8. Smoke

8-1. Emission of dense smoke and harmful substances prohibited.—Except only to the extent and for the periods expressly provided for herein, no person shall cause or permit to escape into the atmosphere such quantities of smoke, soot, cinders, fly ash, mist, dust, radiations, fumes, gases, or vapors in such place or manner as to cause injury to any person or to the public generally, or to endanger the safety or property of any person or persons. The same is also declared to be a nuisance, and made subject to abatement by order of the chief building inspector.

82. Measurement.--Emission of smoke or harmful substances of a density in excess of 20 percent or equivalent to No. 1 of the Ringelman Smoke Chart within the city by any means is hereby prohibited, declared a nuisance, and made subject to the penalties of the code; however, smoke of a density exceeding No. 1 of the Ringelman Smoke Chart for a period of 2 minutes in any period of 30 minutes shall be permitted. Special permission shall be obtained from the chief building inspector when longer periods of dense smoke emission are to result from cleaning fire boxes and from starting new fires. 9. Ashes

9-1. Storage.--Ashes shall be stored in an incombustible container. The owner of every building and/or the agent in charge of same shall furnish containers for ashes.

9_2. Removal.The owner or agent shall cause ashes to be removed from an incinerator before the space in the incinerator, provided for ashes below the grate, has filled to such degree that air pollution in violation of this article results.

(Ordinance No. 29, Series of 1961.)




Chicago, I. The subcommittee met, pursuant to notice, at 10 a.m. in the city council chambers, city hall, Senator Edmund S. Muskie, Maine (chairman of the subcommittee) presiding.

Present: Senator Muskie and Senator Birch Bayh, Indiana.
Senator MUSKIE. The hearing will be in order.

It is a pleasure to be here in the Chicago area, one of the great industrial and commercial centers of the modern world. At this period of history, when our vast urban-suburban complexes have achieved unprecedented levels of production and consumption and unprecedented problems of environmental pollution, even the famed breezes of the Windy City cannot be counted on to remove the burden of contaminants we ask our atmosphere to sustain---the same atmosphere which must sustain life by providing its first requirement-air to breathe. Neither Chicago nor any other city enjoys such benevolent winds that the hazard of air pollution can be blown away. The control and abatement of air pollution requires serious study, serious planning, and serious effort on the part of its citizens.

It is doubtful that any wind can be considered truly benevolent insofar as air pollution is concerned. In Los Angeles, the metropolitan area visited first this week, we learned that on occasion the wind will blow pollutant-laden masses of air out to sea and then move them back over the city again. In Denver, the second city on our itinerary, we learned that under certain meteorological conditions a similar phenomenon occurs—the contaminant-laden air mass moves miles away from the city and is then moved back again where, as in Los Angeles, it is added to the contaminants which stream into the atmosphere 24 hours a day. These are ill winds that blow no one good.

We cannot expect nature's winds to take care of concentrations of air pollution for which man, not nature, is responsible. Last year in Washington when Mayor Daley testified at our subcommittee hearings on air pollution we were gratified to learn that the people of Chicago have recognized this important truism. This city, which was one of the first to take action against the old smoke pollution problem, has in recent years begun a new attack on the more complex air pollution problem of today which threatens thousands of communities throughout the Nation.

in scope.

The importance of such timely action by local, regional, and State goverments cannot be overemphasized. The Clean Air Act, like the Federal legislation which preceded it, was developed on the premise that those nearest the problem should shoulder the primary responsibility for its solution. Unlike previous legislation in this field, however, the Clean Air Act enables the Federal Government to provide more fully the assistance that local and State governments need and deserve to cope with an environmental hazard that is truly national

The Clean Air Act was drafted after extensive hearings in Washington, held before this subcommittee and before a similar subcommittee of the House of Representatives. Its passage by unanimous vote in the Senate, by an overwhelming majority in the House, and with strong support from the administration, is the most concrete proof anyone could need that the Federal Government is convinced that air pollution is a hazard to the people of this entire Nation. This act expands the research and assistance programs the Department of Health, Education, and Welfare has conducted for the last 8 years. But it does not stop there. It authorizes the Department, for the first time, to grant Federal funds to help local, State, and regional air pollution control agencies initiate, expand, or improve their programs.

This provision of the act brings us one step closer toward that cooperative approach to air pollution control among all levels of government which has so long been endorsed in principle. Grants, however, cannot fully solve the problem for that very large segment of citizens who have no direct recourse under law when they are adversely affected by air pollution arising from another State. The citizens of Chicago have no representation in the governments responsible for controlling sources of pollution in Indiana, nor can the citizens of Indiana make a direct appeal to governmental officials in Illinois. And no jurisdiction controls the winds. The Clean Air Act provides a means of meeting this problem through procedures for Federal action in interstate areas in the event that local and State efforts do not succeed in protecting those citizens whose health and welfare are threatened. This provision, combined with the authority for Federal grants, will make it possible for the ideal of cooperation among all levels of government to become a reality.

The act singles out for special attention two of the major unsolved air pollution problems--both of strong concern to this area--motor vehicle exhaust and sulfurous air pollutants. The act directs the Secretary of the Department of Health, Education, and Welfare, to appoint a technical committee of representatives from the Department and from the automotive vehicle, exhaust control device, and fuels industries to evaluate progress in the development of methods of curtailing automotive exhaust emissions. The Secretary is required to present to Congress periodic reports on progress made. The act also directs the Secretary to initiate a program of research directed toward the development of improved, low-cost techniques for reducing the emission of sulfur compounds to the atmosphere from sources where sulfur-bearing fuels are burned for heat and power. The Chicago area, like all our urban areas, has a large automotive population. In addition, it is one of those urban areas where sulfur oxides from the domestic, municipal, and industrial use of sulfur-bearing fuels constitutes an important part of the air pollution problem.

Before the month of February is over, it is our intention to have examined at firsthand, local and State air pollution problems in a half dozen or more American cities whose problems are representative of those suffered by thousands of communities in every region and State of the country. Our purpose is to gather as much valid, on-thespot knowledge as possible about how the Clean Air Act can help lead to more effective control of air pollution.

I sincerely regret that the unforessable press of urgent business in Washington forced us to postpone the field inspection tour that we had planned to make in conjunction with these hearings. I am sorry to have inconvenienced witnesses and others who are assisting us here. We plan to return at a later date to participate in the air pollution inspection tours that we were forced to postpone.

During today's hearings, I am sure that we will acquire a great deal of useful information about the problems of this area and the progress being made toward their solution. What we learn will not only add to our knowledge of your problems, but will also be of value to cities and States facing similar problems throughout the country.

And now, before the hearings begin, a reminder that the city of Chicago will allow no unnecessary air pollution in this hearing room. Please refrain from smoking.

To conduct this hearing today, in addition to myself, we have a young man, an outstanding young Senator from your neighboring State of Indiana, who has been traveling with us from California. He has been a valued member of the committee and since Indiana's problem is part of Chicago's problem and vice versa, I think it is particularly appropriate that he should be here today.

Our first witness this morning: Mr. James V. Fitzpatrick, director, Chicago Department of Air Pollution Control.

Mr. Fitzpatrick, it is a pleasure to be here as your guest.



Mr. FITZPATRICK. Thank you, Mr. Chairman; Senator Bayh.

My name is James V. Fitzpatrick. I am director, Chicago Department of Air Pollution Control. Mayor Richard J. Daley, who is out of the city, has asked me to present his statement this morning. The mayor has asked me to express his extreme regret in not being able to present his statement personally.

Mr. Chairman and member of the committee, I will now read Mayor Daley's statement.

I appreciate this opportunity to appear before your committee today to describe the city of Chicago's goals in our air resource management program from 1964 to 1968.

Your committee is to be congratulated for its major contribution in bringing to passage the new Federal Clean Air Act, signed into law by President Johnson on December 17, 1963. It can be said that this measure represents the turning point toward effective action against the national problem of air pollution. This act and its implementation will be an important factor in Chicago's 5-year program.

In my statement before the Public Health and Safety Subcommittee of the House Committee on Interstate and Foreign Commerce in March of 1963, and my statement before your committee in September of 1963, where in both instances we represented the U.S. Conference of Mayors, the national implications of this problem of air pollution were fully recognized. Rather than spend the time before this legislative inquiry on facts and statements which were previously presented, we present the city of Chicago's activities and its goals for the future

Almost any record of smoke control in the United States begins with Chicago, the pioneer among cities recognizing this urban challenge. In 1874, a citizens association was organized to determine the legal aspects of smoke prevention. Research conducted by the association resulted in the Chicago City Council's adoption of a smoke ordinance with a penalty clause on April 18, 1881—the first in the United States. The ordinance declared the emission of dense smoke from other than private residences to be a nuisance.

In 1891, the Society for the Prevention of Smoke was organized. The purpose of this citizens' group was to give Chicago clean air for visitors to the World's Columbian Exposition held in 1893.

In 1907, a smoke abatement commission was appointed. Its study resulted in a new ordinance which created the original department of smoke inspection. In addition to limiting the emission of smoke, it established a permit system for construction or reconstruction of boiler plants. In 1917 the department of smoke inspection set up the first definitions regarding the use of high- and low-volatile coals. In 1938, the initial annual inspection of all major fuel and refuse burning equipment in Chicago was made, the first such program in the United States.

Upon being elected mayor in 1955 we recognized the need for a complete rewriting of the smoke abatement ordinance, which Chicago had been using for many years. A committee was appointed composed of civic, industrial, and governmental representatives to draft a comprehensive air pollution control ordinance for Chicago. The ordinance was adopted by the city council in December of 1958.

Chapter 17 of the Municipal Code of Chicago, relating to air pollution control, expanded the scope of the city department's activity from smoke prevention to control of gaseous and particulate emissions. A technical advisory board, an appeal board, and an air pollution control committee were established. Standards were created, establishing the emission limits of particulate matter, in addition to smoke.

Subsequent experience indicated that two amendments were necessary to the ordinance to implement long-range gains. The first banned the open burning of demolition debris after January 1, 1964; the second broadened the definition of smoke to include all visible gaseous emissions, rather than only those gases resulting from combustion.

In October 1962, the city of Chicago entered into a 5-year technical assistance program between its department of air pollution and the U.S. Public Health Service. The purpose of this project was to assist the city of Chicago in the planning and execution of an air resource management program. The project recognized that Chicago's program was no longer oriented toward smoke abatement. It fully recognized that an air resource management program necessitated an immediate and long-range program of broad development

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