MATERIAL SUBMITTED FOR THE RECORD-Continued Wan Ho John B., Acting President, Board of Commissioners. better dated July 14, 1967, to Chairman McMillan reporting on HR 6981, and suggested amendments... Tore Hoa, Walter N., President, Board of Commissioners, letter dated August 21, 1967, to Chairman McMillan as to interstate Dastries of Colombia Medical Society, Dr. Eloise W. Kailin, questionnaire survey of exemptoms and results of Downes Mr. Patricia, letter dated April 15, 1967, to Chairman McMillan. Kongman Park Civic Association, Robert Reid, president, letter dated June Lowrey, Mrs. Gladys F., letter dated April 14, 1967, to Chairman McMil- Maryland Department of Health, James B. Coulter, assistant commis- Corner Environmental Health Service, letter dated April 25, 1967, to Metropolitan Washington Council of Governments, Frederick A. Babson, president, letter dated August 24, 1967, to Chairman Multer, comment- Eliver Spring Woman's Club, Mrs. G. E. Murch, corresponding secretary, letter dated June 14, 1967, to Chairman McMillan... Stewart Petroleum Co., Richard L. Counts, president, and L. T. Via, sales Washington Evening Star, reprint of editorial of August 13, 1967, entitled Editorial No. 14, dated March 14, 1967, entitled "The Air We Editorial No. 17, dated July 2, 1967, entitled "The Air We Breathe' 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 TITLE 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. SEC. 3. For purposes of this Act DEFINITIONS (1) The term "air contaminant" means dust, fumes, gas, mist, smoke, vapor, odor. or particulate matter, or any combination thereof, present in the atmosphere. 1 (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 wastes 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 fire 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 information as to (1) location and description of source; (2) rate, duration, and 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. INSPECTIONS SEC. 8. The Commissioners or their authorized representative may enter and inspect any property, premise, or place at any reasonable time for the purpose of investigating or testing either an actual or suspected source of air pollution, or of ascertaining the state of compilance with this Act and regulations enforced pursuant thereto. No person shall refuse entry or access to the Commissioners or their authorized representative who requests entry for the aforementioned purposes, and who presents appropriate creditentials; nor shall any person obstruct, hamper, or interfere with any such inspection. EMISSIONS PROHIBITED SEC. 9. (a) (1) A person shall not discharge into the outdoor atmosphere from any single source of emission whatsoever any air contaminant which is (A) darker in shade than that designated as number 1 on the Ringelmann Smoke Chart or (B) of such opacity as to obscure an observer's view to a degree greater than does smoke designated as number 1 on the Ringelmann Smoke Chart, except that if a person can show to the satisfaction of the Commissioners that an emission of air contaminants contains less than ten one-hundredths pound of particulate matter per one thousand pounds of dry exhaust gas, adjusted to 12 per centum carbon dioxide (or 50 per centum excess air) for fuel-burning equipment or incinerators, such emission shall not be prohibited by this paragraph. (2) Visible emissions existing at ground level past the lot line of the property on which the source of the emissions is located are prohibited. (b) (1) No person shall cause, suffer, or allow to be emitted into the outdoor atmosphere from any fuel-burning equipment or premises, or to pass a convenient measuring point near the stack outlet, particulate matter in the flue gases to exceed sixty one-hundredths pound per one million British thermal units heat input for installations using less than ten million British thermal units per hour total input. In the case of installations using greater than ten million British thermal units per hour total input, the allowable particulate emission limitation shall be determined in accordance with the following graph: |