your concern over the blight of foul air now plaguing our Nation. California has time and again demonstrated its willingness to do something about dirty air and water. We hope that your present deliberations will result in constructive legislation for air and water pollution control. Kindest Personal regards and best wishes.

RONALD REAGAN, Governor of California.

We also have a letter from Senator Kuchel explaining that it is impossible for him to be with us today and attaching a statement with respect to the subject which, without objection, will be included in the record.

(The letter and statement referred to are as follows:)

Hon. EDMUND S. MUSKIE,

U.S. SENATE,

Washington, D.C., February 10, 1967.

Chairman, Subcommittee on Air and Water Pollution,
Senate Committee on Public Works,

U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: I understand that your Subcommittee on Air and Water Pollution will hold a field hearing in Los Angeles on February 13, 1967. As you know, the State of California and, in particular, the County of Los Angeles, long have been leaders in the battle against air pollution.

As a representative from California and as a past member of the Public Works Committee, I have had a continuing interest in the efforts that both government and industry are making in this area. In line with that interest, I have prepared a statement presenting my views on the subject of governmentindustry cooperation in meeting the challenge of air pollution. Prior commitments, however, prevent me from personally presenting this statement before your Subcommittee on February 13. I, therefore, would appreciate your introducing the enclosed statement into the record of your field hearings in Los Angeles.

Thanking you in advance for your cooperation, I remain.

Sincerely yours,

THOMAS H. KUCHEL

STATEMENT OF HON. THOMAS H. KUCHEL, A U.S. SENATOR FROM THE STATE OF CALIFORNIA

INDUSTRY'S ROLE IN THE BATTLE FOR CLEAN AIR

In the 1930's, the people of Los Angeles County, numbering in those days a little over two million, became aware that their matchless climate was blemished somewhat by a periodic haze. No one had heard of hydrocarbons or smog. No one spoke of sulphur oxides, oxidants, particulates, and oxides of nitrogen. Many blamed the newly constructed oil refineries for the noxious ordors in the air. In the valleys, after a night of low temperatures and heavy smudge pot burning, a pall of soot which literally blacked out the sun enveloped the small country towns. Complaints were often heard but little action was taken. The oil industry, at one point, felt obliged to employ a technical inspector who was charged with the duty of keeping a 24-hour surveillance of the refineries and had the authority to enter the refinery premises and halt any operation producing an odor nuisance. In general, however, people in those days largely were tolerant of pollution in the air. They were ignorant of the hidden dangers and hopeful that at worst the haze would last no more than a day or two.

The County of Los Angeles, the State of California, indeed, the entire Nation, have come a long way since the days of aggravating haze and technical inspectors. Today, the problem of air pollution is referred to in terms of a national crisis. Science has deduced that the pollutants in the air strike at virtually everything that exists. In economic losses alone, air pollution costs the country billions of dollars a year through injury to vegetation and livestock, corrosion and soiling of materials and structures, depression of property values, and interference with ground and air transportation. Of even greater significance

are the adverse effects on human health. Pollution has been related to a growing number of ailments-asthma, bronchitis, lung cancer and emphysema. The Surgeon General's office has indicated that:

"... in the not-too-distant future, if present rates of national growth are sustained, air pollution will reach truly critical proportions. . . ." The Department of Health, Education and Welfare states:

"... what is already known about the relationship of air pollution to illness, disability, and premature death, together with considerations of prudence in the protection of public health, leave no doubt that the contemporary air pollution problem is a threat to the lives and health of millions of people in all parts of the country."

Local, State and Federal governments have been trying desperately to wage the battle for clean air. The efforts of Los Angeles County alone have been cited by the United States Public Health Service as a model for the Nation. The County Air Pollution District has initiated a number of attacks against open burning, industrial contamination, as well as automobile emissions.

The State of California was one of the first to grant local jurisdictions the authority to regulate factories and other sources of atmospheric contamination through the establishment of air pollution control districts. In 1959, the State Legislature directed the State Department of Public Health to establish standards for the air and created a Motor Vehicle Pollution Control Board to test and, if necessary, require control devices; devices which in fact are today required of all cars sold in California.

On the Federal level, an identifiable program in air pollution was not established until 1955, when Public Law 159 was passed by the 84th Congress. As a member of the Public Works Committee at that time, I was the author of this proposal to provide the first grants-in-aid for research and technical assistance in this area. The adoption of the Clean Air Act in December of 1963 and the amendments that have been adopted since that date have given the Federal Government a mandate to provide leadership and assistance in the national effort to control pollution.

But despite the public and private efforts in this area, despite the volumes of research and the thousands of dollars of assistance, despite the controls that have been established, and the standards that have been developed, air pollution continues to grow and to threaten the environment of our Nation. The recent clouds of pollution that settled on New York are but one example. Recent reports from the County of Los Angeles raise serious questions regarding the effectiveness of control devices on automobiles. Statistics on the damaging effects of smog on health and property continue to multiply.

As the hazards increase, the Nation gropes for any answer, any solution, but the same are offered again and again-more legislation, more controls, more research and more assistance. The Administration has recommended greater Federal controls. This recommendation, of course, should be studied. My own view is that if police power is to be invoked in the area of air pollution, it ought primarily to rest with the individual states of the Union. I should not wish to invoke Federal police power until it indisputably is shown that there is no other alternative. That constitutes one of the basic responsibilities of this Subcommittee.

Legislation also has been introduced in the Congress again to provide for greater research, additional assistance to local programs, and added tax incentives for industries building pollution abatement facilities. Though all of these proposals certainly will have some effect on the air pollution problem, I am afraid that the same old answers will reap only the same results; results which have fallen seriously short of success; results which have offered only a slow, prodding, fragmented approach to a rapidly exploding environmental problem.

What is needed to meet this challenge to human environment is an attack equal to the threat. What is needed is not more controls but better technology, not the power of compulsion, but the power of industry, not more piece-meal research, but a well planned academic and industrial effort, not just additional tax incentives but real financial and competitive inducements.

The time has arrived for an enlightened overview of the problems of the human environment and of measures and plans for solution of these problems, both immediate and long range. And the primary key lies in the vast, unexploited resources of American industry and free enterprise. The ill effects of environmental hazards can be controlled effectively only through the development and

application of technology. And it is only private industry that can undertake the kind of research and development which will lead to the technical hardware that can control, eliminate or modify environmental hazards.

In the battle for clean air, government must induce the participation of industries with the greatest research and development capability. The solution of present and future environmental problems will have to be generated out of a collaboration between government and industry the equal of which may be unprecedented, but the pattern for which is neither new nor controversial.

The Federal Government has often successfully brought American industry into a partnership for the exploitation of new opportunities and the solution of problems. More than a century ago, the Federal Government and industry joined forces in an effort to forge the greatest network of railroads in the world. By somewhat different means, but with a parallel objective, the Federal Government has nurtured the resources of industry to develop air and highway transportation, electronic communications, publishing, and, of course, the industries heavily engaged in national defense and space exploration.

Behind each of these joint endeavors has been an acceptance of the premise that neither industry nor government alone has the capability of grasping an opportunity for vast economic development or for meeting a challenge to the national security or welfare. Furthermore, such collaborative efforts have always been predicated on the basic assumption-which can hardly be disputed— that the end product or goal, whether it be an efficient transportation system, colonization of the moon, or eradication of poliomyelitis, would help to preserve or strengthen society, or avert a crisis.

The Nation now faces a situation which more than any other in our history requires that we apply the technique of joint government-industry collaboration to preserve and protect society in order to avert a crisis of unimaginable proportions.

Environmental hazards to health are intimately linked to the growth of our industrial, technological society. This factor alone would seem to indicate that American industry must play a major part in solving environmental problems. But the resources of industry will have to be brought to bear on environmental problems for another, and perhaps more compelling, reason: without the application of the vast research and development capability of American industry, without its unequalled skill at identification and resolution of technological problems, the efforts of government to deal with present and future health hazards in the environment of man will continue to be substantially unsuccessful.

I believe it is fair to say that when this is pointed out to industrial leaders, they accept it. It is also fair to say that, given the proper incentives, industrial leaders are willing to apply the resources at their disposal to the solution of environmental problems. But they want to make this effort within the context of their place in the free enterprise system. In other words, industrial cooperation in the control of environmental pollution and in the design and maintenance of environments free of hazards to health and welfare will have to be consistent with the economic goals of our industrial system. This, in effect, means that government cannot expect to encourage great expansion in industrial research and development if industry will be effectively blocked from realizing a profit from its efforts.

The experience of the Department of Defense and the National Aeronautics and Space Administration in drawing on the resources of private industry for research and development hardly needs to be discussed here, other than to point out that the Department of Health, Education, and Welfare has very similar needs but has yet to develop similar means of satisfying them. The Department has no Rand Corporation, no North American Aviation, nor any other private industry partner which recognizes a community of interest with the Departmental program. As a consequence, the Department has no effective means of drawing on the resources of the private industrial community for basic research on environmental problems, for design of systems capable of meeting these problems, nor for development of hardware, where hardware is called for. It lacks the funds to support such an undertaking, but more importantly, it lacks the administrative structure and legislative authority to make such an undertaking possible.

I believe American industry is poised for a fundamentally new and immeasurably greater attack on problems of the human environment than has heretofore occurred. For the present, this industrial capability is largely un

tapped. It has been goaded to a limited extent by the expediency of regulatory control, but this means of Federal inducement has accomplished but a small fraction of the results that might be achieved through a more imaginative and resourceful Federal effort.

The problems faced by the government in meeting the growing challenge of air pollution are easy to describe. Conditions needing correction are easy to identify. A generalization on solutions is simple to state. These I have done. The difficult task is to identify all the barriers to effective cooperation between government and industry and to determine how these barriers can be breached. I am hopeful that this Subcommittee will give urgent consideration to this challenge. This is, in fact, the first order of business to which both industry and government must address themselves if industry is to have a role in the battle for clean air and, indeed, if the battle itself is ever to be won.

Senator MUSKIE. Senator Kuchel has a record of participation in his fight against air pollution that goes back a dozen years. He was a member of this committee 10 or 12 years ago, when the first rudimentary air pollution control legislation was enacted, and we appreciate his continuing support and interest.

Now, we will open our hearings. It is my pleasure to welcome an old friend, who will undertake the task of welcoming us, Supervisor Warren Dorn.

It is a pleasure to be here with you again, Supervisor Dorn, and have the benefit of your views at these important hearings.

STATEMENT OF WARREN DORN, SUPERVISOR, BOARD OF SUPERVISORS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA

Mr. DORN. Thank you very much. Seated on my right is Captain Fuller, who is the director of the air pollution control district for the county of Los Angeles, and certainly one of those known throughout the world as an expert in this very important social field.

Just for the record, I might state that it was Mr. Fuller who was invited, with members of his staff, to New York by the new mayor, former Congressman Lindsey, to help establish their air pollution control district in that area.

Working with Captain Fuller we have an outstanding group of scientists. We have perhaps the finest assembly of scientific brains that any government could possibly want, and they serve at no cost to the taxpayers, men like Dr. Stafford Warren, who has been adviser to Presidents, and one of the leaders in this field in the world, and other medical people. We just couldn't afford the cost that it would involve in retaining this type of talent to serve us in this important field.

As you know, the board of supervisors of this county, as in the case of all the 58 counties in this State, have under the 1947 act the responsibility for the immovable, the stationary sources of air pollution.

Also here this morning is the dean of our board, Supervisor Hahn of the second district, and we enjoy this opportunity of welcoming you here again. We can no longer boast of being the smog capital of the world because others have surpassed us in the field.

People used to make jokes about air pollution, but when your own health service writes, as it did 2 years ago, that there are 12,000 cities that have a serious health-destroying air pollution problem, it no longer is a matter for joking.

I know when I was first involved in this very important crusade I was mayor of my home city of Pasadena, and they used to refer to

77-515 0-67-pt. 1-2

me jokingly as that asthmatic mayor from Smogville. But, you see, that was 15 years ago, and since that time we have seen over 5,000 people die of air pollution in London, England.

We had a serious disaster right in our own country here where people died from the effects of air pollution, so we are continuing our efforts to do all that we can to control every single source of air pollution.

It is a pleasure to welcome you and your committee. It is especially nice to have our own junior Senator, one of my very close friends, Senator Murphy, here.

We are honored and pleased to welcome Senator Randolph, who is the chairman of the Public Works Committee from the great State of West Virginia.

As I said before, the board of supervisors is on record as commending the chairman of this subcommittee for his outstanding work in this important field.

I feel that Senator Muskie is the champion for us in this important struggle. We are so sorry to miss the services of Congressman Roberts, who is also a champion in this important area of service in the Congress and I only hope that someone will fill his very big shoes, fill this great void that we all notice, when we miss Congressman Roberts, who did so much in the early period in working towards a strong Federal law on air pollution. I hope that we can bring someone from our own county, one of our own congressmen, who will fill this void.

Since your last hearing in this room there have been great forward steps by the Federal Government toward controlling air pollution. The Statement of the President on January 30 merits high praise for the sense of urgency it expresses and for the forward looking program which it advocates, and our board of supervisors passed a motion commending the President for his message, statement of the 30th, and pledging our support to any program such as he espoused on that day.

I believe that the key to this whole problem is cooperative action, because we must have cooperative action from all the levels of government, the Federal, State, and local. We have always geared our program, our thrust toward this type of cooperative action.

Your committee has been perhaps the most industrious and the most productive legislative group which I have ever had the pleasure of observing. I am only sorry that those bureaucrats who work under you and also the industry in Detroit which is responsible for this scourge, do not have the same far-reaching view that you do in this field.

You have accumulated and assimilated an astounding body of information on a very complicated subject, and you have produced legislation which copes very successfully with the many facets of this diverse problem. This is a many-faceted problem, and it demands action at all levels of government.

The local agency, such as ours, must be responsible for controlling the immovable, stationary sources in the community, but it it up to Washington and your counterparts in Sacramento, in this State, and in the State capitals of all the States, to join in this united effort to control air pollution.