Mr. RIHм. Yes, sir. You see, our law says that we should recognize varying requirements for different areas of the State andSenator MUSKIE. I understand that.

Mr. RIHM (continuing). Under this provision, why

Senator MUSKIE. I understand that. But you won't necessarily use all of these control measures?

Mr. RIHм. That is true.

Senator MUSKIE. But, if you decide that they are necessary, then you can enforce them?

Mr. RIHм. That's right, sir.

Senator MUSKIE. Could you actually put an industry out of business if it had no other way of controling its pollution?

Mr. RIHм. Well, I guess if this were called for, it would have to be done.

Senator MUSKIE. You have that kind of authority?

Mr. RIHM. Yes.

Senator MUSKIE. Do you have that kind of authority over New York City?

Mr. RIHM. Yes, sir.

Senator MUSKIE. It would supersede New York City's own authority dealing with the problem?

Mr. RIHM. The way our law reads is that any municipality can adopt more stringent regulations, but not more lenient regulations than the State.

Senator MUSKIE. Incidentally, I would like to have for the record a copy of the applicable laws and the regulations as you developed them up to this point. If they are not too long, we can print them in the record, or, otherwise, you can submit them.

Mr. RIHM. I have copies with me, sir. I would be glad to supply them.

Senator MUSKIE. Under the New York-New Jersey Cooperative Committee I am going to ask this one question now, and later on I will ask other questions-under the New York-New Jersey Cooperative Committee, from what I understand that you have said about it, it is largely operating on the basis of information exchange at the moment?

Mr. RIHм. It has up until now. Within the last year we have been discussing the initiation of a comprehensive study of air pollution in the New York metropolitan area. We have also been discussing an alert system for the metropolitan area.

We have, as this document which I have submitted indicates [indicating], come quite a long ways in designing a comprehensive study plan. We are in the phase of developing an alert plan for this New York metropolitan area.

Senator MUSKIE. So, you envision eventually an interstate operating program to control air pollution? Is this the objective of your interstate effort at the present time?

Mr. RIHм. Well, we have the objective of integrating operations in the metropolitan area, yes.

Senator MUSKIE. So that you will apply the same kinds of standards?

Mr. RIHм. That is correct, sir.

Senator MUSKIE. Do you think that you will actually develop an interstate compact?

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Mr. RIнм. Well, we do, of course, have the Interstate Sanitation Commission with certain powers, as Mayor Wagner brought out this morning, to ask for recommendations to the Governors of the States on air pollution problems.

They, at present, do not have enforcement powers under the compact. Senator MUSKIE. Let us go on to the next statement.

Mr. Kandle of the New Jersey Department of Health-you have a long statement. You can present it in any way that you would like. Mr. KANDLE. Thank you, sir. I have prepared a statement with attachments, including the law. I presume that they will go in the record.

New York City Under Smog. Photo taken by Fairchild Surveys.

Senator MUSKIE. Without objection there will be included in the record these pictures of the pollution problem in New York, and in the appendix we can include the New Jersey Law and Code.

Is the tentative proposal for a survey the same as the one that you have?

Mr. KANDLE. Yes, it is, sir.

Senator MUSKIE. Then we won't repeat it. We have it once. You may proceed, sir.

New York City Under Smog. Photo taken by Fairchild Surveys.

New York City Under Smog. Photo taken on October 20, 1963, by New York Journal American.

Mr. KANDLE. Very well, sir.

Thank you for the opportunity of testifying on the matter of air pollution control in New Jersey and the recently adopted Federal Clean Air Act.

Official State action to control air pollution in New Jersey was initiated in 1954 when the State legislature adopted chapter 212, Public Laws of New Jersey, commonly referred to as the New Jersey Air Pollution Control Act. The act was strengthened by amendments in 1962 (1).

Under its provisions, an air pollution control commission was appointed by the Governor in 1955 as an agency of the State department of health. The commission is vested with the authority to formulate and promulgate, amend and repeal codes, rules, and regulations controlling and prohibiting air pollution throughout the State or in such territories as shall be affected thereby. Interests of the public are protected by the requirement that a public hearing be held prior to the adoption, change, or repeal of any portion of the code.

The State department of health is responsible for enforcing any code, rule, or regulation promulgated by the commission. In the fulfillment of its responsibilities the Department is authorized to:

1. Conduct and supervise research programs for the purpose of determining the causes, effects, and hazards of air pollution. 2. Conduct and supervise statewide programs of education on air pollution.

3. Require the registration of persons engaged in operations which may result in air pollution.

4. Enter and inspect buildings or places, other than private residences.

5. Receive or initiate complaints, hold hearings, and institute legal proceedings.

6. Cooperate with and receive money from Federal Government, State government, county or municipal governments, and from private sources for the study and control of air pollution.

Since its inception in 1955, the commission has sought to control specific sources of air pollution by means of specific codes promulgated as chapters to the New Jersey Air Pollution Control Code (2).

The code now contains six chapters. Chapter I provides definitions, and chapter III stipulates that the code shall not supersede municipal ordinances which are not inconsistent with the State code. Chapter II prohibits open burning associated with refuse disposal and salvage operations. Chapter IV regulates the density of smoke. Chapter V controls air pollution caused by fly ash resulting from the combustion of solid fuel. Chapter VI provides a general prohibition of air pollution not covered by other code chapters. It does not set specific limits for emissions into the atmosphere, but does authorize the State department of health to institute action for control of air pollution for which a demonstrated harmful effect can be proven and the source established. Enforcement of these provisions of the code has resulted in a discernible abatement of air pollution in New Jersey. Before commenting on the specific information requested in your letter, it may be helpful to delineate the air pollution problem in New Jersey as we see it. This is important in order to understand the logic upon which the New Jersey program is based.

From the State or metropolitan point of view it is logical and necessary to subdivide air pollution sources into:

1. Point sources such as open burning, industrial processes, chemical manufacturing, or waste disposal operations as they affect the environment in the immediate surrounding neighborhood;

2. The gross air pollution load resulting from the above and mass emissions from many sources including motor vehicles, residential heating, and all other forms of fuel burning and generation of energy