February 3, 1971
Page 1552
S. 573 – INTRODUCTION OF A BILL TO AMEND THE CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
Mr. MUSKIE. Mr. President, I offer for introduction today a bill that would require the development and enforcement of standards to control the use of environmentally dangerous substances in manufactured products and a premarket evaluation of new substances to facilitate compliance.
The bill would amend national policy by adding to the Federal Water Pollution Control Act and the Clean Air Act a congressional finding of three major points:
First. Many manufactured products may contain substances which adversely affect the quality of our air and waters.
Second. The control of these adverse effects may not be feasible at the points where the products are used, such as agricultural lands and the kitchens and appliances of American homes.
Third. Consequently, the Congress believes it necessary to protect and enhance water and air quality by regulating the use of such substances in products at the point of manufacture and to seek information about environmental consequence before such substances come into widespread use.
Mr. President, I offer this bill because I am convinced, from our experience with phosphates and NTA in detergents, with lead, with mercury, with chlorinated hydrocarbon pesticides, with other hazardous substances that we must have a system to deal with these problems before they reach the crisis stage.
We no longer can depend upon either special legislation for each dangerous product or upon voluntary cooperation among the manufacturers to deal with these problems. These approaches have produced only uncertain and haphazard environmental policy decisions.
I am particularly concerned with the inadequacies of voluntary agreements. They are not based upon firm guidelines or formal public decisions. There is no evidence that leads me to believe such informal agreements will afford adequate protection in the future.
Mr. President, I ask unanimous consent that the text of the bill and a summary of its provisions be included at the close of my remarks.
The PRESIDING OFFICER (Mr. COOK). The bill will be received and appropriately referred; and, without objection, the bill and summary will be printed in the RECORD.
The bill (S. 573) to amend the Clean Air Act and the Federal Water Pollution Control Act to provide for standards for the manufacture of certain products to protect the quality of the Nation's air and navigable waters, to the Committee on Public Works, 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. 573
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That
SECTION 1. The Clean Air Act, as amended (42 U.S.C. 1857 et seq.), is amended by inserting after section 118 a new section as follows:
"STANDARDS FOR CERTAIN MANUFACTURED PRODUCTS
"SEC. 119. (a) The Congress hereby finds and declares–
"(1) that many manufactured products may contain substances which adversely affect the quality of our nation's air;
"(2) that the control of the adverse effects of these substances is not feasible at the point of use of the products; and
"(3) that it is therefore the purpose of this section to protect and enhance air quality and protect public health through the regulation of the use of such substances in products at the point of manufacture.
"(b) Not later than 180 days after the effective date of this section, and at appropriate times thereafter, the Administrator shall designate substances or combinations of substances which are being used in manufactured products and which as a result of such use adversely affect the public health or contribute or may contribute to the violation of any air quality standards established or approved pursuant to this Act
"(c) Prior to the introduction into commerce of any manufactured product containing any new substance or any previously available substance in a substantially new use, the Administrator shall require–
"(1) the manufacturer of any such manufactured product to notify him as to the commercial identifying name and manufacturer of such substance, the range of concentration of such substance in such manufactured product, and the purpose-in-use of such substance in such manufactured product;
"(2) the manufacturer of any such substance to notify him as to the chemical composition of such substance;
" (3) the manufacturer of such manufactured product or the manufacturer of any such substance
"(A) to conduct tests to determine potential public health effects of the use of such substance in such manufactured product (including, but not limited to, carcinogenic, teratogenic, or mutagenic effects), in conformity with test procedures and protocols established by the Administrator;
"(B) to provide any information under the control of such manufacturer concerning the short and long term environmental effects of the use of such substance in such manufactured products and to develop by test or analysis such information on potential environmental effects; and
"(C) to furnish the description of any analytical technique that can be used to detect and meaure such substance or its byproducts in such manufactured product, in the human body, or in the environment.
"The results of tests and other information gathered under paragraph (3) shall not be considered confidential.
"(d) Whenever the Administrator finds on the basis of surveys, studies, or reports that (1) the use in substantial quantities of any manufactured product which contains any substance or substances designated under subsection (b) results or is likely to result in direct or indirect discharges into the air of the United States so as to adversely affect the public health or to cause or substantially contribute to violation of any air quality standard established or approved pursuant to this Act, and (2) treatment to remove the harmful effects of such manufactured product at the point of such discharge is not feasible, he shall prescribe, in accordance with the provisions of title 5 of the United States Code relating to administrative procedure, standards for the use in such manufactured product of such substances either singly or by classes. Included with such standards shall be (A) specific methods by which products shall be tested by the Administrator to determine if they conform to such standards, and (B) requirements with respect to necessary record keeping, reporting, and other actions necessary for the purpose of this section. Upon a showing satisfactory to the Administrator that information reported or otherwise obtained by the Administrator or his representative pursuant to such requirements contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, the Administrator shall consider such information 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.
"(e) It shall be unlawful after the effective date of such standards for any person to import for use in the United States or manufacture for use in the United States or for export any product, unless such product conforms with standards prescribed with respect to such product pursuant to subsection (d) of this section.
"(f) (1) Any product which does not conform with standards prescribed pursuant to subsection (d) of this section Shall be liable to be proceeded against on libel of information and condemned in any district court of the United States within the jurisdiction of which such product is found.
"(2) Such product shall be liable to seizure by process pursuant to the libel, and the procedure in cases under this subsection shall conform, as nearly as may be, to the procedure in admiralty; except that on demand of either party any issue of fact joined in such case shall be tried by jury. When libel for condemnation proceedings under this subsection, involving the same claimant and the same issues, are pending in two or more jurisdictions, such pending proceedings, upon application of the United States or the claimant seasonably made to the court of one such jurisdiction, shall be consolidated for trial by order of such court, and tried in (A) any district selected by the applicant where one of such proceedings is pending; or (B) a district agreed upon by stipulation between the parties. If. no order for consolidation is so made within a reasonable time, the United States or the claimant may apply to the court of one such jurisdiction, and such court (after giving the other party, the claimant, or the United States attorney for such district, reasonable notice and opportunity to be heard) shall by order, unless good cause to the contrary is shown, specify a district of reasonable proximity to the claimant's principal place of business, in which all such pending proceedings shall be consolidated for trial and tried. Such order of consolidation shall not apply so as to require the removal of any case the date for trial of which has been fixed. The court granting such order shall give prompt notification thereof to the other courts having jurisdiction of the cases covered thereby.
" (3) Any product condemned under this subsection shall, after entry of the decree, be disposed of by destruction or sale as the court may, in accordance with the provisions of this subsection direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States; but such product shall not be sold under such decree for a use which would result in violation of any air quality standard contrary to the purpose of this section, except that after entry of the decree and upon the payment of the costs of such proceedings and the execution of a good and sufficient bond conditioned that such product shall not be used contrary to the provisions of this section, the court may by order direct that such product be delivered to the owner thereof to be destroyed or brought into compliance with the provisions of this section under the supervision of an officer or employee duly designated by the Administrator and the expenses of such supervision shall be paid by the person obtaining release of the product under bond.
"(4) When a decree of condemnation is entered against the product, court costs and fees, and storage and other proper expenses, shall be awarded against the person, if any, intervening as claimant of the product.
"(5) In the case of removal for trial of any case as provided by paragraph (2) of this subsection
"(A) the clerk of the court from which removal is made shall promptly transmit to the court in which the case is to be tried all records in the case necessary in order that such court may exercise jurisdiction;
"(B) the court to which such case is removed shall have the powers and be subject to the duties, for purposes of such case, which the court from which removal was made would have had, or to which such court would have been subject, if such case had not been removed.
"(g) (1) The United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this section.
"(2) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this subsection, which violation also constitutes a violation of this section, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.
"(h) All libel or injunction proceedings for the enforcement, or to restrain violations, of this section shall be by and in the name of the United States. Subpoenas for witnesses who are required to attend a court of the United States in any district may run into any other district in any such proceeding.
"(i) The Secretary of the Treasury and the Administrator shall jointly prescribe regulations for the efficient enforcement of the provisions of subsection (k) of this section, except as otherwise provided therein. Such regulations shall be promulgated in such manner and take effect at such time, after due notice, as the Secretary shall determine.
"(j) (1) The Administrator is authorized to conduct examinations, inspections, and investigations for the purposes of this section through officers and employees of the Environmental Protection Agency or through any officer or employee of any State, or political subdivision thereof, duly commissioned by the Administrator.
"(2) For purposes of enforcement of this section, officers or employees duly designated by the Administrator, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (A) to enter, at reasonable times, any factory, warehouse, or establishment, in which a product is manufactured, processed, packed, or held, or to enter any vehicle being used to transport or hold a manufactured product; (B) to inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished materials; and (C) to obtain samples of such materials. 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.
"(3) If the officer or employee obtains any sample, prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. If an analysis is made of such sample, a copy of the results of such analysis shall be furnished promptly to the owner, operator or agent in charge.
"(k)(1) The Secretary of the Treasury shall deliver to the Administrator, upon his request, "samples of products which are being imported, or offered for import, for use in the United States, giving notice thereof to the owner or consignee, who may appear before the Administrator and have the right to introduce testimony. If it appears from the examination of such samples or otherwise that such product does not conform to standards prescribed pursuant to subsection (d) of this section, such product shall be refused admission, except as provided in paragraph (2) of this subsection. The Secretary of the Treasury shall cause the destruction of any such product being imported and refused admission unless such product is exported, under regulations prescribed by the Secretary of the Treasury, within ninety days of the date of notice of such refusal or within such additional time as may be permitted pursuant to such regulations.
"(2) Pending a decision as to the admission of a product being imported or offered for import, the Secretary of the Treasury may authorize delivery of such product to the owner or consignee upon the execution by him of a good and sufficient bond providing for the payment of such liquidated damages in the event of default as may be required pursuant to regulations of the Secretary of the Treasury.
“SEC. 2: The Federal Water Pollution Control Act; as amended (33 U.S.C. 466 et seq.), is amended by redesignating section 27 as section 28 and, inserting before such section a new section as follows:
"STANDARDS FOR CERTAIN MANUFACTURED PRODUCTS
"SEC. 27. (a) The Congress hereby finds and declares–
"(a) that many manufactured products may contain substances which adversely affect the quality of our nation's navigable waters,
"(2) that the control of the adverse effects of these substances is not feasible at the point of use of the products; and
"(3) that it is therefore the purpose of this section to protect and enhance water quality and protect the public health through the regulation of the use of such substances in products at the point of manufacture.
"(b) Not later than 180 days after the effective date of this section, and at appropriate times thereafter, the Administrator shall designate substances or combination of substances which are being used in manufactured. products and which as a result of such use adversely affect the public health or contribute or may contribute to the violation of any water quality standard established or approved pursuant to this act.
"(c) Prior to the introduction into commerce of any manufactured product containing any new substance or any previously available substance in a substantially new use, the Administrator shall require–
"(1) the manufacturer of any such manufactured product to notify him as to the commercial identifying name and manufacturer of such substance, the range of concentration of such substance in such manufactured product, and the purpose-in-use of such substance in such manufactured product;
"(2) the manufacturer of any such substance to notify him as to the chemical composition of such substance;
"(3) the manufacturer of any such manufactured product or the manufacturer of any such substance–
"(A) to conduct tests to determine potential public health effects of the use of such substance in such manufactured product (including but not limited to, carcinogenic, teratogenic, or mutagenic effects), in conformity with test procedures and protocols established by the Administrator;
(B) to provide any information under the control of such manufacturer concerning the short and long term environmental effects of the use of such substance in such manufactured products and to develop by test or analysis such information on potential environmental effects; and
(C) to furnish the description of any analytical technique that can be used to detect and measure such substance or its by-products in such manufactured product, in the human body, or in the environment.
The results of tests and other information gathered under paragraph (3) shall not be considered confidential.
"(d) Whenever the Administrator finds on the basis of surveys, studies, or reports that (1 ) the use in substantial quantities of any manufactured product which contains any substance or substances designated under subsection (b) results or is likely to result in direct or indirect discharges into the navigable waters of the United States so as to adversely affect the public health or to cause or substantially contribute to violation of any water quality standard established or approved pursuant to this act, and (2) treatment to remove the harmful effects of such manufactured product at the point of such discharge is not feasible, he shall prescribe in accordance with the provisions of title 5 of the United States Code relating to administrative procedure, standards for the use in such manufactured product of such substances either singly or by classes. Included with such standards shall be (A) specific methods by which products shall be tested by the Administrator to determine if they conform to such standards, and (B) requirements with respect to necessary record keeping, reporting, and other actions necessary for the purpose of this section. Upon a showing satisfactory to the Administrator that information reported or otherwise obtained by the Administrator or his representative pursuant to such requirements contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, the Administrator shall consider such information 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.
"(e) It shall be unlawful after the effective date of such standards for any person to import for use in the United States or manufacture for use in the United States or for export any product, unless such product conforms with standards prescribed with respect to such product pursuant to subsection (d) of this section.
"(f) (1) Any product which does not conform with standards prescribed pursuant to subsection (d) of this section shall be liable to be proceeded against on libel of information and condemned in any district court in the United States within the jurisdiction of which such product is found.
"(2) Such product shall be liable to seizure by process pursuant to the libel, and the procedure in cases under this subsection shall conform, as nearly as may be, to the procedure in admiralty; except that on demand of either party any issue of fact joined in such case shall be tried by jury. When libel for condemnation proceedings under this subsection, involving the same claimant and the same issues, are pending in two or more jurisdictions, such pending proceedings, upon application of the United States or the claimant seasonably made to the court of one such jurisdiction, shall be consolidated for trial by order of such court, and tried in (A) any district selected by the applicant where one of such proceedings is pending; or (B) a district agreed upon by stipulation between the parties. If no order for consolidation is so made within a reasonable time, the United States or the claimant may apply to the court of one such jurisdiction, and such court (after giving the other party, the claimant, or the United States attorney for such district, reasonable notice and opportunity to be heard) shall by order, unless good cause to the contrary is shown, specify a district of reasonable proximity to the claimant's principal place of business, in which all such pending proceedings shall be consolidated for trial and tried. Such order of consolidation shall not apply so as to require the removal of any case the date for trial of which has been fixed. The court granting such order shall give prompt notification thereof to the other courts having jurisdiction of the cases covered hereby.
"(3) Any product condemned under this subsection shall, after entry of the decree, be disposed of by destruction or sale as the court may, in accordance with the provisions of this subsection, direct and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States; but such product shall not be sold under such decree for a use which would result in the violation of any water quality standards contrary to the purpose of this section; except that after entry of the decree and upon the payment of the costs of such proceedings and the execution of a good and sufficient bond conditioned that such product shall not be used contrary to the provisions of this section, the court may by order direct that such product be delivered to the owner thereof to be destroyed or brought into compliance with the provisions of this section under the supervision of an officer or employee duly designated by the Administrator and the expenses of such supervision shall be paid by the person obtaining release of the product under bond.
"(4) When a decree of condemnation is entered against the product, court costs and fees, and storage and other proper expenses, shall be awarded against the person, if any, intervening as claimant of the product.
"(5) In the case of removal for trial of any case as provided by paragraph (2) of this subsection
"(A) the clerk of the court from which removal is made shall promptly transmit to the court in which the case is to be tried all records in the case necessary in order that such court may exercise jurisdiction;
"(B) the court to which such case is removed shall have the powers and be subject to the duties, for purposes of such case, which the court from which removal was made would have had, or to which such court would have been subject, if such case had not been removed.
"(g) (1) The United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this section.
"(2) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this subsection, which violation also constitutes a violation of this section, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.
"(h) All libel or injunction proceedings for the enforcement, or to restrain violations, of this section shall be by and in the name of the United States. Subpoenas for witnesses who are required to attend a court of the United States in any district may run into any other district in any such proceeding.
"(i) The Secretary of the Treasury and the Administrator shall jointly prescribe regulations for the efficient enforcement of the provisions of subsection (k) of this section; except as otherwise provided therein. Such regulations shall be promulgated in such manner and take effect at such time, after due notice, as the Secretary shall determine.
" (j) (1) The Administrator is authorized to conduct examinations, inspections, and investigations for the purposes of this section through officers and employees of the Environmental Protection Agency or through any officer or employee of any State, or political subdivision thereof, duly commissioned by the Administrator.
"(2) For purposes of enforcement of this section, officers or employees duly designated by the Administrator, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (A) to enter, at reasonable times, any factory, warehouse, or establishment in which a product is manufactured, processed, packed, or held, or to enter any vehicle being used to transport or hold a manufactured product; (B) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle, and all pertinent equipment; finished and unfinished materials; and (C) to obtain samples of such materials. 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.
"(3) If the officer or employee obtains any sample prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. If an analysis is made of such sample, a copy of the results of such analysis shall be furnished promptly to the owner, operator or agent in charge.
“(k)(1) The Secretary of the Treasury, shall deliver to the Administrator, upon his request, samples of products which are being imported, or offered for import for use in the United States, giving notice thereof to the owner or consignee, who may appear before the Administrator and have the right to introduce testimony. If it appears from the examination of such samples or otherwise that such product does not conform to standards prescribed pursuant to subsection (d) of this section, such product shall be refused admission, except as provided in paragraph (2) of this section. The Secretary of the Treasury shall cause the destruction of any such product being imported and refused admission unless such product is exported under regulations prescribed by the Secretary of the Treasury, within ninety days of the date of notice of such refusal or within such additional time as may be permitted pursuant to such regulations.
"(2) Pending decision as to the admission of a product being imported or offered for import, the Secretary of the Treasury may authorize delivery of such product to the owner or consignee upon the execution by him of a good and sufficient bond providing for the payment of such liquidated damages in the event of default as may be required pursuant to regulations of the Secretary of the Treasury."
The summary presented by Mr. MUSKIE is as follows:
SUMMARY OF PROVISIONS
The bill establishes parallel provisions in the Clean Air Act and Federal Water Pollution Control Act to set standards for the manufacture of certain products, in order to control the environmental impact of substances which cannot be adequately regulated at the point of use.
Subsection (a) of each new section is the findings of Congress and the purposes of the legislation.
Subsection (b) of each new section provides that within 180 days after enactment, the Administrator of the Environmental Protection Agency will designate substances which may be present in manufactured products and which may cause a violation of any air or water quality standards.
Subsection (c) of each new section requires that before any new substance (or substance in a new use) is introduced into commerce the Administrator will require the manufacturer to submit information on the composition and potential public health and environment effects of the substance. He will also require testing by the manufacturer to establish such effects.
Subsection (d) of each new section authorizes the Administrator to prescribe standards for the use in manufactured products of any designated substance whose use in substantial quantities may cause discharges which adversely affect health or violate air or water quality standards. Standards may include testing procedures and record-keeping and reporting requirements.
Subsection (e) of each new section prohibits the importation or manufacture of any product not in compliance with standards under these sections.
Subsection (f) of each new section provides for the condemnation, seizure, and disposition of any product which does not conform to the standards under these sections.
Subsections (g) and (h) are procedural authorizations.
Subsections (f) and (k) of each new section authorize the Administrator and the Secretary of the Treasury to jointly enforce the standards under these sections against imported products.
Subsection (j) of each new section authorizes the Administrator to conduct examinations and inspections and to enter any premises and obtain samples.