Bogle also is a Republican, but is an appointee, a friend and a Mississippi County neighbor of Democratic Gov. Warren E. Hearnes.

Federal participation in the forthcoming discussions will be guarded. "Please emphasize that our participation will be purely technical," a federal official said. "We have no intention of getting caught in the middle of a political Punch and Judy show."

There are actually no working air pollution alert plans that can be used as a model. An elaborate three-stage procedure has been in effect in Los Angeles for many years, but Louis J. Fuller, director of the program there, considers it virtually worthless.

Under the Los Angeles plan, industries are notified by two-way radio first to curtail and finally to cease production when pollution levels rise above a certain level. But the system includes no provision for halting automobile traffic, which is the cause of 90 per cent of the air pollution there.

The boldest emergency procedure in the nation will go into effect next month in New Jersey.

Under a recently adopted law, the governor there virtually can shut down the state when air pollution reaches the critical level. Penalties for disregarding an emergency executive order to close down a pollution source are a $100,000 fine or 10 years in prison.

Like the Los Angeles plan, the one in New Jersey has three stages, or levels, of emergency that are proclaimed when concentrations of at least two pollutants reach certain levels.

At the first stage, pollution sources are ordered to make a "substantial" cutback; at the second, a "maximum" cutback, and at the third, to stop operations altogether.

Not all industrial operations will be asked to curtail activity to the same degree, however. This is because of the peculiarities of some manufacturing operations that prevent them simply from being turned on and off like an electric light without causing irreparable damage to the equipment. Other production systems, in fact, cannot even be slowed down without actually generating more pollution in the deceleration phase than when operating at full tilt.

To accommodate these individual production characteristics, the cutback plan is individually tailored for each pollution source in the state, and all plants have a three-stage curtailment schedule on file with the state air pollution control office.

The most novel feature of the New Jersey plan is an oblique method of reducing automobile traffic. Instead of trying to put up roadblocks, New Jersey proposes to close the motorists' destinations: schools, stores and offices.

"What we're trying to do is reproduce a blizzard, but without snow," said Richard J. Sullivan, director of the New Jersey Clean Air and Water Agency. Sullivan acknowledged that the plan has encountered considerable opposition from industry on the ground that the measures may be overresponsive to the problem in a particular air pollution emergency situation. For example, opponents said, high levels of carbon monoxide, which is chiefly a result of auto use, do not call for a reduction in industrial operations that emit sulfur dioxide and particulate matter (dust and smoke).

"But we take the position that if concentrations of one or two pollutants are high, it means others-including some we don't even know about-are probably high, too," Sullivan said. "In other words, we're using these three pollutants, sulfur dioxide, carbon monoxide and particulates, as an index of the pollution problem in general. And it takes high levels in two pollutants, not one, to trigger an alert.

"Furthermore, we say all pollution is bad and we'd rather err on the side of

caution."

Sullivan expressed the belief that the severe sanctions in New Jersey's law are essential to the program. Without them polluters would be tempted to ignore emergency orders, or delay compliance with them, he said.

Nothing so severe or so comprehensive as the New Jersey plan has been proposed for the St. Louis area. Charles M. Copley Jr., city commissioner of air pollution control, wants a plan to do the job "without overkill."

"It's not such a simple thing as Roos seems to think," Copley said. "We've got to have a rational approach, not a shotgun thing where you shut down all plants unnecessarily."

The first element in any 'St. Louis-area plan will be a telemetered air monitoring and weather network to transmit information instantly from seven stations in St. Louis and St. Louis County to a central data processing facility at City Hall.

The system currently is under construction and is expected to be completed next April.

It is believed that the instant data from the seven air sampling stations and more extensive information about the type and source of the pollutants that are being discharged will enable local officials to decide precisely what measures to take on a particular occasion.

Copley said that he was in favor of a strong, mandatory procedure rather than a voluntary one.

"In an emergency you need dictatorial powers, enforced by uniformed policemen, if necessary," he said. "Too many people like to defy authority."

The Mayor of St. Louis has authority to take such steps in a “natural emergency." The penalty for violations is 90 days in the workhouse and a fine of up to $500.

No such authority is possessed by the air pollution control agencies of St. Louis County and those in the states of Missouri or Illinois, however. Their emergency powers limit them to closing down an individual source of air pollution when that source by itself is creating an imminent danger to health. This would be insufficient to order a general shutdown of industries, no one of which is contributing more than a tiny percentage to the general emergency.

The Federal law relating to air pollution emergencies is even weaker. It allows a polluter to contest in court an order to shut down before compliance.

Donald A. Pecsok, St. Louis County director of air pollution control, said he did not believe that a mandatory emergency plan is necessary to get industries to slow down or shut down. Even small sources of pollution, such as the operators of supermarket incinerators, probably would comply with a voluntary plan, he said.

Pecsok said that it would be impossible, furthermore, to halt automobile traffic. "I just can't conceive of anything but a voluntary plan,” he said. “If you put up roadblocks, cars would back up and make more pollution than if they were moving."

A bill to give the Governor special emergency powers to deal with air pollution episodes died in the Missouri Legislature in 1967. The sponsor, Senator Maurice Schechter (Dem.), Creve Coeur, told the Post-Dispatch he has no plans to revive it.

Air pollution control experts often express the fear that an effective emergency plan actually will slow down compliance with standards that ought to be upheld every day of the year. In fact, industry spokesmen often have proposed emergency plans as a substitute for permanent standards, arguing that air pollution is harmful only at times of adverse weather conditions.

Copley's answer to this is that both day-by-day compliance and emergency procedures are needed. Air pollution is harmful in two ways, he argued: at low levels over the long run and at high levels over short periods.

But most other experts disagree. Adequate pollution abatement rules, if they are tough enough, will prevent both short run high levels and long run low levels, they say.

203.030

203.040

Definitions

Intent of law-commission to control air pollution

Air conservation commission created-members-terms-expenses—chairman-meetings-executive secretary-compensation

203.050 Powers and duties of commission

203.060 Powers and duties of executive secretary

203.070

203.080

203.090

Standards, rules and regulations-hearing-notice-filing-may differ as between areas

Violations-conciliation-secretary's

Emergency conditions-procedure

orders-hearings

203.100 Testimony at hearings-subpoenas-disclosure of confidential in

203.110

formation forbidden

Commission may grant, modify and revoke variances

203.120 Failure of commission or executive secretary to act, effect of 203.130 Judicial review

203.140 Political subdivisions may control air pollution, how

203.150 Political subdivisions exempt from law, when

203.160

203.170 203.180

Violations may be enjoined-penalties

Law not to affect existing remedies or rights of persons
Commission not to license equipment

203.010. Short title.-This chapter shall be known and may be cited as the "Missouri Air Conservation Law".

(L. 1965 S. B. 132 §1)

203.020. Definitions.-The terms as used in this chapter shall have the following meanings:

(1) "Air cleaning device", any method, process, or equipment which removes, reduces, or renders less obnoxious air contaminants discharged into the ambient air;

(2) "Air contaminant", any particulate matter or any gas or vapor or any combination thereof;

(3) "Air contaminant source", any and all sources of emission of air contaminants whether privately or publicly owned or operated;

(4) "Air pollution", the presence in the ambient air of one or more air contaminants in quantities, of characteristics and of a duration which directly and proximately cause or contribute to injury to human, plant, or animal life or health or to property or which unreasonably interfere with the enjoyment of life or use of property;

(5) "Ambient air", all space outside of buildings, stacks, or exterior ducts;

(6) "Area of the state", any geographical area designated by the commission;

(7) "Commission", the air conservation commission of the state of Missouri created by this chapter;

(8) "Department", the department of public health and welfare of the state of Missouri;

(9) "Division", the division of health of the department of public health and welfare;

(10) "Executive secretary", the executive secretary of the commission;

(11) “Person”, any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department or bureau of the state, or any other legal entity whatever which is recognized by law as the subject of rights and duties; and

(12) "Political subdivisions", any municipality, city, incorporated town, village, county, township, district or authority, or any portion or combination of two or more thereof.

(L. 1965 S. B. 132 §2)

203.030. Intent of law-commission to control air pollution. -The discharge into the ambient air of air contaminants so as to cause or contribute to air pollution is contrary to the public policy of Missouri and in violation of this chapter. It is the intent and purpose of this chapter to maintain purity of the air resources of the state to protect the health, general welfare and physical property of the people, maximum employment and the full industrial development of the state. The commission shall seek the accomplishment of this objective through the prevention, abatement and control of air pollution by all practical and economically feasible methods.

(L. 1965 S. B. 132 §3)

203.040. Air conservation commission created

terms tary

meetings

members executive secre

chairman expenses compensation.-1. There is created hereby an air pollution control agency to be known as the "Air Conservation Commission of the State of Missouri", whose domicile for the purposes of this chapter shall be deemed to be that of the division of health of the department of public health and welfare of the state of Missouri. The members of the commission shall be the director of the Missouri division of health and six others who shall be appointed by the governor with the advice and consent of the senate. No more than three of the appointed members shall belong to the same political party. They shall be so selected as to represent industry, labor, agriculture, municipal or county government and the general public. The member or members representing industry shall be persons experienced in the field of air pollution. The governor shall designate the chairman of the commission, and shall also