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I will place in the record some startling photographs that have been presented to the subcommittee. They depict the very serious situation that confronted Boston during the soot fall that occurred in May 1960. No doubt some of the witnesses will refer to them, so I wish to have them when they can be viewed by the public that reads this record as well as those who are present.

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The first witness scheduled this morning is the Governor of Massachusetts who is not here yet and who will be here later this morning as I understand it. If I may then turn to the second witness on our witness list this morning, the commissioner of public health of the Commonwealth of Massachusetts, Dr. Alfred L. Frechette.

Dr. Frechette, I note that you have a prepared statement. delighted to welcome you here this morning, and you may present your prepared statement in any way that you would like.

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STATEMENT OF ALFRED L. FRECHETTE, M.D., M.P.H., COMMISSIONER, MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH Dr. FRECHETTE. I think I shall read it, Senator. I am Alfred L. Frechette, commissioner of public health for the Commonwealth of Massachusetts, and as commissioner I am appreciative of the contributions to air pollution control made by this committee, which include publication of the report "A Study of Pollution-Air" and also a very substantial impetus to the passage of the Clean Air Act. These activities deserve special acknowledgement. We also appreciate this opportunity to acquaint you with our activities in the control of air pollution.

As a preface to my remarks relative to air pollution control in the Commonwealth, I wish to say a few words about our governmental structure. We have in this State no unincorporated areas, as the entire land area is subdivided into 351 cities and towns; villages, boroughs, and townships do not exist as political subdivisions. Health functions are administered by the municipal boards of health through specific grants of the police power of the Commonwealth. The 14 counties do not generally exercise health functions. The State department of public health is charged with aiding and assisting the municipalities in the exercise of their health functions but is also empowered to act directly. There is also, in the metropolitan complex of Boston and vicinity, an area known as the metropolitan air pollution control district, within which the department has a primary responsibility for air pollution control, although local boards of health also have some authority to act.

Massachusetts has at the present time an entirely adequate statutory setup with respect to air pollution control. These laws empower local boards of health to adopt and enforce suitable rules and regulations when approved by this department. The department is charged with the responsibility for advising and assisting municipalities in air pollution matters and empowered to act when required to intramunicipal and intermunicipal problems. It may also adopt or amend statewide regulations to prevent pollution or contamination of the atmosphere. Authority to regulate and control dumps rests initially with the local boards of health, but, on review, with the department. In the absence of air pollution control rules and regulations, the local board of health may, of course, utilize common-law type provisions regarding nuisances. The formation of air pollution control districts by two or more contiguous municipalities, to be administered in a manner similar to the metropolitan air pollution control district, is also provided for. Finally, we have the statute establishing the metropolitan air pollution control district, authorizing the department to administer its affairs and to control atmospheric pollution therein by means of appropriate rules and regulations.

The CHAIRMAN. Dr. Frechette, may I ask you whether your statement gets into the details of the statutory authority which now exists? Dr. FRECHETTE. Yes; I do elaborate on the district itself, although I don't cite the law.

The CHAIRMAN. Well, I wasn't thinking so much of the metropolitan air pollution control districts at the moment, as I was the authority that all municipalities have and to which your statement refers. You said: "These laws empower local boards of health to adopt and enforce suitable rules and regulations when approved by this department." And I wondered if you do not cover that in detail later, whether I might ask you a few questions now?

Dr. FRECHETTE. Certainly, sir.

The CHAIRMAN. Under these laws and regulations can local boards of health act in the absence of some demonstration that there is an air pollution situation which adversely affects health?

Dr. FRECHETTE. These boards act usually on the basis of nuisance control. Now, if they could show-I mean, and some of the boards do have the technical facilities-if they could show there was an adverse health effect, they could act on that basis.

The CHAIRMAN. But only that?

Dr. FRECHETTE. Only that; otherwise, as a common nuisance.

The CHAIRMAN. So the local boards really do not have authority to act until the problem has actually come into being?

Dr. FRECHETTE. That is right, sir.

The CHAIRMAN. They cannot take preventive steps?

Dr. FRECHETTE. That is right.

The CHAIRMAN. So even though they knew there were air pollution sources left uncontrolled, which would ultimately develop a health menace, they can't act to prevent it at inception?

Dr. FRECHETTE. That is right, this is the basic difference of the boards outside of the district. The district authority, the metropolitan air pollution district which we operate does have authority to take preventive measures and get things to minimize the air pollution.

The CHAIRMAN. With respect to outside of the metropolitan air pollution district, you don't have the statutory authority at the present time?

Dr. FRECHETTE. That is right, sir; there is authority to set up the new district by two contiguous communities, but none has set it up. The law setting up original districts also provides other communities may use the same arrangements if they wish, but none have done so at the present time.

The CHAIRMAN. Do they do it by contractual arrangements, do they?

Dr. FRECHETTE. I believe, yes, if they agree and they have to be contiguous. They can come within the provisions of the law, and the law becomes effective.

The CHAIRMAN. Would those districts have authority to take preventive steps?

Dr. FRECHETTE. Yes, the same authority the metropolitan district has.

The CHAIRMAN. The metropolitan districts, you are going to get into detail now?

Dr. FRECHETTE. That is right.

The CHAIRMAN. Won't you proceed now, Doctor?

Dr. FRECHETTE. As regards statewide effort in air pollution control our major efforts are directed toward providing assistance of a technical nature to municipalities in the solution of, primarily, local nuisance problems; we have made surveys of atmospheric pollution in several communities, notably Springfield and Worcester. We have operated, and cooperated in the operation of, air monitoring networks for the purpose of providing basic information about air quality and to obtain, if possible, data for comparative purposes. To this end the department has worked with the U.S. Public Health Service, through the maintenance and calibration of equipment, in the operation of the national air sampling network. At one time, 13 stations were operating in Massachusetts; at the present time only Springfield, Worcester, and Boston remain in operation. Included in the Boston site is a gas sampling station. For several years the department (using its own equipment, supplies, and laboratory services) operated the national air sampling network stations on the "off year" cycle.

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Additionally, the department has operated a radiological sampling network in the Boston area. Considerable basic data on particulate radioactivity was developed through this and the U.S. Public Health Service Radiation Surveillance Network Station at Lawrence. time to time more extensive air sampling has been performed at a Boston station, and last November and December we were most fortunate in having available the services of the U.S. Public Health Service Mobile Air Sampling Laboratory, which was located and operated on the Boston Common.

The department maintains a continuing effort to reduce or eliminate atmospheric pollution from solid waste disposal throughout the Commonwealth. Outside of the metropolitan area these efforts are conducted under the authority of section 150A, chapter 111. In general, our aim is to encourage closing of open dumps and replacement of them with sanitary landfill operations, incinerators, or other acceptable means of disposal.

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