December 10, 1969
Page 38210
S. 3229 – INTRODUCTION OF AIR QUALITY IMPROVEMENT ACT
Mr. MUSKIE. Mr. President, on behalf of myself and Senators BAYH, EAGLETON, MONTOYA, RANDOLPH, and SPONG, I introduce legislation today which amends and extends the Clean Air Act. This bill is designed to increase our capacity to deal with the Nation's growing air pollution problem.
The bill is a response to the growing public pressure for a clean environment and a recognition that certain kinds of air pollution control activities will not or cannot be carried out without Federal intervention. The bill would provide authority: First, to carry out low-emission vehicle research; second, to extend and expand the authorizations of the Clean Air Act for research and demonstration; third, to require public hearings in connection with the adoption of any plan for the implementation of air quality standards and to require 30 days notice of any hearing on air quality standards; fourth, for the Secretary to promulgate national emission standards for new and used aircraft, vessels, and other vehicles capable of moving interstate commerce; fifth, for the Secretary to set emission standards for existing commercial vehicles; sixth, to require the assurance of compliance with national emission standards for a period beyond the initial sale of a motor vehicle, vessel, or aircraft, and so forth; seventh, to set standards for low-emission vehicles and to test and certify vehicles as to their compliance with those standards; eighth, to set national emission standards for certain organic solvents, paints, and other oxidants which, because they are manufactured and shipped in interstate commerce, cannot be effectively controlled at their point of use; ninth, to establish an Office of Noise Pollution Abatement and Control in the Department of Health, Education, and Welfare; and tenth, to authorize the Office of Noise Pollution Abatement and Control to conduct a study of the health and welfare ramifications of noise and to include recommendations for needed legislation in a report to Congress.
Mr. President, as I said at the beginning of my remarks, this legislation is an outgrowth of the growing public demand for a cleaner environment. The Subcommittee on Air and Water Pollution has learned that the technology does exist to control the great majority of air pollution sources. In those few cases where control technology has not yet been developed, the stimulus of legal sanctions should hasten that development.
I ask unanimous consent that a summary of the major provisions of this legislation and the text of the bill be printed in the RECORD at the end of my remarks.
The PRESIDING OFFICER. The bill will be received and appropriately referred; and, without objection, the bill and summary will be printed in the RECORD, as requested by the Senator from Maine.
The bill (S. 3229) to amend the Clean Air Act in order to extend the authorizations for such act, to extend the provisions of title II relating to emission standards to vessels, aircraft, and certain additional vehicles, and for other purposes, and to provide for a study of noise and its effects, 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.
(See exhibits 1 and 2.)
Mr. MUSKIE. Mr. President, one area of growing concern to the public is the smoke from jet aircraft engines, and I would like to take this opportunity to discuss that problem in light of the recommendations of this legislation.
One of the most important features of this legislation is the authorization that the Secretary of Health, Education, and Welfare may impose emission controls for jet aircraft.
In the context of my discussion of this provision, I would like to call my colleagues' attention to recent statements of the Secretary of Transportation and the Administrator of the Federal Aviation Administration, Mr. John H. Shaffer.
On December 3 Secretary of Transportation John A. Volpe announced that "The Federal Aviation Administration of the Department of Transportation is planning action to control the emission of smoke from aircraft engines in flight." The "proposed rulemaking" was expected "in the near future."
Less than a month before Secretary Volpe's announcement the House of Representatives rejected an attempt to give the Federal Aviation Administration the authority to regulate jet aircraft emissions. That action came after the Honorable HARLEY STAGGERS, chairman of the House Interstate and Foreign Commerce Committee, stated:
I feel that we should, in an orderly fashion, carry on the laws of the Congress and we ought to keep health matters in the health field and safety matters in the safety field.
Representative STAGGERS, arguing for retaining air pollution control jurisdiction in the Department of Health, Education, and Welfare, emphasized the importance of preserving the distinction between those agencies which promote an activity and agencies which are concerned with the environmental effects of that activity.
There is good reason not to give the Federal Aviation Administration primary responsibility for air pollution control or for any other area of environmental protection in view of the recent remarks of the Administrator of the Federal Aviation Administration. In a press release which announced the FAA's intention to regulate aircraft emissions Mr. Shaffer is quoted as stating that, "pollution is one environmental problem that's not as bad as it is obvious.”
Mr. President, that kind of an attitude is as dangerous as it is mistaken. Even in the early days of our legislative activity in this area no one suggested that the problem was merely one of visibility.
Mr. Shaffer also justified his lack of concern by nothing that only 1 percent of the Nation's air pollution is from jet aircraft and that "jet exhausts are almost entirely nontoxic."
If the Nation only controlled sources which account for a significant percentage of air pollution, there would be little improvement in the quality of our air.
Powerplants, steel plants, and refineries would argue that they are only a small percentage of "the total air pollution of the United States."
People living in the vicinty of airports would not agree that "1 percent" is a small amount of air pollution.
Furthermore, aircraft emissions are similar in composition to vehicular emissions. No evidence justifies the statement that "they are almost entirely nontoxic."
Mr. Shaffer's comments provide ample evidence that the FAA must not become involved in setting standards or compliance schedules for jet aircraft emissions.
I have also been informed, Mr. President, that representatives of the Air Transport Association and the FAA have been trying to find a way for the FAA to regulate jet engine emissions and compliance schedules in order to avoid litigation or legislation. This is unacceptable behavior for a Federal regulatory agency. We cannot tolerate these efforts to frustrate the public's demands for effective environmental quality control, interfere with pending litigation, and override the action of Congress.
The trail of smoke left by jets on takeoffs and landings consists of small particles of the size that most easily enters the lungs and causes health problems. In metropolitan airports with heavy air traffic, people are exposed to large concentrations of these exhaust particles in loading areas and aboard aircraft lined up awaiting takeoff.
Although aircraft smoke emissions account for only 1 percent of the Nation's air pollution problem by weight, the problem is much worse in metropolitan areas where jets operate most frequently. Pollutants are emitted from jet engines at the rate of 78 million pounds each year. In New York, planes dump 1½ tons of pollutants per day. Los Angeles gets almost 1 ton per day. In Washington, 1,200 pounds of pollutants are dumped per day – 602,000 pounds per year.
Industry has developed the technology to stop this pollution, a combustor which will make new engines smokeless. The capability to refit existing engines with these smokeless combustors will be available in a very few months.
On August 12, the State of New Jersey sued seven airlines which operate at Newark Airport, charging them with violating the State's air pollution control code. The State went to court on October 10 with evidence and a plan upon which to base a consent decree. This plan includes three steps. First, all new aircraft will be equipped with smokeless combustors when built. Second, as of February 1970, the airline industry will replace existing combustors with smokeless ones at a rate of 45 sets per month. Third, beginning in August 1970, industry replacement will be at the rate of 200 sets per month.
Under this plan, all planes equipped with Pratt & Whitney JT-8 engines would be smokeless by October 1971. The airlines appear to agree to steps one and two, but have not accepted the third step.
This gesture involves no change from their normal schedule of placing the new combustors on new engines and replacing the old combustors on repaired engines.
Congress noted the problem of aircraft air pollution in amendments to the Clean Air Act and required an investigation and report by the Department of Health, Education, and Welfare. This report, submitted earlier this year, concluded:
A reduction of particulate emissions from jet aircraft is desirable and feasible.
The report also indicated that the Department intended to encourage voluntary control action by airlines and engine manufacturers. No legislation was recommended.
Because of the technological breakthrough and the desire to encourage voluntary control action, a Government-industry meeting was held on August 28. The National Air Pollution Control Administration noted that the smokeless combustors would soon be available and urged their use. The increased cost to the airlines was mentioned and estimates for this cost were put at between $13.5 and $15 million to refit approximately 3,000 engines. Pratt & Whitney said that by next spring it would be able to turn out 200 smokeless combustors per month for refitting existing engines.
The Air Transport Association said that the cost would be $30 million. The airlines want to wait until the present engines need replacement before installing the new smokeless combustors.
Mr. President, this meeting was called to encourage voluntary action by the airlines. If the airlines would meet their responsibility, most of the engines that now pollute the skies could be clean by 1972. But if the airlines wait until their existing engines wear out before replacing the combustors, it would be mid-decade before we would begin to see the disappearance of air pollution from jet aircraft.
Apparently the proposed FAA regulation would encourage this unnecessary delay. According to Mr. Shaffer–
A program to eliminate the smoke trails is underway and air pollution from jet engines should be a thing of the past by the mid-1970's or 1980.
The time for action by the airlines is now.
The cost to replace a regular combustor with a smokeless one has been estimated at only two-tenths of 1 percent of the purchase price of an aircraft and an increased maintenance cost of six-tenths of 1 percent, or 10 cents per $100. I am sure that people who use the airlines would be willing to pay this minuscule increase in fares when it means significantly cleaner air.
If the airlines do not move in this direction, it will be necessary to enact Federal legislation for this specific purpose. When it is technologically and economically feasible to control pollution, there is no conceivable excuse for delay. Congress and the people will not tolerate it.
With these failures by the industry as a background, Mr. President, it has been suggested that the FAA and the industry might devise some acceptable scheme of regulation.
There is no reasonable justification for authorizing Federal agencies to determine and police the environmental effects of their own activities. One of the most frequent complaints made to the Subcommittee on Air and Water Pollution has been that industries and communities are required to perform at higher standards than activities authorized and regulated by the Federal Government.
Air quality determinations should be made by agencies charged with air quality responsibilities. Clearly, the agency with the responsibility for promoting air commerce should not be the agency which determines the extent to which aircraft emission controls will be necessary to protect the public health and welfare.
Last month the Senate unanimously agreed to legislation which will require that water quality determinations associated with federally authorized activities be made either by the appropriate State water pollution control agency or by the Secretary of the Interior.
The bill which I have introduced today authorizes the Secretary of Health, Education, and Welfare to promulgate air pollution emission standards for jet aircraft, which shall take effect on a schedule determined by the Secretary after consultation with the Department of Transportation and the Federal Aviation Agency.
Whether or not the present litigation effort is successful, and I hope it is, we must assure uniformity in the standards and assure that future techniques for control of other emissions from aircraft are implemented on an orderly basis.
I sincerely hope the FAA will reconsider before it takes hasty action which might interfere with pending litigation and contravene congressional intent. The FAA will have an opportunity to discuss their views on this matter before the Subcommittee on Air and Water Pollution early next year. Hasty, ill-conceived action based on questionable legal authority should be avoided.
EXHIBIT 1
S. 3229
A bill to amend the Clean Air Act in order to extend the authorizations for such Act, to extend the provisions of title II relating to emission standards to vessels, aircraft, and certain additional. vehicles, and for other purposes, and to provide for a study of noise and its effects
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I
SECTION 101. This title may be cited as the "Air Quality Improvement Act".
SEC. 102. Section 104 (a) (2) of the Clean Air Act is amended by striking out "and (B) " and inserting in lieu thereof
"(B) part of the cost of programs to develop low emission alternatives to the internal combustion engine, including steam, electric, and fuel cells; and (C) ".
SEC. 103. Section 104(c) of the Clean Air Act is amended by striking out "and for the fiscal year ending June 30, 1970, $45,000,000" and inserting in lieu thereof "for the fiscal year ending June 30, 1970, $45,000,000, for the fiscal year ending June 30, 1971, $125,000,000, for the fiscal year ending June 30, 1972, $150,000.000, and for the fiscal year ending June 30, 1973, $175,000,000".
SEC. 104. Section 108 (c) of the Clean Air Act is amended in the first sentence by inserting before "a plan for the implementation" a comma and the following: "after further public hearings at least thirty days following the publishing of such standards and the proposed plan,".
"TITLE II-NATIONAL EMISSION STANDARDS ACT
"SHORT TITLE
"Sec. 201. This title may be cited as the 'National Emission Standards Act'.
"ESTABLISHMENT OF STANDARDS
"Sec. 202. (a) The Secretary shall by regulation, giving appropriate consideration to technological feasibility and economic costs, prescribe as soon as practicable standards, applicable to the emission of any kind of substance, from any class or classes of vessels, aircraft, commercial vehicles, new noncommercial vehicles, vessel, commercial vehicle, or aircraft engines, or new noncommercial vehicle engines, which in his judgment cause or contribute to, or are likely to cause or to contribute to, air pollution which endangers the health or welfare of any persons, and such standards shall apply to such vessels, aircraft, vehicles, or engines whether they are designed as complete systems or incorporate other devices to prevent or control such pollution. Any such standards shall include requirements with respect to the manufacturers’ warranty of such systems or devices necessary for the purposes of this Act.
"(b) Any regulations initially prescribed under this section, and amendments thereto, with respect to any class of vessels. aircraft, commercial vehicle, new noncommercial vehicles, vessel. commercial vehicle, or aircraft engines, or new noncommercial vehicle engines shall become effective on the effective date specified in the order promulgating such regulations, which date shall be determined by the Secretary after consideration of the period reasonably necessary for compliance.
"(c) Any such regulations, or amendments thereto, with respect to aircraft, shall not be made effective until determined by the Secretary of Transportation to not interfere with the safety of such aircraft.
"PROHIBITED ACTS
"Sec. 203. (a) The following acts and the causing thereof are prohibited
"(1) in the case of a manufacturer of new vessels, new aircraft, new vehicles, new vessel engines, new aircraft engines, or new vehicle engines for distribution in commerce, the manufacture for sale, the sale, or the offering for sale, or the introduction or delivery for introduction into commerce, or the importation into the United States for sale or resale, of any new vessel, new aircraft vehicle, or new vessel aircraft, or vehicle engine, manufactured after the effective date of regulations under this title which are applicable to such vessel, vehicle, or engine unless it is in conformity with regulations prescribed under section 202 (except as provided in subsection (b) ) ;
"(2) in the case of an owner of a vessel, aircraft, commercial vehicle, or vessel, commercial vehicle, or aircraft engine, the use in commerce of such vessel, aircraft, vehicle or engine after the effective date of regulations under this title which are applicable to such vessel, aircraft, or engine unless it is in conformity with regulations prescribed under section 202 (except as provided in subsection (b));
"(3) for any person to fail or refuse to permit access to or copying of records or to fail to make reports or provide information, required under section 207;
"(4) for any person to remove or render inoperative any device or element of design installed on or in a vessel, aircraft, or vehicle, or vessel, aircraft, or vehicle engine in compliance with regulations under this title prior to its sale and delivery to the ultimate purchaser; or
“(5) for any person to remove or render inoperative, other than for purposes of maintenance or repair, any device or element of design installed on or in a vessel, aircraft, or vessel or aircraft engine in compliance with regulations under this title during the term of its use in commerce.
"(b) (1) The Secretary may exempt any new vessel, new aircraft, new vehicle, or new vessel, aircraft, or vehicle engine, or class thereof, from subsection (a), 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.
“(2) A new vessel, new aircraft, new vehicle, or new vessel, aircraft, or vehicle engine offered for importation by a manufacturer in violation of subsection (a) shall be refused admission into the United States, but the Secretary of the Treasury and the Secretary may, by joint regulation, provide for deferring final determination as to admission and authorizing the delivery of such a vessel, aircraft, vehicle, or engine offered for import to the owner or consignee thereof upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such vessel, aircraft, vehicle, or engine will be brought into conformity with the standards, requirements, and limitations applicable to it under this title. The Secretary of the Treasury shall, if a vessel, aircraft, vehicle, or engine is finally refused admission under this paragraph, cause disposition thereof in accordance with the customs laws unless it is exported, under regulations prescribed by such Secretary, within ninety days of the date of notice of such refusal or such additional time as may be permitted pursuant to such regulations, except that disposition in accordance with the customs laws may not be made in such manner as may result, directly or indirectly, in the sale, to the ultimate consumer, of a new vessel, aircraft, vehicle, or engine that fails to comply with applicable standards of the Secretary of Health, Education, and Welfare under this title.
“(3) A new vessel, aircraft, vehicle, or engine intended solely for export, and so labeled or tagged on the outside of the container and on the vessel, aircraft, vehicle, or engine itself, shall not be subject to the provisions of subsection (a).
"INJUNCTION PROCEEDINGS
"SEC. 204. (a) The district courts of the United States shall have jurisdiction to restrain violations of paragraph (1), (2), or (3) of section 203(a).
"(b) Actions to restrain such violations shall be brought by and in the name of the United States. In any such action, subpoenas for witnesses who are required to attend a district court in any district may run into any other district.
"PENALTIES
"SEC. 205. Any person who violates paragraph (1), (2), (3), (4), or (5) of section 203 (a) shall be subject to a fine of not more than $1,000. Such violation with respect to sections 203 (a) (1), 203 (a) (2), 203 (a) (4) and 203(a) (5) shall constitute a separate offense with respect to each vessel, aircraft, vehicle, or engine.
"CERTIFICATION
"SEC. 206. (a) Upon application of the manufacturer, the Secretary shall test, or require to be tested, in such manner as he deems appropriate, any new vessel, aircraft, vehicle, or engine submitted by such manufacturer to determine whether such vessel, aircraft, vehicle, or engine conforms with the regulations prescribed under section 202 of this title. If such vessel, aircraft, vehicle, or engine conforms to such regulations the Secretary shall issue a certificate of conformity upon such terms, and for such period of not less than one year, as he may prescribe.
"(b) Any new vessel, aircraft, vehicle, or engine sold by such manufacturer which is in all material respects substantially the same construction as the test vessel, aircraft, vehicle, or engine for which a certificate has been issued under subsection (a), shall for the purposes of this Act be deemed to be in conformity with the regulations issued under section 202 of this title.
"(c) Vessels and aircraft and vessel and aircraft engines used in commerce and subject to standards promulgated under section 202 of this title shall be periodically certified under such procedures as the Secretary may by regulation prescribe.
"RECORDS AND REPORTS
"SEC. 207. (a) Every manufacturer or owner of a vessel or aircraft shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such manufacturer or owner has acted or is acting in compliance with this title and regulations thereunder and shall, upon request of an officer or employee duly designated by the Secretary, permit such officer or employee at reasonable times to have access to and copy such records.
"(b) All information reported or otherwise obtained by the Secretary or his representatives pursuant to subsection (a), which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of such section 1905, except that such information may be disclosed to other officers or employees concerned with carrying out this Act or when relevant in any proceeding under this Act. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control, from duly authorized committees of the Congress.
"STATE STANDARDS
"SEC. 208. (a) No State or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines subject to this title. No State shall require certification, inspection, or any other approval relating to the control of emissions from any new motor vehicle or new motor vehicle engine as condition precedent to the initial retail sale, titling (if any), or registration of such motor vehicle, motor vehicle engine, or equipment.
"(b) The Secretary shall, after notice and opportunity for public hearing, waive application of this section to any State which has adopted standards (other than crankcase emission standards) for the control of emissions from new motor vehicles or new motor vehicle engines prior to March 30, 1966, unless he finds that such State does not require standards more stringent than applicable Federal standards to meet compelling and extraordinary conditions or that such State standards and accompanying enforcement procedures are not consistent with section 202 (a) of this title.
"(c) Nothing in this title shall preclude or deny to any State or political subdivision thereof the right otherwise to control, regulate, or restrict the use, operation, or movement of registered or licensed motor vehicles.
"FEDERAL ASSISTANCE IN DEVELOPING VEHICLE INSPECTION PROGRAMS
"SEC. 209. The Secretary is authorized to make grants to appropriate State air pollution control agencies in an amount up to two-thirds of the cost of developing meaningful uniform motor vehicle emission device inspection and emission testing programs except that (1) no grant shall be made for any part of any State vehicle inspection program which does not directly relate to the cost of the air pollution control aspects of such a program; and (2) no such grant shall be made unless the Secretary of Transportation has certified to the Secretary that such program is consistent with any highway safety program developed pursuant to section 402 of title 23 of the United States Code.
"REGISTRATION OF FUEL ADDITIVES
"SEC. 210. (a) The Secretary may by regulation designate any fuel or fuels (including fuels used for purposes other than motor vehicles), and after such date or dates as may be prescribed by him, no manufacturer or processor of any such 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 the manufacturer of such fuel has provided the Secretary with the information required under subsection (b) (1) of this section and unless any additive contained in such fuel has been registered with the Secretary in accordance with subsection (b) (2) of this section.
“(b) For the purposes of this section the Secretary shall require (1) the manufacturer of such fuel to notify him as to the commercial identifying name and manufacturer of any additive contained in such fuel; the range of concentration of such additive or additives in the fuel; and the purpose in the use of such additive; and (2) the manufacturer of any such additive to notify him as to the chemical composition of such additive or additives as indicated by compliance with clause (1) above, the recommended range of concentration of such additive, if any, the recommended purpose in the use of such additive, and to the extent such information is available or becomes available, the chemical structure of such additive or additives. Upon compliance with clauses (1) and (2), including assurances that any change in the above information will be provided to the Secretary, the Secretary shall register such fuel additive.
“(c) All information reported or otherwise obtained by the Secretary or his representative pursuant to subsection (b), which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of such section 1905, except that such information may be disclosed to other officers or employees of the United States concerned with carrying out this Act or when relevant in any proceeding under this title. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control, from the duly authorized committees of the Congress.
"(d) Any person who violates subsection (a) 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.
“(e) 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.
"DEVELOPMENT OF LOW-EMISSION VEHICLES
"SEC. 211. In order to encourage research and promote the development of low-emission vehicles the Secretary is authorized to"(1) prescribe special low-emission standards for any class or classes of vehicles or engines and such standards shall permit an emission of not more than 50 per centum of the amount of pollutants permitted by standards established pursuant to section 202 for the same class of vehicle or engine;
"(2) provide testing procedures to determine if vehicles and engines meet such standards; and
"(3) certify vehicles or engines meeting such standards as low-emission vehicles or engines for the purpose of this section.
"SOLVENTS
"Sec. 212. (a) The Secretary by regulation may designate solvents, coating materials, organic or inorganic materials, and products containing any such substance as a constituent thereof, either singly or by classes or in combinations, which when used in uncontrolled situations, in his judgment, may cause or contribute to air pollution adversely affecting health or welfare; and after such date or dates as may be prescribed by him, no manufacturer of any such product or substance may deliver any such product or substance into interstate commerce unless such substance has been registered with the Secretary in accordance with this section.
"(b) For the purposes of this subsection the Secretary shall require (1) the manufacturer of any product which contains any such substance to notify him as to the commercial identifying name and the manufacturer of the solvent, coating material, organic or inorganic material, or other such substance contained in the product; the range of concentration of such substance; the purpose of such substance; and (2) the manufacturer of any such substance to notify him as to the chemical structure and composition of such substance as indicated by compliance with clause (1) above, the recommended range of concentration of such substance, if any, and the recommended purpose of such substance. Upon compliance with clauses (1) and (2), including assurances that any change in the above information will be provided to the Secretary, the Secretary shall register such product.
"(c) The Secretary may develop and publish proposed standards, either singly or by classes, for the use of those substances and products that are registered in compliance with subsections (a) and (b) above. The Secretary may from time to time review such proposed standards and make changes therein, taking into consideration increased knowledge regarding technology or effects on health or welfare.
"(d) If the Secretary determines that any such substance or class thereof constitutes a substantial and imminent danger to the health or welfare of any person, he may promulgate any of the proposed standards for such substance which have been developed and published pursuant to subsection (c) and he may prohibit the introduction of such substance into interstate commerce unless it complies with such regulations as he shall promulgate under this subsection.
"(e) If two or more manufacturers, vendors, or distributors of any such substance or product notify the Secretary that two or more State, interstate, or local agencies or authorities have established standards, rules, or regulations applicable to such substance or product and varying from each other in their terms or effects upon the manufacturer, vendor, or distributor, the Secretary may promulgate any of the proposed standards he has developed, and published for such substance or product under subsection (c) and they shall become effective after a date established by him.
"(f) At any time he shall deem it necessary, the Secretary may add additional substances or products to the designations made under subsection (a), add additional substances or products to those to which proposed standards existing under subsection (c) already apply, or promulgate under subsection (d) or (e) additional standards which have been proposed under subsection (c).
"(g) All information reported or otherwise obtained by the Secretary or his representative pursuant to this section, which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code shall be considered confidential for the purpose of such section 1905, except that such information may be disclosed to other officers or employees concerned with carrying out this Act or when relevant in any proceeding under this Act. Nothing in this subsection shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of Congress.
"(h) (1) Any person who violates after the effective date the provisions of subsections (a), (d), or (e) or regulations promulgated pursuant thereto 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 section and he shall have authority to determine the facts upon all such applications.
"(2) 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.
"DEFINITIONS FOR TITLE II
"SEC. 213. As used in this title
"(1) The term ‘manufacturer’ as used in sections 203, 206, and 207 means any person engaged in the manufacturing or assembling of new vessels, aircraft, or vehicles, or new vessel, aircrafts, or vehicle engines, or importing such vessels, aircraft, vehicles, or engines for resale, or who acts for and is under the control of any such person in connection with the distribution of such vessels, aircraft, vehicles, or engines, but shall not include any dealer with respect to new vehicles or new vehicle engines received by him in commerce.
"(2) The term ‘vessel’ means any self-propelled watercraft designed for transporting persons or property on or in water.
"(3) The term ‘new vessel’ means a vessel the equitable or legal title to which has never been transferred to an ultimate purchaser; and the term ‘new vessel engine’ means an engine in a new vessel or a vessel engine the equitable or legal title to which has never been transferred to the ultimate purchaser.
"(4) The term ‘aircraft’ means any self propelled contrivance designed for transporting persons or property in the air.
"(5) The term ‘new aircraft’ means an aircraft the equitable or legal title to which has never been transferred to an ultimate purchaser; and the term ‘new aircraft engine’ means an engine in a new aircraft or an aircraft engine the equitable or legal title to which has never been transferred to the ultimate purchaser.
"(6) The term ‘vehicle’ means any self propelled vehicle designed for transporting persons or property on a street or highway or on rails, or any vehicle for agricultural use, and the term ‘motor vehicle’ means only such a vehicle designed for transporting persons or property on a street or highway.
"(7) The term ‘commercial’ means used with profit as the primary aim.
"(8) The term ‘new’ as used with respect to a vehicle, motor vehicle or vehicle or motor vehicle engine means a vehicle, motor vehicle, or engine the equitable or legal title to which has never been transferred to an ultimate purchaser.
"(9) The term ‘dealer’ means any person who is engaged in the sale or the distribution of new vehicles or new vehicle engines to the ultimate purchaser.
"(10) The term ‘ultimate purchaser’ means, with respect to any new vessel, aircraft, vehicle, or new vessel, aircraft or vehicle engine, the first person who in good faith purchases such new vessel, aircraft, vehicle or engine for purposes other than resale.
"(11) The term ‘commerce’ means (A) commerce between any place in any State and any plaza outside thereof; and (B) commerce wholly within the District of Columbia."
SEC. 106. Section 309 of the Clean Air Act is amended by striking out "and $134,300,000 for the fiscal year ending June 30, 1970" and inserting in lieu thereof "$134,300,000 for the fiscal year ending June 30, 1970, $150,000,000 for the fiscal year ending June 30, 1971, $175,000,000 for the fiscal year ending June 30, 1972, and $200,000,000 for the fiscal year ending June 30, 1973".
TITLE II
SEC, 201. This title may be cited as the "Noise Pollution and Abatement Act".
SEC. 202. (a) The Secretary of Health, Education, and Welfare shall establish within the Department of Health, Education, and Welfare an Office of Noise Abatement and Control, and shall carry out through such office a full and complete investigation and study of noise and its effect in order to determine(1) effects at various levels;
(2) projected growth of noise levels in urban areas through the year 2000;
(3) the psychological effect on humans;
(4) effects of sporadic extreme noise (such as jet noise near airports) as compared with constant noise;
(5) effect on wildlife and property (including values) ;
(6) effect of sonic booms on property (including values); and
(7) such other matters as may be of interest in the public welfare.
(b) The Secretary shall report the results of such investigation and study, together with his recommendations for legislation or other action, to the President and the Congress not later than one year after the date of enactment of this Act.
(c) In any case where a department or agency of the Government is carrying out any activity resulting in noise which amounts to a public nuisance or is otherwise objectionable, such department or agency shall consult with the Secretary of Health, Education, and Welfare to determine possible means of abating such noise.
(d) There is authorized to be appropriated such amount, not to exceed $30,000,000, as may be necessary for the purposes of this section.
EXHIBIT 2
SUMMARY OF PROVISIONS
TITLE I
Discussion
Low-Emission Vehicle Research – This section expands the research programs authorized in the Clean Air Act to include research on the development of low-emission alternatives to the internal combustion engine.
Extension of Authorization for Research and Development – This section extends the research authorization of the Clean Air Act to provide the following amounts for the next three years:
Fiscal year:
1971 --------------------- $125,000,000
1972 --------------------- 150,000,000
1973 --------------------- 175,000,000
Notice of Public Hearings – This section amends Section 108 (c) (1) of the Clean Air Act to require public hearings on state plans for implementation of air quality standards as well as 30 days notice of these hearings required on standards.
National Emission Standards for Vessels, Aircraft, Vehicles, and Engines – This section amends title II of the Clean Air Act to extend the national emission standards authority of the Secretary of Health, Education and Welfare to vessels, aircraft, commercial vehicles and other many sources of pollution. All regulations relating to these sources of air pollution shall become effective on the date specified in the Secretary’s promulgating order. Aircraft regulations will require consultation with the Secretary of Transportation as to safety.
Necessary Regulatory Authority is provided – The Secretary is authorized to include requirements With respect to the manufacturer’s warranty to assure compliance with standards after initial sale of a vehicle, vessel, aircraft, etc.
Development of Low-Emission Vehicles – This provision authorizes the Secretary to set special low-emission standards for motor vehicles, and to test and certify vehicles as to their compliance with these low-emission standards.
Extension of General Authorization – This provision extends the general authorization of the Clean Air Act, for other than Section 104 research and demonstration programs, to provide the following amounts for the next three years:
Fiscal year:
1971 ----------------------- $150,000,000
1972 ----------------------- 175,000,000
1973 ---------------------- 200,000,000
Registration and Regulation of Solvents – This provision authorizes the Secretary to order registration of certain organic solvents, paints, and other oxidants, and to (develop and publish) recommend national emission standards for such solvents. The Secretary may set standards for solvents in the event of conflicting state regulations on solvents or a threat to the public health and welfare posed by a solvent and may prohibit the introduction into interstate commerce of this substance, until it meets the standards promulgated under this act. The Secretary may subject additional substances to the requirement of registration or of compliance with standards promulgated under this section.
TITLE II
Noise Pollution – This title establishes an Office of Noise Pollution, Abatement and Control in the Department of Health, Education and Welfare and requires the Secretary to conduct a study of the effects of noise at various levels on public health and welfare, including the effects on wildlife and property. The Secretary shall report to Congress on the results of this study with recommendations for needed legislation. Any Federal Department or agency engaging in activities which results in excessive noise is directed to consult with the Secretary on means of abating such noise.
An amount of not more than $30,000,000 is authorized to carry out the purposes of this section.