January 31, 1967
Page 1996
AMENDMENT OF CLEAN AIR ACT
Mr. MUSKIE. Mr. President, on behalf of myself and Senators RANDOLPH, MOSS, MORSE, and YARBOROUGH, I introduce, for appropriate reference, legislation to implement the proposals made on air pollution yesterday in the Presidential message entitled "Protecting Our Natural Heritage." I ask unanimous consent that this bill remain at the desk for 3 additional days in order that other Members of the Senate may join as cosponsors.
This legislation is broad in scope and constitutes a major commitment to abate and preserve the quality of our air environment. The Subcommittee on Air and Water Pollution will give the legislation early and comprehensive scrutiny. Extensive hearings will be held on this matter beginning February 8 when the subcommittee will hear Secretary of Health, Education, and Welfare John W. Gardner and the President's science adviser, Mr. Donald F. Hornig. At that time the subcommittee will also hear representatives of the Environmental Science Service Administration and the National Center for Air Pollution in order to obtain technical information regarding the relationship of weather and air pollution.
Public hearings to hear all those from the public and private sector will be announced at an early date.
Mr. President, I ask unanimous consent that the text of this proposed legislation be printed in the RECORD at this point.
The PRESIDING OFFICER. The bill will be received and appropriately referred; and, without objection, the bill will be printed in the RECORD, and held at the desk, as requested by the Senator from Maine.
The bill (S. 780) to amend the Clean Air Act to improve and expand the authority to conduct or assist research relating to air pollutants, to assist in the establishment of regional air quality commissions, to authorize establishment of standards applicable to emissions from establishments engaged in certain types of industry, to assist in establishment and maintenance of State programs for annual inspections of automobile emission control devices, and for other purposes, introduced by Mr. MUSKIE (for himself and other Senators), was received, read twice by its title, referred to the Committee on Public Works, and ordered to be printed in the RECORD, as follows,
S. 780
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Air Quality Act of 1967".
RESEARCH RELATING TO FUELS AND VEHICLES
SEC, 2. (a) So much of subsection (a) of Section 103 of the Clean Air Act (42 U.S.C. 1657b (a)) as follows paragraph (3) is amended to read as follows:
"(4) conduct and accelerate research programs directed toward development of improved, low-cost techniques for control of combustion by-products of fuels, for removal of potential pollutants from fuels, and for control of emissions from evaporation of fuels;
"(5) provide for Federal payments to public or private agencies, institutions, or persons of part or all of the cost of acquiring, constructing, or otherwise securing devices, methods, or other means of preventing or controlling discharges into the air of various types of pollutants."
(b) Section 102 (b) of such Act is amended to read as follows:
"(b) The Secretary shall cooperate with and encourage cooperative activities by all Federal departments and agencies having functions relating to the prevention and control of air pollution, and shall, to the maximum extent practicable, utilize the services, facilities, and resources of other Federal agencies in carrying out his responsibilities under this Act."
REGISTRATION OF FUEL ADDITIVES
SEC. 3. Section 103 of the Clean Air Act f further amended by adding at the end thereof the following new subsection:
"(f) (1) The Secretary may by regulation designate any fuel or fuels, or any classes of uses thereof, and, after such date as may be prescribed by him, no manufacturer or processor of any fuel may deliver any such fuel for introduction into interstate commerce or to another person who, it can reasonably be expected, will deliver such fuel for such introduction unless any additive contained in such fuel has been registered with the Secretary.
"(2) Upon filing of an application, containing or accompanied by such information as to the characteristics and composition of any additive for any fuel as the Secretary finds necessary, and including assurances that such additional information as the Secretary may reasonably require will upon request be provided, the Secretary shall register such additive.
"(3) The Secretary shall make such provision, with respect to any additive, or any class or use thereof, or any information furnished in connection therewith, as in his judgment is necessary to protect any trade secret or is necessary in the interest of national security.
"(4) Any person who violates paragraph (1) shall forfeit and pay to the United States a civil penalty of $1,000 for each and every day of the continuance of such violation, which shall accrue to the United States and be recovered in a civil suit in the name of the United States, brought in the district where such person has his principal office or in any district in which he does business. The Secretary may, upon application therefor, remit or mitigate any forfeiture provided for in this subsection, and he: shall have authority to determine the facts upon all such applications.
"(5) It shall be the duty of the various United States Attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of such forfeitures."
STATE MOTOR VEHICLE POLLUTION CONTROL INSPECTION PROGRAMS
SEC. 4. Title II of the Clean Air Act (42 U.S.C. 1857, et seq.) is amended by redesignating section 208 as section 209 and by inserting after section 207 the following new Section:
"ASSISTANCE FOR STATE INSPECTION PROGRAMS "
SEC. 208. (a) The Secretary of Transportation is authorized to impose, as a condition to approval under 23 U.S.C. section 402 of the highway safety program of any State, a requirement that such program include, as part of vehicle inspection thereunder, procedures to assure the adequacy of performance of systems or devices in motor vehicles for control of emissions from them.
"(b) In establishing standards to be applicable in carrying out subsection (a), the Secretary of Transportation shall be subject to pollution emission standards established by the Secretary of Health, Education, and Welfare with respect to model years after 1987 and such earlier model years as the Secretary of Health, Education, and Welfare may prescribe; shall require that State vehicle inspection agencies consult from time to time with the air pollution control agencies in the States as to the administration of their respective inspection programs; and shall require that such State vehicle inspection agencies make such reports in such form and containing such information as he, after consultation with the Secretary of Health, Education, and Welfare, may from time to time reasonably require."
INDUSTRIAL EMISSION STANDARDS
SEC. 5. Title I of the Clean Air Act is further amended by redesignating section 107s (42 U.S.C. 1857f) as section 109 and by Inserting after section 108 the following new section:
"EMISSION STANDARDS FOR CERTAIN INDUSTRIES
"SEC. 107. (a) The Secretary shall from time to time by regulation, giving appropriate consideration to technological and economic feasibility, establish emission standards for all or designated emissions which (1) are from designated industries which, because of their nature, are sources of substantial amounts of pollutants and (2) can, with reasonable efforts and expenditures, be prevented or substantially reduced. Such standards may be established only after reasonable notice and opportunity for interested parties to present their views. Any regulations hereunder, and amendments thereof, shall become effective on a date specified therein, which date shall be determined by the Secretary after consideration of the period reasonably necessary for industry compliance. The Secretary may exempt any industry or establishment, or any class thereof, from this section upon such terms and conditions as he may find necessary to protect the public health or welfare, for the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security.
"(b) (1) If the governor of a State or a State air pollution control agency files, prior to the effective date of standards under subsection (a), a certification that it has adopted, or a letter of intent that such State will before the close of the sixth calendar month which begins after such effective date adopt, (A) emission standards applicable in the State to the emissions and industries specified by the Secretary, which standards he determines are substantially equivalent to or more stringent than the standards prescribed by the Secretary pursuant to subsection (a), and (B) a plan for the enforcement of the standards so adopted, and if such standards and plan are established in accordance with the letter of intent, the standards prescribed pursuant to subsection (a) shall thereafter not be applicable to such emissions and industries in such State.
"(2) If, at any time after standards prescribed under subsection (a) become applicable in a State, a State adopts standards and a plan for enforcement which meet the requirements of paragraph (1) of this subsection, such standards shall become applicable, instead of standards prescribed under subsection (a), in such State until the Secretary again makes the determination referred to in paragraph (3) with respect to such State.
"(3) (A) If a State does not file a letter of intent as provided in paragraph (1) or does not, within six months after the effective date of the standards with respect to which it was filed, establish standards in accordance with such letter which meet the requirements of clause (A) of paragraph (1), or if, on the basis of evidence furnished to him or secured by him, the Secretary determines either that the standards so established have been changed so that they no longer meet the requirements of such clause (A) or that there is a substantial failure to enforce them adequately, the standards prescribed pursuant to subsection (a) shall apply within such State to any factory, warehouse, office, or other business or service establishment in such industry which introduces or delivers for introduction into or receives in interstate commerce any materials.
"(B) If the Secretary, after reasonable notice and opportunity for a hearing, determines that any such establishment is violating such standards, he shall issue an order requiring the establishment to cease and desist from continued violation of such standards within such time as may be specified in the order, but in no event less than sixty days from the date of receipt of such notice.
"(4) (A) Any person required by an order of the Secretary to cease and desist from violation of any such standards may obtain judicial review of such order by filing a petition for review, within sixty days after service of such order, in the United States court of appeals either for the circuit in which such person resides or has his principal place of business or for any circuit in which the violation is found to have occurred, or in the United States Court of Appeals for the District of Columbia circuit. A copy of the petition shall forthwith be transmitted by the clerk of the court to the Secretary or to any officer designated by him for that purpose and to the Attorney General, and thereupon the Secretary shall certify and file in the court through the Attorney General the record of the proceedings upon which the order is based, as provided in section 2112 of title 28, United States Code.
"(B) Upon the filing of such petition, such court shall have jurisdiction of the proceeding (which jurisdiction shall upon the filing of the record be exclusive) and shall have power to affirm the order of the Secretary, or to set it aside in whole or in part, temporarily or permanently. and to enforce such order to the extent that it is affirmed, and to issue such orders pendente lite as in its judgment are necessary to prevent injury to the public. The commencement of proceedings under this paragraph shall not, unless specifically ordered by the court, operate as a stay of the Secretary's order.
"(C) No objection to the order of the Secretary shall be considered by the court unless such objection was urged before the Secretary or unless there were reasonable grounds for failure so to do. The findings of the Secretary as to the facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary for the taking of additional evidence in such manner and upon such terms and conditions as the court may deem proper, in which event the Secretary may make new or modified findings and shall file such findings (which, if supported by substantial evidence on the record considered as a whole, shall be conclusive) and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.
"(D) The judgment of the court affirming or setting aside, in whole or in part, any order under this subsection shall be final, subject to review by the Supreme Court, of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.
"(E) (i) Any person who fails to file with the Secretary, in conformity with regulations issued under this subsection, any report, or who violates a cease and desist order of the Secretary aftei it has become final and while such order is in effect, shall forfeit and pay to the United States a civil penalty of $1,000 for each violation, which shall accrue to the United States and may be recovered in a civil suit in the name of the United States brought in the district where such person has his principal office or in any district in which he does business. Each separate violation of such an order or failure to file such a report shall be a separate offense, except that in the case of a violation through continuing failure to obey a final order of the Secretary each day of continuance of such failure shall be deemed a separate offense. The Secretary may, upon application therefor, remit or mitigate any forfeiture provided for in this subparagraph, and he shall have authority to determine the facts upon all such applications.
"(ii) It shall be the duty of the various United States Attorneys, under the direction of the Attorney General of the United States, to persecute for the recovery of such forfeitures.
"(F) (i) For the purposes of this subsection, the Secretary shall have the power to require by subpoena the attendance and testimony of witnesses, and the production of all books, papers, and documents relating to any matter which is the subject of a hearing authorized by this section. Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in courts of the United States.
"(ii) The attendance of witnesses, and the production of books, papers, and documents, may be required from any place in the United States at any designated place of hearing. In case of disobedience to a subpoena, the Secretary or any party to a proceeding before the Secretary may invoke the aid of any court of the United States in requiring attendance and testimony of witnesses and the production of such books, papers, and documents under the provisions of this section.
"(iii) Any court of the United States within the jurisdiction of which an inquiry under this subsection is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, issue an order requiring such person to appear before the Secretary (and produce books, papers, or documents if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
"(G) For purposes of enforcement of this section, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse, office, or other business or service establishment with respect to which there is reasonable ground to believe that it is causing, permitting, or otherwise responsible for discharges into air within the purview of this subsection, or that it is engaging in any act or practice which threatens a discharge in violation of any regulation under this section, and (1i) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, office, or other establishment and all pertinent equipment, finished and unfinished materials, containers, and labeling therein, and all other things therein (including records, files, papers, and processes, controls, and facilities) bearing on such discharges or on such act or practice. A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness.
"(H) The Secretary may upon request review and approve (subject to such conditions as the Secretary deems appropriate) facilities or devices, or designs therefor, for preventing discharges into the air in violation of this subsection."
REGIONAL AIR QUALITY COMMISSIONS
SEC. 6. Title I of the Clean Air Act is further amended by adding after section 107 (added by section 5 of this Act) the following new section:
"REGIONAL AIR QUALITY COMMISSIONS
"SEC. 108. (a) (1) Whenever so requested by the Governors of two or more contiguous States who allege that existing or threatened pollution of the air in any State or States is endangering, or is likely to endanger, the health or welfare of persons in one or more other States, the Secretary may, if he determines (A) that there does not exist an adequate air pollution control program or programs to control, abate, and prevent such pollution, and (B) that action under this section is necessary to protect the health or welfare of persons in the area, establish, after consultation with the States affected, an air quality region which shall encompass the area or areas involved in each of such States and any other areas which in his judgment have such characteristics as to warrant treatment as a unit for air pollution control purposes.
"(2) The Secretary may, after consultation with State officials of all affected States, also establish such an area whenever on the basis of reports, surveys, or studies he has reason to believe that such action is necessary to protect the health or welfare of persons therein.
"(b) Upon establishment of such an area the Secretary shall appoint a Regional Air Quality Commission consisting of an officer or employee of the Department of Health, Education, and Welfare, who shall serve as chairman, and, if the Secretary determines it to be appropriate, of another officer or employee of the Department or, with the consent of the head thereof, of any other Federal department or agency, and of two residents of each of the States any part of which is included in the air quality region. The appointments from each State shall be made only after consultation with the Governor of the State. A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. A majority of the members of a Commission shall constitute a quorum for the transaction of business. Appointees from any State shall serve, and the Commission shall exist, for such time as may be determined by the Secretary to be necessary or appropriate for purposes of this Act.
" (c) (1) The Secretary shall, within available funds, provide such staff for such Commission as may be necessary to enable it to carry out its functions effectively, and shall pay the other expenses of the Commission.
"(2) The Secretary may also accept for use by such Commission funds, property, or services contributed by the States involved or political subdivisions thereof.
"(d) Each appointee from a State, other than an official or employee thereof or of any political subdivision thereof, shall, while engaged in work of the Commission, receive compensation at a rate fixed by the Secretary, but not in excess of $100 per diem, including travel time, and, while away from his home or regular place of business he may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5 3109) for persons in the Government service employed intermittently.
"(e) A Commission appointed under this section shall, as soon as practicable, after reasonable notice and opportunity for interested parties to present their views, establish air quality standards for its air quality region, taking into consideration the various relevant aspects thereof, such as the concentration of industry, other commercial establishments, and population and the technological and economic feasibility of achieving such quality, as well as standards for pollutant emissions in order to achieve or preserve such air quality. Such air quality standards and emission standards shall be no less stringent than such standards prescribed or recommended by the Secretary under other sections of this Act and such standards of the Commission shall apply in its air quality region in lieu of State or Federal standards insofar as they are inconsistent with such standards of the Commission. The Secretary may, after reasonable notice and opportunity for interested parties to present their views, modify the standards of a Commission, and may exempt any industry or establishment, or any class thereof, from standards of a Commission upon such terms and conditions as he may determine, to the extent he finds such action necessary to protect the public health or welfare, for the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security.
"(f) Any such Commission shall prepare a system of alerts to avert situations in which there may be imminent and serious danger to the public health or welfare from air pollutants. The Commission shall notify the Governors of the States involved of any such situation or potential situation and of recommended actions by the States, political subdivisions thereof, and businesses and residents therein.
"(g) (1) If the Secretary, after reasonable notice and opportunity for a hearing, determines that any person in an air quality region is violating standards of the Regional Air Quality Commission for such region, he shall, subject to such limitations as the Secretary may prescribe, issue an order requiring such person to cease and desist from continued violation of such standards within such time as may be specified in the order, but in no event less than 60 days from the date of receipt of such notice.
"(2) Any person required by such an order of the Secretary to cease and desist from violation of any such standards may obtain judicial review of such order by filing a petition for review, within 60 days after service of such order, in the United States court of appeals either for the circuit in which such person resides or has his principal place of business or for any circuit in which the violation is found to have occurred, or in the United States Court of Appeals for the District of Columbia circuit. A copy of the petition shall forthwith be transmitted by the clerk of the court to the Secretary or to any officer designated by him for that purpose and to the Attorney General, and thereupon the Secretary shall certify and file in the court through the Attorney General the record of the proceedings upon which the order is based, as provided in section 2112 of title 28, United States Code.
"(B) Upon the filing of such petition, such court shall have jurisdiction of the proceeding (which jurisdiction shall upon the filing of the record be exclusive) and shall have power to affirm the order of the Secretary, or to set it aside in whole or in part, temporarily or permanently, and to enforce such order to the extent that it is affirmed, and to issue such orders pendente lite as in its judgment are necessary to prevent injury to the public. The commencement of proceedings under this paragraph shall not, unless specifically ordered by the court, operate as a stay of the Secretary's order.
"(C) No objection to the order of the Secretary shall be considered by the court unless such objection was urged before the Secretary or unless there were reasonable grounds for failure so to do. The findings of the Secretary as to the facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary for the taking of additional evidence in such manner and upon such terms and conditions as the court may deem proper, in which event the Secretary may make new or modified findings and shall file such findings (which, if supported by substantial evidence on the record considered as a whole, shall be conclusive) and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.
"(D) The judgment of the court affirming or setting aside, in whole or in part, any order under this subsection shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.
"(E) (i) Any person who violates a cease and desist order after it has become final and while such order is in effect, shall forfeit and pay to the United States a civil penalty of $1,000 for each violation, which shall accrue to the United States and may be recovered in a civil suit in the name of the United States brought in the district where such person has his principal office or in any district in which he does business. Each separate violation of such an order shall be a separate offense, except that in the case of a violation through continuing failure to obey a final order of the Secretary each day of continuance of such failure shall be deemed a separate offense. The Secretary may, upon application therefor, remit or mitigate any forfeiture provided for in this subparagraph, and it shall have authority to determine the facts upon all such applications.
"(ii) It shall be the duty of the various United States Attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of such forfeitures.
"(F) (i) For the purposes of this subsection, the Secretary shall have the power to require by subpoena the attendance and testimony of witnesses, and the production of all books, papers, and documents relating to any matter which is the subject of a hearing authorized by this section. Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in courts of the United States.
"(ii) The attendance of witnesses, and the production of books, papers, and documents, may be required from any place in the United States at any designated place of hearing. In case of disobedience to a subpoena, the Secretary or any party to a proceeding before the Secretary may invoke the aid of any court of the United States in requiring attendance and testimony of witnesses and the production of such books, papers, and documents under the provisions of this section.
"(iii) Any court of the United States within the jurisdiction of which an inquiry under this subsection is tarred on may, in case of contumacy or refusal to obey a subpoena issued to any person, issue an order requiring such person to appear before the Secretary (and produce books, papers, or documents if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
"(G) For purposes of enforcement of this section, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (i) to enter, at reasonable times, any factory, warehouse, office, or other business or service establishment with respect to which there is reasonable ground to believe that it is causing, permitting, or otherwise responsible for discharges into air within the purview of this subsection, or that. it is engaging in any act or practice which threatens a discharge in violation of any regulation under this section, and (ii) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, office, or other establishment, and all pertinent equipment, finished and unfinished materials, containers, and labeling therein, and all other things therein (including records, files, papers, and processes, controls, and facilities) bearing on such discharges or on such act or practice. A separate notice shall be given for each such Inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness.
"(h) Nothing in this section shall be construed as superseding or limiting the authority and responsibility of the Secretary under any other provisions of this or any Other law."
APPROPRIATIONS
Sec. 7. Section 306 of the Clean Air Act is amended by inserting, ", other than section 103(d)," after "this Act". Such section is further amended by striking out "$66,000,000 for the fiscal year ending June 30, 1968, and $74,000,000 for the fiscal year ending June 30, 1969" and inserting in lieu thereof "$84,000,000 for the fiscal year ending June 30, 1968, and such sums as may be necessary for the next 4 fiscal years."