various types of air pollutants, be eliminated, and that, in their place, language be inserted in Section 5, "Duties and Powers," which would atuhorize the adoption of appropriate standards and regulations by the cognizant agency of the District of Columbia government.

If the Committee wishes to place greater emphasis on the adoption of regulations than it could by merely providing discretionary authority for such action, you may wish to consider a provision which would explicitly direct the responsible agency to develop and adopt appropriate regulations, possible within a specified time period.

In many important respects, H.R. 6981 would provide opportunities for improvement in the District of Columbia's efforts to deal with problems of air pollution. The bill would apparently vest all responsibility for air pollution prevention and control activities in a single agency. This would remove an important obstacle to progress in the fight against air pollution in the city-the current division of responsibility for air pollution control activities within the District government. The experience of this Department indicates that authority for air pollution control activities, whether at the State or local level, is best vested in a single agency. We therefore urge that this concept be retained, regardless of whether authority is vested in the Commissioners or is vested in an existing agency, and that consideration be given to repeal or appropriate modification of existing statutes and regulations pertaining to the prevention and control of air pollution in the District of Columbia.

With slight modification, H.R. 6981 could provide opportunities for progress on another front-progress toward the development of a regional attack on air pollution in the Washington area. This area's air pollution problems are regional programs, in very large measure. Many people who live in the area tend to think that Washington is the source of all, or nearly all, of the area's air pollution. This is a myth that serves mainly to obscure the need for a coordinated regional effort to deal with the problem. There are numerous air pollution sources in all parts of the Washington metropolitan area, and their impact is felt throughout the area. This area clearly shares a common air supply and a common air pollution problem.

The District of Columbia should, of course, be in a position to participate fully in any regional air pollution control effort that may be undertaken in the months and years ahead. In H.R. 6981, Section 5(a) (3) would empower the District Commissioners to "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." This language may not provide sufficient latitude for cooperation with State and local governmental agencies which have jurisdiction in parts of the Washington area. We suggest that "States and political subdivisions of States," also be mentioned in this provision.

In summary, this Department supports the enactment of H.R. 6981, with the modifications suggested in this report. We will be pleased to provide any assistance you may desire in effecting these modifications. We are continuing further to study the details of the bill and will submit to your Committee such further modifications of a technical or drafting nature which may be discovered thereby. We are advised by the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely,

WILBUR J. COHEN,

Under Secretary.

GOVERNMENT OF THE DISTRICT OF COLUMBIA,

EXECUTIVE OFFICE, Washington, July 14, 1967,

Hon. JOHN L. MCMILLAN,

Chairman, Committee on the District of Columbia,

House of Representatives,

Washington, D.C.

DEAR MR. MCMILLAN : The Commissioners of the District of Columbia have for report H.R. 6981, 90th Congress, a bill "To provide for the prevention, abatement, and control of air pollution in the District of Columbia."

The purpose of the bill is set forth in the language of the declaration of policy

which appears as section 2 of the bill and reads as follows:

"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 enjoyment of the natural attractions of the District of Columbia."

The bill directs the Commissioners to establish an "Air Pollution Control Agency" which would be given the authority of carrying out the provisions of the Act. It provides for broad controls over the use of fuels and fuel burning equipment, emission of air contaminants, the open burning of fires, and the operation of equipment that may produce air contaminants. The bill also contains provisions for exemption or partial exemption from its air pollution control measures. It further provides for enforcement and for judicial review of actions taken pursuant to the authority granted. The bill is to become effective upon enactment, subject to an exception which would allow persons owning or using existing equipment or fuels not in conformance with the control provisions of the Act six months in which to comply with the Act or apply for an exemption.

The Commissioners fully endorse the objectives of the bill. We are convinced that more stringent controls must be imposed if there is to be any real beginning to achieving a lasting solution to the problem of air pollution. We further frankly recognize that the causes of increasing air contamination are found in large part within the central area of the metropolitan region-that is to say, within the District itself, where day-to-day requirements of a metropolitan center, such as its needs for transportation, power production, and solid waste disposal, are activities generating greater air pollution—and in taking cognizance of this fact the Commissioners have also begun to plan and develop steps to alleviate the condition.

There is much to be done before we can say that the problem can be overcome. Not only is there the need for substantial expenditures of funds, there is the further need for technological development in an area of environmental protection that has only begun to be studied. To a very large extent the ultimate solution of air pollution in the metropolitan area must rely upon regional cooperation and enforcement, particularly with respect to those aspects of the problem arising from transportation and solid waste disposal. H.R. 6981 is in fact an outgrowth of one of the first steps toward this regional approach. The bill is essentially identical to the proposed air pollution control model code proposed for the region by the Washington Metropolitan Council of Governments. As a member jurisdiction of the Council of Governments, the District has been very actively engaged in developing this model code. The Commissioners believe that it provides the region with an excellent statement of the objectives which may be hoped to be achieved, and furnishes a needed impetus for the launching of a concerted drive throughout the metropolitan area to abate air contamination. Nevertheless, the Commissioners are unable to endorse the bill in its present form. Enactment of the bill with its detailed provisions and, most significantly, the immediacy of its effectiveness would be unrealistic in view of the excessive costs required and particularly in view of the present stage of the District's ability to conform with the high standards of control contained in the bill.

These standards are in fact so high for the present stage of development in this area, insofar as the District is concerned, that the enactment of the bill would have a tremendous impact upon the operation of waste disposal and fuel burning facilities of the District and Federal governments, the production of power by public utilities, the operation of the transportation system, including both public and private modes of transportation, and the operation of waste disposal equipment and fuel burning equipment in most commercial and multi-unit residential structures. Unquestionably, most careful consideration of the effect upon the community must be given in weighing the consequences of passage of H.R. 6981. Particularly of concern, for example, are those provisions contained in sections 9, 10, and 11 which provide in detail the permissible levels of fuel burning emissions, restrictions on burning of open fires, and the use of equipment, engines and mechanisms. Basically, the Commissioners question the advisability of incorporating in a statute, to be effective within a few months after enactment, all of the detailed provisions of a model code designed to be implemented over a period of years. Furthermore, it is the Commissioners' view that establishment of a separate statutory agency for air pollution control, as is contemplated under section 4 of the bill, is not desirable since it precludes their taking action to develop the kind of governmental organization which may eventually be determined should be of broader scope.

Rather than enacting H.R. 6981 in its present form, the Commissioners urge that the Congress adopt legislation granting the Commissioners authority

to adopt air pollution controls substantially similar to those prescribed in H.R. 6981. To some extent, the Commissioners already have authority to control air pollution, and significant steps have been taken over the years under such authority. Presently in force in the District, for example, are regulations controlling fuel burning equipment under provisions of the Fuel Burning Equipment Regulations, motor vehicle exhaust system emissions under the Traffic Regulations, and the burning of open fires under the Police Regulations. District officials presently have under study and consideration additional regulatory provisions that could be promulgated by the Commissioners under their existing authority, with a view to developing a comprehensive and coordinated program to deal with the problem of air pollution in the District, similar to that contemplated by the provisions of H.R. 6981. Further, the Commissioners are currently considering internal organizational changes within their present authority which would establish a framework for high level program planning for air pollution control and other major programs.

The Commissioners believe that legislation providing them with full authority to develop standards and programs for air pollution control will better enable the District to cope with the involved problem, and allow a degree of flexibility in dealing with it. The present stage of technological development in this field indicates that constant redetermination of standards and approaches to the problem will be necessary. The establishment of these standards and approaches by statute would, in the view of the Commissioners, introduce an element of inflexibility that would seriously hamper the development of any program. Indeed, the regional model can be expected to be modified by those jurisdictions which have already adopted it, or will adopt it. With more flexible regulatory authority, the Commissioners could more readily meet new situations and undertake whatever further steps may be called for in the event technological advances or research findings are made. At the same time, the flexibility that this approach would afford the Commissioners would enable them to meet the realistic problems of air pollution control, particularly by allowing them to develop a timetable for compliance that would phase the necessary renovations in equipment, fuel, or other facilities that would be required by the establishment of higher standards. In this connection, the Commissioners note that the bill, in section 11 (c), presently recognizes this problem insofar as motor vehicles are concerned, by providing that motor vehicle equipment standards shall not become effective until July 1, 1970.

For the reasons set forth above, the Commissioners recommend that H.R. 6981 be amended so that the bill would accomplish its highly desirable objectives and at the same time provide the flexibility necessary in dealing with the inereasingly serious problem of air pollution. Accordingly, the Commissioners recommend that the following language be substituted for that which appears after the first section of the bill:

DECLARATION OF POLICY

Sec. 2. It is the policy of this Act to authorize and direct the Commissioners of the District of Columbia to make and promulgate reasonable classifications and regulations in order to preserve, protect, and improve the air resources of the community so as to promote the health, safety, and welfare of the people of the District of Columbia and the metropolitan region; to prevent injury to human health, plant, and animal life; to prevent harm of property; to foster the comfort and convenience of its inhabitants; and, to the greatest degree practicable, to facilitate the enjoyment by the citizens of the Nation of the attractions of the Nation's Capital.

་།

AUTHORITY OF THE COMMISSIONERS

Sec. 3. (a) The Commissioners of the District of Columbia are hereby authorized and directed to make and promulgate such reasonable classifications and regulations as they in their discretion deem necessary to prevent, abate, and control air pollution in the District of Columbia.

(b) Such regulations as may be adopted pursuant to this Act may provide for the control of (1) the emission of pollutants into the outdoor atmosphere from any source; (2) the burning of open fires in any public or private place outside of any structure; (3) the operation and maintenance of any equipment, vehicle, or mechanical device which may discharge pollutants into the atmosphere; and (4) the use of any fuel, substance, or product which may result in air pollution.

(c) Such regulations as may be adopted pursuant to this Act may provide for exemptions, enforcement, administrative hearing, and review procedures,

confidentiality of business records and trade secrets, fees, and fines not exceeding $300 or imprisonment not exceeding 90 days for the violation of any regulation. Each day of violation of any regulation shall constitute a separate offense.

DUTIES AND POWERS

Sec. 5. (a) The Commissioners of the District of Columbia are hereby further authorized to

(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 industries, interstate or interlocal agencies, local governments within the Washington metropolitan region, the Federal Government, and interested persons and groups;

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

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

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

(1) establish such administrative office or agency as they in their discretion may deem necessary, and delegate to such office or agency any of the duties authorized by this Act, except the power to adopt regulations; (2) issue such orders as may be necessary to effectuate the purposes of this Act and enforce the same by all appropriate administrative and judiciał proceedings, including injunctive relief;

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

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

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

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

REPORTING OF INFORMATION

Sec. 6. The Commissioners of the District of Columbia may require persons engaged in operations which may result in air pollution to file with them reports containing information as to (1) location and description of source; (2) rate, duration, and composition of pollutant emission; and (3) such other information as said Commissioners may require.

AUTHORIZATION OF APPROPRIATIONS

Sec. 7. Appropriations to carry out the purposes of this Act are hereby authorized.

REPEAL OF ACT OF AUGUST 15, 1935

Sec. 8. The Act approved August 15, 1935 (49 Stat. 653; D.C. Code, Title 6, Chapter 8) is hereby repealed.

The Commissioners fully recognize that the problems of air pollution in the District of Columbia are serious and that steps must be taken to abate the present unsatisfactory conditions. We offer our wholehearted support for this purpose and are in complete agreement with the objectives of H.R. 6981. At the same time, we must urge upon the Committee the need for authorizing the appropriation of the substantial funds that will be necssary to solve this grav problem, and for recognizing that technologically it is one of great magnitude. The Commissioners believe, however, that with the help of Congress, the District can do much toward achieving a solution of the problem. If H.R. 6981 were amended in the manner suggested in this report, the Commissioners would favor its enactment.

The Commissioners have been advised by the Bureau of the Budget that, from the standpoint of the Administration's program, there is no objection to the submission of this report to the Congress. M

Sincerely yours,

JOHN B. DUNCAN.

Acting President,

Board of Commissioners, D.C.

D.C. AIR POLLUTION CONTROL ACT, H.R, 6981 (GUDE)-H.R. 10017 (HORTON)

Purpose of bill

(Staff Memorandum-August 10, 1967)

The purpose of H.R. 6981 and H.R. 10017 is to provide for the prevention, abatement and control of air pollution in the District of Columbia and to preserve, protect, and promote the health, safety and welfare of animals, plant life, property and humans.

Commissioners (Sec. 5)

The legislation is designed to allow the D.C. Commissioners to set up an agency (under the public health department), which shall have the exclusive power to do anything that is necessary in carrying out the purpose of the bill, including inspections at reasonable times.

Prohibited Air Contaminants (Sec. 9)

Certain emissions in the atmosphere are prohibited:

1. any output darker in shade #1 on Ringleman smoke chart

2. those of such opacity to obscure view to a degree greater than smoke designated #1 on Ringlemann smoke chart

3. visible emissions to ground level if they go past lot line of property

4. output in excess of 60/100 pounds of BTU's and exceeding 65/100 pounds per 1,000 pounds of flue gas, adjusted to 12% carbon dioxide (charts are included to explain such output requirements)

5. stock emission tests shall be set up as in Los Angeles county testing manual however the D.C. Commissioners may modify such

6. any emissions of gases, vapors, or orders which interferes with enjoyment of life, and property is prohibited

7. any use of fuels with sulfur content which exceeds 1 percent by weight 8. open burning is prohibited

Permits (Sec. 7 and 10)

The bill allows certain open burning by permit and provides that certain fires, such as for cooking, need not have a permit.

Autos (Sec. 11)

After 7/1 70 no vehicle shall be operated in D.C. for over 30 days if it is not equipped with an exhaust control device.

TESTIMONY OF HON. GILBERT GUDE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MARYLAND

Mr. GUDE. Thank you very much, Mr. Multer.

We certainly appreciate the opportunity to appear and testify on this legislation. It is very interesting that the hearing that was originally scheduled for this bill happened to fall on the day on which we were called to the White House to discuss the possibilities of reorganization; and as a result it was canceled at that time and now the hearing today falls on the day after that plan, Reorganization Plan No. 3, was adopted.

Accordingly, all these bills will require amendments to bring them into conformance with the reorganization plan and I will make comments along that line as we proceed.