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CLEAN AIR ACT AMENDMENTS

THURSDAY, JUNE 10, 1965

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON PUBLIC HEALTH AND WELFARE OF THE
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., in room 2123, Rayburn House Office Building, Hon. Oren Harris (chairman) presiding.

The CHAIRMAN. The committee will come to order.

Today, the committee is meeting for the purpose of hearings on various bills dealing with the subject of air pollution. There are several bills, along with a bill that has already passed the Senate, S. 306, which will be included in the record.

(H.R. 7429, H.R. 463, H.R. 2105, H.R. 4001, H.R. 7065, H.R. 7394, H.R. 8007, H.R. 8398, H.R. 8723, H.R. 8800, and S. 306 are as follows:)

[H.R. 463, 89th Cong., 1st sess.]i

A BILL To authorize the Secretary of Health, Education, and Welfare to prescribe safe standards for the discharge of substances into the air by motor vehicles

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Secretary of Health, Education, and Welfare (hereafter in this Act referred to as the "Secretary"), shall, after conducting such research as he may deem necessary, prescribe and publish in the Federal Register, standards as to the amounts of substances which he considers to be safe, from the standpoint of human health, for a motor vehicle to discharge into the atmosphere under the various conditions under which such vehicle may operate.

(b) Standards prescribed pursuant to subsection (a) of this section may be revised from time to time by the Secretary. Such revised standards shall be published in the Federal Register.

SEC. 2. (a) The manufacture for sale in commerce, the sale in commerce, the offering for sale in commerce, the use in commerce, or the importation into the United States of any motor vehicle which discharges into the atmosphere substances in amounts in excess of the standards prescribed by the Secretary pursuant to the first section of this Act, shall be unlawful.

(b) Whoever violates this section shall be fined not more than $1,000 or imprisoned not more than one year, or both.

SEC. 3. The Secretary is authorized to prescribe such rules and regulations as may be necessary to carry out the purposes of this Act, and to take such action as may be necessary to insure compliance with this Act.

SEC. 4. As used in this Act

(1) The term "commerce" means (A) commerce between any place in a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States and any place outside thereof, and (B) commerce wholly within the District of Columbia or any such territory or possession; and

(2) The term "motor vehicle" means

(A) any vehicle which is propelled by gasoline power, used for transporting passengers or freight whether on a fixed track or on a highway, and manufactured on or after the effective date of standards first prescribed and

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published for such vehicles as provided in subsection (a) of section 5 of this Act, and

(B) any vehicle which is propelled by diesel power, used for transporting passengers or freight whether on a fixed track or on a highway, and manufactured on or after the effective date of standards first prescribed and published for such vehicles as provided in subsection (b) of section 5 of this Act. SEC. 5. (a) The standards first prescribed and published pursuant to the first section of this Act which are to be applicable to motor vehicles propelled by gasoline power shall be prescribed and published not later than six months after the date of enactment of this Act and such standards shall take effect one year after the date of such publication.

(b) The standards first prescribed and published pursuant to the first section of this Act which are to be applicable to motor vehicles propelled by diesel power shall be prescribed and published at such time as the Secretary determines necessary and such standards shall take effect one year after the date of such publication.

(c) Any standards which are prescribed pursuant to subsection (b) of the first section of this Act shall take effect one year after the date on which they are published in the Federal Register.

[H.R. 2105, 89th Cong., 1st sess.]

A BILL To require that new motor vehicles transported in interstate commerce be equipped with a device to control or prevent the discharge of air pollutants

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as used in this Act-

(1) the term "commerce" means (A) commerce between any place in a State, the District of Columbia, the Commonwealth of Puerto Rico, or a possession of the United States and any place outside thereof, and (B) commerce wholly within the District of Columbia or any such possession;

(2) the term "motor vehicle" means any vehicle propelled by mechanical power from an internal combustion engine and used for transporting passengers or freight on a highway; and

(3) the term "manufacturer" shall mean any person engaged in the manufacturing or assembling of new motor vehicles, including any person importing new motor vehicles for resale, and any person who acts for and is under the control of such manufacturer, assembler, or importer in connection with the distribution of new automobiles.

SEC. 2. (a) It shall be unlawful for a manufacturer to introduce or deliver for introduction into commerce any motor vehicle which is manufactured after the date this section takes effect if it is not equipped with a device or method to control or prevent the discharge of air pollutants in accordance with the standards prescribed by he Surgeon General under section 3 of this Act.

(b) Any manufacturer who willfully fails to equip a motor vehicle with a device or method to control or prevent the discharge of air pollutants in violation of subsection (a) of this section shall be fined not more than $25. Such failure with respect to each motor vehicle shall constitute a separate offense.

SEC. 3. (a) The Surgeon General of the Public Health Service (otherwise referred to in this Act as the "Surgeon General"), shall, after conducting such research as he may deem necessary but not later than ninety days after the date of enactment of this Act, prescribe and publish in the Federal Register standards for devices or methods to control and, to the extent possible, prevent the discharge of air pollutants by motor vehicles.

(b) Standards prescribed pursuant to subsection (a) of this section may be revised from time to time by the Surgeon General as he determines to be necessary. Such revised standards shall be published in the Federal Register.

[H.R. 4001, 89th Cong., 1st sess.]

A BILL To amend the Clean Air Act to require standards for controlling the emission of pollutants from gasoline-powered or diesel-powered vehicles, to establish a Federal Air Pollution Control Laboratory, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Clean Air Act (which relates to research, investigations, and training) is amended

(1) by striking out the word "and" at the end of paragraph (3) of subsection (a) thereof;

(2) by striking out the period at the end of paragraph (4) of subsection (a) thereof and inserting in lieu thereof "; and";

(3) by adding after paragraph (4) of subsection (2) thereof the following new paragraph (5):

"(5) conduct and accelerate research programs relating to the means of controlling hydrocarbon emissions resulting from the evaporation of gasoline in carburetors and fuel tanks, and the means of controlling emissions of oxides of nitrogen and aldehydes from gasoline-powered or diesel-powered vehicles. To carry out such research the Secretary shall consult with the technical committee established under section 6 of this Act and for research concerning diesel-powered vehicles, he may add to such committee such representatives from the diesel-powered vehicle industry as he deems appropriate."; and

(4) by adding at the end thereof the following new subsections: "(d) The Secretary shall establish a Federal Air Pollution Control Laboratory within the Department of Health, Education, and Welfare and shall staff and equip such laboratory as necessary to conduct such phases of the national research and development program for the prevention and control of air pollution as he deems appropriate.

"(e) The Secretary shall appoint a technical committee whose membership shall consist of representatives from the Department of Health, Education, and Welfare, the Bureau of Mines of the Department of the Interior, the Federal Power Commission, and the coal, petroleum, and electric power industries, for the purpose of encouraging the development of improved low-cost techniques designed to reduce emissions of oxides of sulfur produced by the combustion of sulfur-containing fuels. The Committee shall meet from time to time at the call of the Secretary to evaluate progress in the development of such techniques and to recommend additional research programs for the development of such techniques. One year after enactment of this section and semiannually thereafter, the Secretary shall report to the Congress on the progress of the development of such techniques and his recommendations, if any, for additional legislation."

SEC. 2. (a) Section 4 of the Clean Air Act (which relates to grants for support of air pollution control programs) is amended by redesignating subsection (c) as subsection (d) and by inserting immediately after subsection (b) the following subsection (c):

"(c) The Secretary is authorized to make grants to municipalities in an amount up to two-thirds of the cost of the construction of facilities which are designed to eliminate air pollution resulting from the disposal of solid wastes. No grant shall be made under this subsection to any municipality that has not enacted an ordinance or other regulation prohibiting open burning of solid wastes and containing enforcement procedures insuring that disposal facilities will have a beneficial effect on reducing air pollution. No grant shall be made for any facility under this subsection until the applicant has made provision satisfactory to the Secretary to assure the proper and efficient operation and maintenance of the facility after completion of the construction thereof."

(b) Subsection (d), as so redesignated, is amended to read as follows: "(d) Not more than 121⁄2 per centum of the grant funds available under subsection (a) of this section shall be expended in any one State, and no grant shall be made for any project, authorized under subsection (c) of this section, in an amount exceeding 5 per centum of the total authorized in any one fiscal year."

SEC. 3. Section 6 of the Clean Air Act (which relates to automotive vehicle and fuel pollution) is amended by adding at the end thereof the following new subsections:

"(c) (1) The Secretary shall prescribe and publish in the Federal Register standards for the allowable emissions of pollutants from gasoline powered vehicles, and the effective date for such standards.

"(2) In prescribing standards for gasoline powered vehicles under this subsection the Secretary shall require (i) that within six months after enactment of this subsection all new gasoline powered vehicles be equipped with blowby systems with emissions from crankcases limited to 0.15 percent of supplied fuel under cyclic operating conditions and (ii) that after November 1, 1966, the allowable exhaust emissions from new gasoline powered vehicles shall be not

more than 275 parts per million of hydrocarbons measured by a nondispersive infrared spectrometer calibrated with hexane and not more than 1.5 per centum by volume of carbon monoxide measured by a nondispersive infrared spectrometer under metropolitan area cyclic type operating conditions with results normalized to 15 divided by percent carbon dioxide plus percent carbon monoxide plus 6 times percent hydrocarbons.

"(3) The Secretary shall establish criteria for allowable emissions from diesel powered vehicles manufactured and introduced into interstate commerce or imported into the United States. Upon the establishment of such criteria the Secretary shall make his recommendations for additional legislation, if necessary, to regulate the discharge of pollutants from diesel powered vehicles. "(4) The manufacture for distribution in commerce of any gasoline powered vehicle or the importation into the United States of any gasoline powered vehicle, after the effective date of any standards prescribed by the Secretary in accordance with this subsection, which does not meet such standards, is unlawful.

"Whoever violates the provisions of this subsection or the regulations prescribed pursuant to this subsection shall be fined not more than $1,000 or imprisioned not more than six months, or both.

"(d) The Secretary and the Secretary of the Treasury shall jointly promugate rules and regulations that prohibit the importation of any gasoline powered vehicles which fail to meet the standards prescribed in paragraphs (1) and (2) of subsection (c) of this section.

"(e) It is the policy of the United States to insure the proper inspection and maintenance of the devices and other means required to control the emission of air pollutants from gasoline powered vehicles within the standards prescribed by the Secretary under this section. The Secretary is authorizxed to enter into agreements with, and to make grants to, appropriate State agencies designated by the Governors (including such supplemental agreements as may be necessary) to carry out the policy of this section. For the purpose of this subsection an interstate air pollution control agency may qualify if one State having jurisdiction of such agency enters an agreement authorized by this subsection. The sums appropriated to carry out this subsection shall be allotted by the Secretary to States entering into agreements in the proportion that the number of gasoline powered vehicles registered in such year in each such State bears to the total such number in all such States for such year.

"(f) All action taken under this section for the adoption of standards and the promulgation of rules and regulations shall be taken in conformity with the provisions of the Administrative Procedure Act."

SEC. 4. Section 9 of the Clean Air Act (which relates to definitions) is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following subsection (g):

"(g) The term 'commerce' means (1) commerce between any place in a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States or any place outside thereof, and (2) commerce wholly within the District of Columbia or any such territory or possession." SEC. 5. (a) Section 13 of the Clean Air Act (which relates to appropriations) is amended by adding at the end thereof the following new subsections:

"(c) There are hereby authorized to be appropriated to carry out subsection 4(c) of this Act for the fiscal year ending June 30, 1966, and for each of the next two succeeding fiscal years the sum of $100,000,000 per fiscal year for the purpose of making grants under this subsection. Sums so appropriated shall remain available until expended.

"(d) There are hereby authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1966, for the establishment of inspection programs under subsection 6 (e) of this Act."

(b) Subsection (b) of section 13 is amended by inserting immediately after the word "Act" the following: ", exclusive of subsection (c) of section 4 and subsection (e) of section 6,".

[H.R. 7065, 89th Cong., 1st sess.]

A BILL To amend the Clean Air Act to require national standards for reducing or eliminating the emission of air pollutants from gasoline-powered vehicles, to authorize grants to municipalities and air pollution control agencies for the acquisition, construction, or installation of devices or facilities designed to reduce or eliminate air pollution resulting from the disposal of solid wastes, to direct the Surgeon General to conduct a study of

and report to Congress on the effect of air pollution from all sources on human health (particularly lung cancer), and for other purposes; and to amend the Internal Revenue Code of 1954 to permit deduction of expenditures and increased investment credit for the acquisition, construction, or installation of water and air pollution control devices Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Clean Air Act of December 17, 1963, is hereby amended in the following respects:

SECTION 1. Section 3 (which relates to research, investigations, training, and other activities) is amended

(1) by striking out the period at the end of paragraph (4) of subsection (a) thereof and inserting in lieu thereof "; and";

(2) by adding after paragraph (4) of subsection (a) the following new paragraphs:

"(5) Initiate, conduct and accelerate research programs relating to gasolinepowered vehicles with a view toward reducing or eliminating (i) emissions of oxides of nitrogen and aldehydes from the crankcase and exhaust of such vehicles, either by means of crankcase and exhaust control devices or by engine redesign, and (ii) emissions of hydrocarbons resulting from gasoline evaporation in carburetors and fuel tanks. To carry out such research the Secretary shall consult with the technical committee established under section 6 of this Act; and

"(6) Initiate, conduct and accelerate research programs relating to dieselpowered vehicles with a view toward reducing or eliminating emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, aldehydes and sulphur dioxide. To carry out such research the Secretary shall consult with the technical committee established under section 6 of this Act and may add to such committee such representatives from the diesel-powered vehicle industry as he deems appropriate; and

"(7) Initiate, conduct and accelerate research programs with a view toward reducing or eliminating pollutants emitted from jet aircraft and missiles and from fuels used to power such jet aircraft and missiles. To carry out such research the Secretary shall appoint a technical committee whose membership shall consist of representatives from the Department, the Department of Defense, Federal Aviation Agency, National Aeronautics and Space Administration, the Atomic Energy Commission, the Department of Commerce, the jet aircraft and missile industries, and affected fuel manufacturers; and

"(8) Initiate, conduct, and accelerate research programs with a view toward developing efficient and low-cost methods of collecting and disposing of municipal solid wastes. To carry out such research the Secretary shall appoint a technical committee, whose membership shall consist of representatives from the Department, the Public Health Service, and municipal solid-waste collection and disposal agencies. The committee shall meet from time to time at the call of the Secretary to evaluate progress in the development of such methods, to recommend programs for municipal solid-waste collection and disposal, to inform and advise municipal solid-waste collection and disposal agencies of such recommendations, and to report to the Secretary recommendations, if any, for additional legislation."

and

(3) by adding after paragraph (8) of subsection (b) the following new paragraph:

"(9) Encourage and promote the policy and provisions of this Act by initiating and carrying out a program designed to (i) inform and advise eligible municipalities and air pollution control agencies of the availability of grants under section 4 hereof and (ii) inform and advise all other eligible persons of the availability of income tax benefits under the Internal Revenue Code of 1954, as amended, in connection with acquisition, construction, or installation of the air pollution control devices specified therein."

(4) by adding at the end of subsection (c) thereof the following new subsections:

"(d) The Secretary shall establish a Federal Air Pollution Control Laboratory within the Department and shall staff and equip such laboratory as necessary to conduct such phases of the national research and development program for the prevention and control of air pollution as he deems appropriate.

"(e) The Secretary shall appoint a technical committee, whose membership shall consist of representatives from the Department, the Bureau of Mines of

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