Although adequate authority exists to carry out the President's directives, the enactment of H.R. 7429 would be welcome as additional congressional support for the program. The Bureau of the Budget has advised that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely yours, STEWART UDALL, Secretary of the Interior. Hon. OREN HARRIS, DEPARTMENT OF THE AIR FORCE, Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense with respect to H.R. 7429, 89th Congress, a bill to amend the Clean Air Act in order to provide for improved control of air pollution from Federal installations and facilities and automotive vehicles. The Secretary of Defense has delegated to the Department of the Air Force the responsibility for expressing the views of the Department of Defense. H.R. 7429 is identical to title II of S. 560 as amended by the Senate Committee on Public Works and passed by the Senate on March 25, 1965. S. 560 was the subject of Senate committee hearings in February 1965, at which time the views of the Department of Defense were elicited. Testimony of the Department of Defense spokesman appears at pages 137-146 of the hearings (Federal Installations, Facilities, and Equipment Pollution Control Act, hearings before a Special Subcommittee on Air and Water Pollution of the Committee on Public Works, U.S. Senate, February 23, 24, and 26, 1965). The views of the Department of Defense were considered by the committee and, in the main, those views are reflected in S. 560 as passed by the Senate. H.R. 7429 would amend sections 6 and 7 of the Clean Air Act in the same way as would S. 560 as passed. The Department of the Air Force favors enactment of such legislation (as well as the additional provisions of S. 560), subject to the modifications indicated below. (a) With regard to the exemption for special purpose vehicles (new section 6(c) of the Clean Air Act as proposed by H.R. 7429), the utilization by the Department of Defense and other agencies of heavy duty track and wheeled vehicles presents a special problem. H.R. 7429 would not provide for the test of practicability or effect on operational capability as was envisioned in the Department of Defense position as presented in the hearings on S. 560. It is suggested that, on page 2, line 2 of H.R. 7429, the period be changed to a comma and the following be added: “taking into account the practicability of providing such air pollution control devices without degrading the operational capabilities or utility of these special purpose vehicles." (b) As pointed out in Department of Defense testimony on S. 560, and equally applicable to H.R. 7429, the development of Federal standards for Federal agencies would appear to obviate the need for the "permit" system contemplated by section 7(b) of the Clean Air Act. Recognizing, however, that there may be overriding legislative and administrative considerations which make continuation of the permit system necessary, it is considered essential that both the standards and the regulatory provisions relating to permits be developed by the Department of Health, Education, and Welfare in consultation with the Federal agencies affected. Therefore, it is the option of the Department of the Air Force that, due to the complicated technical and professional problems involved in pollution abatement, the Secretary of Health, Education, and Welfare be required by legislation to consult with the other Departments on this subject. Accordingly, it is recommended that a new subsection (h) be added to section 2(2) of H.R. 7429, as follows: "(h) In developing Federal standards for Federal installations, determining special classes of pollutants, and establishing regulatory procedures relating to permits, the Secretary shall consult with the Federal departments or agencies concerned and shall take into account the practicability of achieveing the desired controls." This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Bureau of the Budget advises that, from the standpoint of the administration's program, there is no objection to the presentation of this report for the consideration of the committee. Sincerely, Hon. OREN HARRIS, ROBERT H. CHARLES, Assistant Secretary of the Air Force THE GENERAL COUNSEL OF THE TREASURY, Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: Reference is made to your request for the views of this Department on H.R. 8007, "To prohibit the manufacture, sale or use in commerce of any motor vehicle which discharges substances into the air in amounts found by the Secretary of Health, Education, and Welfare to be dangerous to public health." The proposed legislation directs the Secretary of Health, Education, and Welfare, after conducting the necessary research, to 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. The act would apply only to motor vehicles manufactured after the effective date, which is 1 year after the date on which standards are first prescribed and published in the Federal Register. The manufacture, sale, or importation of motor vehicles not meeting the prescribed standards is made unlawful by subsection (a) of section 2 of the bill. Since the Department of Health, Education, and Welfare has the primary responsibility in this field, the Treasury defers to its views as to the need for, and desirability of, legislation dealing with the subject matter. However, the bill would impose certain responsibilities on the Bureau of Customs of this Department in connection with importations of motor vehicles. From the standpoint of Treasury interest, the Department would recommend the enactment of S. 306 in lieu of further consideration of H.R. 8007. S. 306, as passed by the Senate and referred to your committee, would in general present no unusual administrative difficulties for this Department. There is, however, one additional technical matter which the Department would like to have considered by your committee. S. 306 provides that motor vehicles not in conformance with established standards may be entered into the United States, under suitable bond, to be brought into conformity. The bond would be breached in cases of failure to conform, thereby making the importer liable to liquidated damages. However, the principal purpose of the bill is to keep nonconforming vehicles out of domestic commerce. Therefore, it is suggested that a provision be added to S. 306 to indicate what disposition should be made of motor vehicles which are not brought into conformity with the standards. The Department has been advised by the Bureau of the Budget that there is no objection from the standpoint of the administration's program to the submission of this report to your committee. Sincerely yours, Hon. OREN HARRIS, FRED B. SMITH, Acting General Counsel. DEPARTMENT OF STATE, Washington, D.C., June 9, 1965. Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: This report on H.R. 8007, a bill "To prohibit the manufacture, sale, or use in commerce of any motor vehicle which discharges substances into the air in amounts found by the Secretary of Health, Education, and Welfare to be dangerous to public health," is submitted in response to your request of May 12, 1965. This bill would require that imported as well as domestically manufactured motor vehicles meet the standards prescribed by the Secretary of Health, Education, and Welfare. On the understanding that the same standards would apply to domestically produced and imported vehicles, this requirement would be consistent with the international obligations of the United States. Accordingly, the Department of State would have no objection to the enactment of this bill. The Bureau of the Budget advises that from the standpoint of the administration's program there is no objection to the submission of this report. Sincerely yours, DOUGLAS MACARTHUR II, Hon. OREN HARRIS, (For the Secretary of State). DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D.C., June 9, 1965. Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D.C. DEAR MR. HARRIS: Your committee has requested our report on H.R. 4001, 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," and a similar bill-S. 306 which passed the Senate on May 18, 1965. President Johnson in his recent natural beauty message forcefully pointed out that pollution destroys the natural beauty, menaces the public health, reduces our efficiency and property values, and raises taxes. He pointed out the need for greater efforts in the control and prevention of air and water pollution, in the control of automobile exhaust emissions, and in the disposal of solid wastes. H.R. 4001 and the Senate-passed bill S. 306 are designed to aid in strengthening our efforts in these areas. We believe that S. 306 offers the best approach to the problems of automobile emission control and solid waste disposal. Other legislatiye efforts are now in progress to strengthen our efforts. in the control and prevention of air and water pollution. We therefore recommend the enactment of S. 306 with amendments suggested by this Department and the Department of Health, Education, and Welfare. S. 306 amends the Clean Air Act, as amended, by adding two new titles to the act. The first title relates to the control of air pollution through the establishment of standards, requirements, or limitations applicable to exhaust emissions from new motor vehicles or new motor vehicle engines. These standards will be established by regulations which will be effective no later than September 1, 1967. After this date, the bill prohibits, among other things, the manufacture for distribution in commerce, for sale, or delivery for introduction into commerce, or the importation into the United States of any new motor vehicle or new motor vehicle engine that does not comply with these standards, unless exempted by the Secretary of Health, Education, and Welfare. The bill establishes penalties for any violation and provides for the inspection of these motor vehicles at the factory, warehouse, or other business house where the vehicles are stored or worked on pending sale or delivery to the consumer. We believe that this new title in the Clean Air Act will aid in preventing the further pollution of the air from motor vehicle exhaust emissions. This Department has considerable experience through research in fuels used by automobiles and the constituents of automobile exhausts which contaminate the air. Some of this research has been conducted with funds made available to this Department pursuant to the present Clean Air Act. We think that the Secretary of Health, Education, and Welfare will be able to use our expertise in developing standards under this new title. We note that the term "ultimate purchaser" is defined in section 209 (e) on page 8 of the bill. This term is used in section 209 (c) on page 7 of the bill. In section 207 on page 6 of the bill, however, the term "ultimate consumer" is used. but it is not defined. We suggest that the term "ultimate purchaser" should be substituted for the term "ultimate consumer" on page 6, line 12, of S. 306. S. 306 also adds to the Clean Air Act a new title relating to the disposal of solid wastes. The bill refers to this title as "title II." We think it should be renumbered as "title III." This new title will be very important to this Department. It authorizes the Secretary of Health, Education, and Welfare and the Secretary of the Interior to carry out a program to meet the problems of solid waste disposal. The disposal, control, and reclamation of waste products resulting from the extraction, processing, and utilization of mineral substances are important technologic and economic factors in the effective conservation of mineral resources as well as the economics of the mineral-based industries. The Department of the Interior, through the Bureau of Mines, has for many years approached the problem of minimizing waste mainly from the standpoint of conserving the resource. Specifically, we have sought instances where improved recovery systems would reduce mineral losses, and incidentally reduce the volume of the products finally discarded. We have concentrated our attention in those instances where improvements in recovery promised direct economic gains to the industry. S. 306 will require the Federal Government, including this Department, to emphasize the effects of mineral industry-based wastes on the total environment and require that more attention be directed to instances where waste disposal practices might be improved for the dual purposes of conserving the resource and of conserving other resource values, including natural beauty. S. 306 directs this Department to encourage, cooperate with, and give financial, technical, and other aid to public and private agencies and institutions, and individuals in the conduct of research, investigations, experiments, training, demonstrations, surveys, and studies relating to the operation and financing of solid waste disposal programs, the development and use of new and better methods of disposal, and the reduction of the amount of waste and unsalvageable waste materials. The Secretary is also authorized to carry out these activities directly. Thus, the bill enables this Department to carry out a comprehensive program designed to meet the problems of solid waste disposal resulting from the extraction, processing, or utilization of minerals or fossil fuels where such activities are or could be controlled within the operating or inactive facility or facilities, such as the plant, a coal mine (active or inactive), or strip mine (active or inactive). In carrying out this program, we may publish the results of our research and other activities, cooperate with public or private groups in the preparation and conduct of research and other activities, make grants for research and training projects, and enter into contracts for such projects. Contracts will be made in accordance with title 10, United States Code, section 2353. The bill provides that not more than 25 percent of the amount appropriated to carry out this title in any one fiscal year may be obligated by this Department and the Secretary of Health, Education, and Welfare for such grants and contracts. The bill also authorizes the Secretary to make grants to any State, municipality, or intermunicipal, or interstate agency to aid in developing a project to demonstrate a new or improved method of disposing of solid wastes. The maximum grant for a project can be two-thirds of the project cost. In the case of a municipality, there must be a law, regulation, or ordinaance that prohibits open burning of solid wastes. The Secretary must also find that the project will continue to be operated and maintained after construction. The bill provides that not more than 12.5 percent of the amount appropriated under this title may be expended in any one State by this Department and HEW. We assume that this means 12.5 percent of the amount appropriated each fiscal year. If it does not, we recommend that this provision be clarified. The bill provides that no part of the funds made available under this title involving any scientific research and development activity may be expended unless the expenditure is conditioned upon provisions which insure that all information, processes, patents, etc., will be made available to the public. Provision is also made for the enforcement of the patent provision by the Attorney General. There is an existing Presidential policy statement on patents which may these provisions undesirable. The bill also adds a new provision to title I of the Clean Air Act which authorizes the Secretary of Health, Education, and Welfare to use 10 percent of the annual amount appropriated to carry out the solid waste disposal title for grants to State and interstate air pollution control agencies in the amount of twothirds of the costs of making or arranging for surveys of solid waste disposal practices and problems within the scope of these agencies, and of developing solid waste disposal plans for such areas. We think this latter provision is desirable, but we believe it should be made a part of the solid waste title which will be administered by both this Department and HEW. The bill authorizes an annual appropriation of $20 million for fiscal years 1966 and 1967. We believe that S. 306 fully carries out the objectives of President Johnson when he said in his natural beauty message that he recommends legislation to— "Assist the States in developing comprehensive programs for some forms of solid waste disposal. "Provide for research and demonstration projects leading to more effective methods for disposing of or salvaging solid wastes." We strongly recommend its enactment with the amendments suggested by the administration. The Bureau of the Budget has advised that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely yours, Hon. OREN HARRIS, STEWART L. UDALL, Secretary of the Interior. U.S. DEPARTMENT OF LABOR, Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: This is in reply to your request for the views of the Department of Labor on S. 306 and H.R. 7065, bills to amend the Clean Air Act. We note with approval that S. 306 contains adequate labor standards provisions applicable to federally financed construction. On the other hand, H.R. 7065 contains no labor standards. The amendments which that bill would make to section 4 of the Clean Air Act would provide grants to municipalities and air pollution control agencies for the acquisition, construction, and installation of devices or facilities designed to reduce or eliminate air pollution. We suggest that the same labor standards provisions be included in H.R. 7065 as are found in section 207 of S. 306. With regard to other aspects of the bills, we would defer to other agencies more directly concerned. The Bureau of the Budget advises that there is no objection to the submission of this report from the standpoint of the administration's program. Sincerely, W. WILLARD WIRTZ, FEDERAL POWER COMMISSION, Hon. OREN HARRIS, Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: S. 306, upon which your letter of May 24, 1965, requests us to make a report, would amend the Clean Air Act to require standards for controlling the emission of pollutants from gasoline-powered or diesel-powered vehicles, to authorize construction of a Federal Air Pollution Control Laboratory to contribute to the national air pollution research effort, and to enact the Solid Waste Disposal Act for the purpose of encouraging research and providing technical and financial assistance to solid waste disposal programs. The Commission appreciates the seriousness of air and water pollution problems. Our report on H.R. 4001, 89th Congress, which is also before your committee, suggests specific areas for intensified research and discusses generally this Commission's interest in these problems. Please treat our report on H.K. 4001, which was transmitted to your committee June 4, as our report on S. 306. Sincerely, DAVID S. BLACK, Acting Chairman. |