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CONTENTS

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37

H.R. 6981 (Gude), a bill to provide for the prevention, abatement, and con-

Page

trol of air pollution in the District of Columbia.

1

H.R. 10017 (Horton), identical bill..

1

H.R. 12232 (Multer), recommended by Commissioners.

10

Staff memorandum on H.R. 6981 and H.R. 10017-

17

STATEMENTS

Department of Health, Education, and Welfare:

Griswold, S. Smith, Associate Director for Abatement and Control,

National Center for Air Pollution Control, Public Health Services - 27

MacKenzie, Vernon, Assistant Surgeon General, and Deputy Director,

Bureau of Disease Prevention and Environmental Controls

27

District of Columbia Government:

Gimble, Gilbert, Assistant Corporation Counsel

37

Grant, Dr. Murray, Director, Department of Public Health all

37

Henson, Lt. Col. William F., Assistant Engineer Commissioner

Orndorf, Roy L., Director, Department of Sanitary Engineering-

37

Thot, Capt. John, Metropolitan Police Department 19

51
District of Columbia Medical Society, Dr. Eloise W. Kailin.

53

Fuels Research Council, Inc., John A. McGrath, executive vice president.. 93

Geiger, Dr. Jason, chairman, Medical Advisory Committee, Montgomery

County (Md.) Tuberculosis and Respiratory Disease Association

47

Gude, Hon. Gilbert, a Representative in Congress from the State of Mary-

land..

17

Horton, Hon. Frank, a Representative in Congress from the State of New

York.

dule

26

Metropolitan Washington Council of Governments, Frederick A. Babson,

president

89

Steuart Petroleum Co.:

Counts, Richard L., president-

74

Via, Louis, general counsel.

74

MATERIAL SUBMITTED FOR THE RECORD

Amendments proposed:

Department of Health, Education, and Welfare.

29, 30

District of Columbia Government.

13, 38, 46, 51

Fuels Research Council.

94

Gude, Hon. Gilbert.

21
Metropolitan Washington Council of Governments

91
Steuart Petroleum Co..

82

Committee of One Hundred on the Federal City, David Sanders Clark,

chairman, Air and Water Pollution Subcommittee:

Telegram dated May 17, 1967, to Congressman Sisk.

99

Letter dated August 19, 1967, to Chairman McMillan and statement

attached..

101

Contreas, Mrs. R. B., letter dated April 29, 1967, to Chairman McMillan. 100
Department of Health, Education, and Welfare:

Reprint of article entitled "Health Effects From Repeated Exposures

to Low Concentrations of Air Pollutants,” Public Health Reports,
vol. 77, No. 10, October 1962---

54
Letter dated July 20, 1967, from Hon. Wilbur J. Cohen, Under Secre-
tary, to Chairman McMillan reporting on H.R. 6981.

12

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MATERIAL SUBMITTED FOR THE RECORD–Continued

District of Columbia government:

Duncan, Hon. John B., Acting President, Board of Commissioners,

letter dated July 14, 1967, to Chairman McMillan reporting on Pago

H.R. 6981, and suggested amendments.

13

Tobriner, Hon. Walter N., President, Board of Commissioners, letter

dated August 21, 1967, to Chairman McMillan as to interstate

compact authorization.

46

District of Columbia Medical Society, Dr. Eloise W. Kailin, questionnaire

survey of eye symptoms and results of

67-68

Downes, Mrs. Patricia, letter dated April 15, 1967, to Chairman McMillan. 99
Eastlands Gardens Civic Association, Wilbur C. Goodwin, president, letter
dated May 16, 1967, to Chairman McMillan -

100
Kingman Park Civic Association, Robert Reid, president, letter dated June
24, 1967, to Chairman McMillan.

101
Lowrey, Mrs. Gladys F., letter dated April 14, 1967, to Chairman McMil-
lan?

99

Maryland Department of Health, James B. Coulter, assistant commis-

sioner, Environmental Health Service, letter dated April 25, 1967, to

Chairman McMillan -

73

Metropolitan Washington Council of Governments, Frederick A. Babson,

president, letter dated August 24, 1967, to Chairman Multer, comment-

ing on H.R. 12232..

92

Silver Dr. Harold, statement.

101

Silver Spring Woman's Club, Mrs. G. E. Murch, corresponding secretary,

letter dated June 14, 1967, to Chairman McMillan.

100

Steuart Petroleum Co., Richard L. Counts, president, and L. T. Via, sales

manager, Industrial Oil Burner Division, supplemental statement... 88

Washington Evening Star, reprint of editorial of August 13, 1967, entitled

"Poisoned Atmosphere”.

102

WWDC:

Editorial No. 14, dated March 14, 1967, entitled "The Air We

Breathe”.

22

Editorial No. 17, dated July 2, 1967, entitled “The Air We Breathe”. 23
Woman's Club of Bethesda, Mrs. Éathol W. Allen, president, letter dated
May 10, 1967, to Chairman McMillan.

100

AIR POLLUTION

THURSDAY, AUGUST 10, 1967

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE No. 2 OF THE
COMMITTEE ON THE DISTRICT OF COLUMBIA,

Washington, D.C. The subcommittee met, pursuant to notice, at 11:00 a.m. in room 1310, Longworth House Office Building, Hon. Abraham Multer presiding.

Present: Representatives Multer (chairman), Winn, and Gude.

Also present: James T. Clark, clerk; Hayden S. Garber, counsel; Sara Watson, assistant counsel; Donald Tubridy, minority clerk; Leonard O. Hilder, investigator.

Mr. MULTER. The Committee will please be in order.

We have met today to consider H.R. 6981, introduced by our distinguished colleague from Maryland, Mr. Gude, and H.R. 10017, introduced by another one of our distinguished colleagues from New York, Mr. Horton, both of whom serve on this District Committee; and we will also consider H.R. 12232, which I introduced yesterday. Those three bills will be made a part of the record at this point.

(H.R. 6981 and H.R. 10017 follow:)

H.R. 6981, 90th Congress, first session, by Mr. Gude on March 9,

1967, and H.R. 10017 by Mr. Horton on May 16, 1967

A BILL To provide for the prevention, abatement, and control of air pollution in the

District of Columbia

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TTLE

SECTION 1. This Act may be cited as the “District of Columbia Air Pollution Control Act”.

DECLARATION OF POLICY SEC. 2. It is the policy of this Act to preserve, protect, and improve the air resources so as to promote health, safety, and welfare, prevent injury to human health, plant and animal life, and property, to foster the comfort and convenience of its inhabitants, and, to the greatest degree practicable, to facilitate the enjoy. ment of the natural attractions of the District of Columbia.

DEFINITIONS

Sec. 3. For purposes of this Act,

(1) The term "air contaminant” means dust, fumes, gas, mist, smoke, vapor, odor, or particulate matter, or any combination thereof, present in the atmosphere.

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(2) The term "air pollution" means the presence in the outdoor atmosphere of one or more air contaminants, or any combination thereof, in sufficient quantities and of such characteristics and duration as is or is likely to be injurious to public welfare, to the health of human, plant, or animal life, or to property, or which interferes with the enjoyment of life and property.

(3) The term "control equipment” means any equipment which has the function of controlling the emissions from a process, fuel-burning, or refuse-burning equipment and reducing the creation or emission of air contaminants into the atmosphere, or both.

(4) The term “Commissioners” means the Commissioners of the District of Columbia.

(5) The term "fuel-burning equipment” means any equipment, device, or contrivance, and all appurtenances thereto, including ducts, breechings, fuel-feeding equipment, ash-removal equipment, combustion controls, stacks, and chimneys, used primarily, but not exclusively, to burn any fuel for the purpose of indirect heating in which the material being heated is not contacted by, and adds no substance to, the products of combustion.

(6) The term “incinerator" means any equipment, device, or contrivance used for the destruction of garbage, rubbish, or other w stes by burning, and all appurtenances thereof.

(7) The term “opacity" means the state of a substance which renders it partially or wholly impervious to rays of light. The term refers to the obscuration of an observer's view.

(8) The term “open fire" means a pre in which any material is burned in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack.

(9) The term “particulate matter" means material which is or has been suspended in air or other gases and is a liquid or a solid at standard conditions of temperature (68 degrees Fahrenheit) and pressure (14.7 pounds per square inch absolute),

(10) The term “person” includes an individual or a partnership, public or private corporation, association, department, or agency of the District of Columbia Government, or any other legal entity.

(11) The term "process weight” means the total amount of all material introduced into an industrial operation, including solid fuels, but excluding liquid fuels and gaseous fuels when these are used as fuels and air introduced for purposes of combustion. (12) The term “process weight per hour” means

(A) in the case of continuous or long-term operation, the total process weight for the entire period of operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof, and

(B) in the case of a batch operation, the total process weight for a period which covers a complete operation or an integral number of cycles, divided

by the hours of actual process operation during such period. (13) The term “Ringelmann Smoke Chart" means a chart for grading the appearance, density, or shade of smoke, as published, with instructions for use, by the United States Bureau of Mines in Information Circular 7718, dated August 1955.

(14) The term "salvage operation" means any operation conducted in whole or in part for the salvaging or reclaiming of any product or material.

(15) The term "smoke" means small gas borne partcles, other than water, in sufficient number to be observable.

(16) The term "source" means any physical arrangement, condition, or structure which may emit air contaminants.

SEC. 4. The Commissioners shall establish an Air Pollution Control Agency. The Commissioners shall carry out the provisions of the Act through such Agency. The Agency shall be headed by an Administrator, appointed by the Commissioners, who shall perform such duties as are delegated to him by the Commissioners.

DUTIES AND POWERS

SEC. 5. (a) The Commissioners shall

(1) conduct studies, investigations, and research relating to air pollution and its prevention, abatement, and control;

(2) prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution;

(3) advise, consult, and cooperate with agencies of the District of Columbia Government, industries, interstate or interlocal agencies, the Federal Government, and interested persons and groups;

(4) review those matters having a bearing upon air pollution referred by agencies of the District of Columbia Government, and make reports, including recommendations, to the referring agencies with respect thereto;

(5), collect and disseminate information and conduct educational and training programs relating to air pollution; and

(6), encourage voluntary cooperation by persons or affected groups to achieve the purposes of this Act.

(b) For purpose of carrying out their duties under this Act, the Commissioners may

(1) issue such orders as may be necessary to effectuate the purposes of this Act and enforce the same by all appropriate administrative and judicial proceedings;

(2) hold hearings relating to any aspect of, or matter in, the administration of this Act;

(3) secure necessary scientific, technical, administrative, and operational services, including laboratory facilities by contract, or otherwise ;

(4) receive and administer grants or gifts for the purpose of carrying out the purposes of this Act; and

(5) take any other action which may be necessary to carry out the purposes of this Act.

REPORTING OF INFORMATION SEC. 6. The Commissioners may require persons engaged in operations which may result in air pollution to file with the Commissioners reports containing

composition of contaminant emission; and (3) such other information as the Commissioners may require.

CONSTRUCTION PERMITS

SEC. 7. (a) Except as provided in subsection (c), it shall be unlawful to construct, reconstruct, install, or alter any fuel-burning equipment or any other equipment capable of emitting air contaminants unless the Commissioners have issued a permit for such construction, reconstruction, installation, or alteration. Applications for such permit shall be accompanied by such plans, specifications, and information as the Commissioners may by regulation prescribe.

(b) It shall be unlawful for any person to operate any fuel-burning equipment or any other equipment capable of emitting air contaminants with respect to which a permit has been issued under this section unless such equipment conforms to the plans and specifications on the basis of which such permit was issued.

(c) A permit for the construction, reconstruction, installation, or alteration of fuel-burning equipment or equipment capable of emitting air contaminants shall not be required in the case of

(1) any oil-fired fuel-burning equipment which uses only number 1 or number 2 fuel oil and which uses only commercial equipment listed by the Underwriters Laboratory,

(2)any gas-fired fuel-burning equipment which uses only commercial equipment listed by the Underwriters Laboratory,

(3), any solid-fuel fired fuel-burning equipment which uses commercial equipment listed by the Underwriters Laboratory and the fuel input of which will not exceed three hundred and fifty thousand British thermal units per hour,

(4) any fuel-burning equipment or any other equipment capable of emitting air contaminants which is not permanently installed in a stationary building or structure, or

(5) repairs or minor alterations to any equipment installed prior to the effective date of this Act or with respect to which a permit has been issued under this section. (d) No person may build, erect, install, or use any article, equipment, or other contrivance the sole purpose of which is to dilute or conceal an emission without resulting in the total release of air contaminants into the atmosphere.

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