud left when the spring pool
recedes reveals the identity of  ani-
mals who visit to take a drink under
a star-studded night  sky or in the
murky mists of early morning.
  We have been able to identify the
tracks of  deer, possum and racoons.
Other visitors did not leave prints we
could decipher.
  The  water flow in the spring is
quixotic.  Sometimes it falls in sheets
and then  again it shrinks to a trickle.
It emerges from red-brown shale that
has been  exposed by erosion.
  It is  difficult to tell how many
years the spring has been splashing.
However, its waters have been flow-
ing long  enough to expose the roots

of a large maple tree which grasp
the spring hillside. Its arm-thick roots
criss-cross the face of the spring.
   A friend of ours once spent most
of an afternoon cleaning  out  our
spring with a gasoline-driven  pump.
   That  was a time when  we  bad
thought  about constructing  a  spring
house to keep out  the leaves  and
debris.  Subsequently our ambition
faded.
   But many of the hundreds of thou-
sands of springs in the I nited States
are used for drinking water and some
small cities depend on strong springs
as their only sources of water.
   Usually  disinfectants are  added  to
these waters, however, and all spring
owners  are advised  to  check with
their  local health  officials  before
drinking from these sources.
   A common misconception  is  that
since spring water is often apparently
clear, cold and tasty, it is better than
tap water for drinking.
   However, even spring water which
is bottled and sold in  grocery stores
is not always safe, an EPA  survey a
few years ago discovered.
   Any  spring  water  should  be
checked for  possible bacterial or
               2?
chemical pollution. And just because
spring water has been  found  safe
once does not mean  you  can always
count on it.
   As more  people mo\e into rural
areas the countryside becomes  in-
creasingly contaminated. Wastes
from septic tanks, industrial disposal
wells,  and  sanitary  landfills  can
sometimes travel miles to pollute a
previously  good source of spring
water.

   \11 springs are led In underground
reservoirs that  are so lull they over-
How through a spring or l>\ discharg-
ing into a stream or river.
    Elaborate and decorative build-
ings  were  once constructed  on
main American farms  to protect
the springs serving us the  families
water suppl\ and cooling rooms lor
milk and other dairy products.
   \\lnle some spring houses are still
used, (lie discovery of high bacteria
counts from farm animal waste drain-
age and the arrival  of piped water
from the  city has left  many of these
structures as memorials to an earlier.
simpler, and less polluted age.
—C. I). }>.

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UPDATE
                             A listing of'recent Agency publi-
                             cations, and other items of use to
                             people interested in the environ-
                             ment.
GENERAL
PUBLICATIONS
Single copies available from the
Printing-Public Information Cen-
ter (PM-215), US EPA, Washing-
ton, D.C. 20460.(202-755-0890)

Standards for Certification of
Pesticide Applicators (Reprinted
May, 1977) A 16-page booklet re-
printing the certification guide-
lines that appeared in the Fed-
eral Register. The booklet
includes definitions, commercial
applicator categories, private
applicator standards, and super-
vision of non-certified applica-
tors.
 Safe Pesticide Use Around the
 Home (Revised June, 1977) An 8-
 page guide to the hazards of pes-
 ticides commonly found in and
 around our homes. This pam-
 phlet tells how to choose the
 right pesticide to fill your needs,
 how to apply it properly, and
 store it safely after use.
Farmers' Responsibilities Un-
der the Federal Pesticide Law
(Revised August, 1977) An 8-
panel folder that outlines precau-
tions farmers must take to pro-
tect their workers when using
pesticides.
The Public Benefits of Cleaned
Water: Emerging Greenway Op-
portunities (September, 1977)
This 36-page pamphlet de-
scribes a combined Federal initi-
ative by EPA and the Depart-
ment of the Interior to show
communities how they can de-
velop open space and recrea-
tional opportunities along water
bodies that are improving due to
water pollution cleanup. It tells
how communities have success-
fully used this concept in San
Antonio, Tex.; Ann Arbor, Mich.;
and along the Saco River in
Maine.
FEDERAL
REGISTER
NOTICES
Copies of Federal Register no-
tices are available at a cost of
$.20 per page. Write Office of
the Federal Register, National
Archives and Records Service,
Washington, D.C. 20408.

New Motor Vehicles and En-
gines. EPA adopts emission de-
fect reporting regulations; effec-
tive 7-5^77. pp. 28130-131.  June
2.

Clean Air Act. EPA identifies
benzene as a hazardous air pol-
lutant, effective 6-8-77. pp.
29332-333. June 8.
           24
Water Pollution. EPA allocates
one billion dollars to States for
carrying out the requirements of
the Federal Water Pollution Con-
trol Act; effective 6-3-77. pp.
29481-482. June 9.

Pesticide Programs. EPA deter-
mines registration and claims
procedures for pesticides, p.
31283. June 20.
                                                           Air Pollution. EPA suspends
                                                           standards for new and rnodified
                                                           grain elevators; effective 6-24-
                                                           77. p. 32264. June 24.

                                                           Transportation and Construc-
                                                           tion Equipment. EPA proposes
                                                           noise emission standards, pp.*
                                                           27618-620. June 31.

                                                           Motor Vehicles. EPA publishes
                                                           1977-79 model year certification
                                                           regulations, p. 32905. June 28.
COMING EVENTS
Administrator Douglas M. Costle
will be the keynote speaker at
the 50th annual meeting of the
Water Pollution Control Federa-
tion in Philadelphia, on October
3.

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                    news  "briefs
            uuiiiiiiiiiimid
iit.iiiiiiiin
 FLAWS FOUND IN SOME PESTICIDE SAFETY TESTS,  AUDIT ORDERED

 Deficiencies in the testing of pesticides for such harmful  health
 effects  as cancer, birth defects, and nerve  damage have  been  found
 in work  of one firm that has done thousands  of studies supporting,
 at least in part, EPA approval of many widely used products.   The
 Agency has ordered more than 30 pesticide manufacturers  to  review
 and  certify the accuracy of all testing by the Industrial Biotest
 Laboratory, Northbrook, 111.  The firm's questionable practices
.were revealed by investigators from the Food and  Drug Administration,
 working  with EPA in a joint program to inspect all labs  involved
 in the safety testing of drugs, pesticides,  and other regulated
 chemicals.

 OCEAN DUMPING DECLINES FOR THIRD STRAIGHT YEAR

 The  amount of waste dumped off the Atlantic  and Gulf coasts declined
 again last year to 24 percent below the figure for 1973, when
 EPA's ocean protection program started.  In  its annual report to
 Congress the Agency gave these totals:  10.9 million tons in  '73,
 10.3 million tons in '74, 8.8 million tons in '75, and 8.3
 million  tons in '76.  Sewage sludge dumping  in the Atlantic has
 increased slightly, but industrial and construction waste dumping
 has  declined.  Industrial dumping in the Gulf of  Mexico  has been
 cut  93 percent.

 NOISE LIMITS PROPOSED FOR GARBAGE TRUCKS

 The  noise made by truck-mounted solid-waste  compactors would  have
 to be reduced, starting in 1979, under rules proposed by EPA-
 Such trucks now average 81 to 83 decibels.  The proposed limit
 for  all  new compactors would be 78 decibels  in 1979 and  75
 decibels starting in 1982.  Administrator Douglas Costle said
 this would cut the sound energy of the vehicles by more  than
 50 percent.  The reductions are technically  possible and costs
 would be reasonable, he said.  Two public hearings were  held  on
 these proposals last month.
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U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF PUBLIC AWARENESS (A-107)
WASHINGTON. [1C. 20460
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                       Protecting  Rare  Birds
         EPA has approved the emergency
         use of a highly toxic pesticide to
         help  protect  two  endangered
 species—the  whooping  crane  and the
 Aleutian Canada goose—from predators.
   At the request of the  Department of
 the Interior, the Fish and Wildlife Service
 will he permitted to use sodium cyanide
 to control coyotes near a wildlife refuge
 in  Idaho and  blue foxes  on an Alaskan
 island.
   Only 65 wild whooping cranes, a bird
 victimized  by destruction of its  habitat,
 are now surviving, according to the De-
 partment of the Interior.
   Attempts to restore  the  crane  to  the
 Grays Ixike National Wildlife Refuge in
 eastern  Idaho  have been frustrated  be-
 cause an estimated 113 crane eggs have
 been eaten by coyotes.
   On Agattu, one of the western islands in
 the Aleutian  chain off  Alaska's coast, a
 handful of blue foxes are preventing  the
 reestablishment of Aleutian Canada geese,
 a native  species. The foxes  are "foreign-
 ers"  on  Agattu. placed  there to be raised
 for their valuable fur. perhaps as long ago
 as when the 49th State was Russian prop-
 erty.
   Attempts to destroy the  predators by
 shooting, trapping or aerial  hunting have
 failed, according to Interior.
   As a  result. Fish  and  Wildlife agents
 were granted the permits by  EPA to use
 the lethal, fast-acting sodium cyanide.
   Agattu is usually uninhabited  by  peo-
 ple, but  a  team of four or five  Fish and
 Wildlife  agents is now camped on  the
 island to release additional Aleutian geese
 and  to  place and monitor  M-44  tubes
 which discharge the cyanide.
   The tubes are metal containers, roughly
 six inches in length, that are placed in the
 ground and baited with a  piece of scented
 material attractive to canine-type animals.
When the bait is tugged by the animal, a
puff of deadly cyanide powder is propel-
led by a spring into its mouth. The animal
dies in a few seconds.
  Interior  acknowledges that on Agattu
some birds, a few sea gulls and ravens,
for  example, may also  be  killed by the
cyanide tubes.  But the Department ex-
pects no serious  damage to these abun-
dant species.
  Adverse effects from use of the M^M's
at Grays  Lake in Idaho arc  considered
"highly unlikely."
  The permission to use the sodium cya-
nide was granted by EPA under the emer-
gency use provisions of the 1972 Federal
pesticide law. Permits were needed be-
cause a 1972 executive order  prohibits
the  use of chemical  predator poisons in
Federal wildlife and recreation areas. But
exceptions allowed under this ban include
efforts to protect species threatened with
extinction.
  In 1972, EPA issued an order banning
the use of these poisons on private lands.
In 1975, EPA modified this ban to allow
government  trappers and State-trained
ranchers and farmers to use sodium cya-
nide  in  the  M-44 tubes to halt  serious
sheep and cattle losses because of coy-
otes.
  The EPA authorization  limits the Fish
and Wildlife Service to 75 sodium cyanide
capsules on 500 acres of the Idaho wildlife
refuge and to 50 capsules on Agattu. The
Idaho program must end on October 31
and the Agattu program was to end Aug.
30..
                     An Aleutian goose.

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