CLEAN AIR ACT AMENDMENTS OF 1 9 6 ^

GOVERNMENT

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HEARING

BEFO RE T H E

SUBC OMM ITTE E ON PU BL IC HE AL TH 

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COMM ITTEE ON

INT ER ST AT E AND FO RE IGN COMM ERCE 

HOU SE OF RE PR ES EN TA TI VE S

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EIG HTY-N INT H CONGRESS

SECOND SESSION

ON

-V H.R . 13199, S. 3112

BILLS TO AMEND THE CLEAN AIR ACT SO AS TO AUTHORIZE 

GRANTS TO AIR POLLUTION CONTROL AGENCIES FOR MAINTENANCE OF AIR POLLUTION CONTROL PROGRAMS IN ADDITION TO PRESEN T AUTHORITY FOR GRANTS TO DEVELOP, 

ESTABLISH, OR IMPROVE SUCH PROGRAMS; MAKE TH E USE 

OF APPROPRIATIONS UNDER THE ACT MORE FLE XIB LE BY 

CONSOLIDATING THE APPR OPRIATION AUTHORIZATIONS 

UNDER THE ACT AND DELETING THE PROVISION LIMITING 

THE TOTAL OF GRANTS FOR SUPPORT OF AIR POLLUTION 

CONTROL PROGRAMS TO 20 PER CENTUM OF THE TOTAL 

APPROPRIATION FOR ANY YEAR; EXTEND THE DURATION OF 

THE PROGRAMS AUTHORIZED BY THE AC T; AND FOR OTHER 

PURPOSES

SEPT EMBER 27, 19Q6

Se ria l No. 89-48

Printed for the use of th e Committee on Interstate and Foreign Commerce

69-400 O

U.S . GO VE RN MEN T PR IN TIN G O FFIC E 

WAS HI NG TO N : 1966
A

COMMITTEE ON INTERSTA TE AND FOREIGN COMMERCE

HARLEY O. STAGGERS, We st Virginia, Chairman

WALTER ROGERS, Texas

SAMUEL N. FRIEDEL, Maryland

TORBERT H. MACDONALD, Massachusetts

JOHN JARMAN, Oklahoma

LEO W. O’BRIEN, New York

JOHN E. MOSS, California

JOHN D. DINGELL, Michigan

PAUL G. ROGERS, Florida

HORACE R. KORNEGAY, North Carolina

LIONEL VAN DEERLIN, California

J. J. PICKLE, Texas

FRED B. ROONEY, Pennsylvania 

JOHN M. MURPHY, New York 

DAVID E. SATTERFIELD III, Virginia 

DANIEL J. RONAN, Illinois 

J. OLIVA HUOT, New Hampshire 

JAMES A. MACKAY, Georgia 

JOHN J. GILLIGAN, Ohio 

CHARLES P. FARNSLEY, Kentucky 

JOHN BELL WILLIAMS, Mississippi 

BROCK ADAMS, Washington

W. E. Williamson, Clerk

Kenneth J. Painter, Assista nt Clerk

Pro fessional Staff

Andrew Stevenson J ames M. Menoer, Jr .

Kurt Borchardt William J. Dixon

WILLIAM L. SPRINGER, Illinois 

J. ARTHUR YOUNGER, California 

SAMUEL L. DEVINE, Ohio 

ANCHER NELSEN, Minnesota 

HASTINGS KEITH, Massachusetts 

WILLARD S. CURTIN, Pennsylvania 

GLENN CUNNINGHAM, Nebraska 

JAMES T. BROYHILL, North Carolina 

JAMES HARVEY, Michigan 

ALBERT W. WATSON, South Carolina 

TIM LEE CARTER, Kentucky

Subcommittee on P ublic Health and Welfare

JOHN JARMAN, Oklahoma, Chairma n

LEO W. O’BRIEN, New York

PAUL G. ROGERS, Florida

DAVID E. SATTERFIELD III, Virginia

JAMES A. MACKAY, Georgia

JOHN J. GILLIGAN, Ohio

WILLIAM L. SPRINGER, Illinois 

ANCHER NELSEN, Minnesota 

TIM LEE CARTER, Kentucky

II
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C O N T E N T S

Tex t of—

H.R . 13199................................. ............. ....................... - .........................

S 3112

Report on H.R. 13199 by—

Bureau of th e Budge t............ ........... ..................... - .................................

Comptroller General of the United Sta tes________________________

Federal Power Commission-------- ----------------------------------------------

General Services Administra tion________________________________

Health, Educatio n, and Welfare, De partm ent of---------------------------

Inte rior, Depar tment of the............................................................. .........

Statem ent of—

Kops, Gerald S., second vice chairm an, Milwaukee County Board of 

Supervisors............ ....... ........... . ............... ............... ............... .............

Mac kenzie, Vernon G., Assistant Surgeon General, Chief, Division of 

Air Pollution, Public Hea lth Service, Department of Health, Education, and We lfare.------ -----------------------------------------------------

Prindle, Dr. Richard A., Chief, Bureau of S tate Services, Department 

of Health, Educatio n, and Welfare............... ............... ......... - ...........

Rehm, Fred R., deputy director, Depar tment of Air Pollution Control, 

County of Milwaukee, Wis........... ............. . ................. - ............. ........

Vivian, Hon. Weston E., a Representative in Congress from the State

of Michigan-----------------------------------------------------------------------

Additional information submitted for the record by—

American Public Power Association, Alex Radin, general manager, 

statem ent o f. ---------------------------------------- ----------------------------

Hea lth, Educatio n, and Welfare, Departme nt of:

Abatem ent actions initiate d und er the Clean Air Act as of September 29, 1966--------------------- ------- - -----------------------------

Appropriation limitations proposed for fiscal years 1967, 1968,

and 1969, background material relating to --------------------------

Budgetary estimates, 1967-72 (table)-----------------------------

Health hazards of air pollution, report on........ ......................... —

Let ter d ated July 27, 1966, re action of Department in implementing section 103(a) (4) a nd (5)(B), with attach me nt, “Programs Under Way and in Pros pect for Reducing Sulfur Oxide 

Emissions from Combustion Sources” --------------------------------

Mayors, U.S. Conference of, Joh n J. Gunther, executive director, 

letter fr om .------ ----------------------------------------------------------- -----

Milwaukee County Board of Supervisors:

Air pollution control ordinances a nd rules and regulations adop ted

by the Milwaukee County Board of Supervisors...... ........... —

Ten tative 5-year plan and objectives, County of Milwaukee Departm ent of Air Pollution Contro l-------------------------------------

Wisconsin statutes pertaining to prop erty taxes, income taxes, 

and air pollution aba tem ent insta llatio ns (effective August 1, 

1966)........... ............. ........................................................................

National Coal Association, Stephen F. Dunn, president, letter fro m .. 

Pennsylvania, Departme nt of Health, lette r from C. L. Wilbar, Jr., 

M.D., secretary of health ,......... ..................... ........... ...........................

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CLEAN AIR ACT AMENDME NTS OF 1966

TUESDA Y, SE PT EM BE R 27, 1966

H ouse of Represe ntatives,

Subcom mittee on P ubl ic H ealth and W elf are, 

of th e C ommit tee on I nterstate and F oreign C omm erce,

W ashington, D.C.

The subcommittee met at 10 a.m., pursuant to call, in room 2218, 

Rayburn Office Building, Hon. John Jarman (chairman of the subcommittee) presiding.

Mr. J arman. The subcommittee will please come to order. The 

hearings today are on H.R. 13199, S. 3112, and related bills extending 

the Clean Air Act.

In general, these bills would extend that act, which presently expires June 30, 1967, for additional periods ranging from 3 to 5 years, 

and provide an increase in the authorization for appropriations for 

the current fiscal year from $35 to $46 million.

S. 3112 and H.R. 13199 were each introduced at the request of the 

administration, and S. 3112 was reported to the Senate with amendments which were agreed to and the bill then passed the Senate on 

Jul y 12 by a rollcall vote of 80 yeas and no nays.

It is my hope tha t we can complete these hearings as expeditiously 

as possible so that we can report a bill to the full committee at the 

earliest possible date.

At this point in the record there will be included copies of the bills 

and the agency reports thereon.

(The bills and reports referred to follow:)

[H.R. 13199, 89th Cong., 2d sess.]

A BILL To amend the Clean Air Act so as to autho rize gra nts to air pollution control agencies for maintenance of air pollution control program s in addition to present author ity for gra nts to develop, establish, or improve such pro gra ms; make the use of appropriations under the Act more flexible by consolidating the appropriation authoriza­ tions under the Act and deleting the provision limiting the tot al of grants for support of air pollution control programs to 20 per centum of the tot al appropriation for any yea r; extend the d uration of the program s authorized by the A ct ; and for othe r purposes

Be it enacted by the Sena te and House of Representatives of the United States

of America in Congress assembled, That this Act may be cited as the “Clean 

Air Act Amendments of 1966.”

consolid ation of appro priation ceiling s

Sec. 2. Section 306 of th e Clean Air Act is amended to read as follow s:

“Sec. 306. There are hereby authorized to be app ropriated to car ry out this 

Act, $46,000,000 for the fiscal year ending Jun e 30, 1967, an such sums as may 

be necessary for each succeeding fiscal yea r ending prior to July 1,1973.”
2 CLEAN AIR ACT AMENDMENTS OF 19 66

AUTHO RIZATION OF MA INT ENAN CE GRANTS FOR AIR POLLUTION CONTROL PROGRAMS AND REMOVAL OF TWENTY PERCENT CEILING

Sec. 3. (a )( 1) Subsection (a) of section 104 of the Clean Air Act (33 U.S.C. 

1857c(a )) is amended to read as follow s:

“Sec. 104. (a) The Secretary is au thorized to make g ran ts to ai r pollution control agencies in an amount up to two-thirds of the cost of developing, establishing, 

or improving, and grants to such agencies up to one-half of the cost of maintaining, programs for the prevention and control of ai r pollution: Provided, Th at the Secretary is authorized to make gra nts to intermunicipal or intersta te 

ai r pollution control agencies (described in section 302(b) (2) and (4)) in an 

amount up to three-fourths of the cost of developing, establishing, or improving, 

and up to three-fifths of the cost of maintaining, regional ai r pollution control 

programs. As used in this subsection, the term ‘regional ai r pollution control 

program’ means a program for the prevention and control of ai r pollution in an 

are a th at includes the areas of two or more municipalities, whether in the same 

or different States.”

(2) Subsection (b) of such section 104 is amended by striking out “under” 

in the first sentence and inserting in lieu thereof “for the purposes of”, and by 

inse rting in the th ird sentence the word “control” afte r “a ir pollution”.

(b) Subsection (c) of such section 104 is amended to read as follows:

“ (c) Not more th an 12 ^ per centum of the total of funds appropriated or allocated for the purposes of subsection (a) of this section shall be gran ted for air 

pollution control programs in any one State. In the case of a gra nt for a program 

in an are a crossing Sta te boundaries, the Secretary shall determine the portion of 

such grant that is chargeable to the percentage limitation under this subsection 

for each State into which such are a extends.”

[S. 3112, 89th Cong., 2d sess.]

AN ACT To amend the Clean Air Act so as to authorize gra nts to air pollution control 

agencies for maintenance of air pollution control program s in addition to present 

authority for grants to develop, establish, or improve such pro gra ms ; make the use of 

appropriations under the Act more flexible by consolidating the appro priation authorizations under the Act and deleting the provision limiting the total of grants for support 

of air pollution control programs to 20 per centum of the total appropriation for any 

yea r; extend the dura tion of the programs authorized by the A ct ; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States

of America in Congress assembled, Th at this Act may be cited as the “Olean Air 

Act Amendments of 1966”.

CONSOLIDAT ION OF APPR OPRIATION CEILIN GS

Sec. 2. (a) Section 306 of the Clean Air Act is amended to read as follow s: 

“Sec. 306. There are hereby authorized to be appropriated to carry out this 

Act, $46,000,000 for the fiscal ye ar ending June 30, 1967, $70,000,000 for the fiscal 

yea r ending Jun e 30, 1968, and $80,000,000 for the fiscal year ending Jun e 30, 

1969.”

(b) Section 209 of such Act is hereby repealed.

AUTHO RIZATION OF MA INTENA NC E GRANTS FOR AIR POLL UTION CONTROL PROGRAMS 

AND REMOVAL OF 20 PER CENTUM CEIL ING

Sec. 3 (a )( 1) Subsection (a) of section 104 of the Clean Air Act (42 U.S.C. 

1857c ( a ) ) is amended to read as follows :

“Sec. 104. (a) The Secretary is authorized to make gra nts to air pollution control agencies in an amount up to two-thirds of the cost of developing, establishing, 

or improving, and gra nts to such agencies up to one-half of the cost of maintaining, programs for the prevention and control of air pollution: Provided, Th at 

the Secretary is authorized to make gra nts to intermunicipa l or intersta te air 

pollution control agencies (described in section 302(b) (2) and (4 )) in an 

amount up to three-fo urth s of the cost of developing, establishing, or improving, 

and up to three-fifths of the cost of maintaining, regional air pollution control 

programs. As used in this subsection, the term ‘regional ai r pollution control 

program’ means a program for the prevention and control of air pollution in 

an area that includes the are as of two or more municipalities, whether in the 

same or different St ates /’
CLEAN AIR ACT AMENDMENTS OF 19 66 3

(2) Subsection (b) of such section 104 is amended by strik ing out “und er” in 

the first sentence and inserting in lieu thereof “for the purposes of”, and in the 

next to the last sentence by inserting a comma afte r the word “fu nds” and adding 

“for other tha n non-recurrent expenditures,” and in the same sentence after 

the word “pollution”, the word “c ontrol”.

(b) Subsection (c) of such section 104 is amended to re ad as fo llows:

“ (c) Not more tha n 12% per centum of the total of funds appropriated or 

allocated for the purposes of subsection (a) of thi s section shall be g ranted for 

air pollution control programs in any one State. In the case of a gra nt for a 

program in an are a crossing State boundaries, the Secretary shall d eterm ine the 

portion of such gra nt that is chargeable to the perce ntage limitation under this 

subsection for each S tate into which such area extends.”

Passed the Senate July 12,1966.

A ttes t:

Emery L. Frazier,

Secretary.

Department of Health, Education, and Welfare,

Washington, D.C., Septem ber 27,1966.

Hon. Harley O. Staggers,

Chairman, Committee on Inte rstate and Foreign Commerce,

House of Repre sentatives, Washington, D.C.

Dear Mr. Chairman : This letter is in response to your request for a rep ort on 

H.R. 13199, “To amend the Clean Air Act so as to authorize grants to air 

pollution control agencies for main tenance of air pollution control programs 

in addition to prese nt autho rity for g ran ts to develop, establish, or improve such 

program s; make the use of appropriations under the Act more flexible by consolidating the appropriation authorization s under the Act and deleting the 

provision lim iting the total of g ran ts for support of air pollution control programs 

to 20 per centum of the total appropriation for any y ear; extend the d ura tion of 

the programs authorized by the Act; and for other purposes.” The bill would 

carry the short title “Clean Air Act Amendments of 1966”.

This report is also addressed to a similar companion bill, S. 3112, which (as 

amended in the Senate) is pending before your Committee.

These bills are inten ded to car ry out proposals announced by the P resident in 

his Message of Febru ary 23, 1966, on Preserving Our Na tural Heritage.

We strongly recommend the enac tmen t of this legislation. For the reason 

stated below, we recommend that this be done in the version passed by the 

Senate, with one additional amendment.

(1) Consolidation, extension, and increase of appropriation authorization.—

The Clean Air Act now authorizes appropriation s, except for title II, only 

through the current fiscal yea r (1967) for which it auth orizes $35 million; for 

carryin g out title II rela ting to control of ai r pollution from motor vehicles, 

enacted last year, it auth orizes appropriations thro ugh fiscal y ear 1969 for which 

$1,470,000 is authorized. H.R. 13199 is designed to amend section 306 of the 

Clean Air Act to consolidate the appropriation authorization s for the entire 

Act and extend them through fiscal yea r 1972. To thi s end, the bill would 

authorize for such purposes appropriations of $46 million for the fiscal y ear 1967 

and such sums as may be necessary for each of the five succeeding fiscal years. 

Through inadvertence, the repeal of t he sep arate authorizations (in § 209 of the 

Act) was omitted from the House bill; the omission is supplied in the Senate 

version. In the Senate passed bill, the appropriation authorization has been 

amended to extend only through fiscal year 1969, and the Senate bill auth orizes 

$70,000,000 for fiscal year 1968 and $80,000,000 for fiscal year 1969 in place of 

open-end authorizatio ns.

The figures contained in the Senate bill are based on estima tes furn ished by 

thi s Departm ent at the request of the Public Works Committee. However, 

neither the estimates underlying the appropriation ceiling in § 306 of t he present 

Act nor the estimates furnish ed to the Senate Committee in connection with 

S. 3112 include any amounts for construction (and initial equipment) of facili ties 

for which autho rity was conferred on us by section 103(d) of the Act enacted 

las t year, nor would the inclusion of this item in ann ual appropriation ceilings 

be a suitable approach. We therefo re recommend th at the following sentence 

be added at the end of the proposed revision of § 306 of the Act: “The foregoing 

limitations shall be exclusive -of such sums as may be requ ired for construction 

(including initial equipment) of facilities pursu ant to section 103(d).”
4 CLEAN AIR ACT AMENDMENTS OF 1966

As a by-product of industrialization and urbanization, air pollution continues 

to be a widespread and growing haz ard to, the hea lth and welfare of the United 

States. Although imp ortant progress has been made in the brief period since 

enactment of the Act in 1963, a sustained and accelerated effort is needed if the 

promise of that Act to prevent and control air pollution is to be fulfilled. We 

therefore urge favorable consideration of the proposed extension and consolidation of, and increase in, appropriation authorization, with the modification as to 

construction above recommended.

In our judgment, such consolidation is highly desirable in order to insure th at 

the adm inistra tion of the regu latory program to control pollution from motor 

vehicles, required under t itle II of the Act, will not be impaired by circumstances 

that could not be anticipate d nor provided f or under the prese nt separate autho rization. If activities under title II were provided for in the same auth orization 

as other program activities, any unexpected increase or decrease in cost might 

be absorbed by appropriate program adjustments. Such flexibility is of considerable importance, especially because title II of th e Clean Air Act prohibits the 

sale of motor vehicles not in conformance with applicable regulations and the 

industry will of necessity, in order to protect itself, need a certificate of conformity from the Secretary with respect to a re presentative test vehicle before m arketing vehicles of tha t c lass; a n undu e delay on ou r part in te sting vehicles for conformance, caused by lack of leewray to adjus t funds, would work an intolerable 

hardship and dislocation upon the automobile industry and the economy 

generally.

Another example which points out the need for consolidation of appropriation 

author ity to achieve flexibility arises from the action of Congress during its 

consideration last year of the title II legislation. A provision was added in 

Committee whereby the Secretary , upon application from a motor vehicle manufacture r, is required to issue a certificate of compliance, applicable to a production run, if after appropriate tests a new vehicle is found to meet the prescribed 

stan dards. But our cost estimates wrere furnished to the Committee before 

this provision was added, yet no corresponding change was made in the title 

II appropriation authorization to reflect the added cost of vehicle or engine 

testing which would be requ ired under thi s provision. Consolidation of appropriation authorization would perm it such problems to be dealt with adm inistratively w ithin the scope of the whole Act.

(2) Grants for maintenance of air pollution control programs.—The bills 

would amend § 104(a) of the Clean Air Act to add—to the present author ity for 

grants to develop, establish, or improve air pollution control programs—an 

authorization for the Secretary to make gra nts to ai r pollution control agencies 

in an amount up to one-half of the cost of maintaining programs for the prevention and control of air pollution, and to make gra nts to intermunicipa l or inter ­

sta te air pollution control agencies in an amount up to three-fifths of the cost 

of maintaining regional air pollution control programs. (The U.S. Code c ita ­

tion for § 104 of the Act should be 42 U.S.C. 1857c(a), as in the Senate bill, 

rather tha n 33 U.S.C. 1857c(a).) The bills would also change section 104(a) 

of the Act to remove the limitation that no more tha n 20 percent of the sums 

appropriated annually under the Act may be used to make gra nts under that 

section. The bills would also provide technical amendm ents to section 104(b) 

of the Clean Air Act for clarification purposes. The Senate bill (as passed by 

the Senate) would in addition amend section 104(b) by providing that in order 

to mainta in eligibility for gra nts an agency need no longer meet its total level of expenditures of non-Federal funds for the prio r fiscal year for air pollution 

contr ol; the agency would only have to match its level of recurrent expenditures.

Additionally, both bills would amend section 104(c) of the Clean Air Act to 

provide th at in the case of a gra nt for a program in an area crossing State 

boundaries, the Secretary would determine the portion of such gra nt that is 

chargeable to the 12% percent limitation imposed by the Act for air pollution 

control program gran ts in any one State.

Section 104 of the Act at present auth orizes grants to air pollution control 

agencies only in suppo rt of the cost of developing, establishing, or improving 

programs for the prevention and control of a ir pollution. This approach autho rizes a Federal role limited to providing an initial stimulation of program improvement and subsequent withdrawal of supi>ort on the assumption or hope 

that non-Federal funds will be available to sub stitute for the Federal share. 

We believe that this limited role is not adeq uate for dealing with the problem 

nationally, nor appropriate for full implementation of the declared Federal
CLEAN AIR ACT AMENDMENTS OF 19 66 5

policy. In enacting the Clean Air Act, the Congress estab lished this policy through its finding, a s contained in section 101, “that the prevention and control of air pollution at its source is the prim ary responsibility of States and local government; and . . . th at Federal financial assistance and leadership is essen­ tia l for the development of cooperative Federal, State, regional, and local pro­ grams to prevent and control air pollution”. The main tenance and continuation of expanded efforts by State and local air pollution control agencies will require in the future n ot only stim ulatory g ran t assistance but su staining g ran ts as well. Sustainin g grants, as proposed by these bills, will more adequately reflect the stron g Federal intere st and responsibility in ai r pollution control and should significantly improve the effectiveness of programs in giving impetus to gre ater 

Sta te and local action. The above-mentioned modification, contained in the Senate bill, of the main- tenance-of-effort requirement of § 104(b) of the Clean Air Act—which would apply to both the new maintenance gran ts and the establis hment and improvement 

* gra nts und er ex isting law—is substan tially a s suggested by us in testimony before the Senate Committee. The pre sent law (the thir d sentence of § 1 04 (b)) provides th at no agency may receive a gra nt during any fiscal year if its expenditures of non-Federal fund s for a ir pollution programs will be less tha n such expe nditures in the preceding fiscal year. Over a period of years, m any factors may justifiably cause the level of expenditures necessary to maintain an effective program to fluctuate, such as, for example, non-recurrin g costs of equipment or facilitie s acquisition, or the conduct of special studies concerning ai r quality, special types of sources, or other matters. S. 3112 was therefore amended to modify § 104 of the Act by excluding non-recurring expenditures from the requirement of match­ ing the prior year’s expen ditures. This is practical. Where the overall work ­ ability of the program is not impaired, fluctuations in expe nditures resulting from changes in non-recurring costs should not make agencies ineligible for Federal 

Matching gr ant Support. The bills, as above stated, would also amend section 104 of the Clean Air Act to delete the provision limiting the total for gra nts in supp ort of ai r pollution control programs to 20 percent of the total appropriation under the Act for any year. The existing limitation is undesirable, we believe, in imposing a fixed rela tion ship between such gra nt funds and the to tal appropriations for all Fe dera l ai r pollution activ ities. Air pollution and the possibilities for control action are subject to rap id change. Over a period of time, the pa tte rn of needs and desirable program balance with respect to research, technical assistance, training, Federal abateme nt activities, gra nts to Sta te and local control agencies, and other ac­ tivities may vary considerably. We therefo re believe it would be wise to leave the determination of the relativ e emphasis to be given to each of these activ ities to judgm ents based upon overall requirem ents existing a t any given time. In conclusion, for the reasons stated above, we urge the prompt enactmen t of this legislation, with the improvements and corre ction s contained in the Senate- passed version and the additional amendment (relating to construction and initia l equipment) above recommended. We a re advised by the Burea u of the Budget that the enactme nt of legislation as above proposed would be in accord with the prog ram of the Presid ent. 

Sincerely, J ohn W. Gardner,

r Secretary.

Department of the I nterior, 

Washington, D.C., Septembe r 27,1966.

• Hon. Harley O. Staggers,

Chairman, Committee on In ter sta te and Foreign Commerce,

House of Representatives,

Washington, D.C.

Dear Mr. Staggers : Your Committe has requested this Departme nt’s report 

on H.R. 13199, a bill “To amend the Clean Air Act so as to authorize gra nts to ai r pollution control agencies for main tenance of air pollution control programs in addition to present autho rity for gra nts to develop, establish, or improve such prog rams; make the use of appropriations under the Act more flexible by con­ solidating the ap propriation authoriz atio ns und er the Act and deleting the provi­ sion limiting the tota l of g ran ts for supp ort of air pollution control programs to 20 per centum of the total appropriation for any ye ar; extend the duration of 

the programs authorized by the Act; and for other purposes.”
6 CLEAN AIR ACT AMENDMENTS OF 19 66

The bill is intended to extend and increase the appropriation authorization for 

title I of the Clean Air Act, as amended. It extends the program to Jun e 30, 1973, 

and auth orizes an annual appropriation of $46 million for the fiscal ye ars beginning Jun e 30,1967, through Jun e 30,1973. It also removes the percentage limitation on the amount of ap propria tion s available for g ran ts for ai r pollution control 

programs.

This program is administered by the Department of Health, Education, and 

Welfare, and we defer to i ts views.

The Bureau of the Budget has advised th at there is no objection to the presentation of this repo rt from the stan dpoin t of the Administration’s program.

Sincerely yours,

Charles F. Luce,

Acting Secretary of the Interior.

Bureau of the Budget, 

Washington, D.C., September 27, 1966. Hon. Harley O. Staggers,

Chairman, Committee on Inters tate and Foreign Commerce, House of Representatives, Rayburn House Office Building, Washington, D.C.

Dear Mr. Chairman : Your lette r of March 7, 1966, requested the views of the 

Bureau of the Budget on H.R. 13199, “To amend the Clean Air Act so as to authorize gra nts to air pollution control agencies for main tenance of ai r pollution 

control programs in addition to present autho rity for gra nts to develop, estab ­

lish, or improve such program s; make the use of appropriations under the Act 

more flexible by consolidating the appropriation authorization s under the Act 

and deleting the provision lim iting the tota l of grants for supp ort of a ir pollution 

control programs to 20 per centum of the total appropriation for any ye ar ; extend the duration of th e program s authorized by th e A ct ; an d for other purposes.”

This bill carries out proposals contained in the President’s Message of Feb ruary 23, 1966, “Pre serving Our Na tur al Heritag e.” We are therefo re in full accord with the inte nt of the legislation. However, for the technical reasons outlined in the report of the Departm ent of Health, Education, and Welfare on 

H.R. 13199 and S. 3112, we prefer enactmen t of the Senate version of the bill 

(S. 3112) with the amendment noted in t he report of the Department of Health, 

Education, and Welfare.

The HEW amendment concerns the need to provide for the construction of 

facilities within the auth oriz atio n ceilings proposed in the Senate version of the 

bill. HEW has sugested language to deal with this matter. We would sugest 

th at the Committee consider as a possible altern ative to the HEW language the 

language contained in section 2 of H.R. 13199 a uthorizing “such sums as may be 

necessary.”

Subject to the above comment, we favor the enactment of the Senate version 

of H.R. 13199 (S. 3112) as being part of the Pre sident’s legislative program.

Sincerely yours,

Wilfred H. Rommel, Assita nt Director for Legislative Reference.

Federal Power Commission, 

Washington, D.C., A ugust 26, 1966. Hon. Harley O. Staggers,

Chairman, Committee on Inter sta te and Foreign Commerce, House of Representatives, Washington, D.C.

Dear Mr. Chairman : In response to your request of March 7, 1966, we enclose 

thre e copies of the report of the Fed eral Power Commission on the subject bill, 

H.R .13199.

We contemplate release of this report by the Commission to the public w ithin 

three working days from the date of th is lette r unless there is a requ est th at its 

release be withheld.

The Bureau of the Budget advises us that there would be no objection to the 

presenta tion of this report from the standpo int of the program of the President.

Sincerely,

Lee C. White, Chairman.
CLEAN AIR ACT AMENDMENTS OF 19 66 7

Federal Power Commission Report on H.R. 13199

The proposed amendments in this bill, which relate principally to the authorization and financing of Federal grants, would extend the duratio n of the 

air pollution control programs under the Clean Air Act (42 U.S.C. 1857-18571) 

until July 1, 1973; auth orize gra nts for maintenance as well as development, 

establish ment or improvement of such progra ms; and make the use of appropria tion s fo r direct research and abateme nt activities under the Act more flexible by consolidating the appropriation auth orizations, increased to $46,000,000 for 

fiscal 1966-1967, and by deleting the provision which limited the total of grants 

for the supp ort of a ir pollution control programs to 20% of the total appropriation for any year. The Congressional concern for control of ai r pollution is manifested in 

ways which affect the electric utility industry by the Clean Air Act of 1963; the 

Clean Air Act Amendments of 1965; and the furth er amendments now pending 

to expand the existing program. The Act now provides federal gra nts to technical and financial assistance to state and local agencies to help them develop 

air pollution control and prevention programs. Thu s Congress is encouraging 

local regulation of stack emissions and oth er pollution sources. It is now proposed also to provide grants toward main tenance of these regu latory programs 

once initiated. The Clean Air Act also provides for federal regulation of automotive pollutants and for federal contribution for research and development.

The Federal Powe r Commission does not adm inister researc h programs or 

pollution control and abateme nt programs under the Clean Air Act, nor is it 

responsible for any gra nts or financial assistance programs thereund er. This 

Commission’s intere st in air pollution problems stems from the use of fossil 

fuels in the generation of electric energy. The Commission’s National Power 

Survey Report, issued in 1964, gives prominent recognition to the problems of air 

and water pollution and the ir significance in rela tion to the design, location, 

and operation of large therm al-electric plants and the report points up the 

possibilities for combatting air pollution through mine-mouth generation and 

gre ater interconnection of utility systems. The air pollution issue has been presented to us in a number of gas certificate matters under the Na tur al Gas Act 

involving boiler fuel uses of gas in metropolitan area s. Increasing use of large 

nuclear plants for baseloading also will alleviate air pollution in many areas. 

Unlike plants operated with fossil fuels, nuclear plants do not emit organic 

wastes or carbon dioxide. Because it is more difficult to control emissions from multiple sources like 

automobiles tha n to control single sources like power plants, the possibility 

of electric-powered cars is of particular intere st to air pollution officials, as 

well as the electric power industry. The automobile is the chief source of the 

air pollution problem s plaguing a number of larg e metropolitan areas. Some 

engineering research has been going on with respe ct to such ma tters as the 

amount, cha rac ter and control of autom otive exh aus t and crankcase emissions, 

but with less tha n complete success, so fa r as we are able to determine. We 

believe th at a balanced research program will continue to devote funds to such 

conventional research. In orde r to mainta in a balanced resea rch program with respect to auto exhaust 

emissions, substantial funds should be provided for research and development 

of cleaner b urning fuels, and reduction o r elimination of pollutan ts emitted from 

conventional intern al cumbustion engines. We believe such research will have 

an immediate as well as significant long-term effect on the air pollution problem 

without producing the corresponding adverse financial impact on sta te and 

federal tax revenues. Electric-powered automobiles, however, are a new way of atta cking the air 

pollution problem and if successful, could contribute greatly to its solution. 

Although there has been a revival of intere st and some progress in vehicles 

of this type in recent years, some imp ortant technological breakthroughs are 

still requ ired before they can compete successfully with the gasoline-powered 

automobile. Presently available battery-operated vehicles have a maximum 

range of approximately 75 miles between charges. If such cars can be produced and operated at sufficiently low cost and the range limitat ion overcome, 

they might achieve considerable popularity as the second or third ca r in a 

household, to be used for relatively sho rt erra nds. Much p rogress remains to be 

made in this field, a s well as in the development of the fuel cell as a practic al 

and economical source of power for this purpose. (See Report of the Surgeon
8 CLEAN AIR ACT AMENDMENTS OF 19 66

General, “Motor Vehicles, Air Pollution, and Health ,” H. Doe. No. 489, 87th 

Cong., 2d Sess., p. 29.)

The Federal air pollution program offers gre at opportunity for the electric 

utility indu stry, particularly in the resea rch sphere. In commenting last year 

to the Senate Public Works Committee on the Clean Air Amendment bill (S. 

306, 89th Cong.), the Federal Powe r Commission urged that Federal air pollution control resea rch be directed in pa rt to revolutionary advancements, such 

as rechargeable batteries for motor vehicles and electrified mass tran sportation, 

to handle at least pa rt of the traffic now driven by internal combustion engines. 

The Commission noted that energy conversions in modern electric power plan ts 

are f ar more efficient than those in internal combustion auto engines, so tha t the 

total pollutant potentia l would decrease, and the combustion refuse would be 

concentrated where it could be better controlled. The batteries would normally 

be charg ed during the night, when power system loads are at a minimum, thus 

furth er improving the efficiencies of the electric power system operations. The 

Commission recognized the electric battery research support by Edison Electric 

Ins titu te, but concluded that the present scale of the effort is not likely to resu lt 

in rapid progress. Since enactment of the 1965 Clean Air Amendment (P.L. 

89-272, 79 Stat. 992), the Adm inistratio n has proposed a modest initial apropriation for 1967 to the Department of Health, Education and Welfare of one 

hundred thousand dollars for planning research to explore alte rna tives to the 

inte rnal combustion gasoline engine, partic ularly in the area of fuel cells and 

battery-operated vehicles. See the Pre sident’s 1967 Budget Message (H. Doc. 

No. 335), Vol. 112 Cong. Rec. (Jan ua ry 24, 1966), p. 857, 862; House Appropria­ tions Subcommittee Hearings, 89th Cong., 2d Sess., Pa rt 3, pp. 559-560. We 

strongly urge tha t any furth er plans for undertaking and financing air pollution 

research programs provide for intensified research and development of rechargeable storage batte ries and fuel cells suitable for widespread use in motor vehicles 

as an appropriate measure for aidin g in the solution of the acute automotive 

air pollution problems now confronting our large metropolitan areas. More 

active Federal support and leadership in thi s imp ortant field, in our opinion, 

would tend to stimulate non-governmental research efforts and give added incentive to the indu strie s concerned to ca rry forw ard developmental work along these 

lines.

While the Commission recognizes the importance of appropriate measures 

to furth er ai r pollution control, we offer no comments on the merits of the 

amendments proposed in H.R. 13199 and the ir fiscal aspects, except to suggest 

that serious consideration be given to the adequacy of auth orizations for 

research and development of electrified mass transp ortation media and of 

rechargeable storage batteries and fuel cells for motor vehicula r use, in addition to the funding of tra dition al ai r pollution resea rch areas.

Comptroller General of the United States,

Washington, D.C., April 5,1966. Hon. Harley O. Staggers,

Chairman, Committee on Int ers tate and Foreign Commerce,

House of Representatives.

Dear Mr. Chairman : This is in reference to your letter of March 7, 1966, requesting our comments on H.R. 13199, a bill to amend the Clean Air Act.

We have no special information concerning the subject ma tter of the bill and 

therefore have no recommendations as to the m erits of the proposal.

It is noted that section 3(a )( 1) of the bill has an erroneous citation. The 

reference to “33 U.S.C. 1 857c(a) ” should be “42 U.S.C. 1857c(a).”

Sincerely yours,

Frank H. Weitzel,

Assistan t Comptroller General o f the United States.

General Services Administration,

Washington, D.C., April 16,1966. Hon. Harley O. Staggers,

Chairman, Committee on In ter sta te and Foreign Commerce,

House of Representatives, Washington, D.C.

Dear Mr. Chairman : Your lette r of March 7, 1966, requested such comments

as the General Services Adm inistration may desire to make on H.R. 13199, 89th
CLEAN AIR ACT AMENDMENTS OF 196 6 9

Congress, a bill “To amend the Clean Air Act so as to auth orize gra nts to air 

pollution control agencies for main tenance of ai r pollution control programs in 

addition to present authority fo r grants to develop, establish, or improve such program s ; make the use of appro priations under the Act more flexible by consolidating the appropriation authorization s under the Act and deleting the provision 

limiting the total of gra nts for support of ai r pollution control programs to 20 

per centum of the total appropriation for any ye ar; extend the dur ation of the 

programs authorized by the A ct; and for other purposes.”

The purpose of the bill is stated in the title.

Inasmuch as the proposed legislation would not affect the functions and responsibilities of GSA, we have no comment to make as to the desirab ility of the 

enactmen t of H.R. 13199.

The Bureau of the Budget has advised tha t, from the stan dpoint of the Admin istratio n’s program, there is no objection to the submission of thi s rep ort to 

your Committee.

Sincerely yours,

Lawson B. Knott, Jr.,

Administrator.

Mr. J arman. The first witness this morning is our colleague from 

Michigan, Hon. Weston E. Vivian. Mr. Vivian, we will be glad to 

hear you at this time.

STATEMENT OF HON. WESTON E. VI VIAN , A RE PR ES EN TA TIVE IN 

CONGRESS FROM TH E STA TE OF MICHIGA N

Mr. Vivian. Mr. Chairman, I am very interested in H.R. 17101, a 

bill which will strengthen and continue the effort for a cleaner atmosphere. As I believe you are aware, I have submitted bill H.R. 16368, 

a companion bill. I appreciate the opportunity to testify this morning and I urge the approval of this legislation. Before I begin, let 

me commend the pioneering work of your committee on abatement of 

air pollution, especially the constructive way in which you have 

fostered the program already under way under Public Law 84-159.

Several months ago, the Subcommittee on Science, Research, and 

Development, of which I am a member, of the Committee on Science 

and Astronautics, initiated a series of hearings to determine the adequacy of current technology for pollution abatement. A report is 

being prepared which will detail our findings, but I want to bring 

to your consideration at this time several personal observations from 

these hearings which should be of interest in connection with H.R. 

17101.

At least three critical problems deserving increased attention were 

evident in our brief review of air pollution.

First, we heard tha t even if we adopt and put into full use the most 

advanced methods of eliminating pollutants from the exhaust gases 

of internal combustion engines, nevertheless, by 1980, we will still 

suffer from a smog level equal to today’s level in our most troubled 

cities. The automobile “population explosion’’ will be great enough 

to simply wipe out the gains made in each individual car.

We must begin now to develop an alternative means of propulsion 

for personal transp ortation devices. Fuel cells, novel gas turbines, 

and batteries all offer promise.

Second, the enormous quantities of sulfur oxides emitted from the 

stacks of fossil fuel powerplants constitute a ontinuing threat in 

many urban areas. When mixed in stagnant air with dispersed dust 

particles, sulfur dioxide can hasten the death of the ill, the weak and
10 CLEAN AIR ACT AMENDMENTS OF 19 66

the old, and bring breathing discomfort to many others. The Donora, 

Pa. and London, England disasters remind us of the grave, potential 

hazard posed. Because our supplies of low sulfer content coals are 

small and costly to mine, and because our demand for fossil fuels rises 

year by year, it is essential that we find ways either to remove sulfur 

from the available fuels, or to remove the sulfur oxides from the 

stack gases. Every gas cleaning process tried so far has been quite 

costly. More research should be stimulated. Furthermore, our local, 

State, and National agencies need more definite information on what 

maximum concentration of sulfur dioxide is allowable in air in populous areas, so that meaningful air quality standards can be set to guide 

enforcement actions.

Finally, year by year, the carbon dioxide content of the earth ’s 

atmosphere appears to have increased, even though slightly, as we 

have increased combustion of carbon fuels worldwide. Is this continuing increase of consequence? A number of competent scientists 

believe th at the “greenhouse” atmosphere warming effect supposedly 

produced by the increasing carbon dioxide content is very alarming. 

Are they right ? What are the remedies ? Immediate worldwide conversion to nuclear power ? Wha t hazards does that pose ? Decisions 

in this field of enormous consequence may face the coming generation. 

Let us help them by accumulating the facts now that will be needed for 

any competent decisions.

Mr. Ch airman, a number of other areas of needed research in air 

pollution were uncovered in our review, and I am sure your careful 

questioning of expert witnesses may have revealed many more. It 

appears to be sad, but true, th at our great urban areas may never again 

have really clean air. But with your efforts they can at least look 

forward to no further worsening of the situation, and hopefully, at 

least somewhat, cleaner air. Without further and timely research on 

this question, however, the days of the future may be literally, as well 

as figuratively, dark indeed.

Mr. J arman. Are there any questions? If not, we thank you for 

your appearance, Mr. Vivian.

Mr. Vivian. Thank you, Mr. Chairman.

Mr. J arman. Our next witness will be Mr. Gerald H. Kops, supervisor, Milwaukee County Courthouse.

STA TEM ENT OF GERALD H. KOPS, SECOND VIC E CHAIRMAN, MILWA UK EE COUNTY BOARD OF SUP ERV ISO RS; AND FRED R. REH M,

DEP UTY DIRECTOR , DEPAR TMENT OF AIR POLLUTION CONTROL,

COUNTY OF M ILW AUKEE, WIS.

Mr. K ops. Mr. Chairman and members of the committee, my name 

is Gerald H. Kops, and I am second vice chairman of the Milwaukee 

County Board of Supervisors, and chairman of the legislative committee of that board.

I wish to th ank you for the opportunity to appear at your hearing 

today and I would like to introduce you to Mr. Fred R. Rehm, the 

deputy director of Milwaukee County’s Department of Air Pollution 

Control and our technical expert in the matters of air pollution.

Mr. Rehm is a graduate, registered professional chemical engineer 

who has published many technical articles in this field. Mr. Rehm
CLEAN AIR ACT AMENDMENTS OF 19 66 11

has held chairmanships of numerous committees of the A ir Pollution 

Control Association, the American Society of Mechanical Engineers, 

the American Public Works Association and many other technical 

societies.

At the present time, he serves as an incineration consultant to the 

National Academy of Sciences and as a radiological consultant to the 

Department of Defense for whom he has directed various fallout pr ojects at five of the Nexada atomic test series.

He has been asked by the U.S. Public Health Service to appear on 

the program of the 1966 National Air Pollution Conference in Washington in December. Mr. Rehm will present a statement representing 

the views of the Milwaukee County Board of Supervisors concerning 

bill H.R. 13199.

Thank you very much, Mr. Rehm.

Mr. Rehm. Mr. Chairman and members of the committee, my name 

is Fred R. Rehm, and I am deputy director of Milwaukee County’s 

Department of A ir Pollution Control. I wish to thank the committee 

for the opportunity to appear here today and to present the views of 

the Milwaukee County Board of Supervisors with regard to H.R. 

13199—the 1966 Amendments to the Clean Air Act.

Milwaukee County initiated one of the first countywide, or regional, 

air pollution control programs in this country in June 1948. A fulltime, well-staffed, air pollution control program has been underway 

in this community since that time.

You will note that Milwaukee County, therefore, preceded the Fed ­

eral Government into the air pollution control field by 7 years and 

tha t we preceded even much troubled Los Angeles County in this 

effort.

A city of Milwaukee smoke and air pollution control program had 

been in effect in this area since 1904, and was one of the first such programs in any m ajor city of this country. I would be remiss if I did 

not point out that Milwaukee County has taken significant steps and 

has made considerable progress in its program to clean the a ir of this 

community. We have operated a well-equipped laboratory for 16 

years and are one of the pioneer air pollution control agencies in the 

measurement of air pollution emissions at the source—the effective 

and logical point for controls.

We have devoted full-time, effective attention to our multitude of 

stationary sources of air pollution and have also devoted due attention 

to our motive power sources (autos, trucks ?

 buses, trains) and to the 

many marine sources that are frequent visitors to our excellent port 

facilities.

It is not my intention to take this committee’s valuable time to detail 

for you the progress in Milwaukee County’s active air pollution control 

program. To do so would be an affront on this committee; however, 

the above brief account of this background will be helpful to you to 

understand our present position with respect to H.R. 13199.

By the same token tha t we admit to considerable progress in our 

efforts to date, we are the first to admit th at a great deal more must be 

done to cope with this rapid ly evolving field as man is compelled to 

learn to live with, and to control, his ever-increasing aerial wastes.

To this end, the Milwaukee County Board of Supervisors at its 

meeting of September 15, 1966, unanimously approved a 10-point 5- 

year plan and objectives for its air pollution control program which
12 CLEAN AIR ACT AMENDMENTS OF 196 6

when implemented will continue Milwaukee County in the forefro nt 

of those major cities seeking and finding workable solutions to this 

growing problem.

With the support of Milwaukee County, th e State of Wisconsin was 

one of the first States in the Nation to enact favorable income and 

property tax concessions for the installation of air pollution control 

facilities. Such legislation has been in effect since 1953 and was again 

modified to be effective August 1,19 66, to provide the most liberal tax 

considerations for air pollution control facilities in the Nation.

I will not burden this committee with details of our 5-year plan and 

objectives, nor of the newest Wisconsin tax benefits. Instead, I have 

appended a copy of both of the documents detailing these two items 

to my prepared statement for inclusion in the record, if the committee 

so chooses.

Mr. J arman. They will be received.

(The information referred to follows:)

County of Milwaukee Department of Air Pollution Control Tentative

5-Year Plan and Objectives

1. CONDUCT AN AIR QU AL ITY MO NITORING AN D A SS ESS M ENT PROGRAM

In November, 1965 an application was filed for a Fed eral gra nt under the 

Clean A ir Act (Pu blic Law 88-20 6) to co nduct an ai r q uali ty m onitor ing program. 

In this projec t, a comprehen sive study is plann ed to assess the exten t and tren ds 

of Lhe gas and suspended par ticula te matter phase of the ai r pollution problem of this community. Twenty-four-hour-per-day, seven-day-a-week stud ies will be 

made of the concentra tion of some of the more seriou s ai r polluta nts—SO2

, NO2

, O3

, HC, CO, and suspended par ticula tes —at 5 or 6 different locations over a 

two- to three -year period. As a result of the ini tial study, this proj ect may lead 

the Departme nt to—

(a ) An exten sion of the contin uous monitoring progr am for a number of 

year s for any one, or more, of the above pol lutant s where conc entrations 

of these polluta nts are measured th at approach a serious level.

(b ) The init iati on of a source emission inven tory of any one, or more, of 

these poll utan ts found to exist in concentration levels considere d to be 

appro aching serious proportions.

(c ) Esta blish the effect on p ollu tant conc entration s of local meteorological 

and topog raphic al conditions—for example, the effect of Lake Michigan’s 

on-shore and off-shore breezes on pollutio n buildup, the effect of southe rly 

winds bring ing Chicago are a pollution to add to our own emission sources, 

etc.

(d ) Make recomme ndations for legislation to estab lish source emission 

limi tatio ns for any, or all, polluta nts reach ing serious concentration levels.

Sta tus

1. We have been notified th at we will shor tly receive an appro val Certificate 

from the U.S. Public Hea lth Service th at we ha ve qualified for the U.S. gra nt and 

th at we can proceed as per our proj ect appli catio n by advan cing local funds 

until U.S. fund ing is received ($12 ,978 for each of three ye ar s). Prel iminary 

work on this proje ct h as been ini tiated.

Needed to implement

1. It is becoming increa singl y evide nt th at the Departm ent will need the 

services of a skilled equipm ent and labo rato ry techn ician to service, mai ntain 

and operate the growing amount of scientific equipment acquir ed by the Depar tment to operate effectively and efficiently in this field. To ignore this need will 

mean the dilution and diversion of our limite d professional, technical resources 

from the imp orta nt stack testing program. Such a need will probably be more 

definitely established after the first yea r of study unde r this gran t. It is believed th at the U.S. fund s can be diverted to cover thre e-fourths the cost of this 

new position under our grant. This man will be used in dat a anal ysis and 

eval uatio n of the monitoring study and in the upkeep and servicing of the
C L E A N AI R A C T A M E N D M E N T S O F 1 9 6 6 1 3

$22,000 of elec tr o nic la b orat or y a n d fiel d test e q ui p me nt t he De p art m e nt pres e ntl y

has o n ha n d a n d t he a p pr o xi m atel y $8,000 of ne w e q ui p m e nt t h at will be 

ac q uire d u n d er t his pr oject. Esti mat e d c ost —$9,5 00/ y ear.

2. E S T A B LI S H A C O N T I N UI N G T R AI NI N G A N D P U B L I C I N F O R M A T I O N P R O G R A M

T he De p art m e nt has bee n d ele gate d t h e re s p o n si bilit y b y la w t o —

P u bli s h a n d disse mi nate i nf or mati o n o n ai r p oll uti o n re d u cti o n a n d c o n ­

tr ol a n d t o e nlist t he c o o perati o n of ci vic, tec h ni cal, scie ntific a n d e d uc ati o n al 

s ocieties.

Wit h t he gr o wi n g p u blic a ware ne ss a n d t he ra pi d tec h n ol o gical de vel o p m e nts 

i n t he ai r p oll uti o n fiel d, t he re is a ra pi dl y de vel o pi n g nee d f or t he De p art m e nt 

t o esta blis h a n or ga nize d trai ni n g a n d p u blic i nf o r mati o n pr o gra m. T he nee d 

e xists at pres e nt f or t he De p art m e nt t o —

( а) Or ga nize, de vel o p, a n d c o n d uct tec h nical trai ni n g c o ur ses f or t he 

f oll o wi n g cate g ories of pe o pl e:

(1) I n d u strial Pla nt E n gi neers.

(2 ) Arc hitects a n d C o ns ulta nts.

(3) Heati n g, S h eet M etal a n d Ve ntilati o n C o ntra ct or s.

(4 ) O perati n g E n gi neer s a n d Fire me n.

(5) I nci ne rat or C o ntr act ors.

(6 ) I nser vic e Trai ni n g f or De p art m e nt I ns pe ct ors.

( б) P u bli s h peri o dicall y a ne ws o r i nf o r mati o n piece ai me d at t he ge neral 

p u blic t o ac q u ai nt t he m wit h t he De p art m e nt’s eff orts, pr o gra ms a n d de ­

vel o p me nts i n t his fiel d.

(c) A u g me nt a n d e x pa n d t he p u blicati o n of its tec h nical re p ort s o n s pecific 

air p oll uti o n pr o ble ms a n d s ol uti o ns.

( d) Assist i n f ulfilli n g t he i ncr easi n g n u m ber of re q u ests f or p u blic, ci vic 

a n d tec h nical s ociet y s pea ki n g e n ga ge me nts.

Nee de d t o i m ple me nt

1. T he nee d f or a tec h nicall y orie nte d trai ni n g a n d p u blic i n f or m ati o n ma n has 

bee n e sta blis he d t o car r y o ut all f o ur of t hes e f u ncti o ns. A p ositi o n ha vi n g t hese 

d uti es a n d res p o nsi bilities s h o ul d be s o u g ht i m me diat el y.

Esti mat e d C ost —$9,000/ year.

3. C O N T I N U E T H E D E V E L O P M E N T A N D E N A C T M E N T O F C O M P R E H E N S I V E R U L E S A N D

R E G U L A T I O N S G O V E R NI N G N E W N O N C O M B U S T I O N P R O C E S S I N S T A L L A TI O N S

T he A d vis or y B oar d, ai de d b y t he De p art m e nt’s staff, has u n d erta ke n t he d e ­

vel o p me nt of c o m pre h e nsi ve R ules a n d Re g ulati o ns g o ver ni n g all Ne w I n st alla ­

ti o ns ca pa ble of a d di n g air p oll uta nts t o t he c o m m u nit y’s at m os p here. U p o n 

de vel o p me nt of pr o p ose d R ules a n d Re g ulati o n s, t he A d vis or y B oar d has assi ste d 

t he De p art m e nt i n see ki n g fa v o ra bl e acti o n b y t he C o u nt y B oar d o n its rec o m ­

me n dati o ns. T o date, c o m pre h e nsi ve R ules a n d Re g ul ati o n s a n d Per mitti n g pr o ­

gra ms t o ha ve bee n a d o pte d f or Ne w C o m b usti o n Pr oces s a n d I nci ne rat or I n stal ­

lati o n s. T he f oll o wi n g ge neral are as re q uire si milar treat m e nt, it is felt, a n d 

i n t hi s a p pr o xi mat e or de r of i m p orta nce rel ati v e t o t he c o ntri b uti o n of t hese 

pr ocesses t o t h e c o m m u nit y’s ai r p oll uti o n :

( а) Metall ur gical Pr ocesses.

( б) C o nstr ucti o n I n d ust r y Pr ocesses.

(c) Drie rs, Kil ns, O ve n Pr ocesses.

( d ) Or ga nic S ol ve nt Pr ocesses.

(e) Grai n Pr ocesses.

Stat us

1. R ules a n d Re g ulati o ns a n d Per mitti n g pr o gra m s ha ve bee n esta blis h e d a n d 

a d o pte d f or Ne w C o m b usti o n a n d I nci ne rat or I nstallati o n s wit hi n t he pa st 1 % 

years a n d 6 m o nt hs, res pecti vel y. N o ne w staff was a d de d t o i m ple m e nt t hese 

pr o gra ms.

2. T he resea rc h, i n d ustr y c o nta ct, de vel o p me nt, writi n g a n d le gislati v e g ui da nc e 

i n t he realizati o n o f t he earlier pr o g ra m s ha v e lar gel y bee n as t he al m o st e xcl u ­

si ve eff ort of t he De part me nt’s De p ut y Dire ct or. It is e x pecte d t h at t his sa me 

e m pl o yee will car r y t he basic w or k l oa d i n all f ut ur e eff orts t o esta blis h a s o u n d 

a n d reas o na ble tec h nical le gislati v e pr o gra m i n t he re m ai ni n g fiel ds. It is 

e x pecte d t h at t he ti me ta bl e i n v ol ve d her e t o c o m pletel y esta blis h a Per mitti n g 

pr o gra m c o veri n g all of t hes e ne w pr ocess i nstall ati o ns will e xte n d be y o n d a

6 9 - 1 0 0 O — 6 ©----- 2
14 CLEAN AIR ACT AMENDMENTS OF 19 66

5-year period under the curre nt method of approach because of the extensive 

time demands involved in developing such a comprehensive Legislative program 

which then in each case must be implemented by the estab lishm ent of a working 

Permitting and Inspection Program. The implementation of this program will 

require a second source test team consisting of a Te st E ngineer and Test Engineering Aide. Even as of now, the present single source test team is falling badly 

behind as they are being diverted to other assignments (general air quality 

monitoring, specific area studies, augmenting the incineration permittin g program, 

etc.).

Needed to im plement

1. There is a definite need established by th e present perm ittin g system (Combustion Process, Inc inerato rs) for a Supervisory Inspector position to be established from a promotional exam ination from our Inspector spec ialist ranks. As 

soon as Rules and Regulations and a Per mittin g system are established in the 

Non-Combustion process field, the need fo r this position will be urgent. Estimate d 

Cost—$9,500/yea r.

2. A need is rapidly becoming evident for a second source test team as the 

Permittin g program is expanded to the Non-Combustion process field. This will 

entail the ad dition of two men for this fu nctio n (Test Engineer, Test Engineering 

Aide). Estimated Cost—$15,000/year.

4. ESTA BL ISH A COUNTYWIDE LIC EN SIN G PROGRAM FOR HE ATING AND VENTILA TION

CONTRACTORS, OPERATING ENG INE ERS AND FIR EM EN , AND INCINERAT OR CONTRACTORS

AND SUPPLIE RS

At the request and initiation of the Heating, Ventilatio n and Sheet Metal 

Contractors, and their affiliated Labor organizations, legislation was enacted 

(which became effective in November, 1965) perm ittin g Milwaukee County to 

license H eating and Air Conditioning Contractors. It is felt th at such a program, 

if initiate d, should logically be administered by this Departm ent as it is currently in regular contact with this segment of our local industry in its present 

perm ittin g program covering the combustion fields.

It is also felt that a County-wide licensing program covering Operating Engineers and Firemen is needed to strengthen the control of air pollution caused 

by operating personnel. At present, only a City of Milwaukee licensing program 

of these groups is in effect. Outside the City of Milwaukee, there are no uniform 

requirements for personnel operatin g heating and power equipment, all of which 

a re potential sources of serious a ir pollution emissions.

Needed to implement

1. The development of a suitable Milwaukee County Ordinance under Sta tute 

Section 59.07 (89) Heating and Air Conditioning Contractors, should be undertaken and enacted to implement this program. The industry and labor groups 

involved have met with the Departm ent and have indicated in informal talks 

th at this Department (they feel) is the logical one to administer this program 

which is aimed at upgrading the industry, as well as the air pollution problem. 

Enactme nt of this legislation will require the addition of one man and secreta rial 

help to administer this program. Estima ted Cost—$ll,00 0/year.

2. State legislation and a County Ordinance will be required to permit 

Milwaukee County to establish a County-wide licensing program covering 

Operating Engineers and Firemen. Such a program should be pattern ed after, 

and be an extension of, the present successful City of Milwaukee program—but 

should cover all of Milwaukee County. The Labor organizations involved have 

unsuccessfully trie d to establish a State-wide licensing program of these skills. 

A County-wide program would be an acceptable intermediate step to these 

groups, as well as providing an effective tool in the control of air pollution 

caused by irresponsible operatio n of equipment capable of emitting air pollutants. 

It is expected that the same employees handling the Heating and Ventilation 

Contractors licensing program could be utilized in the conduct of this program. 

The training and public information division would augment these efforts.

5. SEEK CLEARER AND EXPANDED LEGISLA TIVE AUTHORITY IN TH E ODOR CONTROL FIELD

At the present time, the Dep artm ent’s sta tutory author ity in this field needs 

clarification and expansion to perm it control actio ns in this imp ortant phase of 

the community’s ai r pollution problem. Odor problems are becoming an in-
CLEAN AIR ACT AMENDMENTS OF 19 66 15

creasing fac tor in the tota l air pollution contro l problem and requ ire atte ntio n 

init ially at the legis lative level.

6. EXPLORE TH E PO SSIBILI TY FOR PROVIDING A REGIONAL AIR POLLUTION CONTROL PROGRAM THR OUG H TH E SOUTHEASTERN WI SC ON SIN REGIONAL PLAN NING COMM ISSION

It is becoming increas ingly evident th at a regional appro ach to ai r pollution 

control may be needed covering the counties abu ttin g Milwaukee County, along 

with Milwaukee County. Since a ir polluta nts do not respe ct political boundaries, 

and the concentrations are instead governed by na tu ra l ai r basins, it would 

appea r prop er to give some considera tion and planning to a Regional approach 

to its control. Preceden ce for such appro ach has been estab lishe d in other 

are as—such as San Francisco Bay Area where 5 or 6 countie s have set up a 

single unified control program governing a ll units. Because of the pres ent great 

urba niza tion tren ds in the form er ru ral are as of contiguous counties, it will be 

necess ary th at they establish some form of ai r pollution contro l programs less 

our local effective efforts are negated by ina ttention to thi s problem by c ounties 

“upwind” of Milwaukee County.

Needed to implement

A possible appro ach to be consid ered in study ing thi s propos al is—

Expansion of Milwaukee County’s progra m to cover this ai r basin and 

urbanized areas . Such a study migh t best be made by the Sout heas tern 

Wisconsin Regional Planning Commission. This appro ach could be implemented by providing ai r pollution control services to muni cipalities in 

neighborng counties and communities by Milwaukee County on a con trac t 

basis.

To implement a progr am of this type, much study is needed, and Sta tutory 

autho rity will be required.

7. IN IT IA TE A PROGRAM LEADING TO TH E GRADUAL IMPR OVE MEN T OR EL IM INAT ION OF

“ FLU E-FED” INCINERAT ORS IN MUL TIST ORY BUILD ING S IN MI LW AU KE E COUNTY

In the ir pres ent state, most exis ting flue-fed inc inerato rs are maj or contri bu tor s to ai r pollution (soot, ch ar and odo rs) in the downtown, apa rtm ent 

house and commercial business dis tric ts of this and most larg e urb an area s. 

Within the past year, the National Academy of Sciences (a ft er a careful study 

of thi s problem) has recommended th at thi s type of inc inerato r be prohibited in 

new c onstr uctio n unless it incorpora tes many ai r pollution control fea tur es—th e 

prin cipa l fea tur e being a wet scrub ber unit. This same rep ort suggests methods 

for upgr ading exis ting units of this type—thi s also inco rpor ates addin g scru bbers pri or to the disch arge of these uni ts to the atmosphere. The rep ort also 

recommends discontinuance or abolis hment of the operation of these units, if 

such imp rovem ents a re not incorporated a fte r a specified period of tim e depending 

on local consid eration s. These type inst allations, we know, are the principal 

sources of ai r pollution in the above-described dist rict s. It is felt th at the location and performa nce evalu ation of all such uni ts be init iate d promptly by 

Departme nt person nel and a “phasing out or upg rading” progra m be estab lishe d 

in the hundreds, and possibly thous ands, of such exist ing uni ts being used in 

Milwaukee County.

Needed to implement

1. The init iati on of a location and evaluatio n survey by Depa rtme nt personnel.

2. The development and enactme nt of suitable local legislation to deal with 

thi s problem.

It is felt that the legislation establish ing time limits under such a program 

should aw ait init iati on and implementa tion of a County-wide Refuse Disposal 

Program. Additional personnel needs cann ot be estim ated at thi s time until 

details of such a program a re developed.

8. COMM ENCE A STRONG ENFORCEME NT PROGRAM AGAIN ST OPEN FIR E OR BARREL-TYPE

BUR NIN G OF GARBAGE, T REES, AND DEMOLITION MATERIAL IN MILWAU KE E COUNTY

Once a County-wide Refuse Disposal Prog ram is implemented, it is planne d 

to initia te a stron g enforce ment progra m aimed at the open fire and back-yard 

burn ing of garbage as is being practiced at pres ent in large are as in cer tain 

sections of Milwaukee County. This prac tice is a maj or con trib uto r to the 

commu nity’s ai r pollution problem. Also, it is intended th at a stro ng enforce-
16 CLEAN AIR ACT AME NDM ENTS OF 19 66

ment effort will be direct ed tow ard public and private burni ng of trees, brush 

and demolitio n debris. The County-wide Refuse Disposal Prog ram will be 

designed to provide suitabl e faci litie s to burn these materi als with little or no 

ai r pollution. Enforcement must aw ait and follow the realizati on of these 

facili ties.

9 . REVIEW OF EX ISTI NG EM IS SION LI MIT AT IO NS W IT H RESPECT TO CO MP ATIBILIT Y

W IT H AVA ILA BLE TECHNOLOGY

A survey will show th at Milwaukee County ’s a ir pollution emission limitation s, 

while amended in 1962, are not compatib le with technological advances in this 

field or to the technology of the emission source. These limi tations should be 

reviewed thorou ghly with the thou ght of making them commensurate with 

our growing needs and with the technology involved. The review should resu lt 

in a study which will recommend to the County Board a feasible plan, and 

when adopted will prop erly reflect both the technological aspects of the emission 

source and the technological developments in the field of air pollution control.

10. A THOROUGH ST UD Y AN D REVIEW OF TH E DE PARTME NT’S ORGANIZATIONAL AN D

SAL ARY SC HE DU LE S SHOU LD BE PERFORMED

It can be definitely demonstrated th at salary schedules for all positions in 

thi s growing and imp orta nt field have lagged fa r behind oth er are as in this 

country. This is par ticula rly tru e at the higher echelons of the Dep artm ental 

staffing. There is a national shor tage of traine d technical, adm inistrative, 

supervisory and inspectiona l personnel in this rapidly evolving field. Salary 

schedules locally have not begun to keep pace with thi s worsening condition as 

more and more cities, counties, sta tes and the Fed eral government ini tiate and 

expan d the ir ai r pollution control activ ities. The increa sed governmental attention to thi s problem has caused ind ustry to ent er and seek top qualified 

personnel in thi s field to stay ahead and abr eas t of these governmental efforts. 

This has furth er c ontri buted to the shor tage o f qualified engin eer-a dmin istrators, 

scie ntist s and technicians. A thorough re-evaluation of the Dep artm ent’s org anizatio n and salary schedule is in ord er to preve nt loss of our top qualified 

people to oth er groups. At the top levels, salary schedules are as much as 56% 

to 70% higher in other commun ities as compared to present Milwaukee County 

levels.

Wisconsin Statutes Pertaining to Property Taxes, I ncome Taxes, and Air Pollution Abatement Installations (E ffective August 1, 1 966)

70.11 Pro per ty Exemp ted From Tax atio n. The prop erty described in this section is exe mpted from general prop erty ta xes :

(2 1) Tre atm ent Pla nt and Pollution Abatement Equipment; Lagoon 

Lands.

(a ) All prop erty purcha sed, constructed, installed and operated with the 

approval of the committee on wa ter pollution , sta te board of health, a city 

council, a village board or county board pu rsu ant to s. 59.07 ( 53) or (&5) for 

the purpose of aba ting or eliminati ng pollution of the air, and all prope rty pur ­

chased, constr ucted, installe d and oper ated with the approval of the depa rtment 

of resource development for the purjxises of aba ting or eliminatin g pollutio n of 

the wat ers of the state .

(b ) A pre requ isite to exemption und er this subsection shall be the requirement 

of filing a n ann ual calend ar yea r operating statem ent on such pollution elimin ation or abatement prop erty with the departm ent of tax ation on or before April 1 

of each year.

(c ) In computing operating costs, tax pay ers th at have elected amo rtiza tion 

deduction unde r s. 71.04 (2 b) shall claim such accelera ted amo rtiza tion as a 

deduction in the ann ual operatin g statem ent requ ired to be filed unde r par. (b ). 

Once a property, covered by this subsection, has been fully amortized or 

depreciated and amortized no fu rth er deduc tion shal l be allowed und er this subsection in the computation of gain or loss from operating such pollutio n aba tement properties. No loss from operation in a previo us yea r shall be allowed 

under this subsection as a car ry-f orw ard adj ust me nt to the curre nt year 's 

oper ating sta tem ent re quired hereu nder.
CLEAN AIR ACT AMENDMENTS OF 19 66 17

(d) The books and records of owners of property covered by this subsection 

shall be open to examination by representatives of the department of resource 

development, state board of he alth and departmen t of ta xation.

71.04 Deductions from Gross Income of Corpora tions. Ever y corporation, joint 

stock company or associatio n shall be allowed to make from its gross 

income the follow ing deductions :

(2b) In lieu of the allowance for depreciation for any taxa ble year or part 

thereof beginning after December 31, 1952, the owner may elect the write off 

of the balance not previously deducted in years prior to the 1966 calen dar year 

or corresponding fiscal year for waste treatment plant and pollution abatement 

equipment purchased or constructed and insta lled pursua nt to order or recommedation of the committee on wa ter pollution , state board of health, city council, 

villa ge board or county board pursuant to s. 59.07 ( 53) or (85) in the 1966 

calendar year or corresponding fiscal year. Any waste treatment plant and pollution abatement equipment purchased or constructed and insta lled in the 1966 

calend ar year or corresponding fiscal year , or in a subsequent year, pursuant to 

order or recommendation of the committee on water pollution, department of 

resource development, state board of health, city c ouncil, vill age board or county 

board pursuant to s. 59.07 ( 53) or (85) may be deducted in the year of cash disbursement for same.

(a) Written notice of election to take amortization of any treatme nt plant 

and pollution abatement equipment under this subsection must be filed with the 

department of taxation on or before the filing date of the return for the first 

taxa ble year for which such election under this subsection is made in respect to 

such plant and equipment. Such notice shall be given on such forms and in 

such manner as the department of taxatio n may by rule prescribe.

(b) The taxp ayer shall file w ith the department of taxa tion at the time of his 

election under this subsection copies of recommendations, orders and approvals 

issued by the department of resource development, state board of health, city 

council, village board or county board p ursuant to s. 59.07 (53) or (85) in respect 

to such treatme nt plant and pollution abatement equipment, and such other 

documents and data relat ing thereto as the departmen t by rule requires.

(c) No deduction shall be allowed under this subsection on other than depreciable property, except that where wastes are disposed of through a lagoon 

process such lagooning costs and the cost of land conta ining such lagoons shall 

be subject to the accelerated amortization provided for under this subsection.

(d) In no event shall acc elerate d a morti zation , or depreciation and accelerated 

amortizati on deductions be permitted in excess of the cost of the asset subject to 

the provisions of t his subsection.

71.05 Modific ations, Transitiona l Adjustments and Election of Deductions for 

Na tural Persons and Fidu ciar ies.

(1) Modifications, (b) Subt ract, to the extent included in federal ta xable or adjust ed gross inco me:

5. In lieu of the allowance for depreciation for any taxa ble year or part 

thereof beginning after December 31, 1952, the owner may elect the write off of 

the balance not previously deducted in years prior to the 1966 calen dar year or 

corresponding fiscal year for waste treatment plan t and pollution abatement 

equipment purchased or constructed and installed pursuant to order or recommendation o f the committee on water pollution, state board of health, city council, 

villa ge board or county board pursuant to s. 59.07 ( 53) or (85) in the 1966 

calen dar year or corresponding fiscal year. Any waste treatmen t plant and 

pollution abatement equipment purchased or constructed and installed in the 

1966 calendar y ear or corresponding fiscal year , or in a subsequent year, pursuant 

to order or recommendation of the committee on water pollution, departmen t of 

resource development, state board of heal th, city council, village board or county 

board pursuant to s. 59.07 (53) or (85) may be deducted in the year of cash disbursement fo r same.

(a) Written notice of election to take amortizati on of any treatm ent plant 

and pollution abatemen t equipment under this subdivision must be filed with the 

department of taxatio n on or before the filing date of the return for the first 

taxa ble year for which such election under this subdivision is made in respect to 

such plant and equipment. Such notice shall be given on such forms and in such 

manner as the departmen t by rule prescribes.

(b) The taxp ayer shall file with the department at the time of his election 

under this subdivision copies of recommendations, orders and approvals issued by 

the department of resource development, state board of heal th, city council,
18 CLEAN AIR ACT AMENDMENTS OF 19 66

village board or county board p urs uan t to s. 59.07 (53) or (85) in respect to such 

treatm ent plant and pollution abateme nt equipment, and such other documents 

and da ta rela ting thereto as the department by rule requires.

(c) No deduction shall be allowed under this subdivision on other than depreciable property, except that where wastes are disposed of through a lagoon 

process such lagooning costs and the cost of land containing such lagoons shall 

be subject to the accelerated amortization provided for under this subdivision.

(d) In no event shall accelerated amortization, or depreciation and accelerated 

amortization deductions be permitted in excess of the cost of the as set subject to 

this subdivision.

Mr. Rehm. Milwaukee County welcomed the advent of the Federal 

Government into the field of air pollution in 1955. We have since witnessed the growth of the Federal air pollution program from the 

original areas of research and training to the present program which 

includes, in addition to the original areas, enforcement authority, the 

establishment of air quality criteria and the provision for making 

grants to State and local air pollution control agencies.

We have been in close touch with all areas of Federal activity both 

as they affect our local program and because of our demonstrated 

interest and concern in these matters. At the time of the enactment 

of Public Law 88-206, the Clean Air Act, we were in close touch with 

the congressional hearings on this proposed legislation.

In 1963, the Milwaukee County Board took a position supporting 

H.R. 6518, which was the principal House bill which formed the basis 

for the Clean Air Act. We were very pleased particularly with section 

104—grants for support of air pollution control programs of H.R. 

6518 which provided for grant support to establish and maintain programs for the prevention and control of air pollution.

You can imagine our dismay, then, when the conference committee 

report on the Clean Air Act adopted the amended Senate version of 

S. 432 as the basis for writing the final grant provisions of the Clean 

Air Act. In its present form, the Clean Air Act provides gr ant support only to develop, establish, or to improve air pollution control 

programs.

The Clean Air Act further provides that “No agency shall receive 

any grant under this section during any fiscal year when its expenditures of non-Federal funds for air pollution programs will be less 

than its expenditures were for such programs during the preceding 

fiscal year.”

The net effect of the two eleventh hour changes to section 104 of 

Public Law 88-206 precluded Milwaukee County from receiving any 

substantial Federal grant support for its air pollution control program. Since Milwaukee County had acted in 1948 to establish an 

effective air pollution control program, its current level of activity 

precluded the need for any large-scale improvement in its program.

Similarly, it was true tha t the other 40 to 50 communities like Milwaukee County, tha t had developed advanced air pollution control 

programs prio r to 1963 were precluded from benefiting to any extent from the Federal grant support program.

In effect, the Clean A ir Act penalized those farsighted communities 

tha t had acted on their own initiative to deal with this problem to the 

advantage of those communities tha t had been laggard in this respect. 

Our Milwaukee County Board of Supervisors does not think tha t this 

is fair or proper, nor do they feel that this was the intent of the 

Congress.
CLEAN AIR ACT AMENDMENTS OF 19 66 19

The present Clean Air Act could actually promote the fragmentation of our countrywide air pollution control program by making 

our constituent municipalities eligible for virtual unlimited grant 

support to develop and establish air pollution control programs of 

their own, whereas limited grant support would be available to improve the more highly developed countywide program.

However, there appears to be no concerted effort in our community 

to do so at this time in view of the previous determination tha t this 

was a logical and desirable countywide function. Similarly, this 

is the case in other areas of the country where effective regional programs have been maintained.

This is in direct contradiction with the expressed intent of the

* Congress to encourage regional air pollution control efforts. It is our 

feeling, also, th at an effective national air pollution control program 

at the State and local level, will require sustaining grants in addition 

to the stimulatory grant assistance provided by the Clean Air Act.

* In H.R. 13199, we in Milwaukee County see constructive amendment of the Clean A ir Act to overcome the major shortcomings and 

objections that we have detailed above. We also see in H.R. 13199, a 

progressive step forward in the Federal Government’s program to 

develop cooperative Federal, State, regional, and local programs to 

prevent and control air pollution.

We would caution you, however, to seriously consider further 

amending section 104(b) of the Clean Air Act along the lines proposed in the statement of Mr. Vernon G. MacKenzie before the Special Subcommittee of Air and Water Pollution, U.S. Senate Committee 

on Public Works, on June 14,1966.

In this statement, Mr. MacKenzie urged taking into consideration 

the local levels of nonrecurring costs of equipment or facilities acquisition and the conduct of special studies of air quality or specific types 

of air pollution sources in establishing the eligibility for Federal grant 

support.

We note that the U.S. Senate has taken cognizance of this recommendation in adopting an amended version of S. 3112 in July of this 

year. We feel that where the overall workability of the a ir pollution 

control program is not impaired, fluctuations in expenditures should 

not make agencies ineligible for Federal grant support.

On July 12, 1966, the Milwaukee County Board of Supervisors 

unanimously affirmed its support of H.R. 13199 and urges the enact-

* ment of this bill in an amended form that incorporates the recommendations of Mr. MacKenzie with regard to nonrecurring expenses. 

We are confident tha t this will prove to be a valuable step in meeting 

and dealing with the growing problem of community air pollution.

Thank you, Mr. Chairman.

Mr. J arman. Thank you, gentlemen, for being with us. The Chair 

will have just one question. With your full-time staffed air pollution 

control program in Milwaukee County, what amount of money goes 

into tha t program of yours ?

Mr. Rehm. We are budgeting at the ra te of approximately $200,000 

a year, representing in the neighborhood of 20 cents per capita 

annually.

Mr. Jarman. Is part of that Federal funds ?

Mr. Rehm. We have only received approximately $13,000 of Federal 

gra nt support. It is because we are at the level of activity as I indi-
20 CLEAN AIR ACT AMENDMENTS OF 19 66

cated in our testimony that we have not been eligible for improvement 

support or we have not felt the need for additional improvement 

support.

Mr. J arman. So much of your activity and effort along this line 

goes back prior to the Federal entry ?

Mr. Rehm. Since we have been in it since 1948, we have accomplished a great deal and, therefore, the need is not as urgent as in 

other localities.

Mr. Jarman. Thank you very much. Mr. O’Brien.

Mr. O'Brien. Is it your position tha t the way the law is now it 

tends to fragment the operations in this field; that it is an inducement 

to areas other than Milwaukee, for example, to reach out for this Federal money ? Then they will do something tha t should be coordinated *

on a regional basis. Is that correct ?

Mr. Rehm. Yes, this is very possible and such a circumstance arose 

in the past year within our community.

Mr. O’Brien. You have only received $13,000 in spite of the fact *

that you have been one of the foremost areas in this field ?

Mr. Rehm. This is all we have applied for, Congressman.

Mr. O’Brien. That is all you could apply for?

Mr. Rehm. Reasonably, true.

Mr. O’Brien. I don’t like to raise this point but it does seem to me 

in listening to your testimony that you feel tha t in a sense, the Senate 

is beginning to catch up with what the House wanted to do 3 years 

ago.

Mr. Rehm. I think this is a very correct methods of stating our 

position.

Mr. O’Brien. We so seldom get top billing in Washington tha t I 

like to strain the point a little bit.

Mr. Rehm. It is well taken, Congressman.

Mr. O’Brien. There is one other question I have here. Does the 

Senate bill this year dip into that question of maintenance which 

seems to be the core of your argument ?

Mr. Rehm. Yes, sir. We are in accord with the Senate adopted 

version in July.

Mr. O’Brien. Then in tha t particular area, if we were inclined to 

go along with the Senate, we would have no disagreement with you ?

Mr. Rehm. As you stated, this was your original contention and we 

will go along with you.

Mr. O’Brien. Thank you. I think that is a good point at which to 

quit, Mr. Chairman. I have no furthe r questions.

Mr. Jarman. Mr. Nelsen.

Mr. Nelsen. Thank you, Mr. Chairman. I think in your testimony 

you referred to the fact tha t in no case could a State cut back on its 

expenditures. If they qualify for Federal funds, they in turn would 

be expected to continue a t the State level at the same level as they had 

previously done. You made some reference to that.

Mr. Rehm. The present Clean Air Act has this requirement.

Mr. Nelsen. As I recall in the committee hearings, there was some 

fear expressed that if the Federal Government stepped into it that the 

State might back away from the activity as had been previously engaged in so tha t the net gain would be very little. We might step 

it up from national and they might cut back from State level, that 

tha t was the purpose.
CLEAN AIR ACT AMENDMENTS OF 19 66 21

Mr. Reh m. I th ink in all good conscience in the adopted version 

satisfac tor y performance levels must be ma intain ed and th is will 

insure local pa rti cipa tio n at the State and local levels. I th in k thi s 

wou ld overcome this pa rti cu la r objection. As sta ted in the ame nded 

and passed Sen ate version, I think this acco mplishes t hi s end.

In other words, we are not a tte mpt ing to s hif t the cost of this t otall y 

to the Fe de ral Governme nt. As we have demo nstrated in the past, 

we have all good intent ion s to m ain tai n an active program in o ur area.

Mr. Nelsen. It seems t o me th at th ere is a wee b it of a tenden cy at 

the nati onal level now to move more in the direction of m aking fun ds 

ava ilable to th e various State s in many prog rams and leavin g more of 

the decision to the S tat es as to where th ey thi nk it can best be applied. 

There m igh t be gr ea t m erit to some flexibility in th at di rection .

Mr. Reh m. We would welcome th is and we see th is developing 

attitud e.

Mr. Nelsen. Th an k you , Mr. C hairm an.

Mr. J arman. Mr. Rogers.

Mr. Rogers of F lorid a. Th an k you, M r. Ch airma n. W ha t are yo ur 

majo r po llu tio n problems in your area, would you say ?

Mr. Reh m. Up to the las t few yea rs, Con gressm an, our problem 

ha s been princ ipally pa rti cu late or solid in natur e. I t stemmed 

princ ipally from solid discha rges . We are seeing and are e xperienc ing 

a gro wing awaren ess of the need to deal more tho roug hly with the 

gas p hase po llu tan ts, th e things o f common int ere st th at h ave come to 

the fore na turally , su lfu r dioxides and oxides of nitrogen, hy dr oc arbons—the gas phase pollutants.

U p to this time, our att en tio n has been pa rticul ar ly dir ected to 

pa rti cu lates or solids.

Mr. Nelsen. W ill t he g entlem an yield? A fri en d of min e recently 

pa int ed his house whi te and woke up in the mo rni ng a nd it was green. 

Would this be a gas of some kind ?

Mr. R eh m. Yes ; it was pro bably h ydrog en sulfide de pending on the 

sta te of the green.

Mr. Nelsen. Th an k you.

Mr. Rogers of Florida. Do you hav e any guide lines th at you use 

now for in dustry in yo ur area ?

Mr. Reh m. Yes; very much so. We hav e ha d emission lim ita tio ns 

in effect since 1948 and in 1962, we revised an d strength ened these emission lim itations. We have as par t of ou r sta tem ent a copy of a 5-year 

pla n enacted earlier this mo nth which will fu rthe r str en gthe n thes e 

emission lim itations.

Mr. Rogers o f Florida. Could you subm it for the record y ou r lim itat ion s so t ha t we could see those? Could you. fu rn ish the com mittee 

th at.

Mr. Reh m. I would be ha pp y to do so.

(F or inf orma tio n requ ested, see p. 83.)

Mr. Rogers of Florida. In othe r words, do you have a mo nit ori ng 

system ?

Mr. Reh m. We have ma int ain ed in Milwaukee County, because of 

our p rin cipa l intere st in solids, a 7 0-station mo nit ori ng p rogram since 

1951 on a monthly basis.

Mr. Rogers o f Florida. Give us some ex amples of the solids.

Mr. Reu m. Th is is dus t, soot fal l, things of this typ e. Th is pr ogram has been ma int ain ed since 1951 at betw een 60 to 70 stations.
22 CLEAN AIR ACT AMENDMENTS OF 19 66

In addition to this, we measure the suspended particulate matter in 

the air. We filter out solids and measure the suspended particulate 

matter. One the one grant th at we have applied for, we are awaiting 

receipt of equipment, now on order, to measure and do more extensive 

gas phase monitoring which would include sulfur dioxide, hydrocarbons, ozone nad oxides of nitrogen on a continuous around-the-clock 

basis.

Mr. Rogers of Florida. When it reaches a certain level, this activates 

your regulation and what happens ?

Mr. Rehm. No; we have not felt the need for the type of thin g that 

Los Angeles has done. Fortunately, we are located from a topographical and meteorological standpoint in such a manner tha t we have benefited from our Lake Michigan breezes and the concentrations of gas 

phase pollutions or the photochemical smog have not built up to the 

point at which we feel tha t we need an alerting type system as Los 

Angeles has felt the need for.

Instead, our activities have been directed to limiting particulate 

emissions principally dust, fly ash, soot, and these sort of things from 

all types of emission sources, incinerators, powerplants, asphalt plants, 

et cetera, the whole gamut of stationary sources.

Mr. Rogers of Florida. Have you any schedule where you require 

suspension of operations at all ?

Mr. Rehm. No, sir.

Mr. Rogers of Florida. You have not had to get into tha t ?

Mr. Rehm. Fortunately, no.

Mr. Rogers of Flori da. Simply control methods to reduce ?

Mr. Rehm. Right.

Mr. Rogers of Florida. And has this been successful ?

Mr. Rehm. We feel very much so in the particulate phase. We have 

made considerable progress.

Mr. Rogers of Florida. What has been your progress ?

Mr. Rehm. There has been approximately a 50-percent reduction 

in the rate of deposits of solids in our area since the beginning of our 

program despite the fact that we have had rapid evolution and growth 

in industry in our area.

Mr. Rogers of Florida. Is this still too high ?

Mr. Rehm. It is too high in certain locations, yes. We intend and 

hope to furthe r decrease these levels.

Mr. Rogers of Florida. In what period of time? Within your 5- 

year period ?

Mr Rehm. We have set forth hopefully that we can bring these 

levels down to more tolerable levels within the 5-year program.

Mr. Rogers of Florida. On the gas pollution, how do you stand 

there or do you know yet because you have not gotten your m onitor!

Mr. Rehm. We have done spot checking over the years and have, 

therefore, felt that this problem must await the areas of more principal interest which has been particulates, and this evaluation of our 

gas phase pollution problem was such that we felt no great urgency 

in view of our limited staff, and so forth, to get into this.

Now, just since June, when we have been doing some monitoring in 

this area, we noted that within this month of September 1966, that in 

our downtown area of Milwaukee County that we measured oxidant 

levels tha t on four occasions approached the eye irritation level and 

this was a great shock to us, to me particularly inasmuch as I have
CLEAN AIR ACT AMENDMENTS OF 19 66 23

not been completely convinced th at this was a problem, a t least not in 

our area.

Mr. R ogers of Florida. Do you attribute this mostly to automobile 

exhaust or to what ?

Mr. Rehm. I would say at this point, because of the location where 

we made these measurements, yes, largely automobile contributions to 

a photochemical smog problem.

Mr. Rogers of Florida. Wha t about coal burning or oil burning? 

What effect does this have or have you made a determination ?

Mr. Rehm. We have not been able to monitor the sulfur dioxide 

emissions to any great extent and I think this would be their principal 

contribution to pollution, since we have largely controlled the fly ash 

emission problem from such sources.

Mr. Rogers of Florida. If you find that so what would you do, put 

a limitation on ?

Mr. Rehm. We have not crossed that bridge yet but with the present 

state of the art, the only effective means of control at the present time 

would be to limit the sulfur content of the fuel as no economic solution 

has been developed to remove sulfur from the exhaust products.

Mr. Rogers of Florida. Are there any present guidelines tha t could 

be used in this ?

Mr. Rehm. Of course, I think the pioneering effort in this area at 

the present time is that which has been set by New York City most 

recently.

Mr. Rogers of Florida. Thank you very much. Thank you, Mr. 

Chairman.

Mr. J arman. Mr. Rehm, Mr. Kops, we appreciate your being with 

us to help make our record on this important subject.

Mr. Rehm. Thank you, Mr. Chairman.

Mr. Kops. Thank you, Mr. Chairman.

Mr. J arman. Our next witness is Dr. Richard A. Prindle, Chief, 

Bureau of State Services, U.S. Department of Health, Education, and 

Welfare and Vernon G. MacKenzie, Assistant Surgeon, Chief, D ivision of Air Pollution. It is nice to have you with us.

STATEMENT OF DR. RICHARD A. PRINDLE, CHIEF, BUREAU OF

STATE SERVICES, DEPARTMENT OF HEALTH, EDUCATION, AND

WELFARE

Dr. P rindle. In the interest of your time, I would like to submit my 

statement and excerpt certain passages.

Mr. J arman. Thank you, sir.

(Dr. P rind le’s statement follows:)

Stateme nt of Dr. Richa rd A. P rindle, Ch ie f, Bure au of State Serv ices, 

Depa rtm ent of Hea lt h, E ducat ion, and Welfa re

Mr. Chairman and members of the subcommittee, I am pleased to have this 

opportunity to partic ipate in these hearings on ai r pollution which will bear so 

significantly on the Nation’s efforts to achieve a more h ealthfu l environment. No 

one who knows the history of our country can be una ware that we were very late 

in recognizing the need to preserve and protect the n atu ral resources on which a 

wholesome human environment is so dependent. We have succeeded in creating 

the most technologically advanced and economically prosperous society in the 

histo ry of mankind, and we have achieved unprecedented levels of agricultura l 

and industrial productivity, but in accomplishing this, we indulged in wh at we
24 CLEAN AIR ACT AMENDMENTS OF 19 66

now r ega rd as intol erable was te and dest ruction of ou r na tural resources. There 

can be no doubt th at we have derive d immense benefit from our stead ily increas ing abili ty to alt er the environ ment, but neit her can the re be any doubt 

tha t, through lack of foresight, we have also unnec essarily mar red the face of our 

country.

It was not unt il late in the 19th Centu ry th at we began to see the vital connection between conservation of na tural resources and protection of the public 

hea lth and welfare. Moreover, our progr ess in understand ing this rela tion ship 

has been uneven. Our initial steps were concerned with the haz ard s inhe rent 

in some of the more flag rant abuses of our na tur al environ ment. There is now 

general agreem ent, for example, tha t, if we are to cut down m any acres of forest 

each year, we m ust also pla nt new tr ee s; th at is, if we a re to raise bumpe r crops 

on our farm land , we mus t also replenish the so il; and tha t, if we are to strip 

millions of tons of miner als from the surface of the earth, we m ust also heal (he 

scar s tha t such m ining operatio ns produce.

But in many other areas , and pa rtic ula rly with respec t to conta mina tion of 

such resource s as air and water, we a re only beginning to approach a full und erstan ding of the connection between man’s hea lth and well-being and the quality 

of his environ ment. Th at we have been tar dy in this are a is not surp risin g, for 

environ ment contamination is generally a slow process, and some of the most 

imp orta nt h ealth and wel fare haz ard s posed by such conta mina tion are esse ntially 

subtle and insidious.

Our scientific knowledge and und erst and ing of the ways in which we thr eaten 

ourselves by con tami natin g our national enviro nment are st ill fa r from complete. 

This is not to say, however, th at those who have seriously examined the problem 

are in doubt a s to the existence of significa nt heal th and wel fare h azards a risin g 

from the increa sing conta mina tion of the air we brea the.

In dealing with ai r pollution, we have ju st two choices basically . We can 

move energ etically to cu rta il wh at is now a seriou s problem, or we can do less 

tha n is n ecessary and allow the problem to become critic al, which, at our p resent 

pace of population incre ase and economic grow th, would not tak e long. In deal ­

ing with oth er problems affectin g t he enviro nment we have, with few exceptions, 

followed the la tte r course, and we know from experience th at it is more costly, 

both in term s of human heal th and welfare an d in term s of dollars.

If we were to neglect our limite d ai r resourc e to the extent we have neglected 

oth er resour ces in the past, the consequences would be intolerable. We can 

trea t polluted wa ter before we drin k it, bu t we must brea the the air, with its 

burden of pollution, as it comes to us.

The effects of ai r pollution are seriou s now. In economic losses alone, air 

pollution costs the country billions of dollars a year through inj ury to vegetation 

and livestock, corrosion and soiling of ma teri als and struct ure s, depression of 

prop erty values, and inte rference with ground and air transp orta tion .

Of even gre ater significance are the adverse effects of ai r pollution on huma n 

health. Here we must be c oncerned not ju st with the threat of severe ai r pollutio n episodes capable of causing acute illness and death , but also with the 

haz ards of long-continued exposure to the levels of ai r pollution which are 

common in many American communities. A g rowing body of scientific evidence 

indic ates th at exposure to ord inary levels of ai r pollution adver sely effects the 

hea lth of many people and is associated with the occurren ce and worsening of 

chronic res pirato ry diseases and with premature death.

Air pollution is related to increased mortality from cardioresp iratory disorders, increased susceptibility to res pirato ry disease, and inte rfere nce with 

normal res pirato ry functio n. Specific diseases associated in one degree or 

ano ther with air pollution are emphysema, chronic bronchitis, asthma, lung 

cancer, and non-specific res pirato ry infections (i.e„ the common cold ).

We mus t also face the fac t th at the problem of ai r pollution, which is alre ady 

serious, is stea dily growing and worsening. In this country, the tren ds of economic expansion, urba n growth, technological progress, and incre asing use of 

motor vehicles all tend toward increased i>ollution potential. Over one-half of 

our population now lives on less tha n one percent of the land are a of the United 

States, and by 1970, it is expected th at two-thirds of an even gre ate r population will be concentrated in the same small area.

As our population grows and as personal income rises, so will there be increase s in demand s for goods and services, in needs for hea t and power, and in 

the qua ntities of waste prod ucts to be disposed of. By the yea r 2000. for example, overall energy use in thi s coun try is expected to increase three-fold, and 

80 perce nt of the incre ase will depend on the use of fossil fuels, the combustion 

of which is alre ady a major fac tor in the ai r pollution problems faced by most 

communities.
CLEAN AIR ACT AMENDMENTS OF 19 66 25

Ther e is, however, no good reason why these tren ds must be accompa nied 

by a furth er dete rior atio n of our atmosphere. We have available the techn ical 

means for p reven ting or minimizing t he disch arge of most types of con tam inan ts 

by the use of control equipme nt or thro ugh such means as ind ust ria l process 

modification or fuel subs titution . For a few other cont ami nan ts for which 

such proce dures are not now available at socially accep table costs, cur ren t 

resea rch can be expected to make new tools avai labl e wit hin a rela tive ly sho rt 

period in the future . Also, in recen t years, there have been many indi catio ns of 

a fund ame ntal change in the nationa l response to the problem of ai r pollution— 

a change which is mani feste d in risin g public demands for incre ased control 

efforts on the pa rt of both government a nd industry.

The Clean Air Act of 1963 and the Clean Air Act Amendments of 1965 have 

given all levels of govern ment greatly improved tools for the contro l of ai r 

pollution. Mr. Vernon MacKenzie, Chief of the Division of Air Pollution, will 

present a full descriptio n of the progress the Clean Air Act has made possible. 

I should like to comment very briefly on the significance of thi s legis latio n on 

the Nati on’s efforts to deal with air pollution.

The provisions of this Act have served us well. We have ini tiated severa l 

inter sta te abatem ent action s which will ultim atel y benefit millions of people; 

we h ave publishe d sta nd ard s which will bring all new automobiles und er control 

during the 1968 model year; we have incre ased our rese arch efforts and have 

made progre ss tow ard the control of sul fur oxides, oxid ants and oth er gaseous 

polluta nts which were once clearl y beyond our re ac h; thro ugh the matchinggra nts provision of the Clean Air Act, Sta te and local control programs have 

been able to incre ase the ir budgets by more tha n 65 percent nati onal ly. The 

activities car ried out unde r the Clean Air Act have, in very direct ways, stimulate d all levels of governm ent, indu stry, and the public to exert gre ate r effort 

tow ard the contr ol of a ir pollution sources.

It should be stres sed th at the Fed eral Government alone canno t do the job. 

Sta te and local governments and the pri vat e secto r mus t assum e add ition al 

respo nsibi lities in combating air pollutio n. And the public must be bet ter 

inform ed as to the actu al and pote ntia l h aza rds of pollution.

We are encouraged by the progress th at we have made, but we have only 

begun to scratch the surfac e. The problem not only rema ins seriou s, it continu es to grow at a f aster rate t han our efforts to cope with it.

Mr. MacKenzie will comment in some detail on S. 3112, which would expand 

the Fed eral autho rity to give financial assista nce to Sta te and local ai r pollution control agencies. Experience duri ng the pas t two and one-half years has 

proved th at the Clean Air Act indeed has the potentia l of produ cing a marked 

incre ase in the Nation’s abi lity to deal with ai r pollutio n. We have moved a 

step forw ard but the step could be only tem pora ry were it not for thi s bill 

which you now have unde r consideration.

Enactment, of this legislation would perm it the Dep artm ent of Hea lth, Education, and Welfare to expand and improve the financial assi stan ce activities 

which have alre ady been of conside rable benefit to States and local governments. 

Moreover, it would insu re the continu ed main tenance of Sta te and local program s for the contro l of ai r pollution. It would auth oriz e an increase of some 

$9 million in our appr opriation for the coming Fiscal Year and would extend the 

authorizat ion for the Fed eral program. In short, Mr. Chairman , enac tmen t of 

the bill will enable us to contin ue and augm ent the vita l work we have begun 

under the Clean A ir Act.

This coun try is in the first stages of the gre ate st effort it has ever made to 

improve the qua lity of those environm ental resour ces so esse ntial to our hea lth 

and welfare. Our efforts are guided by the p rinciple th at every citizen, reg ard ­

less of where he lives, is entitled to prote ction aga inst such haz ard s as ai r pollution through enlightened governmental action , whe ther at the local, State, or 

national level, and thro ugh cooperation among government, industr y, and the 

scientific community.

Dr. P rindle. I am pleased to have this opportunity to participate in 

these hearings on air pollution which will bear so significantly on the 

Nation’s efforts to achieve a more healthful environment. We have 

had a long history in this country concerning the problems of national 

resources on which a wholesome human environment is so dependent.

It was not until late in the 19th century tha t we began to see the 

vital connection between conservation of natural resources and protec-
26 CLEAN AIR ACT AMENDMENTS OF 19 66

tio n of the public he alt h and welfar e. Ou r pro gre ss in un de rst an ding 

thi s relati on ship has been uneven. Ou r initial step s were concerned 

with the hazards inh ere nt in some of the more fla grant abuses of our 

na tu ra l environment.

W ith resp ect to conta mination of such resources as ai r and wat er, 

we are only begin nin g to approa ch a full un de rst an din g of the connection between man’s healt h an d well-being and the qu ali ty of his 

env ironment.

Tha t we have been ta rd y in this are a is n ot surprising , fo r e nviro nmental conta minat ion is generally a slow process, an d some of the 

most im po rta nt h ealth and we lfare hazards posed by such c ontam ina ­

tio n are essentially subtle an d insidious.

Our scientific knowledge and un de rstand ing of the ways in which 

we threate n ourselves by co nta mina tin g our na tu ra l environme nt are 

still fa r from complete. How ever, th at is not to say th at those who 

have seriously examined the pro blem are in dou bt as to the existence 

of significant healt h and we lfa re ha zards arising from the increa sing 

con tam ina tion of the ai r we bre ath e.

In deali ng with air pollution, we hav e had ju st two choices b asically. 

We can move ene rge tically to cu rta il wh at is now a serious prob lem, 

or we can do less than is necessa ry and allow the problem to become 

critical, which, at our prese nt pace of po pulat ion increase and economic grow th, would no t tak e long.

In deali ng w ith other problems affe ctin g the env ironm ent we have, 

with few exceptions, followed the la tter course, and we know from 

experien ce th at it is more costly, both in terms of huma n he alt h and 

we lfa re a nd i n te rms of dollars.

The effects of air pollution are serious now. In ter ms of in jury to 

veg etation and livestock, corr osio n and soiling of m ate ria l and str uc ­

tures, depression of prop erty valu es, and interf ere nce with gro und 

and a ir trans po rta tio n.

But o f even greater significance are the adverse effects of ai r po llu ­

tion on huma n health. He re we mu st be conc erned no t just with the 

th re at of severe a ir p ollution e pisod es capable of cau sing acute illness 

and death , but also w ith the h azards of lo ng-con tinu ed exp osure to the 

levels of ai r p olluti on which are common in ma ny Ame rican com munities.

A grow ing body of scientific evidence ind icates th at exp osure to 

ordina ary levels of ai r pollution adversely affects t he h ealth of man y 

peop le and is a ssociated with the occu rrence and w orsening of chronic 

resp ira tory diseases and with pr em atur e dea th.

A ir pollu tio n is rel ate d to incr eased mortality from cardioresp ira ­

to ry disord ers, increased sus cep tibilit y to resp ira tory disease, and in ­

ter fer ence wi th nor mal resp ira tory fun ction. Specific diseases associated in one degree or an othe r wi th ai r pollution are emphyse ma, 

chronic bro nchitis, asthm a, lung cancer, and nonspecific res piratory 

infections, that is th e comm on cold.

Th ere is no good reason why the tre nd th at we an tic ipa te in the 

yea rs to come as a r esult of our gro wing economy m ust be accom panied 

by the fu rther deter ior ati on of ou r atm osphere. We have availab le 

the tech nical means for prev en tin g or minim izing the discharg e of 

most ty pes of conta minants by the use of control equipm ent o r th roug h 

such m eans as i nd us tri al p rocess modific ation or fuel sub stitution .
CLEAN AIR ACT AMENDMENTS OF 19 66 27

For a few o ther contam ina nts fo r which such p roc edu res are n ot now 

ava ilable at socially acceptab le costs, cu rre nt researc h can be expected 

to mak e new tools ava ilab le wi thin a rel atively sh ort period m the 

futur e.

Th ere have also been ma ny ind ica tions of a fun dame nta l change 

in the natio nal response to the problem of ai r pollu tio n—a change 

whi ch is ma nifested in ris ing pub lic dem and s fo r increased con trol 

efforts on the p ar t of both gov ernment and in dustry.

Th e Clean Air Act of 1963 and the Clean A ir A ct Am end ments of 

1965 hav e given all levels of governm ent greatly improved too ls for 

the co ntrol of ai r pollution. I should like to co mment very brie fly on 

the significance of this legislation on the Na tio n’s efforts to deal with 

ai r po llution.

The provisi ons of this act have served us well. We have initiated 

several inter sta te abatement actions which will ultim ate ly benefit millions of peo ple; we have establis hed st an da rds which will bring all new 

auto mob iles under control du rin g the 1968 model ye ar; we have increased our rese arch efforts and hav e made pro gre ss towa rd th e contro l of su lfu r oxides, oxidan ts, and oth er gaseous po llu tants which 

were once clearly beyond our r ea ch ; an d throug h the m atc hing -grants 

provision of th e Clean A ir Ac t, St ate and local c ontrol prog rams have 

been able to increase th eir b udgets by m ore th an 65 p erc ent n ationally.

The act ivities carried out un de r the Clean A ir Ac t hav e, in very 

direct ways, stimu lated all levels of gov ernme nt, indu str y, and the 

public to exert greater effort tow ard the contro l of air pollut ion sources.

I t s hould be stressed th at the Fe de ral Government alone can not do 

the job. St ate and local gov ernme nts and th e private sector mu st 

assum e addit ion al responsibilities in com bating ai r pol lution . An d 

the p ublic m ust be bette r inf orm ed as to th e actua l and po ten tia l ha zards of pollution.

Mr. MacKe nzie will commen t on S. 3112, and th e House version 

the reo f.

I wo uld like to add that I feel th at t h at e nac tment o f this legislation 

wou ld pe rm it the De partm ent of Hea lth , Ed ucati on, and W elfare to 

expand and imp rove the financial assistance activitie s which have 

alr eady been of co nsid erable benefit to S tat es an d local governments.

Moreover, it would insure the con tinu ed maintena nce of St ate and 

local program s fo r the control of ai r pollution. I t would autho rize 

an increase o f some $9 million in ou r a pp ro pr iatio n fo r fiscal year 1967 

for the Fe deral pro gra m. In short, Mr. Ch air ma n, ena ctm ent of the 

bil l will enable us to continu e and augm ent the vital wor k we have 

beg un under th e C lean A ir Act.

Th an k you. I would like to hav e Mr. MacKe nzie give you a lit tle 

detail abou t the pro gre ss of the prog ram and I would be ha pp y to 

ans wer your questions.

Mr. J arman. That would be fine.

STATEMENT OF VERNON G. MacKENZIE, ASSISTANT SURGEON

GENERAL, CHIEF, DIVISION OF AIR POLLUTION, PUBLIC HEALTH

SERVICE, DEPARTMENT OF HEALTH, EDUCATION, AND WE LFARE

Mr. MacKenzie. Mr. Ch air man a nd mem bers of th e subc omm ittee, 

in the intere st of con serving your time, I also ha ve a s tat em ent th at I 

would like to su bm it f or the re cor d a nd to summ arize very brie fly here .
28 CLEAN AIR ACT AMENDMENTS OF 19 66

(Mr. MacKenzie’s prepared statement follows:)

Statement of Vernon G. Mackenzie, Assistant Surgeon General, Chie f,

Division of Air P ollution, P ublic Health Service, Department of Health,

Education, and Welfare

Mr. Chairman and members of the committee, the adoption of the Clean Air

Act in December 1963 and the enactment of majo r amendments to it in October 

1965 gave the Federal Government a mandate to provide leadership and assistance in the national effort to control air pollution. I am pleased to have an opportunity to review the progress of the Federal air pollution program under 

th at legislation and to supplement Dr. Prindle’s testimony on the bills you have 

under consideration.

In the two and one-half years since the adoption of the Clean Air Act, farreaching changes have taken place in the air pollution activities of the Department of Health, Education, and Welfare—changes which constitute imp ortant •

steps toward the creation of a tru ly dynamic national program capable of meeting more effectively the th reat of air pollution ill all of the diverse ways in which 

it affects the lives and well being of the American people. I will discuss some 

of the ways in which the Departm ent of Health, Education, and Welfare, for its 

part, has begun meeting its responsibilities under the Clean Air Act and the 1965 •

amendments.

One of the primary objectives of the Clean Air Act is to stim ulate greatly 

increased air pollution control activity at the Sta te and local levels of government. The Act reaffirmed the national policy that Sta te and local governments 

have a basic responsibility for the prevention and control of community air 

pollution problems, and, for the first time, authorized awarding of Federal funds 

direc tly to State and local agencies to assist them in meeting t ha t responsibility.

Under provisions of the Clean Air Act, gra nts can be made for any of three 

purposes—the development of new air pollution control programs, the estab lishment of programs already authorized by local or S tate law, or the improvement of 

existing programs.

The response to th is new F ederal a ctiv ity has indeed been heartening. Awards 

in Fiscal Years 1965 and 1966 totale d $9.18 million, the full amount appropriated 

by the Congress; thus fa r in Fiscal 1967, from fund s available under a Continuing Resolution of the Congress, we have made new a wards tota ling $437,000.

In all, gra nts have been made to 120 local, State, and regional agencies. In 

addition, we now have a backlog of 25 applicatio ns, totaling about $500,000, from 

agencies which are eligible for awa rds but for which funds are not currently 

available.

In all parts of the country, State and local governments have chosen to inaug ura te new or improve existing air pollution programs with the assistance 

from Federal grants. Totally, including both Federal and non-Federal spending, 

the funds available for State and local air pollution program s have increased 

by about 65 percent since the adoption of the Clean Air Act. On an annual 

basis, some $20 million is now being invested in State and local regulatory program s—about $5.1 million at the State level and about $14.9 million at the local 

level. This amount of money is fa r from adequ ate, but it does compare favorably 

with the combined State and local spending of $12.7 million in 1963. „

Of the agencies th at have received Federal grants under the Clean Air Act,

57 are developing new programs. Another 23 are estab lishing programs which 

had alre ady been legally authorize d but not activated. Thus, as a direct result 

of the Federal gra nts activity, efforts are now being made which, if fully successful, will bring a total of 80 new air pollution programs into being. In •

addition. 40 agencies have received gra nts to ass ist in the improvement of 

existing program s.

In short, the response of State and local agencies has been encouraging, but 

it is imp ortant to recognize tha t our work is oidy beginning. The fact is that 

a great many cities and States are still with out the services of truly effective 

control programs. Although encouraging progress is being made, we still have 

a long way to go before State and local agencies will be adequately authorized 

and equipped to enforce regulations for the prevention and control of air 

pollution.

In brief, Mr. Chairman, there are still many serious deficiencies in State and 

local ai r pollution control efforts in nearly all parts of the country. To achieve 

a really significant degree of improvement will require a much gre ater effort in
CLEAN AIR ACT AMENDMENTS OF 196 6 29

the months and year s a head t han has been m ade at any time in the past. A gre at 

deal of new local and Sta te legislation will be needed. More tra ine d manpower 

will be needed. Local and Sta te agencies must not only redouble the ir efforts to 

prevent new ai r pollution problems from developing, but, at the same time, must 

begin dealing more effectively with the many obvious sources of ai r pollution 

which remai n uncontrolled in v irtu ally every city and town. Not leas t impo rtant, 

an increased investme nt of public fund s will be needed to achieve and sustain 

the high level of control acti vity th at is so clearl y called f or by our knowledge of 

the present and probable futur e dimensions of the ai r pollution problem.

In his testimony, Dr. Prindl e emphasized th at a sha re of the needed funds 

must come from the Fed eral Government. To provide thi s assis tance , we 

recommend th at the Congress give favo rable consideration to the pending legislation, which would amend the Clean Air Act to auth orize Federal financial 

assi stan ce to contro l agencies on a continuin g basis and remove the existing 

provision limit ing the tot al of gra nts to ai r pollution control programs to 20 

percent of our total ann ual budget. In our view, adoption of thi s legislation is 

esse ntial to perm it the Fed eral Government to continue to meet its national 

respon sibility for helping Sta te and local govern ments to cope with the mountin g 

problem of ai r pollution.

Also, the Fed eral Governm ent must be prep ared to deal with serious air 

pollution problems which are inherentl y beyond the reach of Sta te and local 

agencies. Air pollution affectin g int ers tat e are as is a prime example. Even 

where people living in such are as are able to insist on effective contro l of air 

pollution sources with in their own communitie s, they are powerless to preve nt 

pollutio n from reaching them from sources in ano ther State. To provide a 

means of dealin g with such situation s, the Clean Air Act auth orized Fed eral 

action to abate inter sta te ai r pollution problems.

Thu s f ar, thi s new F ede ral autho rity has been invoked in nine int ersta te a reas, 

including, most recently, the are a in which our Nation’s Capitol is located. In 

term s of the numbe r of people affected, the most significa nt case concerns inter ­

sta te air pollution in the metropolitan New York and nor thern New Jersey area. 

In two intere sta te area s, abat eme nt action has been und erta ken at the request 

of Sta tes affected by pollution orig inat ing outside the ir bound aries. The first 

such case involved pollution from a feed and fertili zer pla nt in eastern Mary land 

affecting people in Delaw are. The second involved emissions from a pulp mill 

in nort hern New York affecting people in Vermont. In both instan ces, the Secretar y has issued recomm endations calling for prompt and effective control of 

fhe intere sta te problems. To assess the pres ent and possible future need for 

additional Fed eral abatement action, we have begun technical surveilla nce activities in othe r inter sta te are as across t he country.

In the 1965 Amendments to the Clean Air Act, maj or new aut hor ity was provided for Fed eral action to deal with one of the most imp orta nt single fact ors 

in the contemporary a ir pollutio n problem—the gr owing problem of m otor vehicle 

pollution. Under thi s autho rity for the esta blish men t and enforcement of na ­

tion al stan dar ds, Secretary Gard ner has issued sta nd ard s which will apply to 

new gasoline-powered passe nger cars and ligh t truck s, including both Americanmade and impor ted vehicles, beginning with the 1968 model year. This means 

such motor vehicles mus t be equipped or designed to comply with Fed eral standard s f or the control of the two pred omin ant sources of motor vehicle emissions— 

the exh aust tailp ipe and the crank case. The sta nd ard s call for s ignifica nt reduc ­

tions in tailp ipe emissions of hydro carbons and carbon monoxide, as well as 100 

perce nt control of c rankcase emissions.

As new car s equipped to comply with the Fed eral sta nda rds replace older, 

uncontrolled cars, and as the sta nd ard s are revised in accordance with improvements in control technology an in scientific knowledge of the har mfu l effects of 

motor vehicle pollution, we fully expect to see a significa nt reduc tion in thi3 

imp orta nt national problem. But this does not provide a perm anent solution 

to the problem. This imp orta nt point was emphasized by Secr etary Gar dne r in 

December 1965; “I t is imp orta nt to bear in mind,” the Secr etary said, “th at with 

the increase in the numbe r of automobiles projected for the rem aind er of this 

centu ry, the pollution problem could become even more serious tha n it is toda y.”

We estim ate, Mr. Chairm an, th at by about 1980, motor vehicles will be so 

numer ous th at present appro aches to controlling pollution from the int ern al 

combustion engine will be tota lly inadequate . If the public is to be protected 

aga inst the thr ea t of a steadily worsen ing motor vehicle pollution problem, new 

appro aches to dealin g with it must be found. Ultim ately, if our present

69-400 0 —66—— 3
30 CLEAN AIR ACT AMENDMENTS OF 19 66

dependence on motor vehicles for a major portion of our transp ortation needs 

continues, we will almost certainly need to develop virtually pollution-free 

power sources for motor vehicles.

The need to control emissions from diesel engines is an imp ortant aspect of 

the problem of motor vehicle pollution; indeed, from the standpoint of someone driving behind a diesel bus or truck, it may well seem the most important. 

I suspect tha t no other aspect of the problem makes so many people so indignant 

or so uncomfortable on so many occasions. The 1965 Amendments to the Clean 

Air Act provided authority under which the Secretary can establish national 

standa rds for the control of diesel emissions. A number of technical problems 

rela ting to the control of diesel emissions must be resolved before such standa rds 

can be established.

The functions of conducting and supporting resea rch and training activities 

are an inte gral pa rt of the Federal air pollution program under the provisions 

of the Clean Air Act and the 1965 amendments. In the past three years, we 

have expanded and accelerated our efforts in both of these important areas of 

activity.

In the area of resea rch on the hea lth haz ard s of ai r pollution, the early 

efforts of many scientists concerned with this problem produced a sub stan tial 

body of evidence associating air pollution with illness and death from a number 

of respira tory diseases, including asthma, bronchitis, emphysema, and lung 

cancer. Though we are pursuing our investigations of the connection between 

air pollution and specific diseases, we are placing increasing emphasis on 

identifying and assessing the significance of earlier m anifestations of the adverse 

effects of air pollution—such as changes in respiratory function that may be 

precursors of chronic disease.

In the area of technology for the control of ai r pollution, the knowledge and 

skills needed to control most major sources have been available fo r several year. 

Our present and projected fut ure research efforts in this area rela te principally 

to improving the effectiveness and reducing the cost of existing control methods. 

Of par ticula r importance in this connection are the efforts we are making to 

accelerate the development of effective, low-cost methods of dealing with the 

problem of su lfur oxide pollution aris ing from fuel combustion. These efforts are 

described in detail in the repo rt submitted to you on July 27, 1966, Mr. Chairman.

In the area of training activ ities, our efforts have been expanded three-fold, in 

term s of expenditures, since the adoption of the Clean Air Act. A m ajor share 

of the increase has been directed toward helping to enlarge the supply of technical personnel qualified to work in the air pollution control field. We are 

currently supporting gradu ate train ing programs a t 19 universities and providing 

aid to individual gradua te stud ents under a fellowship program. In addition, 

short-term training courses are conducted at the Taft San itary Engineering 

Center and in other locations, primarily to improve the technical competence of 

individuals alrea dy working in the ai r pollution field.

The major purpose of our training a ctiv ities is, of course, to help meet the increasing manpower needs of local and State air pollution programs. The shortage of trained personnel is becoming a serious obstacle to the needed expansion 

of State and local control activities. For a variety of reasons, many Sta te and 

local agencies are unable to recruit and retain personnel who have been trained 

under the auspices of the Federal Government. The result is that most of our 

trainee s ultim ately have been finding employment with indu stry or universities. 

We are currently seeking ways of channeling more of these people to State and 

local programs.

Technical assistance in dealing with specific air pollution problems is another 

area in which the needs of S tate and local agencies are increasing. Two types of 

activity account for most of our effort in this area. The first involves assistance 

to State and local governments in assessing the ir air pollution problems and 

planning control programs. Among the places where we are currently providing 

assistance for major projects are northwestern Indiana , the Washington, D.C. 

metropolitan area , the Kanawha Valley in West Virginia, and the City of 

Chicago ; in addition, we provided extensive assistance for the majo r air pollution study just completed in the St. Louis metropolitan are a—a comprehensive 

study th at provides a sound basis for control action both in the city of St. Louis 

and in the surrounding areas of Missouri and Illinois.

The second major purpose of our techn ical services activ ity is to gather and 

publish reliab le technical information on air pollution control problems associated with specific industries. This effort is intended prim arily to assist State 

and local control officials in dealing with such problems, but it is, of course, of
CLEAN AIR ACT AMENDMENTS OF 19 66 31

direct benefit of the indu strie s concerned. Work is now in progre ss on surveys 

of the pulp and paper indu stry , man ufa cturing of phosphor ic acid and rela ted 

phosp hate fertilizers, and various segments of the chemical indu stry. A report 

on sulf uric acid man ufac turin g, one of the larg est segments of the chemical 

indu stry , was issued severa l months ago. We expect to begin work nex t yea r 

on surveys of oth er industries.

The final item in my progre ss report on the Fed eral air pollutio n program 

concerns the control of air pollution at Fed eral inst alla tion s. In the Clean 

Air Act, the Congress expressed its intent th at Federal agencies should not 

con tribu te to community air pollution problems. To this end, the Clean Air Act 

called on all Federal agencies to cooperate with the Dep artm ent of Health, 

Educa tion, and Welfare in dealin g with ai r pollutio n problems aris ing from 

the ir activities. In this connection, we have greatly incre ased our liaiso n with 

other Federal agencies and, in many cases, provide d techn ical assistan ce in 

dealing with specific a ir pollution sources.

On sever al occasions, Preside nt Johns on has called on all Fed eral agencies to 

observe exemp lary prac tices in the control of ai r pollutio n problems which the ir 

acti vities may create. An Execu tive Orde r embodying this direc tive has been 

issued. To implement it, Secretary Gar dne r has issued detailed instruc tion s 

for the control of air pollution from Fede ral facil ities. These inst ruction s apply 

to new as well as exist ing fa cilit ies; the ir applicati on should result in significa nt 

progress towa rd reducin g the contr ibution with Fed eral acti vities make to the 

tot al problem of air pollution in American communities.

In summary, Mr. Chair man, our experience dur ing the pas t two and one-half 

yea rs has shown th at the Clean Air Act can indeed produce a mark ed incre ase in 

the Nation’s ability to deal with the mounting problem of air pollution. But we 

must not forget th at we have only begun our work. In most communities, the 

air is no cleane r tha n it was two and one-half years ag o; in many places, the 

burde n of pollutio n has increas ed. And, as Dr. Prindle has emphasized, it 

thr eaten s to increase still f ur ther in the y ears to come.

The bills you have under consid eration , Mr. Chairma n—specifically, H.R. 

13199 and S. 3112—will enable the Federal Government to provide fu rth er help 

to cities and States which are trying to deal with the ir air pollution problems. 

A maj or fea tur e of these bills is autho rity for awa rdin g of Fed eral fund s to 

Sta te and local governments to help them meet the costs of maintai ning effective 

contro l pro gra ms ; thi s would be in addition to our exist ing autho rity to award 

gra nts to help in crea ting new programs or improving exis ting program s. The 

new gra nt aut hor ity, in our opinion, is necess ary to car ry out the Fed eral Governmen t’s obligation to help meet the nation al need for sust aine d local and State 

efforts to cope with the problem of air pollution. Fo r this reason, we strongly 

recommend adoption of legislation auth oriz ing main tenance gra nts to Sta te and 

local a ir pollution control agencies.

To improve the wor kabi lity of the gra nts program, we recommend amendment, as provided in S. 3112 as passed by the Senate, of th at provision of 

Section 10 4( b) of the Clean Air Act which requ ires th at “No agency shall 

receive any gra nt und er thi s section duri ng any fiscal year when its expenditu res 

of non-F ederal fund s for ai r pollutio n prog rams will be less tha n its expenditur es were for such programs dur ing the preceding fiscal yea r.” Over a period 

of years, Mr. Chair man, many fact ors may justi fiably cause fluctu ation s in the 

level of expenditures necess ary to maintai n control program s. Exam ples include non-recurring costs of equip ment of faciliti es acquisitio n and the conduct 

of special stud ies of a ir qu ality o r specific ty pes of a ir pollution sources. In view 

of these facts, we consid er desirable the amendment of thi s section of the Act 

as provided in S. 3112 now pending before you.

Mr. Chair man, my final comment on the pending legislation relates to the 

aut hor ization s for appropriations for the Fed eral ai r pollution program. The 

bills, in add ition to exten ding the time of app rop riat ion aut hor ity, would consolid ate the app ropr iatio n auth oriz atio ns contained in sections 209 and 306 of 

the Clean Air Act. In our judgm ent, such consolidation is highly desirable 

in order to insure th at the adm inis trat ion of the regulat ory progr am to control 

pollution from motor vehicles, und er Title II of the Act, will not be impa ired 

by un pred ictab le circumstances not anticip ated nor provided for u nde r a sep arate 

app rop riat ion authorizat ion for Titl e II. The flexibility provided by a consolidation of appropriation aut horiti es is of cons iderable impo rtance in as su ring the ability of the Secreta ry to adm inis ter equitably Tit le II of the Act. 

While we would pre fer an open-ended app ropriation aut hor ity, as provided in 

H.R. 13199, a limi tation in the amounts auth orized for fiscal yea rs 1968 and
32 CLEAN AIR ACT AMENDMENTS OF 19 66

1969. as provided in S. 3112, would be acceptable. However, if such limitations 

by fiscal year ar e to be incorporated, we recommend strongly that such appropriation ceilings not be made applicable to the autho rity for the construction of facilities under section 103(d) of the Act. Such non-recurring expenditures should 

not be perm itted to interfere with the ability to car ry out necessary functions 

under the Act.

Mr. Chairman, if you have any questions, we will be glad to try to answer 

them.

Mr. MacKf.nzi e. I am glad to have an op po rtu nity to supplem ent 

Dr. Pr in dl e’s testimony on the bills th at you have before you. The 

ado ption of th e Clean Ai r A ct in Decembe r 1963, and the ena ctment o f 

ma jor amendmen ts to it in Oct obe r 1965 gav e the Federal Gover nment a mandate to provide lea dersh ip and assistance in the national 

effort to contro l a ir pollution.

In the 2l£ years since the adoption of the Cle an Air Act, far - 

reaching chan ges have taken place in the a ir pollution a ctivities of th e 

Departm ent of He alth, Ed ucati on, and W elf are —changes which consti tute im porta nt step s to ward the cre atio n of a tr ul y dyn amic n ational 

pro gra m capable of mee ting more effe ctively the threat of a ir po llution 

in all of the diverse w ays in which it affects the lives a nd well-being of 

the Am erican people.

T would like to discuss jus t a few of the ways in which the Dep ar tment of He alth. Ed ucati on, and W elf are , fo r its par t, has begun mee ting iD responsibilities under the Clear Air Act.

One of the pr im ary objectives of the Clea n Air Act is to stimu late 

greatly incre ased ai r pollution control activ ity at the State and local 

levels of government. Un de r the pro visions of the Clea n Air Act, 

gr an ts can be made fo r any of three purposes—t he developm ent of 

new air pollution control pro gra ms , the establishment of pro gra ms 

alr ead y autho rized by local or St ate law, or the improveme nt of 

exi sting program s.

The response to this new Federal a cti vit y h as indeed been h eartenin g. 

In all pa rts of the cou ntry, Sta te, and local gov ernments ha ve chosen 

to ina ugurate new or improve e xis tin g a ir pollution progra ms with the 

assistance fro m Fe deral grants.

To tal ly, inc lud ing both Federal and non-F edera l spending, the 

funds availab le for State and local ai r pollution pro gra ms have increased by about 65 percent since the a doption o f the Clean Air Act in 

1963.

As a direct resu lt of the Federal gr an ts activ ity , efforts are now 

bein g made which, if fully successful, will br ing a total of 80 new air 

pollution pro gra ms in to being. In addit ion , 40 agencies have received 

gr an ts to assist in the imp rovement of existing pro grams.

In s hort, the response of State and local agencies has been enc ourag ­

ing. Bu t i t is i mpo rta nt to recognize t ha t ou r wo rk is only b eginning. 

The fac t is th at a great man y cities and State s are still witho ut the 

services of tru ly effective contro l p rog ram s.

Altho ugh encoura gin g pro gre ss is being made, we s till have a long 

wav to go before S tate and local agencies will be adequ ately autho rized 

and equ ipped to enforce reg ula tio ns fo r the preven tion and c ontrol of 

ai r pollution.

In bri ef, Mr. Ch airma n, there are still ma ny serio us deficiencies 

in St ate and local ai r pollution con trol efforts in nearly all pa rts of 

the cou ntry. To achieve a rea lly significant degree of imp rovement 

will req uir e a much gr ea ter effort in the months and years a hea d than 

has been made a t any tim e in th e past .
CLEAN AIR ACT AMENDMENTS OF 19 66 33

In his testimony , D r. Pr indl e emp hasized t ha t a share of th e n eede d 

fund s mu st come from the Fe de ral Government. To pro vid e this 

assistance, we recommend th at the C ongress give fav ora ble con sidera ­

tio n to the pend ing legisla tion, which would ame nd the Clean Air 

Ac t to autho riz e Fe deral financial assistan ce to control agencies on a 

co nti nuing b asis and remove the existing pro vision lim iting the total 

of gr an ts to air pollution con trol prog ram s to 20 p ercent of our total 

annual bud get.

Mr. Ch airma n, in my prep ared sta tem ent, I include some detail 

abo ut pro gre ss whi ch is b eing mad e in oth er elem ents of the Fe de ral 

ai r pollution prog ram relatin g to the con trol and aba tem ent of in te rsta te ai r pollution problems, the regu lat ion of po llu tant emissions 

fro m mo tor vehicles which will begin with the 1968 model year, and 

our rese arch on the causes, effects, and con trol of ai r pollu tio n and 

oth er activities un de r the Clean Air Act.

If I m igh t sum marize our experience, it is th at du ring the pa st 2 ^ 

yea rs, we have full evidence that the Clean A ir Ac t can indeed produc e 

a ma rke d increase in the Na tio n’s ability to deal wi th the mo untin g 

pro blem of ai r pollution. Bu t we mu st not fo rget t hat we h ave only 

beg un o ur work.

In most commun ities, the ai r is no cleane r tha t it was 2 ^ years ag o; 

in m any places, th e bu rde n of pollu tio n h as increased.

Th e bills yo u have u nder con sidera tion, M r. C hairm an—more specifically, H.R. 13199 and S. 3112—will enable the Fe deral Government 

to provide fu rther help to citie s and State s which are tryi ng to deal 

wi th th eir a ir pollution p roblems.

A major fea ture of these bills would be the new au thor ity fo r aw arding of Fe de ral funds to St ate and local gov ernments to help them 

meet the costs of maintaining effective control pr og ra m s; this would 

be in addit ion to our existing au thor ity to aw ard gr an ts to help in 

cre ati ng new prog rams or imp rovin g ex isting p rog ram s.

Th e new gr an t au thority , in our opinion, is necessary to ca rry out 

th e F ed eral Govern me nt’s obligation to help meet the na tio nal need for 

sus tained local and State efforts to cope with the problems of air 

pollution. For th is reason, we stron gly recommend adoption of legislation authorizing m ain ten anc e gr an ts to State and local air pollution 

con trol agencies.

To imp rove t he w orkabil ity of the gr an ts prog ram , we recommend 

amendmen t, as provide d in S. 3112 as passed by the Sen ate, of th at 

pro vision of section 104(b) of the Clean Air Ac t which req uires th at 

“N o agency shall receive any gr an t un de r this section du rin g any 

fiscal year when its exp enditure s of non-Federal f unds fo r a ir pollution 

pro gra ms will be less th an its expenditu res were fo r such program s 

du ring the prec eding fiscal ye ar.”

Over a period o f years, M r. Ch airma n, many factors m ay justifi abl y 

cause fluctuatio ns in the level of expenditures necessa ry to main tai n 

control pro gra ms. Exam ple s include non recu rri ng costs o f eq uipme nt 

of fac ilities acquisition and the con duct of special stu die s of air 

quali ty o r specific ty pes of air po llution sources.

In view of these facts, we conside r des irab le the amend ment of this 

section of the act as pro vided in S. 3112 now pend ing be fore you.

Mr. Ch airma n, my final comment on the pe nding legi slation relates 

to the autho riz ati on s fo r ap prop ria tio ns f or the Fe de ral ai r pollu tio n 

pro gra ms. The bills, in addit ion to exten din g the time of ap prop ria-
34 CLEAN AIR ACT AMENDMENTS OF 19 66

tion authority, would consolidate the appropriation authorizations 

contained in sections 209 and 306 of the Clean Air Act.

In our judgment, such consolidation is highly desirable in order to 

insure tha t the administration of the regulatory program to control 

pollution from motor vehicles, under title II of the act, will not be 

impaired by unpredictable circumstances not anticipated nor provided 

for under a separate appropriation authorization for title II.

The flexibility provided by a consolidation of appropriation authorities is of considerable importance in assuring the ability of the Secretary to administer equitably title II of the act. While we would 

prefer an open-ended appropriation authority, as provided in H.R. 

13199, a limitation in the amounts authorized for fiscal years 1968 

and 1969, as provided in S. 3112, would be acceptable.

However, if such limitations by fiscal year are to be incorporated in 

the legislation, we recommend strongly that such appropriation ceilings not be made applicable to the authority for the construction of 

facilities under section 103(d) of the act. Such nonrecurring expenditures should not be permitted to interfere with the ability to carry 

out necessary functions under the act.

Mr. Chairman, if you have any questions, we will be glad to try to 

answer them.

Mr. J arman. Gentlemen, we appreciate your precise and effective 

presentation on this tremendously important program. May I ask 

as to the funding of the program. The bills call for $46 million for 

the next fiscal year, an increase of $9 million as I understand it over 

the present authorization.

What is that additional money needed for?

Mr. MacKenzie. The additional money would be needed primarily to initially implement the provisions of the legislation which 

is now pending before you—for implementing the new grant program, 

for maintaining and sustaining air pollution control program activities by State and local governments.

Mr. J arman. I notice tha t the Senate report refers to the increase 

being in part necessitated by an expanded program of research into 

control of sulfur emissions, automobile exhaust emissions, and the 

added cost of the maintenance grant program.

Mr. MacKenzie. Yes, sir. We have contemplated, but we have no 

clearances yet, from the Bureau of the Budget, the submission of 

a supplemental appropriation request within the additional appropriation authority that would be provided. This request would include funds for the implementation of the grant program which I have 

mentioned as the principal item.

In addition, there are two other items that are under consideration, 

one relating to acceleration of research on the problem of controlling 

sulfurous pollution, principally from combustion sources, and, second 

to provide additional funds needed in the regulatory program relating 

to the control of emissions from motor vehicles.

Mr. J arman. Under the bills as originally introduced, it called for 

the $46 million for fiscal year ending June 30, 1967, and then an openend authorization proposed through 1973. The Senate has set figures 

of $70 million for fiscal 1968 and $80 million for fiscal 1969. What 

is your understanding of how these figures were arrived at ?

Mr. MacKenzie. During the period when the Senate committee was 

considering this legislation, the chairman of the committee requested
CLEAN AIR ACT AMENDMENTS OF 19 66 35

information from us as to our technical judgment of the sums that 

would be necessary to implement the Clean A ir Act as amended and 

as proposed for amendment for the next several years.

The figures that are included in the Senate-passed version of S. 3112 

are essentially the figures which we provided to the committee for the 

fiscal years 1968 and 1969.

Mr. J arman. The figures tha t you would anticipate if you operated 

under the open-end authorization ?

Mr. MacKenzie. Yes, sir. These are our technical estimates.

Mr. J arman. If you operate under an open-end authorization, wThat 

is your overall estimate through 1973 ?

Mr. MacKenzie. Mr. Chairman, I can provide these figures for the 

record. I do not have them with me.

Mr. J arman. Do you remember roughly what the amount would 

total?

Mr. MacKenzie. This would not exceed, in any single year as I 

remember the figures, $100 million. It would be less than that.

(The information requested appears on p. 75.)

Mr. MacKenzie. I excluded from this estimate the cost of any 

facility that may be constructed under the authority in section 103 of 

the Clean Air Act, to provide facilities for our own operations.

Mr. J arman. Thank you very much.

Mr. O’Brien ?

Mr. O’Brien. Yes, I would like to ask a question. What was the 

appropriation for the last fiscal year ?

Mr. MacKenzie. The appropriation for the present fiscal year which 

has passed the House but has not yet been enacted by the Senate is 

approximately $35% million.

Mr. O’Brien. $35% million. Was this $46 million for the fiscal year 

ending June 30 next budgeted ?

Mr. MacKenzie. Yes, sir. There was a contingency item included 

in the President’s budget as transm itted to the Congress contingent on 

the passage of new legislation.

Mr. O’Brien. Yes. Now, the new fiscal year by the time this bill 

would 'be signed would be 3 or 4 months old, would it not?

Mr. MacKenzie. I can’t anticipate the schedule of the Congress in 

that matter. I would accept your judgment on this.

Mr. O’Brien. Then what harm would be done to the program if we 

were to take that into consideration and reduct that figure for the fiscal 

year ending June 30, 1967, to $35 million?

Mr. MacKenzie. Well, Air. O’Brien, the current appropriation exceeds the figure that you have mentioned. That is, it is higher than 

$35 million.

Mr. O’Brien. For the full fiscal year ?

Mr. MacKenzie. For the current fiscal year, yes, for present authorities under the Clean Air Act. In addition, if the $46 million 

figure is reduced, it will prevent certainly the full implementation of 

the new authority for the additional grant program which is a uthorized in H.R. 13199 and S. 3112.

In addition, I would like to mention one other item. We have a 

very urgent need for additional funds to finance our activities on the 

regulatory control of motor vehicle pollution. Some members of this 

committee may recall th at last year, at the time the amendments to the 

Clean A ir Act including title II of the act pertaining to the control
36 CLEAN AIR ACT AMENDMENTS OF 19 66

of emissions from motor vehicles was pending, the provisions of the 

pending legislation were then amended to provide for an additional 

mechanism for administering the controls which would be adopted.

At the same time that this amendment was adopted, during passage 

of this legislation in the House, there was no corresponding change 

made in the appropriation authority under title II of the act which 

would take into account the additional testing that would be required 

for us to conduct under the terms of the amended legislation.

So that we are in urgent need of supplementary funds to effectively 

carry out title II of the Clean Air Act this year.

Mr. O’Brien. Is it not your position judging from your testimony 

that, while much has been accomplished under existing authorization, 

that you have been to a large extent shuffling rapidly to keep barely 

even?

Mr. MacKenzie. I think we are doing a little bit more than keeping 

even and I hope th at in the next few years this is going to actually 

reach an improvement. We are not making very much of an improvement now. I agree with you. I think we are essentially holding our 

own.

Mr. O'Brien. Tha t is the point I am making, that in justification 

of the larger amount that you have gotten many communities into this, 

there is effort and the situation would have been a lot worse if we 

had not moved into the field; but nevertheless, the conditions th at we 

are experiencing are not improving as a whole because the pollution 

is getting ahead of the remedy. Is that correct ?

Mr. MacKenzie. I mentioned that we are getting, I think as a result 

of our activities, about 80 new air pollution control programs across 

the country.

Mr. O’Brien. I understand.

Mr. MacKenzie. You don't have any real results from these yet 

but for the years ahead we are laying a foundation now for real 

progress.

Mr. O’Brien. But if we stayed at the present pace, the point I am 

making is th at it probably would outgrow the core, isn’t that probably 

true?

Mr. MacKenzie. It seems that this in fact would occur.

Dr. P rindle. If I may interrupt, I think in my own prepared statement there are some comments about the growth of the population, 

the growth of the gross national product, and so forth, tha t would lead 

one to this conclusion. Yes, sir.

Mr. O’Brien. You mentioned that about $20 million is being spent 

on an annual basis at the State and local levels which is less than the 

Federal contribution at this stage.

Mr. MacKenzie. Yes, sir.

Mr. O'Brien. Do you anticipate if the program is stepped up th at 

the State and local spending will move up correspondingly ?

Mr. MacKenzie. Yes, sir. I certainly do.

Mr. O'Brien. You don't anticipate th at they will sit back and look 

at a couple of hundred million dollars from the Federal Government 

and say “Well, let Uncle Sam do it” ?

Mr. MacKenzie. No, sir. I see real evidence of a desire on the 

part of State and local agencies to move ahead in this field and I think 

with appropriate stimulation and assistance from the Federal Government, this will be done.
CLEAN AIR ACT AMENDMENTS OF 19 66 37

Mr. O’Brien. I think th at tha t is true in many many of these programs. I think tha t we have asked questions in this committee many 

times, will this program or that program stifle local initiative? We 

have had it with the building of medical colleges. We have had it 

with practically every area involved in public health. I am very 

heartened to notice as time passes tha t the predictions came true, tha t 

there was no draining off of private contributions to medical colleges, 

no lessening of effort at the State and local levels.

In so many of our programs I think th at is not true but I am not going 

to go mentioning any programs now because they have nothing to do 

directly with health. I think in certain of the programs that we have 

had here in this Congress there has been a complete abandonment 

at the local level letting the Government take over the whole bit but I 

must say with all due respect to HE W that th at has not occurred with 

your particular program.

Thank you very much, Mr. Chairman.

Mr. Jarman. Mr. Nelsen.

Mr. Nelsen. No questions, thank you.

Mr. Jarman. Mr. Rogers.

Mr. Rogers of Florida. Thank you, Mr. Chairman. You say you 

are spending over $35 million. I believe title I gave an authorization 

for fiscal 1967 of $35 million and title II, $845,000.

Mr. MacKenzie. Yes, sir.

Mr. Rogers of Florida. And this amount has been appropriated ?

Mr. MacKenzie. The total amount pending is $35,577,000, sir.

Mr. Rogers of Florida. And you think now you are prepared to take 

a jump. What is suggested in the Senate act, up to $46 million for 

1967?

Mr. MacKenzie. Yes, sir.

Mr. Rogers of Florida. I understood you had applications pending 

of $500,000.

Mr. MacKenzie. These are pending applications which we are u nable to fund, from State and local agencies.

Mr. Rogers of Florida. If we give you $46 million, you could, of 

course?

Mr. MacKenzie. Yes.

Mr. Rogers of Florida. What would you use the rest of th at money 

for?

Mr. MacKenzie. Of the additional $10 million which has been mentioned, $7 million would be for implementation of the new’ grants 

program which would be authorized by the legislation pending before 

you.

Mr. R ogers of Florida. Which would allow us to support up to 50 

percent going programs?

Mr. MacKenzie. Yes, sir.

Mr. Rogers of Florida. I)o you think this really is a good idea or 

should we try to encourage them to do more ?

Mr. MacKenzie. I think this is a way to encourage them to do more.

Mr. Rogers of Florida. Suppose we say “You initiate a new one and 

then we will help you maintain tha t” rather than going in and supporting programs that they are now’ carrying on ?

Mr. MacKenzie. I think there is need, Mr. Rogers, to give a commitment to the State and local agencies that this is not a one-shot 

affair, that there will be a continuing support from the Federal Government.
38 CLEAN AIR ACT AMENDMENTS OF 19 66

Mr. Rogers of Florida. I am saying suppose we say now “We are not 

going in and fund what you are doing presently.”

Mr. MacKenzie. We are not going to do this under the proposal.

Mr. Rogers of Florida. Then why put it in the law ?

Mr. MacKenzie. It does not say this, sir.

Mr. Rogers of Florida. It would be interpreted that way. Then 

you have no objection to our making it clear in the law that it will 

be new programs tha t could be expected to have some maintenance 

funds.

Mr. O’Brien. Would the gentleman yield ?

I think tha t is clear to what what was stated by the representative 

from Milwaukee, that you can have a fragmentation of a program. 

You have got a going operation, we will say, in Milwaukee and there 

are Federal funds so you have people reaching out from tha t area for 

money and you have a confused hodgepodge instead of a regional 

development. Is that correct ?

Mr. MacKenzie. We would not like to see anything that would 

fragment regional programs. Every effort should be made to develop 

and encourage regional programs. I think the legislation tha t is pending here would do this. I would not recommend that any change be 

made that would change that situation.

Mr. Rogers of Florida. I would be concerned that we go in and 

undertake obligations that are already being well carried out for existing programs. If they have improvements in those programs-----

Mr. MacKenzie. Mr. Rogers, the legislation pending in S’. 3112 and 

II.R. 13199 would provide tha t the Federal Government would support up to 50-percent of the total cost of ongoing programs. There is 

also a provision, however, tha t the Federal money cannot be used 

to substitute for State or local money, in that reductions in State 

and local expenditures cannot be made except as they may be related 

to nonrecurring expenses.

Mr. Rogers of Florida. I would want to go into this very thoroughly 

so that we would not get in the position of going in and just funding 

programs tha t are currently being funded, but you feel tha t this 

would not be done.

Mr. MacKenzie. This would not be done.

Mr. Rogers of Florida. Then you would have no objection to our 

making clear in the language th at this would not be done?

Mr. MacKenzie. We felt that it was clear in the language, sir.

Mr. Rogers of Florida. I understood from the testimony of the previous witnesses that they felt it would come in to give maintenance 

to ongoing present programs. At least that is what I understood 

from reading his statement. Maybe I misinterpreted but I will check 

into this thoroughly. What have you reported to the Congress in 

your semiannual reports on air pollution from automobile exhaust? 

When was the latest report submitted ?

Mr. MacKenzie. The latest report, I believe, was submitted in 

June. We have made semiannual reports on this subject since the legislation was enacted and have recounted progress in our research on the 

problem and also with respect to the promulgation of standards and 

requirements for compliance therewith by manufacturers or importers 

of new motor vehicles.

Mr. R ogers of Florida. These requirements will be effective on the 

1968 automobiles, is that correct?
CLEAN AIR ACT AMENDMENTS OF 19 66 39

Mr. MacKenzie. That is correct, sir.

Mr. Rogers of Florida. And what will that actually do? How will 

it affect the percentage of emissions and so forth? Could you give us 

a quick rundown ?

Mr. MacKenzie. Yes. Very briefly, the regulations which are now 

in effect will importantly reduce two classes of pollutants emitted from 

motor vehicles; first, hydrocarbons coming essentially from unburned 

fuel; and second, carbon monoxide which is a toxic gas. This will be 

accomplished in part by requiring essentially 100-percent control of 

the emissions from crankcases of automobiles.

Mr. Rogers of Florida. This is no problem for the industry as I 

understand it.

Mr. MacKenzie. This has been done by the industry since 1963, but 

not to the extent that is now required.

Mr. Rogers of Florida. Yes.

Mr. MacKenzie. The regulations will also require reduction in 

emissions in the exhaust system by roughly two-thirds of the quantity 

of unburned hydrocarbons and of carbon monoxide that would otherwise be emitted.

Mr. Rogers of Florida. What are the remaining pollutants th at will 

be injected into the air?

Mr. MacKenzie. There is a thir d major type of pollution in the 

exhaust from many motor vehicles, namely, the oxides of nitrogen for 

which effective control measures have not yet been developed. In 

addition on the vehicle as a whole, there is also evaporation of fuel 

from the fuel tank and from the carburetor for which no regulations 

have yet been promulgated.

Mr. Rogers of Florida. I see. How many people do you have involved in research on the automobile emission problem in-house?

Mr. MacKenzie. There are 31 positions budgeted for research relating to automotive emissions.

Mr. Rogers of Florida. How many people are in your shop now ?

Mr. MacKenzie. There are roughly a little less than 700.

Mr. Rogers of Florida. 700. Where are they mostly located ?

Mr. MacKenzie. They are mostly located in our laboratories in 

Cincinnati.

Mr. Rogers of Florida. Are you doing any work on an electric 

motor ?

Mr. MacKenzie. We are proposing this year to inaugurate an 

evaluation of the possibilities of developing essentially new propulsion 

systems for motor vehicles that would be less pollution prone than 

the current type of engines.

Mr. Rogers of Florida. Are you making any progress?

Mr. MacKenzie. Included in this would be an evaluation of the 

possibilities of developing electrically driven vehicles. We don’t know 

enough about it yet in my opinion to make any definitive statements. 

We have looked to see where research is going on on this problem.

As I recall it, there is, so far as we have been able to find out, about 

$9 million a year being spent in Government and about $9 million by 

private sources related to development of electric systems fo r driving 

automobiles.

Mr. Rogers of Florida. And where is the $9 million in Government 

being spent, in your shop ?

Mr. MacKenzie. No, sir.
40 CLEAN AIR ACT AMENDMENTS OF 19 66

Mr. Rogers of F lorid a. Wh ere?

Mr. Mac ke nz ie. Pr im ar ily in the De partm ent of Defense and 

oth er depar tment s.

Mr. Rogers of Florida. I see. Cou ld you give us a lis tin g of those 

departm ents and a ru ndown ?

Mr. MacKenzie. In so fa r as we have developed this, we will be 

gla d to, yes.

(The inf orma tio n requ ested, when sup plied, will be fou nd in the 

comm ittee files.)

Mr. Rogers of Florida. Ha ve you been wo rki ng with indu str y on 

1 rying to deve lop an elec tric motor f or an autom obile powe r system ?

Mr. MacKenz ie. We have n ot reached t hat stage ye t, Mr. Rogers.

Mr. Rogers of F lorid a. Have you mad e any over tures to them ?

Mr. MacKenzie. We ha ve discussed the m atter with them , yes.

Mr. Rogers of Florida. W ha t reaction have you gotten?

Mr. MacKenz ie. I think the reactio n is quite variable. Some of 

them are, let us say, enthu sia stic and oth ers are very dub ious th at it 

will ever come about.

Mr. Rogers of Florida. I under stood th at the re was a public an ­

nouncement th at one of the majo r com panies is doing sign ificant 

research in this area.

Mr. M acKenzie. More tha n one is.

Mr. Rogers of F lorid a. More than one ?

Mr. MacKenzie. Yes, sir.

Mr. Rogers of Florida. Do n’t you think it would be a good idea 

for you to en courage thi s a nd tr y to ge t some coop erative effort between 

what we are d oing an d w hat they are doing ?

Mr. MacKenzie. Th is is the majo r purpo se of our ini tial activ ity 

this year, sir.

Mr. Rogers of F lorid a. Are you tryin g to coo rdinate with Defe nse 

at all, with reg ard to th e work t ha t they are doing?

Mr. MacKenzie. We haven’t reache d t hat stag e. We are not doing 

an ything on a majo r scale yet so th at it is a littl e difficult for us to 

attempt to coo rdinat e some thing.

Mr. Rogers of Florida. I misun derstood you. I thought you were 

doing something.

Mr. MacKenzie. We are explo rin g the field and evalu ati ng the 

fea sib ility of this developm ent. Th is is wha t we propose to do thi s 

ye ar and we con sider th at this is a necessary initial step befo re we 

det erm ine whethe r we should go fu rthe r a nd if so. how.

Mr. Rogers of Florida. I noticed in your statem ent von said that 

“ * * * we will almo st certa inly need to deve lop virtu ally pol lutionfree sou rces f or motor vehicles.”

Mr. MacKenzie. Yes, sir.

Mr. Rogers of Florida. I f t ha t is t he goal and this is w hat vou are 

tryi ng to do and this is the only w ay to reach the p ollution prob lem. I 

would think we are moving ra th er slow ly if we rea lly have not made 

any contact and are ju st in discussion.

Mr. MacKenzie. We have discussed here pr im arily elec tric pr opulsio n system s. Th ere are other systems fo r driving automob iles 

which have a low pollu tio n poten tia l. We have been intere sted in 

turbine engines f or exam ple, a nd h ave ob tained a turbine engine in an 

automobile fo r test purp ose s and eva lua ted this.
CLEAN AIR ACT AMENDMENTS OF 196 6 41

Very briefly, the pollutant emissions from such type of engine are 

very materially less than the reciprocating type of engine commonly 

used at the present time. The pollution ranges from roughly 10 to 

15 percent or the emissions of hydrocarbons and carbon monoxide tha t 

come from the usual type of engine.

The oxides of nitrogen emissions are somewhat higher but, on the 

tests that we have made, they are also less than those tha t come from 

the existing type of reciprocating engine.

Mr. Rogers of Florida. I am sure the committee would be interested 

in receiving some information on what you are doing. I would think 

some coordination in Government and with industry would be very 

desirable in this field. I think the committee would be very interested 

in following your efforts along this line.

Mr. MacKenzie. We would certainly expect to report to the Congress in the reports to which you have made reference, sir.

Mr. Rogers of Florida. On page 10, you refer to health hazards 

of air pollutio n: “the early efforts of many scientists concerned with 

this problem produced a substantial body of evidence associating air 

pollution with illness and death from * * *” various diseases. Have 

you any figures that you could submit to the committee on th at ?

Mr. MacKenzie. We would be glad to submit a statement as to this 

giving references and similar matters if this would be helpful.

Mr. R ogers of Florida. I think this would be helpful to pinpoint 

what we have been able to find so far.

(The information requested follows:)

The Health Hazards of Comm unity Air P ollution

INTRODUCTION

The connection between community ai r pollution and respiratory disease in 

the general population ha's been the subject of an appreciable degree of research 

for only 10 years—too short a period to perm it d etailed exploration of all aspects 

of this complex environmental health problem. In that time, however, there 

have been numerous epidemiological and statistical studies of illness and death 

from resp iratory diseases and impairment of respiratory function in relation 

to ai r pollution as well as many laboratory and clinical studies of the effects 

of single pollutants or combinations of polluta nts on man and animals.

This resea rch has produced a sub stantial body of fac tual information concerning the ways in which exposure to community ai r pollution affects the 

human respiratory system. The main thru st of the evidence is clear and conclusive—the types and levels of ai r pollution which are now commonplace in 

American communities are an imp ortant factor in the occurrence and worsening 

of chronic respiratory diseases and may even be a factor in producing heightened 

human susceptibility to upper respira tory infections, including the common cold.

In general, chronic diseases, including those associated with air pollution, 

develop slowly over long periods of time. In con trast to infectious diseases, they 

are more likely to result from a series of insults to the body rather tha n from a 

single event. In consequence, it may be difficult, perhaps impossible, to satisfy 

the tradition al scientific preference for concrete evidence of a direct and easily 

demonstrable cause-and-effect rela tion ship between such factors as a ir po llutants 

and such effects as the development of chronic respiratory disease.
42 CLEAN AIR ACT AMENDMENTS OF 19 66

Thia problem and its implication s for public hea lth were put into meani ngful 

perspective by the Surgeon General of the Public Hea lth Service in his opening add ress to the 1962 National Conference on A ir P oll uti on : “I submit th at much 

of the speculation and contro versy about whether or not ai r pollution causes 

disease is irre levant to the significance of ai r pollution as a public hea lth hazard.

“Th at the re is frequent ly a simple assoc iation between an infectious disease 

agent and the acu te disease reactio n which it provokes was once a sta rtli ng 

revela tion. And in public health it has served us well and continues to serve us 

well. Bu t we have learn ed th at it is not the ma ste r key th at unlocks all the 

secrets of diseas e and health. The idea th at one fac tor is wholly responsible 

for any one illness is patentl y too simple to provide all the answer s we need 

to deal wit h the chronic diseases which are on the rise today.

“Chronic bronchitis, which in Gre at Britain is established as a specific disease 

entity , is a good example. It develops over a long period of time and can become 

crippling thro ugh a combination of many fact ors—air pollution, smoking, repeate d and recurri ng bouts with infectious agents, occupational exposures—all 

affected, perhap s, by an her edi tary predisposition. Wha t then is the cause of chronic bron chit is? The answ er is obvious. The re is probably no single cause, 

but there is sufficient evidence th at air pollutio n can and does con tribu te to its 

development. Thi s is wh at really ma tter s, wh eth er we choose t o consider it the cause, one of several causes, or simply a contri buting fac tor. ”

Ther e were in 1962 and there still are deficiencies in scientific knowledge of the 

relationship between ai r pollutio n and res pir ato ry disease. A need exis ts for 

more quant itative info rmation—for more precise d ata concerni ng the pollutan ts 

which affect human heal th and in wh at amo unts a nd under what conditions they 

produce their effects. But the qua lita tive evidence is conclusive. There is no 

doubt th at ai r pollution is a fac tor which con trib utes to illness, disab ility, and 

death from chronic res pira tory diseases. In a report at the 1962 National Conference, a panel of hea lth experts sa id : “The evidence th at ai r pollutio n contrib ute s to the pathog enesis of chronic res pirato ry diseases is overwhelming.”

This repo rt summarizes some of t hat evidence. It app roaches the subject from 

both the stan dpo int of resea rch relating to the occurren ce and worsen ing of 

specific resp irat ory diseases or the occurre nce of illness and death among urba n 

dwellers and from the standpoint of resea rch on the effects of specific a ir pollutan ts or classes of pollu tants . Fo r brevity, the la tte r portion deals only with a 

few of the most imp orta nt of the polluta nts present in community ai r—sulfur 

oxides, oxidants, part icul ates , hydrocarbons , and oxides of nitrogen. Though 

this summ ary is focused prim arily on the association between ai r pollution and 

res pira tory disease, which is clea rly the ma jor health problem posed by the contemporary ai r pollution problem, it includes some discussion of other health 

effects.

The adve rse effects of ai r pollution on human hea lth are undoubtedly most 

serious in those urb an commun ities which have the g rea test c oncentrations of a ir 

pollutio n sources and people. A gre at many of the epidemiological and sta tistical 

studi es mentioned in the body of this rep ort was made in larg e metropolitan 

area s, rang ing in population from the millions down to the tens of thousa nds. 

Among them are such places as New York and Los An’geles, at the upper end of 

the population scale, as well as such sma ller cities as Nashville and Buffalo.

But the health haz ard s of ai r pollution clearl y are not limite d to cities above 

a certain size. A gre at many small communities in the United Sta tes suffe r to 

some extent from ai r pollution problems—problems which differ in degree from 

those experie nced by large cities and which may be less complex b ut are noneth eless likely to produce adverse hea lth effects on the people exposed to them. In 

addition, any community with a few uncontrolle d ai r pollution sources of appr eciable size may experien ce occasion al build-ups of pollution in th e air, resulting 

in widespread though ofte n unnoticed increases in illness and death, duri ng 

periods of adverse meteorological conditions. This can happen, and has hap ­

pened, in places as large as New York City as well as such a small ind ust rial 

community as Donora.

The evidence is clea r that hea lth can be subtly but seriou sly threatene d by 

daily exposure to polluted commu nity air. We are concerned, not only with the 

so-called n ormal heal thy individual, upon whom adverse effects m ay not be manifested until there have been many yea rs of exposure, but also with infants and 

children, elderly people, and persons al ready afflicted with r esp iratory and card iovasc ular disord ers, all of whom may have an above average susce ptibility to the 

adverse effects of polluta nts in the air. In short, wh at is already known abou t
CLEAN AIR ACT AMENDMENTS OF 19 66 43

the rela tionship of air pollution to illness, disability, and pre mature death, together with considerations of prudence in the protection of public health, leave 

no doubt that the contemporary ai r pollution problem is a th re at to th e lives and 

the health of millions of people in all p arts of the country.

ACUTE EFFECTS

The most dramatic illu strations of adverse hea lth effects due to ai r pollution 

have been the acute episodes in which serious illness due to sha rp increases in 

ai r pollution concentrations was sudden in onset and in some eases fatal in 

outcome. The best known are those in the Meuse Valley, Belgium (1930) ; l 23*

Donora, Penn sylvania (1948) ; * London (1952 and 1962) ; ’• * and New York City 

(1953). 6 Excess deaths over normal expectancy ranged from 17 in Donora to 

4000 in the 1952 London smog. In six o ther recorded episodes in the British Isles 

prior to 1952, going as fa r back as 1873, excess deaths ranged from 75 to 692 

and tota led over 2500.’ In all these instances, most of the fat ali tie s occurred 

among persons who were alread y suffering from chronic card iore spirato ry 

disorders.

Sensational and trag ic as these acute episodes are, hea lth autho rities are even 

more concerned today with the slow, insidious effects on human lungs of ai r 

pollution levels which are much lower but continued every day and year after 

year. Th at air pollution does indeed increase the prevalence or severity of 

chronic respiratory diseases has been stated with more and more certainty by 

outstand ing authorities. In addition to chronic bronchitis and emphysema, 

bronchial asth ma has been linked to ai r pollution, as has also an a cute respirato ry 

ailment, the common cold. And other pollutants besides cigare tte smoke which 

man inhales regularly have been singled out—and for similar reasons—as possibly 

contributing to the rapid grow th of lung cancer.

The evidence which associates a ir pollution with chronic obstructive ventilatory 

disease and lung cancer comes from three types of inv estiga tions: statistical 

studies of morbidity and mortality, epidemiological studies, and clinical and 

laboratory studies of animals—and, in some cases, of hum ans—exposed to various pollutants, singly or in combination. The r esu lts of such studies are indicated 

below.

LUNG CANCER

Deaths from cancer of the lung, especially among males, have been increasing 

rapidly in recent years.7 8 Also notable is the striking urb an- rural differential in 

lung cancer m ortality. As Kotin h as state d, “The most satisfactory explanation 

for the consistent observation of an increased incidence of lung canc er in urba n 

populations is exposure to polluted a ir. ” ’

It is impor tant to note th at cancer of the lung is believed to reflect the interactio n of multiple facto rs. It is highly unlikely th at the re is but one etiologic 

agent, and therefore, it may never be possible to disentangle completely all the 

factors involved. However, it is believed that researc h work now under 

way, or contemplated, will perm it ultima tely an assessment of the role of several 

external fac tors in the causation of lung cancer.9

Presently available evidence of the possible role of a ir pollution in the etiology 

of lung cancer is based on the findings of a number of researc h projects in the 

epidemiological, physicolhemical, and biological fields. Air pollution has been in1

 Firket, J. (Secretary) : Sur les causes des accidents survenus d ans la vallee de la Meuse, 

lors des brouillards de Decembre 1930. Bull. Acad. Roy. Med. Belg. 11: 683—741, 1931. 2

 Schrenk, H. H., et a l: Air P ollution in Donora, Pa. Epidemiology of the Unusual Smog 

Episode of October 1948, Public Health Bulletin No. 306, Federal Security Agency, Washington, D.C., 1949. 3

 Ministry of H ealth : Mortality and Morbidity durin g the London Fog of December 1952, 

Report by a Committee of Departmental Officers and Expert Advisers Appointed by the 

Minister of Health. Reports on Public Health and Medical Subjects, no. 95, H.M. Sta ­

tionery Office, 1954.

« Fog and Fros t. British Med, J. 2 : 1626 (Dec. 151 1962. 8

 Greenburg, L., et a l : Report of an air pollution incident in New York City, Nov. 1953. 

Pub. Health Rep. 77: 7-16 (Ja n.) 1962. 8

 Major Smog Disasters. In : Clean Air Yearbook, 1963-1964. National Society for 

Clean Air, London, England, p. 34.

7

 Bailar, J. C., Il l, King, H„ and Mason, M. J . : Cancer Rates and Risks. USDHEW, 

PHS P 1148, U.S. Government Prin ting Office, Washington, D.C., 1964.

8

 Kotin, P. and Falk, H. L .: Atmospheric fact ors in pathogenesis of lung cancer. Adv. 

Cancer Res. 7 :475—514,1963. 8

 Nelson, H .: Carcinogenic implications of inhaled poll utan ts. Arch. Environ. Hea lth 

8:10 0-10 4 (Ja n.) 1964.
44 CLEAN AIR ACT AMENDMENTS OF 19 66

crim inat ed to the ext ent th at it is held to be par tia lly responsible for the increas e in lung cancer, or at least to be an agg rav atin g fac tor in thi s disease. 10

Most inform ed opinion, however, considers cig arette smoking to be a much more 

significant ag ent.

Fou r independent studi es have shown th at previo us longtime residence in 

oth er coun tries with differ ent degrees of ai r pollution was associated with varying incidence of lung cancer, the varia tio n in freque ncy being dependent upon 

or assoc iated with the fac tor of expo sure to polluted air in the earlie r pa rts of 

life. Thus, in groups of im migrants to New Z ealand and to Au stra lia from Grea t 

Britain, where ai r pollution levels are fa r high er tha n in comp aratively unindustrial ized New Zealan d and Aus tral ia, lung cancer mo rtal ity was higher 

tha n among native New Zealande rs and Aus tralians , respectively, even though 

they were all from a sim ilar ethn ic backg round and had sim ilar smoking 

hab its. 11’ “ Similarly, in a group of imm igra nts to South Afri ca from Grea t 

Britain , the mo rtal ity from lung cancer was higher tha n among white South 

Africa ns, who smoke even more tha n the Britis h.1’- “ In a Norweg ian group 

emigra nt t o t he United States,16 it was found th at the l ung cance r o ccurren ce was 

inte rme diat e between th at of N orwegians who stayed a t home and th at of nativ e 

Americans, being abou t three- qua rters the ra te for nat ive Americans, whereas 

the ra te in Norway—where there is much less ai r pollution—is only half the 

American rate .

Deaths from lung cancer have a ra te in the larg est metr opolitan are as in the 

United States which is twice the ru ra l level.19 A difference rema ins even after 

full allowan ce is made for differences in smoking pat terns. In general, the rat e 

is in direct propor tion to cit y size, a s is also th e deg ree of ai r pollution .17

In “Smoking and Death Rates” (1 95 8) , by Hammond and Horn ,18 this illum inat ing comment was m ad e: “As expected, the de ath r ate due to lung canc er * * • 

was found to be high er in urb an tha n in ru ra l area s. The age-s tanda rdized 

dea th ra te was 34 per 100,000 in ru ra l area s, as compared with 56 per 100,000 

in citie s of over 50,000 population. However, cigarette smoking is more common 

among city dwellers tha n among men in ru ra l areas. Stan dardize d for smoking 

hab its as well as for age, the rate was 39 per 100,00 in rural are as and 52 per 

100,000 in cities of over 50,000 population. Thus, when stan dar dized for both 

facto rs, the rate was still 25 perc ent lower in ru ra l are as tha n in large cities.”

Severa l B ritis h studi es pro vide f ur th er confirmation on this point.

Stocks and Campbell, who had conducted in earlier study (1 95 5) .18 said that 

their stud ies suggested th at “abolition of cig are tte smoking migh t be expected 

to reduce the dea ths of men in Liverpool from lung canc er by about one-half, 

and three-qua rter s of the remaining ha lf would be due to some local cause only 

slightly pres ent in the rural are a and most likely to be some kind of air pollution .” Stocks was more specific in 1960. In summ arizing some la te r studi es 

he st at ed : “Lung cance r mo rtal ity is stron gly correla ted w-ith smoke density in 

the atmo sphere in 26 are as of Northe rn England and Wales, in 45 dis tric ts of 

Lan cashire and the West Ridin g of Yorkshire, and in 30 county boroughs, whilst 

sim ilar though we aker correlat ions ar e fou nd w ithin Greater London.” 20

10 Shimkin, M. B .: Science and Cancer, PHS Pub. No. 1162, USDHEW, Natio nal Cancer 

Institut e, 1964.

11 Ea stco tt, D. F .: The epidemiology of lung cancer in New Zealand. Lanc et 1 :37-39 

(Jan . 7) 1956.

12 Dean, G .: Lung cancer in Australia, Med. J. Australi a. 49 :1 00 3- 10 06 (Ju ne 30 ) 

1962.

13 Dean, G .: Lung cancer among white South Africans. Brit. Med. J. 2:852-85.7 (Oct. 

31 ) 1959.

14 Dean, G .: Lung cancer among white South Africans, Report on a fu rth er study. Brit. 

Med. J . 5267 : 19 59 -160 5 (Dec. 16) 1961.

15 Haenszel, W .: Cancer mor talit y among foreign-born in the United States. J. Natl. 

Cancer Inst. 26 :3 7- 13 2 (J an .) 1961.

18Anderson, R. J . : Epidemiologic studies of a ir pollutio n. Dis. Chest 42 : 474»-481 (Nov.) 

1962.

17 Haenszel, W., et a l : Tobacco Smoking Pa tte rn s in the United States. Public Health 

Monograph No. 45, USDHEW, PHS P 463, U.9. Governme nt Pr int ing Office, Washington, 

D.C. 1956.

18 Hammond, E. C., and Horn, D .: Smoking and death rates— repo rt on forty-four months 

of follow-up of 187 ,783 men. II. Death rat es by cause. J.A.M.A. 166 :11 , 1294- 130 8 

(March 15) 1958.

19 Stocks. P., and Campbell, J. M .: Lung cancer death rat es among nonsmokers and pipe 

and ciga rett e smokers. An evaluation in rela tion to ai r polluti on by benzopyrene and other 

substan ces. Brit. Med. J. 494 5 :923 -929 (Oct. 15 ) 1955.

20 Stocks, P .: Relat ions between atmospheric polluti on in urban and rur al localities and 

mor talit y from cancer, bron chiti s and pneumonia, with pa rticu lar reference to 3, 4 benzopyrene, beryllium, molybdenum, vanadium and arsen ic. Brit. J. Cancer 14: 3 79—418 , 1960.
CLEAN AIR ACT AMENDMENTS OF 19 66 4 5

Laboratory investiga tions have provid ed fu rth er clues. In one study , a 

selected str ain of mice, sensit ized with influenza vir us and then exposed to 

ozonized gasoline, sim ilar to photoche mical smog, developed bronchogenic cance r 

of the type which hum ans have. 21-22 In ano the r recent study, repe ated in tratrac hea l adm inistra tions to a group of ham sters of benzo (a ) pyrene in part icuplate form, car ried by an ine rt dust, induce d 100 perce nt incidence of bronchogenic c aricinoma. 23 The pol lutant used in this las t study, benzo (a ) pyrene, is one 

of the commonest carcino gens in the community ai r over our cities.

There is some evidence t ha t th e combined effects of cigarette smoking and urba n 

residence in the ir assoc iation wit h lung cancer are much more tha n additive .21

In this connection, it is widely held th at ai r pollution is a highly signif icant component of u rban residence.

Smoking has been shown to inh ibit cili ary action in the res pir ato ry tree, and 

thu s may make the lun gs more vulnerable to the h arm ful effects of a ir pollution.25

But ai r pollutio n too inhibits c iliary action and may in tu rn make the lungs more 

vulne rable to the effects of smoking.21 Supplementin g the epidemiological findings 

and the results of labo rato ry and other studies. The concept th at polluted air 

contributes to carcino genesis is based, accord ing to Kotin,28 on the following 

exp erim ental consid erations.

1. Carcinogenic agen ts have been identifie d in the pollu ted ai r of esse ntial ly 

all cities in which they have been sought.

2. The stability and surv ival of carcinogenic hydr ocarbons in th e atmo sphere 

are compatible w ith the post ulat ed biological effect.

3. Bio-assay has estab lishe d the carcino genic prop erties of the compounds 

identified in and ex trac ted from pollu ted air.

4. Alte ration in function and str uc tur e of the res pir ato ry epith elium of represen tati ve mam malian species has been dem onstrated following expos ure to a 

broad spectr um of environm ental irr ita nts.

5. Carcinogenic agen ts and res pir ato ry ir rita nt s occur in the atmo sphere in a 

physical sta te th at is compatible with a biological effect on exposed intac t host.

6. Soot recovered from hum an lungs has been shown to be free of the c arcino ­

gen, 3 :4-benzpyrene (indic ating th at this carcin ogen has been deposited in the 

lungs)

CHRON IC BR ON CH ITIS

In Gre at Bri tian, nea rly 10 perc ent of all deaths and more tha n 10 perce nt of 

all ind ust rial absences due to illness are caused by chronic bronchitis.27 It is 

becoming evident that this condition, or one very sim ilar to it, has a higher 

prevalence in thi s coun try tha n we ha d t houg ht.28 One inve stiga tion in the United 

State s, using the same cri ter ia as the Britis h—th at is, chronic produ ctive cough, 

most days, for three months of two succssive yea rs—found chron ic bron chit is in 

21 perce nt of a series of males 40 to 59 yea rs of age.29

Cig arett e smoking and ai r pollution are accepted in Gre at Br ita in as distinct 

causes of chronic bronchitis.30 Positive asso ciati ons with mo rtal ity from this 

disease have been shown by all thes e ai r pollution ind ex es: popul ation dens ity,81

21 K otin, P., an d Fal k, H. L .: Air po llut io n an d lu ng ca nc er. I n : Pr oc ee ding s, N at io na l 

Co nferen ce on A ir Pol lu tio n, US DH EW , PH S Pu b. No. 102 2, U.S . G ov er nm en t P ri n ti n g 

Office. W as hi ng to n, D.C., 1963.

22 K otin, P „ an d Fal k, H. L .: II . Th e ex per im en ta l in du ct io n of pu lm on ar y tu m ors in 

st ra in -A mice aft er th eir ex po su re to an at m osp he re of ozon ize d ga so lin e. Can ce r 

9:9 10-9 17 (S ep t.-O ct .) 1956 .

23 Safflott i, U., et a l: E xpe ri m en ta l st udie s of th e co nd itio ns of ex po su re to ca rc in og en s 

fo r lu ng c an ce r in du ct io n. J. AP CA 15 :2 3- 25 (J an .) 1965.

24 H ae ns ze l, W., e t a l : Lu ng ca nc er m o rt ality as re la te d to re side nc e an d sm ok ing 

hi st or ie s. I. W hi te males . J. Nat l. Can ce r In st . 28, 94 7- 10 01 (A pr il) 1962.

25 B alleng er, J. J . : Expe rim en ta l eff ect of cig are tt e sm oke on hu m an re sp ir ato ry cilia . 

New En g. J. Med. 263 : 832 -835 , 1962.

26 K ot in , P . : A ir po llut io n w ith ca nc er ig en ic su bs ta nc es . A ct a Un ion In te rn ati o n ale 

Con tre le Can ce r 19 : 3 -4 , 4*69-471, 196 3.

27 F le tc her , C. M .: Chr on ic b ro n c h it is : Its pr ev al en ce , n atu re , an d pa th og en es is. Am. 

Rev. Res p. Dis. 80: 48 3-4 94 , 1959.

28 F er ri s, B. G., Jr. an d An de rso n, D. O .: The pr ev al en ce of ch ro ni c re sp ir ato ry dise ase 

in a New H am psh ire town. Am. Rev. Resp. Dis. 86 :165—177 (Aug. 196 2.

29 Go cke, T. M., an d Duffy, B. J . : Ep idem iology of ch ro ni c bro nch it is in Je rs ey Ci ty. 

Arch. In t. Med. 110:6 06- 614 (N ov .) 1962.

30 Hol land , W. W., et a l : R es pir at or y di se as e in E ng la nd an d th e U ni te d Sta te s. 

Ar ch. Env iron . H ea lth 10 : 338 -3 43 (F eb .) 1965.

31 F le tc her , C. M .: Chr on ic br on ch itis, sm ok ing, an d a ir po llut io n. I n : Ja m es , G., 

an d Ros en thal, T. (e ditor s) : To bacco an d H ea lt h. Cha rles C. Tho mas , Sp rin gfield, 

Ill ., 1962.

6 9 -4 00 0 - 66 - 4
46 CLEAN AIR ACT AMENDMENTS OF 19 66

amount of fuel used,32 sul fur dioxide ai r levels,33 ’4

 sett led dust measures. 33 ai r­ borne dus t meas ures, 35 and decreased visibility. 34 Perso ns known to suffer from chronic bronchitis, and kept under reg ula r observation, showed a worsening 

of thei r symptoms on days of higher air pollution.3”

PUL MONAR Y EM PH YS EM A

Morbidity and mortality from pulmo nary emphysema are incre asing rapidly 

in the United States. 37 In the 10-year period from 1950 through 1959, death s 

among males from thi s cause rose from less tha n 1.5 per hund red thou sand population to nea r 8 per hund red thou sand .3” The extent and cost of thi s diseas e are furth er indica ted by social secu rity figures. Of 280,434 persons who received 

monthly payments for disab ility in 1962, 17,030 or 6.2 p ercent were suffering fro m 

emphysema. 38 This perce ntage was exceeded only by those who had art eri osclerotic heart disease. Social Secu rity disa bility paym ents to persons for 

whom emphysema is the prim ary medical diagnosis are estim ated at abou t $00 

million a year.

Patie nts with pulmo nary emphysem a improve when they are protected from 

exposure to irr ita nt air pollution. One study dem onst rated th at when such 

patient s are placed in a room in which the outdoo r ai r of a smoggy Los Angeles 

day has been purified by elec trostatic precipitatio n and charc oal filtration , they 

express subjective relief and also show objective improvement after 24 hour s.40 The fact th at emphysema seems to be incre asing especially in urb an are as also 

points to ai r pollutio n as a possible cont ribu ting factor, as does also the strikin g 

urban-rura l grad ient found for dea ths from emphysema.41 Dat a for white males and white females on an age-a djusted basis show th at the rat es are about twice 

as high in urba n areas as in rural area s.

CHRONIC CONS TRICTIVE VENTILATORY DISEASE

The effort required for breathi ng is increased as a result of inhal ing irr ita nt 

air pollu tants. Studies have shown th at such poll utan ts, at levels which are 

reached at times in urba n enviro nments, can cause const rictio n in the air 

passage s.42 43 This might contribu te to a per sist ent nonspecific res pirato ry condition known as chronic const rictiv e ven tilatory disease. While healthy persons 

may not notice the ex tra brea thin g effort imposed by airw ay constriction , this 

added burden may become unbe arab le for persons whose lungs or heart s are 

already functionin g marg inally because of res pir ato ry disease.

BRONC HIAL AS TH MA

This is ano ther condition which is often made worse by ai r pollution. Since 

the re is a long list of stimuli which are capab le of triggering ast hm atic atta cks, 

it is diflicult to asc ertain the role of ai r poll utan ts. It has long been known 

th at occupational exposure to cer tain dus ts and vapors, including many which 

are sometimes found in sub stan tial concentratio n in the ai r over our cities,

33 D aly. C .: A ir po llut io n an d ca us es of de at h. B ri t. J. Tr ey . Soc. Med. 1 3 : 14 -2 7 (J an .) 1959.

33 P em be rton , J. an d Go ldb erg , C .: Air po llut io n an d br on ch itis. B ri t. Med J 4887 • 

5(57-573 (S ep t. 4) 1954.

34 B ur n, J. L„ an d Pe m be rton , J .: A ir po llut io n, br on ch itis, an d lu ng ca nc er. In t J 

Air & W at er P oll. 7 : 5-1 6 (J an .) 19(53.

33 Sto cks, P . : Can ce r an d br on ch itis m ort ality in re la ti on to at m os phe ric de po sit an d 

smoke . Bri t. Med. J. 5114 : 74 -7 9 (J an. 10) 1959.

38 R eid, D. D .: Gen er al epide mi olog y of ch ro ni c br on ch itis. Pr oc . Roy . Soc. Med. 49 • 767—780, 1956.

37 M ort al ity A na ly si s an d Su mmary. I n : Vital S ta ti st ic s of th e Uni ted S ta te s 1960 

Vol. II , Sec. 1. US DH EW , PH S, N at io na l V ital S ta ti st ic s Divisio n.

33 A St ud y of Pollution— Air, A Staff R ep or t to th e Com mitt ee on Pub lic Works, United 

S ta te s Sen ate. U.S . Gov er nm en t P ri n ti n g Office, W as hi ng to n, D.C., 1963 39 D isab ili ty A pp lica nts Und er th e Old-Age, Sur vi vo rs , an d Disab ili ty In su ra nce P ro ­

gr am , 1962, Se lec ted D at a, US DH EW , So cial Sec ur ity Adm., Div. of th e A ct ua ry B alt i­ mo re. A :A : 4. Apr il 1964.

40 M otley, H. £. , et a l : Ef fect of po llut ed Lo s An geles a ir (sm og ) on lu ng volum e m ea su re ­ men ts. J. A.M.A. 171 :146 9- 14 77 (No v. 14) 195 9. volume mea su re 41 M erril, M. H .: Pub lic hea lt h re sp on si bi lities an d pr og ra m po ss ibili tie s in ch ro ni c re s­ pir ato ry di se ases . Am. J. Pu b. H ea lth 53 :2 5- 33 (M ar ch ) 1963.

42 S peize r, F. E., an d Fer ris. E. C .: The pr ev alen ce of ch ro ni c non -sp eci fic re sp ir at ory 

di se as e in ro ad tu nnel emplo yees. Am. Rev . Re sp. Dis. 8S :205 -2 12 (A ug .) 1963 43 P rind le , R. A., et a l : Com pa ris on of pu lm on ar y fu nct io n an d oth er pa ra m et er s in two

^ F n bT 'l963 S w l d e l y d i f f e r e n t a l r po llut io n lev els . Am. J. Pu b. H ea lth 53 :200 -216
CLEAN AIR ACT AMENDMENTS OF 19 66 47

can trigger asthmatic attacks. And the Donora catastroph e provided a striking 

example of local aggravation of asth matics (with a number of d eaths reported), 

caused by fumes emanatin g from steel and other manufacturin g plants, under 

conditions favorable for the ir accumulation.2

In New Orleans, epidemic outbreaks of “asthm atic att acks” have been associated with certain local wind conditions.44

,

45 At first, spontaneous underground 

combustion in abandoned city disposal dumps had seemed to be incriminated. 

However, a recent study suggests that there is more t han one point source of air 

pollution causing an asthm atic-type disease in New Orleans, and there are 

probably multiple sources.4*

There have been other instan ces—one in Pasadena,47 ano ther in Na shv ille 48— 

in which air polluta nts have been shown, in epidemiological studies, to precipita te attacks of bronchial asthma in known cohorts of asthmatics. The mechanism by which airborne materials precipitate attack s of asthm a is not yet known, 

but the significant fact is that asthm a, or an asth malike disease, can be induced 

by man-made community air pollutants. For bronchial asth ma due to na tural airb orne allergenic agen ts (pollen and 

spores), see below: Effects of aeroallergens.

“ YOKOHAM A A S T H M A ”

As long ago as 1946, many cases of a respiratory diso rder commonly referred 

to as “Yokohama asthm a” appe ared among American troops stationed in the 

highly industrialized Yokohama area of Jap an, and soon spread to dependents 

who were living in that area . La ter the same condition was noted among our 

military personnel in the Tokyo area.48- “ ■B1

-

52 Ea rlier studies indicated that the 

disease correlated best with air contaminan ts and smog. Severe att acks have 

been observed to be more freq uent in the winter months, when smoke and fumes 

from the heavily indu strialized Kanto Plain (Tokyo-Yokohama are a) att ain 

ground level concentration s so intense that they represent a haz ard to low-flying 

small air cra ft. Removal of affected personnel from the area , especially if 

early, usually results in recovery. However, perm anent damage has resulted 

in patients who were no t promptly removed from the area.*3 ,54

“Tokyo-Yokohama asthm a” is still under detailed study, but several important 

conclusions have alre ady been reach ed.54 Studies conducted in 1960 in a pulmonary function laboratory revealed that the patients were much more severely 

affected tha n was the original clinical impression. In these studies, the p atients’ 

incapacity due to shortness of brea th became apparen t, and the ir failur e to respond to b ronchodilators was documented. Sta rting in 1961,182 men were studied 

on three occasions over an 18-month period, and 8 revealed a typical histo ry of 

“T-Y asthma.” Follow-up studies in 1962 on 244 cases who were retu rned to the 

United States revealed th at 64 percent still had abnormal inflow patte rns, and in 

some, significant emphysema was present. The evidence seems to be increasing 

that emphysema may occur in susceptible indiv iduals if they stay too long in the 

Kanto Plain area. A to tal of 620 patients have been diagnosed as having “T-Y 

asthm a” from 1960 to 1962. All have a negative history of clinical respira tory 

disease prio r to coming to Jap an. All but 18 were moderate-to-heavy cigarette 

smokers.

44 Lew is, R.. et a l : Ai r Pollution an d New O rlea ns as th m a ; a pr el im in ar y re port . Pu b. 

H ea lth Rep. 77 :9 47 -9 54 (N ov .) 1962.

45 W eill, H., et a l : P re lim in ar y r e p o rt: c lin ic al an d al le rg ic st ud y of New O rlea ns Asthm a, Pre se nt ed a t Six th A ir Pol lu tion Me dic al Res ea rc h Co nference, Sa n Fra nc isco , Calif. Ja n. 

28 -2 9. 1963.

48 W eil l, H.. et a l : F u rth e r ob se rv at io ns on New Orlea ns as th m a. Ar ch . E nvi ro n. H ea lth 

10:1 48 -1 51 (F eb .) 196 5.

47 S ch oe ttlin, C. E.. an d Lan da u, E . : Air P ollution an d ast h m ati c att ack s in th e Lo s 

An geles a re a. Pu b. H ea lth Rep. 76 :545—548 (J u n e) 1961.

48 Zeid berg, L. D., e t a l : Th e N as hv ille a ir po llut io n st udy : V. M ort al ity from di se as es of th e re sp ir at ory sy stem in re la tion to a ir po llut io n. Pre se nte d a t 91s t Ann ua l Mee tin g 

of th e AP HA mee tin g, K an sa s Ci ty, Nov. 1963.

48 H ub er, T. E., et a l : New en vi ro nm en ta l re sp ir ato ry dise ase (Y ok oh am a asth m a). 

A.M.A. Ar ch. In dust . Hy g. & O cc up at. Med . 10 : 3 99 -4 08 (N ov .) 1956.

50 P he lp s, H. W„ et a l : Ai r po llut io n ast hm a am on g m il itary pe rs on ne l in Ja p an . J.

A.M .A . 175 :990 -9 93 (M arch 18) 1961 .

51 P he lp s, H. W .: Air po llut io n ast hm atic bro nch it is am on g U ni te d S ta te s pe rson ne l in 

Ja pan. Ja p an H eart J . 2 :18 0- 18 6 (A pr il) 1961.

53 B ea rd, R. R., e t a l : O bs er va tion s on To ky o-Yo ko hama as th m a an d a ir po llut io n in 

Ja pan . Pu b. H ealt h Rep. 79 :5, 43 9—444 (M ay ) 196 4.

53 M otley, H. L., an d Phe lps, H. W .: Pulm on ar y fu nc tion im pai rm en t prod uc ed by a tm os ph er ic p ol lu tion . Dis. Ch es t 45 :154—162 (F eb .) 1964.

54 P he lp s, H. W .: Fo llo w- up st ud ie s in To ky o-Yo ko ha ma re sp ir ato ry di se as e. Ar ch. 

Env iron. H ea lt h 10 :1 43-1 46 (Feb .) 1965.
48 CLEAN AIR ACT AMENDMENTS OF 19 66

TH E COMMON COLD AND OTH ER RESPIRATORY DISE ASES

Common colds and other infections of the upper resp iratory tra ct occur more 

frequently in a rea s with high pollution levels. This was indicated in a study in a 

small Maryland city as long ago as 1950,55 and has since been confirmed by studies in Great Britain,38 Jap an. 3

'

1 to

- 

38 and the Soviet Union.TM In connection with a 

study of air pollution in the Detroit-Windsor area by a U.S.-Canada Inte rna tional 

Joi nt Commission,81 responses to a Cornell Medical Index questionnaire indicated 

th at people living in the two high-pollution are as in Detroit reported themselves 

afflicted with more symptoms of illness tha n people living in the two low-pollution areas. This was partic ularly true, and apparen tly statistically significant, 

in regard to prevalence of coughing and colds.

An interim analysis of th e diaries of homogeneous groups of s tudent nurses in 

a relatively polluted area, Los Angeles, and a relatively unpolluted one, Santa 

Barbara, California, showed th at the mean frequencies of all resp iratory and 

oth er symptoms in the form er a rea were equal to or grea ter than the corresponding symptom frequencies in the lat ter.82 The probability of any one nurse report­ ing a cough on any one day of the period analyzed was 20 perce nt in Los Angeles 

and 6 percent in Santa Barbara . In the same study, a time-associated rela tion ­

ship between daily oxidant levels and the mean daily frequency of eye discomfort in the Los Angeles group was reported.

ALL RESPIRATORY DIS EASES

That the re is a definite link between air pollution and respiratory disease 

was furth er indicated when resu lts were reported in November 1963 from a 

survey of dea ths in and around Nashville, Tennessee, for a 12-year period 

ending in I960.83 This would app ear to provide evidence that normal city levels 

of air pollution correlate well with death rates from diseases of the respiratory 

system. Altogether, data on 38,207 dea ths were studied and, even when fuil 

allowance was made for differences in age, color, and socio-economic s tatu s, the 

sections of the city subjected to heaviest air pollution were are as of maximum 

dea ths from all respiratory diseases and from such specific respira tory diseases 

as tuberculosis, influenza, and pneumonia. Although smoking was not included 

in this study, it is not considered to be of significance for those specific diseases 

of the respiratory system. What is significant is that mortality ratios were 

correlated with ai r pollution levels in the ambient air.

Similar findings were made in a stud y conducted in the area of Buffalo, New 

York. A recent report on this stud y indicated that high levels of air pollution, 

as measured by suspended particu late s, were correlated with elevated mortality 

from all causes and with mortality due to chronic respira tory diseases. Among 

white males 50 to 69 years old, the dea th rate for all causes was 50 percent higher 

in the area of heaviest particulate pollution tha n in the are a of lowest partic ulate pollution. A similar mortal ity pattern was found among women, which 

supports the hypothesis that a non-occupational environm ental factor was 

responsible. An even more striking rela tionship was found between particu late 

levels and mortality from chronic respiratory diseases. In this respect, the

“ H eim an n, H. et a l : H ea lth an d air po llut io n. A st ud y on a lim ite d bu dg et. A. M. 

Ar ch. In dust . Hv g. & Occ up at. Med. 3 : 39 9- 40 7 (A pr il) 1951. A.

58 H ol la nd . W. W., et a l : In flue nc e of th e w ea th er on re sp ir at io n an d h e a rt dis ea se. 

L an ce t 2 :33 8-34 1 (Aug. 2) 1961 .

57 Abe, S .: A ir po llut io n in Sa pp oro. Science an d Lab or 13: 98- 10 8, 195 8. (Q uo ted by 

To ya ma, T. in Air Pollut io n an d it s H ea lt h Effec ts in Ja pan . Ar ch. Env iron . H ea lth 

8:1 61-1 81 (J an .) 1964.

M S ar uta , N .: Ef fects of a ir po llut io n on th e hea lth of people of nort her n Kv ushu e, Ja pan 

(F ir s t R ep ort ) Ky us hu J. Med. Sci. 12 :1 67- 17 6, 196 1. (Q uo ted by To va ma, T. in A ir 

P ollution and it s H ea lt h Ef fects in Ja p an . Ar ch . Env iron . H ea lth 8: 16 1- 18 1 (J an .) 

1964.)

88 Su zuki, T . : A ir Pol lu tion an d it s hea lt h effec ts in Amag as ak i Ci ty. Rep or t of Air 

Pollution Con trol Co mmitt ee of Amag as ak i, 196 2. (Q uo ted bv To va ma. T. in Air Pol lu tio n 

an d it s H ea lth Ef fects in Ja pan. Ar ch . Env iron . H ea lth 8:1 61- 181 (J an .) 196 4.) 80 Y an sh ev a, N. Ya. : T he effe ct of air po llut io n from po we r an d ch em ical pla nts on he al th . 

Gigiena i S anit ari ya 8:1 5, 195 7. (T ra nsl . by Le vin e, B. S. in U.S.S .R. L itera tu re on 

A ir Pol lu tion an d Re lated Occ up at io na l Dise ases , Vol. 1, 1960, U.S. Dep t. of Comm erce, 

Office of T ec hn ical Se rvice s. Wash. 25, D.C .)

01 A ir Pol lu tio n in th e D et ro it-W in ds or Area. R ep or t of th e Tec hn ical Ad viso ry Bo ard 

to th e In te rn ati o n al Jo in t Co mmiss ion U ni te d S ta te s an d Can ad a. W as hi ng to n. O ttaw a. 

1959.

83 H am mer, D. I., et a l : Lo s An geles a ir po llut io n an d re sp ir ato ry symptom s. Ar ch. 

Env iron . H ea lth 10: 47 5- 48 0 (M ar .) 196 5.

“ Ze idb erg , L. D„ et a l : The N as hv ille a ir po llution s tu d v : I. Sulf ur Diox ide an d 

br on ch ia l as th m a— a pre lim in ar y re port . Am. Rev. Ite sp. Dis. 84 -.489-503 (O ct.) 1961.
CLEAN AIR ACT AMENDMENTS OF 19 66 49

dea th ra te in the area of high est pollutio n was nea rly twice th at in the lowest 

pollu tion area. This sta tis tic al rela tion ship showed up even when allowa nce 

was made for age and socio-economic sta tus of the deceased persons.

EFFECTS OF AEROALLERGEN8

(7 ) Bron chial asth ma

It is widely recognized th at a number of airb orne subs tances cause allergic 

responses in sensitized individuals. These substa nces, such a pollen, spores, 

rus ts, and smuts, and known as aeroa llergens, present a ma jor public heal th 

problem.04

Bron chial asth ma and allergic rhinitis, and more commonly known as hay 

fever, ar e typic al human responses to expos ure to aeroallerge ns. Patho logic al 

symptoms may be severe,03 and the prim ary complicatio ns of bronc hial asth ma 

ar e numerous,00 in extre me cases sometimes even leading to death.07

Aeroallergens ar e prim ary cau sative agents in inducing bronc hial asth ma. Es timate s of the national incidence of t his disease vary widely, but a recent stud y of 

the epidemiology of asth ma and hay fever in a tot al community, Tecumseh, 

Michigan, indic ates th at 5 percent of the inh abi tan ts had a medical history of 

asth ma. 08 This and other studies indicate th at many millions of persons in 

thi s coun try are or have been affected by thi s condition. Fo r many of these 

it is a severe handicap.

Allergenic pollens come from trees, grasses , and weeds. Ragweed pres ents 

the most serious problem in the pollen allergy in the United States. Although 

found prim arily in the cen tral portion of the continent, infe stat ion is developing in other area s. Other aeroallergens, such as spores from the mold Altcrna ria , are found in every State .

(2 ) Allergic rhi nit is

Allergic rhin itis, or hay fever, is even more prev alen t tha n bronchial asthm a. 

Studies of univ ersi ty studen t population s since 1950 show an incidence of rag ­

weed pollinosis as follows: in Indiana , 18.7 percent; in the Sta te of Washington. 

16.7 perce nt; and in Michigan, 19.2 percent.08 The Natio nal Health Survey has 

estim ated that about thirteen million persons thro ugh out the coun try are being 

adversely affected by hay fever and/o r asth ma. Hay fever, unlike asthma, is 

rare in children under 10 yea rs of age. The prevalence figure from the general 

population must therefo re of necessity be sma ller tha n the preva lence figure for 

selected young ad ult populations. The study of stud ents mentioned above also 

shows th at many foreign studen ts develop ragwee d pollinosis for the firs t time 

in the ir lives af ter a yea r or two of exposure to this poten t aeroa llerge n. This 

fac t has obvious public hea lth significance when we consider th at the ragweed 

pla nt appears to be migrat ing on th is continent.

It might be thou ght th at simple hay fever pres ents less of a haz ard to health. 

Recen t analy ses indica te, however, th at 5 to 10 perc ent of persons subject to 

allerg ic rhi nit is will develop asth ma if the disease run s unchecked.70 There is 

therefo re ample reason to be seriously concerned abou t the effects on our national heal th and well-being of aeroallergens in g enera l and of ragweed pollinosis 

in par ticu lar. Ther e is lit tle doubt th at our agricultur al, highway construction, and subu rban land developments, which leave so much bare soil on which 

ragweed thrive s, are leading to a wider dist ribu tion of ragwee d pollen and of 

the asth ma which it causes.71 The re are a number of possibilities for co ntrolling 

ragweed pollen and other aeroallerge ns. These control measures, however, are

64 H ew son, E. W .: Atm os ph er ic po llut io n in re la tion to m icro clim atolog y an d micro ­

mete orolog y : Som e prob lem s. In : Pro ce ed ings of th e Tor on to M eteo rologica l Co nf eren ce 

195 3. Ro ya l Meteo rologica l So cie ty, Lo nd on . 195 4. pp. 24 0- 25 2.

65 V augh n, W. T., an d Black, J. H .: P ra cti ce of Al ler gy , C. V. Mo sby Co., St. Lo uis , 195 4.

<* S heldon , J. M., et al : A M an ua l of Cl inical Al ler gy . W. B. Sau nd er s Co., Phi la de lp hi a,

195 3. ,iT R ac ke man n, F. M. : D ea th s fro m as th m a. J. Alle rgy 15 :249 -2 58 (J u ly ) 194 4.

68 B ro de r. I. et a l : T he epidem iology of as th m a an d ha y fe ve r in a to ta l co mmun ity . 

Te cu mseh, Michig an . I. Des cr ip tion of st ud y an d ge ne ra l fin din gs. J. Alle rg y 33 :513 -5 23 

(N ov .-D ec .) 1962.

69 M aterno wsk i. C. J., an d M athe ws, K. P . : Th e pr ev al en ce of ra gw ee d po llin os is in 

fo reig n an d nat iv e st udents a t a m id wes tern univ er si ty an d it s im pl ic at io ns co nc er ni ng 

m et ho ds fo r de te rm in in g th e in her itance of at op y. J. Al lergy 3 3 : 130—140 (M ar ch - 

A pri l) 1962.

70 B rode r, I., e t a l : Th e ep idem iology of as th m a an d ha y fe ve r in a to ta l co mmun ity , 

Tec um seh. Mic h. II . Th e re la tionsh ip betw ee n as th m a an d ha y feve r. J. Alle rg y 33: 

52 4- 53 1 (N ov .-D ec .) 1962 .

71 W ag ne r, W. R., Jr. , an d Be als . R. F . : Per en ni al ragw ee ds (A m br os ia ) in M ichiga n 

w it h th e de sc ription of a new in te rm ed ia te ta xo n. R ho ao ra 60 : 17 7- 20 4, 195 8.
5() CLEAN AIR ACT AMENDMENTS OF 19 66

administratively very com plex ; for example, they involve a change in agric ultura l practic e wherein the farm ers would spray the fields afte r the crop has 

been harveste d. Such control methods should be evaluated and the effective 

ones adopted for use until such time as adequate immunochemical means o f desensitization become availa ble. . *

EFF ECT S ON LABORATORY ANIM ALS (EXC LU DIN G CANCER)

Laboratory research has provided important inform ation concerning the effects 

of specific pollutants on anima ls. Mice, rabbits, guinea pigs, rats, and monkeys 

have been utilized to demonstrate the toxic properties of such air pollutants 

as sulf ur dioxide, sulfu ric acid, hydrogen sulfide, ozone, nitrogen dioxide, and 

some dusts.

In one recent experiment,’2

 the respiratory response of guinea pigs inhaling 

low concentrations of acrolein was chara cterized by an increase in total respiratory flow resistance, accompanied by decreased respiratory rates and increased 

tida l volumes. The changes in respira tory func tion were reversible when the 

anima ls were returned to clean air. In another study of considerable relevance, 

conducted by Dr. Mary Amdur ,78 guinea pigs which had relatively higher init ial 

flow resistance values, corresponding roughly to humans with respiratory disease, 

were exposed to an irrit ant aerosol or to an irritant gas. These animals showed 

a greater resistance than did control animals, particu larl y at the lower concentratio ns, at which the latter group had shown only a sligh t change. Animals 

which were exposed to both an inert aerosol and an irri tan t gas showed an enhancement o f the effect over tha t shown by the irritant gas alone.

Other experiments with animals have shown that certain irritants common in 

polluted air can slow down, and even stop, cili ary acti vity in the air passages.’4

This impairment results in less effective cleans ing of the mucus carpet of those 

air passages, and hence greater susceptibility to respiratory infection. A twohour exposure of mice to as littl e as 3.5 parts per million of nitrogen dioxide 

significantly increased their suscep tibility to respiratory infection initiat ed by 

challeng e with an aerosol of Kleb siell a pneumoniae. Infected animals exposed 

to 25 ppm of nitrogen dioxide for two hours showed an increased morta lity rate 

and decreased surv ival time.’5

Thus, inform ation which has been obtained by artificial exposure of animals 

is providing some indexes of both human and anim al effects to be expected from 

natur al exposure.”

On the other hand, knowledge of the toxic potentialiti es of some air pollutan ts, 

such as peroxy acyl nitrat es, ketenes, f ree radicals or ra dical formers, and a ir ions, 

is grosslyincomplete and unsatisfactory. Sim ilar ly, only a beginning has been 

made in the more important area of toxico logica l interactions in which the presence of one air pollutant may, at one extrem e, completely abolish the effects of another or, at the other extreme, enhance the effects out of all proportion to the 

toxi city of either alone.

RADIOACTIVE MA TERIA LS

In this bri ef survey of the part played by radioactive materials in the overall 

contam ination of the atmosphere, no attempt will be made to cover the possible 

wartime use of nuclear devices and resultant civi l defense requirements. Our 

concern here is rathe r with the increasing p eacetime uses of all forms of ionizing 

radia tion, and specifically with radioactive materials which are airborne.

(1) Sources

The sources of radioactive materials which may be present in our environment 

include : natu ral sources (radium and thorium in earth and cosmic rays) ; nuclear weapons testin g (fal lout) : nucle ar power production (waste disposal) ; 

nuclear fuel processing (waste disposal) ; and radioisotope use and disposal (in ­

dustry and research). ”

72 M ur ph y. S. D.. pt al : R es pir at ory re sp on se of gu ine a pips du ri ng ac ro lein in hal at io n 

an d it s mo dific ati on by dr ug s. J. Pha rm ac ol , an d Ex p. The ra p. 141 : 7 9- 83 (J uly ) 1963.

73 A md ur. M. O. : Th e eff ect of high flow -re sis tanc e on th e resp on se of gu in ea pig s to 

ir ri ta n ts . 25:5 64-5 68 (N ov .-D ec .) 1964.

74 F alk. H. L.. an d Ko tin . P. : Ch em ica l an d bio logical co ns id er at io ns of at m os ph er ic 

ca rc in og en ic ag en ts . .T. APCA 7 :12—14 (M ay ) 1957.

75 P urv is . M R . an d E hr lich . R. : Ef fect of at m os ph er ic poll uta nts on su sc ep tibi lity to 

re sp ir ato ry in fe ct io n. II . Ef fect of ni tr ogen diox ide. J. In fe ct . Dis. 11 : 72 -7 6. 1963 .

73 C at co tt. E. J. : Effect®, 

o

f a ir po llut io n on an im al s. In : Ai r Pol lu tio n, SH O Mon og raph 

Se ries no. 46. Ge neva. 1961. pn . 221—231.

7 7T err il l, J. G. J r .: Ra diolog ica l H ea lth A ct iv itie s Related to W ea po ns an d Mi ssile 

Tes ting . A st ate m ent pr pn ared fo r th e Sen at e Co mmitt ee on Pu bl ic Works. Su bc om mittee 

on Ai r an d W atpr . Ju n e 30, 1964.
CLEAN AIR ACT AMENDMENTS OF 19 66 51

The greatest source is from natu ral deposits of radioactive materials. The 

predominant component of radioactivity in a ir is the noble gas, radon-222, which 

is formed in the earth from decay of radium-226. A portion escapes to the at ­

mosphere, where further decay results in a series of radioactive atoms which 

become a part of the normal atmospheric aerosol by attachme nt to othe r existing 

particles.

Great quantitie s of radioactive debris have been injected into the atmosphere by 

nuclear testing. Debris injected into the upper atmosphere remains for several 

months to years during which most of the radionuclides decay to insignificant 

concentrations, so tha t only the longer-lived nuclides, such as strontium-90 and 

sesium-137, enter the lower atmosphere. The debris injected into the lower 

atmosphere remains airborne long enough for the freshly formed fission products 

to be transported around the earth, contributing enroute to ground-level contamination. Fortunately, great dilution, washout in precipitation, and decay 

occur prior to population exposures, so th at the probability of inhaling significant 

amounts has been slight. With the limited test ban treaty, this source has declined 

significantly. Radiation exposures from such radioactive fallout occur primarily 

from whole-body exposure from gamma-emitting nuclides deposited on the surface, and from radionuclides deposited in tissues through ingestion.

The processing, manufacturing, and use of nuclear fuels and radioisotopes, 

and the disposal of associated wastes, have incorporated engineering and procedural controls which have maintained these minimal sources. Several incidents 

at nuclear installa tions which have aroused concern appear to have been of the 

natu re of indus trial “accidents,” and precautions have been taken to minimize 

the likelihood of their recurrence.

Inhalation has been recognized as a major, if not the most important, route of 

entry to th e body of potentially hazardous mater ials for occupational exposures. 

Nonoccupational exposures may occur from external gamma radiat ion and 

ingestion, as mentioned above, as well as through inhalation.

(2 ) Effects

A great deal is known about the effects on human beings of large doses of 

radiation—such as would be encountered in a nuclear war—but comparatively 

little about the effects of small doses of radiation, for example, natu ral background radia tion and fallout from nuclear tests.78 ”

The biological effects of radiation are either somatic, tha t is, ocurring during 

the lifetime of the exposed organism, or f/cnetic, the effects on germ cells. These 

effects depend on the type and quality of radiation and the quantity absorbed in 

tissues. Because of the difficulty of detecting effects of very low exposures, it is 

not known w hether or not there is a “threshold” for any of th e radiation effects; 

i.e., a dose below which there is no effect. There is some evidence from studies of 

experimental animals that suggests there is no “threshold” for genetic effect. If 

this is true for all effects, any amount of radiation causes damage, and the 

damage increases with increase in total cumulated exposure.

Somatic Effects.—The time of appearance of somatic effects is dependent on 

the magnitude of exposure. Following very large acute exposures, effects may 

appear within a few hours or less. Such early effects include central nervous 

system disorders, nausea, decrease in formed blood elements, intestina l disorders, 

and radiation burns. Longterm effects which may appear afte r many years from 

acute and chronic exposures, both large and small, include leukemia, bone and 

other cancers, cataracts, and overall shortening of life span.

Genetic Effects.—Genetic effects result from radiation damage to germ cell 

chromosomes, i.e., cell constituents responsible for transm itting characte ristics 

from generation to generation. These effects can appear in subsequent generations. The effect may produce undetectable defects in the offspring; some may 

appear unspecifically as health impairments which may be minor or which may 

result in premature death or permanent serious illness. Studies with experimental mammals indicate that genetic damage increases with increase in exposure ra te as well as total exposure.

Exposure in the U.S. population to fallout is slight compared to natu ral and 

other manmade health hazards. However, since the application of radiationproducing machines and materials, such as nuclear reactors, radioactive nuclides, 

and X-rays, will continue to increase in the future, radiation exposure will also

” U ni ted Natio ns . 1962 . Rep or t of th e Uni te d N at io ns Sc ientific Com mitt ee on th e Effects 

of At om ic R ad ia tio n: New York.

79 N at io na l Academ y of Sc ien ces — N at io na l Res ea rch Co un cil . The biolog ical Ef fects of 

At om ic R ad ia tio n. W as hi ng to n. 195 6 an d 196 0 Re po rts .
52 CLEAN AIR ACT AMENDMENTS OF 19 66

increase. Any risk to the population should be comm ensura te with the benefit 

resu lting from the use of nuclear energy. Guides have been es tablished to assist 

in maintai ning rad iation exposures at reasonab le lev els.* • 81

(3 ) Rela tive importance as ai r p ollu tants

To put the various sources of rad iati on exposure in some perspective, the 

Federal Rad iatio n Cou ncil 82 estimates the rad iation exposures to the U.S. populatio n resu lting from all past nuclear tes ts at 110 inillirem (th e conventional 

unit of mea sure men t) for whole body exposure over a 30-yea r period and at 

465 millirem for bone exposure over a 70-year period. These amounts are only 

3 perce nt and 5 percent, respectively, of the corresp onding figures (3,0 00 millirem 

and 9,000 millirem) for exposure to natur all y occur ring radio activ e mat eria ls 

in the environm ent. Expres sed in ano the r way, the U.S. population havi ng the 

highest exposure has received an expo sure from the radio activ e fallou t of all 

pas t nuclear tests about equal to th at from na tural rad iati on in thi s coun try in 

one year. Of course, this exposure is in add itio n to th at from na tural sources.

1. Pesticides.—Airborne haz ards from pesticides have large ly been related to 

occupational exposure on the pa rt of persons concerned with the ir applica tion. 

Ther e are some instances in which pesticides applie d by airc ra ft have drifted 

from the intend ed are a to ano ther area, with troublesom e consequences, but on 

the whole, the evidence of adverse effects on members of the general population 

from the inha lation of air bor ne pesticides is minim al.83

On the oth er hand, pesticid es not only provid e an example of the many new 

chemicals which in their productio n and use are pote ntia l air pol lutant s but 

also cons titute a class of produ cts which, by virtue of the ir toxicity and widespread use, require special considera tion in any program to anticipat e and 

ameliora te th e harm ful effects of atmospheri c pollution.

Sales of organic pesticidal chemic als by prim ary produ cers increased 15.7 

percent in 1961 and ano the r 14.4 percent in 1962, when they amounted to 

$346,441,000. In the report cited above, the Pre sid ent ’s Science Advisory Committee pointed to increasin g volume of use, persistenc e of some chemicals in 

the environ ment, observed effects on wildlife , and indic ation s that at lea st two 

insecticides are accumulating in man, as evidence of the need to obtain more 

data on the pres ent levels of pesticides in our environment and to incre ase our 

efforts to un der stan d the ir longterm effects.

SULFUR OXIDES

The sul fur oxides th at are of concern as atmo sphe ric polluta nts are sulf ur 

dioxide, sul fur trioxid e, and the ir acids and acid salts . Fossil fuels, such as coal 

and petroleum , contain eleme ntal sulf ur, and when the fuel burns, the sulfur is 

converted to sulfur dioxide and to a lesse r degree, sul fur trioxide. Since fossil 

fuels ar e b urned abundantly in th e Unite d States to he at buildings a nd to gene rate 

electric power, pollution of the atmo sphe re with the oxides of sul fur is widesprea d and is especially prevalent in cities. Petroleum refineries, smelting 

plants, coke processing plants, sulfuric acid man ufa cturing plan ts, coal refuse 

banks, and refu se .burning acti vities are also maj or sources of sulfurou s pollution. 

Effects of Sulf ur Oxides on Man

The evidence is considerable th at sul fur oxide pollution aggr avates existing 

res pirato ry disease in hum ans and contributes to its development. Sulfur dioxide gas alone irr ita te s the uppe r res pir ato ry tra ct; adsorb ed on par ticula te 

matter , the gas can be carried deep into the respir ato ry tra ct to inj ure lung 

tissue. Sulf uric acid when inhaled in a cer tain par ticle size can also deeply 

pen etra te the lung to da mage tissue.

In the docume nted air pollution dis ast ers —Meuse Valley, Belgium, 1930; 

Donora, Pennsylva nia, 1948; New York City 1953 and 1963; London, 1952 and 

1962—large numb ers of people became ill and many died. All episodes had common fa ct or s; they occurred in heavily ind ustrial ized are as during relatively brief

80 F ed er al R ad ia tion Co uncil. Bac kg ro un d M at er ia l fo r th e Dev elop men t of R ad ia tion 

Sta ndar ds. W as hi ng to n. R ep or t No. 1, 196 0 an d Rep or t No. 2 1961.

81 F ed er al Rad ia tion Co un cil . Bac kg roun d fo r th e Dev elop men t of R ad ia tion P ro te ct io n 

Sta ndar ds. W as hi ng to n. R ep or t No. 5. 196 4.

82 F ed er al R ad ia tion Co uncil. E st im at es an d E val uat io n of F al lo ut in th e Uni te d Sta te s 

from N uc le ar W ea po ns T es ting Co nd uc ted Thr ou gh 196 2. W as hi ng to n. R ep or t No. 4, 

1963.

83 I nte ra gen cy Coo rd in at io n in E nvir onm en ta l H az ard s (P es tici de s) : H ea ri ngs before th e 

Su bc om mittee on Reo rg an iz at io n an d In te rn ati o n al O rg an iz at io ns of th e Co mmitt ee on Gover nm en t Ope ra tio ns . U nited S ta te s Se na te , P a rt I (M ay, Ju ne 1963) : U.S . Gov ernm en t 

P ri n ti n g Office. W as hi ng to n, 1964.
CLEAN AIR ACT AMENDMENTS OF 19 66 53

periods of anticyc lonic weathe r con dition s; and sul fur dioxide levels were 

excessively high as were levels of oth er gaseous and partic ula te pollution . Although the pattern of effects was not perfectly unifo rm in all these episodes, 

gener ally speaking, the elderly, the very young, and those with pree xisting 

cardio respira tory disea se were most affected.

Epidemiological and clinica l stud ies sub sta nti ate thi s evidence th at certain 

portions of the population are more sensitive to sul fur oxide pollution. For 

exa mp les : prolonged exposure to relatively low levels of sulfur dioxide lias been 

associated with increased card iovascu lar morbidity in older perso ns; prolonged 

exposu res to high er conc entra tions of sul fur dioxid e has been associated with 

an incre ase in res pirato ry disease dea th rat es and an incre ase in complaints by 

school children of non-productive cough, mucous membrane irr ita tio n, and 

mucus secretion; the residual ai r in the lungs of emphysem a pat ien ts has been 

significa ntly reduced when the pat ien ts brea thed ambie nt ai r th at had been 

filtered of poll utan ts; and the most imp orta nt single fac tor to cor rela te (in ­

versely ) with the feeling of well-being in chronic bronchitis pat ien ts has been 

the level of smoke and sul fur dioxide pollut ion.

Sul fur oxides pollution can also adversely affect the more robu st portions 

of the population. Exiperiments in which heal thy huma n volunteers were exposed to sul fur dioxide conc entration s several times high er tha n the tas te 

threshold concentratio n indic ate th at such exposures will produce pulmonary 

function changes including increa sed res pira tion rate s, decreased res pira tory 

flow rates, and increased airw ay resistance . The impa irme nt of functi on is 

gre ate r when the sulfur dioxide gas is adm inistere d together with partic ula te 

mat ter.

In other experiments in which healthy human subjects were exposed to sulfu r oxides, effects were observed but a complete int erp retation of effects could 

not be made; for examples, concentratio ns of sul fur dioxide below the tas te 

thres hold produced cortical condition ed reflexes, and conc entration s at the tas te 

thre shol d desynchronized the pred ominant wave in electr oencephalograms and 

incre ased the sens itivity of the da rk adapted eye.

Clinical-epidemiological studie s on huma ns in community atmospheres

Clinical-epidemiological studi es on the acut e and chronic effects of community 

atmo spheres cont ainin g oxides of sul fur at vari ous conc entra tions have been 

und erta ken by numerous investiga tors. It should be noted th at these atmo spheres contained othe r poll utan ts as well and, th at although sul fur dioxide is 

the meas ure of sulfurou s pollution in the studies, also prese nt were an undetermined amount of s ulfu ric acid mist and sulfate s alts . It has been shown by 

numerous inve stigator s th at the effects rela ted to a given amount of sul fur dioxide in community air can be expected to be gre ate r tha n in labora tory expe riments in which sul fur dioxide was the only pol lutan t.

Spicer made daily observatio ns over a period of several weeks of air pollution 

and pulmonary function of a group of norm al indiv idua ls and a group of subject s with chronic obstructive airw ay diseases. In general the airw ay resis tance 

and other meas ures of pulmonary function of the two groups changed together 

from week to week, and persons with in eith er group c hanged together from day 

to day. An ana lysis of indi vidual p ersons reveale d th at some responded to changing conc entra tions of one oomponent of ai r pollution , othe rs responded to chang ­

ing conc entrations of ano ther component, and still othe rs responded to many 

things. The da ta seem to indi cate incre asing airw ay resis tanc e in pat ients with 

chronic obstr uctiv e lung diseases when exposed to as litt le as 0.05 pa rts per 

million (pp m) su lfu r dioxide in ambient air. Sulfur dioxide conc entra tions 

avera ged over 2-hour periods range d from nea rly zero up to 0.5 ppm duri ng 

the period of the study. Fu rth er stud ies are needed to subs tan tia te these 

observations.

Law the r and Waller and Pemberton stud ied group s of pat ien ts with chronic 

bronchitis over severa l winters. Law the r’s group cons isted of about 1000 patien ts with established bron chitis who recorde d daily w heth er they felt better or 

worse tha n on the preceding day. The perce ntage of those who f elt worse than 

on the precedi ng day was then calculated. Flu ctuatio ns in this index followed 

closely the daily var iations in ai r pollution, and when smoke rose above 300 

us/ m3

 and sul fur dioxide above 0.21 ppm the hea lth of the group det erio rate d. 

The aut hor s concluded th at air pollutio n as measu red bv smoke and sul fur 

dioxide was the most imp orta nt fac tor affectin g the day to day well-being of the 

subjects.
54 CLEAN AIR ACT AMENDMENTS OF 19 66

McCarroll, et al studied a large number of families (approximate ly 1000 

people) in New York City and correlated the symptoms of upper respira tory 

tra ct and eye irrita tio n with sul fur dioxide concentrations. In two air pollution episodes occurring in the period November through December of 1963, in 

which the daily average sul fur dioxide concentration exceeded 0.2 ppm for 4 

days and reach ed maximum 1 to 2 hour average concentra tions of 0.9 to 1.5 

ppm, there were significant increases in the incidence of rhin itis, sore throat, 

cough, and eye irritation .

Anderson and Ferris found that, after controlling for age, height, sex, and 

smoking habits, one second forced exp iratory volume and Wrigh t peak expiratory 

flow rates were gre ater for persons living in a town with less pollution (0.05 mg 

sulfur trioxide/1 00 cm’/da y; 10 ton s/m ia

/mo dus tfall) tha n for persons living 

in a more polluted town (0.4 mg sulfu r trioxide/100 cma

/d a y ; 35 tons/m i2

/mo du stfall ). In both towns air pollution was measured only during August and 

September, months of generally low pollution in the United States and Canada.

Prindle, et al observed gre ate r airw ay resistance in persons who lived in 

the more heavily polluted of two tow’ns where sulfation rates (3.7 mg sul fur tr ioxide/100 cm’/day ) and dus tfall (83 tons per square mile per month) were 

respectively 6.2 and 3.2 tim es greater in the one town tha n the other. Gaseous 

sul fur dioxide averaged 0.09 and 0.01 ppm in the high and low polluted towns 

respectively. The major source of pollution was a coal fired power plant. 

Epidemiologic studies of morbidity within cities

Diseases which seem to be of the most concern from the standpoint of sulfur 

oxides pollution are chronic bronchitis an d/or chronic disabling respira tory 

diseases, cardiac diseases, and res piratory diseases due to infection.

Martin studied daily hospital admissions in London during the periods 1958 

to 1959 and 1959 to 1960. The hospital admissions were separated into three 

categories: (1) diseases from all cau ses: (2) card iac diseases, and (3) respiratory diseases. For each category a daily morbidity index was determined as 

the deviation in number of admissions from the 15 day moving average. The 

separate daily morbidity indexes were tha n correla ted with daily measures of 

smoke and sul fur dioxide. Correlation coefficients of morbidity from all causes 

with smoke and sul fur dioxide were significant only in 1958 to 1959. Correlation 

coefficients of respiratory morbidity with smoke and sul fur dioxide were essentially equal—0.25 in 1958 to 1959 and 0.34 in 1959 to 1960. Correlation coefficients of cardiac diseases with smoke were 0.28 in 1958 to 1959 and 0.22 

in 1959 to 1960; with sul fur dioxide they were 0.20 in 1958 to 1959 and 0.23 

in 1959 to 1960.

Burn and Pemberton observed th at up to four times as many bronchitis at ­

tacks were reported than were expected during five smog periods in Salford, 

England during 195S. Daily average sulfur dioxide concentrations during these 

periods were between 0.5 and 1 ppm, and daily average smoke concentrations 

were above 1 mg/ra’. During the year period, bronchitis attack s ranged from 

130 percent of expectation in the most severely polluted area to 60 percent in 

the leas t polluted area . Average daily sulfur dioxide concentra tions in the 

more heavily polluted are as were approxim ately 0.25 ppm; in the less polluted 

areas average daily sulfur dioxide concentration s were approximately 0.10 ppm. 

Average daily smoke values were approximate ly 500 Mg/m3

 in the more severely polluted are as a nd 350 yg/m3

 in the less polluted areas.

In a Detroit, Michigan/W indsor, Ontario study, gre ater morbidity was observed in a rea s with higher pollution tha n in a rea s with lower pollution. Sulfur 

dioxide concentration s were about twice as high in the more polluted areas 

(0.04 to 0.10 ppm annual average) as in the lesser polluted areas. In the more 

highly polluted are as suspended partic ulates were found to be 1.2 to 1.8 times 

gre ater (193 to 281 gg/m3

 an nua l average) tha n in the lesser polluted areas. As 

absolute differences in pollution between otherwise comparable are as increased, 

gre ate r increases in sickness rate between the are as were noted.

Zeidberg, et al studied morbidity among 9.313 individuals in 2.833 households in Nashville, Tennessee. The major pa rt of the analysis was confined to 

the middle socioeconomic class households representing 6.393 individuals. A 

dire ct correlation between morbidity and pollution could not be shown with 

any consistency except for those 55 years of age or older. In thi s older age 

group card iovascu lar morbidity among the white population progressed as 

eith er the soiling index or sulfur dioxide concentration in the resid ential area 

increased. Card iovascu lar morbidity was f pproximately twice as high in the
CLEAN AIR ACT AMENDMENTS OF 19 66 55

most polluted are as (ann ual average—Cohs 0.831 or more, sul fur dioxide 0.01 

ppm or more) as in the least polluted are as (Cohs 0.330 or less, sul fur dioxide 

0.005 ppm or less ). The annual averages are geometric means which can be 

approximately converted to arithmetic means by multiplying by 1.5. Relationships between air pollution and morbidity rat es for cancer, res piratory diseases, 

and gastrointestinal diseases could not be dem onstrated.

Epidemiologic studies of morbidity between cities

Dohan studied the incidence of respira tory illnesses lasting more tha n 7 days 

in female employees in 5 cities. The results of this study showed a very high 

correlation (0.964) of the average concentration of suspended sulfate in the 

air in these cities with the rat e of respiratory illnesses. The average sulfate 

concentrations for the cities ranged from 5 to 20 yg /m3. During the noninfluenza epidemic years the incidence of respiratory disease was more than 

twice as great in the city with the highest surface concentration as in the city 

with the lowest sulfate concentration.

• The incidence of total respiratory disease during the 1957 to 195S Asian influenza epidemic was greater tha n in the same citie s during non-epidemic 

years. In the city with the lowest concentration of suspended sulfates there 

was approximately a 20 percent increase in the incidence of respiratory illness 

during the epidemic year, whereas, in the city with the highest concentration

- of suspended sulfate there was approximate ly a 200 percent increase in the

incidence of respiratory illness. During the influenza year the incidence of 

respiratory diseases in the city with the highest pollution was more than 5 

times as high as in th e city with the leas t pollution. The autho r could not demonstra te correlations between res piratory disease rat es and the mean concentra ­

tions of benzene soluble organic matter, acetone soluble organic matter, nitrates, 

copper, or zinc. However, the mean concentration s of nickel and Vanadium 

(mea sured in 4 cities) increased along with increase in incidence of resp iratory 

disease.

Epidemiologic studies of morbidity associated w ith air pollution episodes

Increase d illness rates associated with the acute ai r pollution episodes which

occurred in the Meuse Valley in 1930, Donora in 1941, New York City in 1953 and 

1962, and London in 1952 an d 1962, and in which high concentra tions of sulfur 

oxides were p resent have been reported.

In the Meuse Valley, Belgium during a period of anticyclonic weathe r in December, 1930, a dense fog enveloped the valley. By the third day many of the 

residents developed throat irrita tio n, hoarseness, productive and non-productive 

cough, shortness of breath, and sense of chest constriction. Some individuals also 

developed nausea and vomiting. The most severely affected were elderly people 

and indiv iduals who had previous cardiorespira tory disease. No measurements 

of ai r pollution were made at the time of the episode, but subsequent investigations indicated th at the oxides of sulf ur were the principle irrita nt.

In Donora, Penn sylvania in October, 1948 a similar meteorological condition 

occurred which lasted 4 days. By the third day 42.7 percent of the population 

(5910 persons) developed mild to severe symptoms of irrita tio n characterized by 

burn ing of the eyes, tearing, nasal discharge, sore thro at, non-productive cough, 

nausea, vomiting, and diarrhea. No age group was spared but the incidence 

rate of illness increased with age. Regardless of age the most sensitive individuals were those with pre-existing heart and lung disease. Retrospective 

studies indicated that sulfur dioxide levels may have reached 0.5 to 2.0 ppm and 

th at large numbers of other airb orne pa rtic ula tes and gases were present.

Ciocco and Thompson restudied the Donora population 10 years af ter the 

incident. Among the persons surviving in 1957 who could be questioned (80 percent of the total study group) there was no evidence th at those who smoked 

tobacco in any form prior to October, 1948 became ill during the episode at a 

higher rate tha n those who did not smoke. The essential findings were that 

persons who repo rted acute illness at the time of the smog episode subsequently 

demonstrated higher mortal ity and higher prevalence of illness tha n the other 

persons living in th e community a t th at time.

Abercrombie reported th at the norm al number of weekly applications for 

emergency bed service during the month of December in London was approximately 1000. In 1952 when a severe smog developed between December 5 and 

December 9 the weekly total number of applications was more than 2500. The 

increase in illness was larger in car diorespira tory disease. The illness rate did 

not retur n to the normal sta tistical rate for appro ximately 2 to 3 weeks. Sulfur
56 CLEAN AIR ACT AMENDMENTS OF 19 66

dioxide measurements during the smog reached peak levels of 1.3 ppm and the 

general averag e during the episode was 0.7 ppm.

Greenburg, et al. reported that during the period of high air pollution in New 

York City in November, 1953 pediatric and a dult clinic visits fo r upper respiratory 

illnesses and card iac diseases rose above normal in all of the 4 hospitals studies. 

Sulfur dioxide ranged between 0.07 ppm and 0.86 ppm from November 12 to 

November 24, and hospital admissions were clearly elevated by November 16 at 

which time concentrations had not exceeded 0.25 ppm.

From November 27 through December 4, 1962 a condition of atmospheric sta ­

bility occurred in New York City during which sul fur dioxide concentra tions 

ranging up to 1.4 ppm and Cohs values ranging up to 9 were observed. Greenburg, et al studied visits during this period for upper respira tory infections, 

cardiac conditions, and asthma at five emergency clinics in the major city hospitals, four old-age homes, an employee clinic at the Chase Natio nal Bank, and 

visits recorded by the Blue Shield Health Insurance Plan. The average daily 

visits at each of the installatio ns were compared with the period prior to and 

subsequent to December 1 through 7. No significant change was found in the 

records of any of the facilitie s with the exception of the fou r old-age homes. A 

significant rise in upper respira tory illness was found in all 4 of the old-age 

homes, and the incidence of illness did not ret urn to normal until after December 14.

Acute illnesses then, of epidemic magnitude developed after 24 h our average 

sul fur dioxide concentrations of approxim ately 0.5 ppm, during which peak 

hourly averages of 0.75 ppm or more occurred, and when suspended particulate 

ma tter concentrations of 1000 Mg/m3

 or h igher or when Cohs values of 8 or more 

were attained. Incre ased hospitaliz ation and outpatient clinic visits were pri ­

marily attrib ute d to cardiore spirato ry illnesses. In severe episodes accompanied 

by fog, nausea and vomiting occurred in addition to the usual symptoms of respiratory irritation . Secondary complications frequen tly develop in individuals of 

all age groups, but the elderly individuals and the indiv iduals with preexisting 

card iore spirato ry disease are especially susceptible. From one study it was determined 10 years after the episode that individuals who became ill during the 

outb reak had a less favorable morbidity and mortality experience than those 

who were n ot so affected.

Epidemiologic stu dies of deaths among cities

Studies of differences in death rates between different cities of the United 

States as they rela te to air pollution have not been made. However, several such 

studies have been made in England. Very high correlations have been obtained 

between various measures of air pollution containing sul fur oxides and respiratory disease deaths. Bronchitis death rates relate strongly to indices of air 

pollution from domestic coal consumption, lead peroxide candle sulfation rates, 

and to pH of the precipitation. Pneumonia death rates increase from 40 per 

100,000 to 60 per 100.000 as sulfate in the dustfall increases from 1.4 to 7 ton s/ 

mi2

/mo. Bronchitis death rates increase by a fac tor of about 1.5 as lead peroxide candle sulfation rates increase from 0.75 to 2.25 mg/100 cmJ

/day.

Epidemiologic studies of deaths during air pollution episodes

Numerous reports of increased deaths during ai r pollution episodes exist. 

In London, annual average sulfur dioxide concentration s are about 0.10 ppm, 

but fogs are frequent, and air pollution episodes occur in varying degrees 

almost every year. In the most notable episode, th at occurring in 1952. there 

were 4000 excess deaths. During this episode sul fur dioxide averaged 0.7 ppm 

during the 4-day period and reached a peak of 1.3 ppm for a “sho rt period”. 

In the United States only a few such incidences have been recorded, but an 

intensive search for their occurrence has not been made.

In the 4 day air pollution episode at Donora. Pennsylvania in October, 1948, 

17 persons died on the third day and 3 o ther deaths were ascribed to fog. Normally at Donora in the period 1948 to 1948 about 100 persons died per year or 

1 person every third day. The ages of the 20 persons who died during the 

episode ranged from 52 to 84 years. Pre-existing disease of the cardiorespira ­

tory system appeared as a single fac tor among the fatally ill. although in four 

cases no histo ry of any chronic disease was obtained. Autopsies of three persons who died during the smog showed acu te changes in the lungs characterized 

by capillary dilation, hemorrhage, oedema, purulent bronchitis, and bronchiolitis. Chronic cardiovascula r disease was a prominent fea tur e in the autopsies.
CLEAN AIR ACT AMENDMENTS OF 19 66 57

Only in the degree of severity and in the outcome were fatal cases different 

clinically from the severely ill persons who did not die.

In the ai r pollution episode occurring in November, 1953 at New York City the 

average number of dea ths per day in the period November 15 to November 24 

was 244, whereas the averages for 6 control years ranged from 218 to 227. 

The increase was generally distrib uted over all age groups and all causes of 

dea ths except accidents, homicides, and suicides.

Existing data, then, indicate that excess dea ths may occur in United States 

cities with ann ual average sul fur dioxide concentration s of 0.05 ppm or more 

when periods of pollution buildup occur, or during stag nation periods of 3 or 

more days in which peak instantane ous concentrations of 1 ppm or % hour 

average concentrations of 0.8 ppm occur. Deaths are not limited to any pa rticula r group but certain groups, including those with pree xisting hea rt, circula tory , or respiratory diseases, and inf ants and the elderly are certainly 

affected.

Selected References

1. A comprehensive listing of references to, and abstracts of, scientific reports

on sul fur oxide pollution and its effects on health and welfare is contained 

in “Sulfu r Oxides and Other Sulfur Compounds: A Bibliography with 

Abstracts,” P ublic Health Service Publication No. 1093, U.S. Department of 

Health, Education, and Welfare, Washington, D.C., 1965. A selection of 

imp ortant references follows.

2. Greenburg, !»., Jacobs, M. B., Field, R., Bravem an, M. M. and Drolette, B. M.

Air pollution and health. Report of an incident in New York City during 

November. 1953. Public Health Reports. 77 :7-16. Jan . 1962.

3. Firket, J. The cause of the symptoms found in the Meuse Valley during the

fog of December, 1930. Bull. Royal Acad. Med. Belgium. 11 :683. 1931.

4. Schrenk. H. H., Heimann, H., Clayton, G. D., Gafafer, W. M. an d Wexler, H.

Air pollution in Donora, Pa. Pub. Health Bull. No. 306. Fed eral Security 

Agency. Washington, D.C., 1949.

5. Spicer, W. S. The complexity of the rela tion ship between air pollution and

respiratory health. Proceedings of the National Conference on Air Pollution. December 10-12,1962. PHS Pub. No. 1022.

6. Rohrman, F. A. and Ludwig, J. H. Sources of sul fur dioxide pollution.

Presente d a t the 55th National Meeting Amer. In st, of Chem. Eng., Houston, 

Texas, Feb. 7-11, 1965. Session No. 46. Pap er No. 46e. pp. 1-16.

7. Greenburg. L. and Jacobs, M. B. Sulfur dioxide in New York City atmosphere. Ind. Eng. Chem. 48:1517-1521. 1956.

8. Heimann, H. Effects of air pollution on hum an health. I n : Air Pollution.

WHO Monograph Series No. 46. Col. Univ. Press. 1961. pp. 159-220.

9. Goldsmith. J. R. Effects of ai r pollution on humans. I n : Air Pollution.

Vol. I. Stern. A. C., ed. Acad. Press, New York. 1962 pp. 335-386.

10. Lawther. P. J., Martin, A. E. and Wilkins, E. T. Epidemiology of air pollution. WHO Pub. Hea lth Papers, No. 15, Geneva. 1962.

11. Catcott, E. J. Effects of air pollution on anim als. In : Air Pollution. WHO

Monograph Series No. 46. Col. Univ. Press. 1961 pp. 221-231.

12. Farber, S. M. and Wilson, R. H. L. Air co nta mination: A resipratory haza rd.

J. AMA. 180:362-366. May 5, 1962.

13. Goldsmith. J. R. Effects of ai r pollution on man. Connecticut Medicine.

27 :455-464. Aug. 1963.

14. Prindle, R. A. and Landau, E. Hea lth effects from repea ted exposure to low

concentrations of ai r pollutan ts. Public Health Reports. 77 :901-909. 

Oct. 1962.

15. Anderson, R. J. Epidemiologic studies of ai r pollution. Dis. of the Chest.

42 :474—480. Nov. 1962.

16. Spicer, W. S.. Jr ., Storey, P.B.. Morgan, W. K. C., Kern. H. D. and Stan diford.

N. E. Variation in respiratory function in selected patients and its r elation 

to air pollution. Am. Rev. Resp. Dis. 86 :705-712. Nov. 1962.

17. Waler, R. E. and Lawther, P. J. Some observatio ns on London fog. Brit.

Med. J. 2 :1356. 1955.

18. Pemberton. J . Air pollution as a possible cause of bronch itis and lung cancer.

J. Hyg. Epidemiol. Microbiol. Immunol.

19. McCarroll. J. R., Cassell. E. J., Ingram. W. and Wolter. D. Health and the

urba n environment. Arch. Environ. Health. 19:357-363. Feb. 1965.

20. Motley. II. L.. Sma rt. R. H. and Leftwich, C. I. Effect of polluted Los Angeles

air on lung volume measurements. J. AMA. 171:1469-1177. Nov. 1959.
CLEAN AIR ACT AMENDMENTS OF 19 66 58

21. Anderson, D. O. and F erri s, B. G. Air pollution levels and chronic respiratory

disease. Arch. Environ. Health. 10 :307-311. Feb. 1965.

22. Prindle, R. A., Wright, G. W., McCaldin, R. O., Marcus, S. C., Lloyd, T. C. an d

Bye, W. E. Comparison of pulmonary function and oth er para meters in 

two communities with widely different air pollution levels. Am. J. Public 

Health. 53 :200-218. Feb. 1963.

23. Heiman, H. Air pollution and respiratory disease. PHS Pub. No. 1257.

1964.

24. Phillips, A. M. The influence of environmental factors in chronic bronchitis.

J. Occupat. Med. 5 :468-475. Oct. 1963.

25. Zeidberg, L. D., Prindle, R. A. and Landau, E. The Nashville air pollution.

AM. J. Public Health. 54 :85-97. 1964.

26. Dohan, F. C. Air pollutan ts and incidence of respira tory disease. Arch.

Environ. Health. 3 :387-395. Oct. 1961.

27. Greenburg, L., Field. F., Reed, J. I. and Ehrha rdt, C. L. Air pollution and

morbidity in New York City. J. AMA. 182:161-1^4. Oct. 13, 1962.

28. Greenburg, L., Field, F., Erhardt , C. L. and Reed, J. I. Air pollution incidents and morbidity studies. Arch. Environ. Health. 10:351-356. Feb.

1965.

29. Zeidberg, L. D.. Horton, R. J. M. and Landau, E. The Nashville air pollution stud y: V. Mortality from diseases of the respiratory system in relatio n to ai r pollution. Presented at the Am. Public Hea lth Assoc., 91st 

Annual Meeting, Kansas City, Missouri. 1963.

30. Wilkins, E. T. Air pollution. Some chemical and physical aspects of its effects on living material. I n : The Effects of Air Pollution on Living Material. Symposia of Biology. 8 :71-80. The Insti tute of Biology. London. 

1959.

31. Wilkins, E. T. Air pollution and the London fog of Dec. 1952. J. Royal

Sanit. Inst. 47 :1-15. 1954.

32. Scott. J. A. The London fog of December, 1962. Med. Officer (London).

109 : 250-252. April, 1963.

33. Prindle, R. A. Notes made during London smog in December, 1962. Arch.

Environ. Health. 7 :493-496. Oct. 1963.

OX IDA NT S

Oxidants are a major class of compounds found in photochemical smog—a 

major air pollution problem arising from atmospheric reactions of gases derived 

from the combustion of organic fuels. Emissions from motor vehicles are a 

prime fac tor in the form ation of photochemical smog in virtually all parts of 

the country. Other factors which contribute to smog form ation are the combustion of fuels for heat and electric power, burn ing of refuse, evaporation of 

petroleum products, and handling and use of organic solvents. The principal 

identifiable oxidants in polluted urba n ai r are ozone, the peroxyacyl nit rat es 

(PA N), and the oxides of nitrogen, prim arily nitrogen dioxide.

Effe cts of photochemical smog on man

Eye Irritation.— The most commonly experienced effect of photochemical 

smog is eye irritation. The components causing eye irrita tio n have not been 

completely identified, but there is some correlation between the occurrence of 

eye irrita tio n and overall levels of oxidan t in the atmosphere. Eye irritation 

is generally experienced at community oxidan t levels of 0.1 parts per million 

(ppm) and higher.

Odor.—There is a cha rac teristic pungent odor associated with photochemical 

smog. Ozone is an acrid component of this odor.

Resp iratory Effe cts.—Studies have shown that it is harder for humans, particu larly patients suffering from chronic respiratory disease, to breathe in 

areas having even a moderate level of photochemical ai r pollution (0.10 ppm 

tota l oxid ant or higher. In clinical stud ies of patients with chronic bronchopulmonary disease exposed to t he am bient Los Angeles smog for one week (when 

compared to the effects on the same patients breathing filtered ai r for a similar 

period), the most significant and unifo rm effect of photochemical smog exposure was an increase in oxygen consumption and a decrease in oxygen content 

in the blood (decrease in arteria l blood oxygen tension levels) during light 

exercise. Thus, while the patients were consuming more oxygen, less of it 

was being made available to the body. There also was greater difficulty in 

breathing (increased pulmonary airway resistan ce) in the pa tients when brea thing the smoggy air.
CLEAN AIR ACT AMENDMENTS OF 1966 59

Effects of photochemical smog in animals

Short-term Effects.— Studies on guinea pigs exposed over the ir lifetime to 

atmospheric photochemical smog showed that the anim als experienced greater 

difficulty in breathing on days of high photochemical ai r pollution levels. Even 

more significant increases in breathing resistance, partic ula rly in the older 

animals, occurred on days having severe smog.

Long-term Effect.— Laboratory mice exposed to community photochemical 

smog levels over a 16-month period showed an increase in lung tumors (adenomas) in the aging anim als when compared to the controls exposed to filtered 

air.

Several strain s of young labo ratory mice, 5-8 weeks old, when chronically 

exposed continuously to low levels of synthetic smog (irradiate d auto exh aust 

cycled within tes t chambers to simulate the daily oxid ant fluctuation pattern 

occurring in ambient air ) showed increased susceptib ility to pulmonary infection and chronic disease during the la tte r half of the animals’ lifetime compared to controls exposed only to clean filtered air. Significant decreases in 

mouse fer tility and survival rate of infant mice were also manifested during 

the 13-month exposure period (through the animals’ effective reproductive period).

Effects of ozone on man

Odor.—The cha racteristic sha rp odor of ozone, sometimes described as an 

“electrical” odor, can be detected insta ntan eously at very low concentration s 

(0.02-0.05 ppm), depending on individual acuity. At somewhat high er concentra tio ns (0.05-0.10 ppm) the odor becomes more pronounced and disagreeable.

Respiratory Effects.—Ozone is a severe irritant to all mucus membranes. Signific ant exposures may cause pulmonary congestion and other complications. 

The first symptoms of irrita tio n due to ozone, dryness of the upper respiratory 

passages and initial irrita tio n to the mucous membranes of the nose and throat, 

occur after brief exposures (13-30 minutes) to low concentration s (0.05-0.10 

ppm ). At higher concentration s (0.30-1.0 ppm, all within the recorded range of 

community oxidan t levels) and after somewhat longer exposure (15 min utes2 h ours), there is marked respiratory irrita tio n accompanied by respiratory distress (choking, coughing and severe fatigue, partic ularly at the upper end of 

this ran ge) . At relatively high concentrations, such as found in severe photochemical smog, lung function is imparied for the dur ation of exposure and beyond. Based on a laboratory study of exposure of normal subjects to 0.6-0.8 ppm 

ozone for a single 2-hour period, there was a marked change in lung function 

(highly significant reduction in diffiusing capacity and significant reduction in 

vita l capacity and forced expiratory volume) lasting up to 24 hours. Bronchial 

irrita tio n and substernal soreness also lasted up to 12 hours, while slight coughing lasted up to 24 hours. At still higher concentrations, beyond the highest 

levels found in community photochemical smog (1.5-2.0 ppm), a single 2-hour 

exposure to ozone caused general morbidity in a man lasting for approximately 

two weeks aft er a single two-hour exposure. His immediate symptoms included 

impaired lung function, severe chest pains, alte red taste sensation, coughing, 

headache and extreme fatigue. During the period of severe malaise following 

exposure, the subject also showed a loss of coordinating ability and difficulty in 

expression and articulatio n.

Effects on Vision.— Humans exposed to significant levels (0.20-0.50 ppm for

3 hours) showed a considerable decrease in visual acuity and changes in the e xtr a 

•ocular muscle balance, night-vision, latera l phoria, and other visual effects.

Long-term Effects.— Few long-term studies of ozone exposure of humans have 

■been reported. Chronic occupational exposures to inte rmitte ntly and relatively 

high concentrations of ozone (0.5-1.2 ppm averages) over a two-week period 

-caused severe recu rren t headache, fatigu e, chest pains, difficulty in b reathin g and 

wheezing.

Effects of ozone on animals

Short-term Effects.— A con centration of 0.10 ppm ozone for 3 hours causes an 

increase in mortality of test anima ls over similarly infected anim als not exposed 

to ozone. Concentrations of ozone (comparable to commonly found atmospheric 

levels) also cause a decreased activity in mice (decreased running ability after 

exposure to 0.20 ppm for 6 hou rs), while ozone levels of 0.34 ppm and above for 

2 hours caused temporarily impaired lung function. At ozone concentrations 

well above present community levels (1.50 ppm and above), pathological lung 

changes occurred after single 4-hour exposures which apparently were reversible 

after w ithd raw al from the ozone environment.
GO CLEAN AIR ACT AMENDMENTS OF 19 66

Long-term Effects.— Continuous ozone exposure for 3-17 weeks at conc entrations of 0.10-6.25 ppm shortened the lives of infected guinea pigs and increased 

the ir mortality rate, while discontinuous long-term exposures (0.10-0.20 ppm 

for 7 hour s/day, 5 days/wee k for 3 weeks) caused an increase in the mortality 

of new-born mice. Significantly increased mortality and severe chronic lung 

injury including hemorrhage, fibrosis of the lung parenchyma and constriction 

of the lung airw ays occurred in guinea pigs and rats when discontinuously exposed to ozone concentrations of 1.50 ppm for 62 weeks.

Effects of PAN on animals and man

The use of PAN compounds in anim als or human exposures is only quite 

recent and thus litt le information has been developed. No appare nt evidence of 

pronounced injury to anim als exposed to PAN in concentrations approximating 

atmospheric levels has been observed to date. PAN, however, did cause eye 

irr ita tio n when panels of human volunteers were exposed to pure synthetic 

PAN at a concentration of 1 pm for 10-15 minutes; the threshold of detection 

of PAN is approached at 0.5 ppm for 12 minutes.

PAN appears to have an effect on pulmonary fun ction of humans sim ilar to tha t 

reported above for oxidant. In a re cent study, it w as found t ha t health y stude nts 

when performing moderate exercise and breathing 0.30 ppm PAN for 5 minutes 

showed a statistically significant increase in oxygen uptake compared to an 

identical period when they were breathing clean filtered a ir ; breathing also 

was affected.

Selected References

1. Haagen-Smit, A. J . : Chem istry and Physiology of Los Angeles Smog. Ind.

Eng. Chem. 44 : No. 6,1342, June 1952.

2. Haagen-Smit, A. J . : Photochemistry and Smog. J. Air Poll. Cont. Assn.

13: No. 9. 444, September, 1963.

3. Stephens, E. R., Darley, E. F., Taylor, O.C., and Scott, W. E .: Photochemical

Reaction Prod ucts in Air Pollution. Int. J. Air Water Poll. 4: Nos. 1-2, 

79, 1961.

4. Mittler, S., King, M., and Bu rkhardt B .: Toxicity of Ozone. III. Chronic

Toxicity. Arch. Ind. Health. 15: 191, March 1957.

5. Murphy, S. D., Ulrich, C. E., Frankowitz, S. II., and Xintaras, C.: Altered

Func tion in Animals Inhalin g Low Concentrations of Ozone an d Nitrogen 

Dioxide. Am. Ind. Hyg. J. 25: 246, May-June 1964.

6. McDonnell, H. B .: Experim ents with Ozone on Guinea Pigs. J. Ass. Off.

Agric. Chem. 13: 19, 1930.

7. Smith, L. E .: Peroxyacetyl Nitra te Inhalation. Cardioresp iratory Effects.

Arch. Envir. Health. 10:161, February 1965.

8. Scheel. L. D., Dobrogorski, O. J., Mountain, J. T., Svirbely, J. L., and

Stokinger, H. E .: Physiologic, Biochemical, Immunologic, and Pathologic 

Changes Following Ozone Exposure. J. Appl. Physiol. 14: No. 1, 67, Ja nuary 1959.

9. Lagerwerff, J. M.: Prolonged Ozone Inhalation and its Effects on Visual

Parameters. Aerospace Medicine. 34: No. 6, 479, June, 1963.

10. Brinkman, R., Lamberts, H. B., and Veninga, T. S.: Radiom imetic Toxicity

of Ozonised Air. The Lancet. 7325 :133, January 18, 1964.

11. Balchum, O. J., Buckley, R., Levey, S., Bertolino, J., Swann, H., and Hall,

T .: Stud ies in Experim enta l Emphysema. Arch. Envir. Health. 8: No. 

1, 132, Jan uary, 1964.

12. Spicer, W. S., J r .: Relation of Air Pollution to Disease. Arch. Envir. Health.

9: No. 5, 600. November. 1964.

13. Remmers, J. E., and Balchum, O. J . : Effects of Los Angeles Urban Pollution

Upon R espiratory Function of Emphysematous Patients. Pap er No. 65-43. 

Presented at the 58th Annual Meeting, Air Pollution Control Association, 

Toronto, Canada, Ju ne 1965.

14. Swann, H. E., Brunol, D., Wayne, L. G.. and Balchum. O. J . : The Acute Effects

of Los Angeles Smog on the Respiration of Guinea Pigs. Arch. Envir. 

Health. In press.

15. Heuter, F. G., Contner, G. L.. Busch. K. A. and Hinners, R. G.: Biological

Effects of Atmospheres Contaminated by Auto Exhaust. Arch. Env. H ealth. 

In press.

16. Schoettlin, C., and Landau, E .: Air Pollution and Asthmatic Attacks in the

Los Angeles Area. Public Health Reports. 76: 545, June 1961.
CLEAN AIR ACT AMENDMENTS OF 19 66 61

CARBON MONOXIDE

Carbon monoxide is one of the most common of all urban air polluta nts and one 

of the most h armful to man. Its abil ity to impede the oxygen-carr ying capa city 

of the blood makes it lethal in high concentrations. In the passenger compartment 

of motor vehicles in traffic, it may reach levels sufficiently high to interfe re with 

man’s driving abil ity and thus pose a safety hazard in virtua lly any community, 

regardle ss of the ex tent of ambient air pollu tion. Though all processes inv olving 

combustion of carbonaceous mate rial produce carbon monoxide, the motor vehicle 

is by fa r the most important source from which this pollutant gas reaches the 

atmosphere. The wide use of motor vehicles, coupled with the fac t that they 

discharge polluta nts from points close to the ground, makes them the prime 

contributor to most people’s daily exposure to carbon monoxide. Feder al stand ­

ards to control carbon monoxide emissions from new motor vehicles have been 

established and will be effective beginning with 1968 model c ars and light trucks. 

Eff ect s of carbon monoxide on man

Carbon monoxide poisoning is a well understood phenomenon. As with many 

other harm ful gases, the degree of damage which man sustain s as a result of 

exposure to carbon monoxide is related to the concentration of the gas in inhaled 

air and the length of exposure. The hazar ds of carbon monoxide arise mainly 

from its strong affinity for hemoglobin, which carries oxygen to body tissue s. 

The effect of carbon monoxide combining with hemoglobin is to deprive the tissues 

of needed oxygen. At concentrations of slightly more than 1.000 ppm. carbon 

monoxide kill s quick ly. Fi ft y parts per million is now recommended as the 

upper limit of safety for healthy indu strial workers exposed for an eight-hour 

period. At approximate ly 100 ppm, most people experience dizziness, headache, 

lassitu de, and other symptoms.

There are many factors which cause a greate r susceptibility than the average. 

Drin ker has pointed out that any impairment in circulation, heart disease in 

any form, anemia , asthma , lung impairm ent, any condition tha t speeds metabolism, any increase in act ivity, high temperature, high humidity, and high altitud e 

are conducive to ma king certain persons p articula rly vulnerable to carbon monoxide exposure.

In adopting its “serious” levels of standards for carbon monoxide in 1960, the 

Califo rni a Department of Publ ic Health indicate d tha t exposure to 30 ppm of 

carbon monoxide for eight hours, or exposure to 120 ppm for one hour, may be a 

serious risk to the health of sensitive people. These levels were based on the 

assumption that such exposures would result in the i nact ivati on of five percent of 

the body’s hemoglobin. At these levels, there were cognitive and psychomotor 

capa bilit y deficits. The degree of impairment increased with the ambient carbon 

monoxide level and the carboxyhemoglobin level in the blood become higher if 

the subject was smoking or was a chronic general smoker.

At high levels of concentration, carbon monoxide, more than any other air 

pollutant, has been identified as a parti cipant in syner gistic reactions. For example, the combined effect of carbon monoxide in the presence of hydrogen sulfide or nitrogen dioxide is more severe than the sum of the effects of each of 

the gases. At low levels, synergism has not been establ ished; however, carbon 

monoxide with other p ollutan ts probably has an ad ditive effect.

Clini cal-epid emioloff ical st udie s

A substantial part of existing scientific inform ation on the effects of carbon 

monoxide has come from clin ical studies of healthy adult males. Thus, in 1929, 

men were exposed in a chamber from 4 to 7 hours dail y, for 68 days, to gasoline 

engine exha ust contain ing 200, 300. and 400 ppm of carbon monoxide. At 200 

ppm, carboxyhe moglobin reached 25 percent in 5 or 6 h ou rs; more than one-half 

the subjects experienced no symptoms at all, the remainder suffering sligh t discomfort in 2 hours and fron tal headache in 4 h ours. At 300 ppm and at 400 ppm, 

carboxyhemoglobin reached 30 percent, within 5 and 4 hours, respectiv ely. At 

the higher concentration, more than 90 percent of subject s suffered fron tal headache within 4 hours and a few complained of occipital headache. No other adverse effects upon health or well-being were detected, and psychologic examination revealed only a sligh t tendency to poorer performanc e in the prolonged 

steadiness test. A definite increase in hemoglobin and red blood cell count was 

noted.

More recently, Nichols and Kin sey exposed volunteers during prolonged submarine submergence to from 25 to 100 ppm of carbon monoxide for 22 days. 

The number of headaches occurring during 6 days at 100 ppm was significan tly

69-400 0 - 6 6 - 5
62 CLEAN AIR ACT AMENDMENTS OF 19 66

gre ate r tha n the number occurr ing during 6 days immed iately following return 

to outboard ve ntila tio n; but the level of carboxyhemoglobin was in the range of 

subjective compl aints in only two subjects.

Exposure to even small amounts of carbon monoxide may impair visual discrimi natio n. In experiments on human subjects, Halperi n and co-workers 

showed th at visua l sens itivity to differences in ligh t intensit y may suffer reve rsible impa irme nt even at carboxyhemoglobin levels as low as 3 perce nt and that 

the visual effect depends not only on the absolute blood carboxy hemoglobin level 

but also on t he length of time thi s substance is pres ent in the blood. Fu rth ermore, about one-third of the carbon monoxide adm inist ered over an hou r’s time 

app ears to diffuse into the tissue s and is tigh tly bound there, so th at aft er carbon monoxide is eliminated from the blood, visua l impa irme nt may pers ist for 

vary ing periods of time, depending both on the conc entra tion of carbon monoxide in the blood and the d ura tion of its presence there. It has also been shown 

th at ca rbon monoxide e xposure may affect the aud itory and nervou s systems. 

Carbon monoxide in oars

Recent resea rch has focused atte ntion on the exten t to which carbon monoxide 

in the passen ger comp artme nt of moto r vehicles in traffic or park ed alongside 

heavily trav elled stre ets may reach concentratio ns in excess of those in the 

ambi ent air. Because of the possible adve rse effects on mot oris ts’ ability to 

respond to complex driving situatio ns, this aspect of the carbon monoxide problem is being given incre asing a tten tion by the D ivision of Air Pollution.

Concentrations of carbon monoxide inside automobiles trav ellin g on or parked 

along routes of high traffic density dur ing rush-hour periods have been m easured 

in the six citie s wher e the Public Health Service conducts ai r sampling in its 

Continuous Air Monitoring Program. The conc entration s measured repr esen t 

exposu res experien ced by commuters, bus drivers, taxicab drive rs, policemen, 

and othe rs travelling on busy routes.

The 30-min ute inte grated samples collected in this prel iminary investigation 

showed th at carbon monoxide conc entra tions insid e motor vehicles in traffic 

were gener ally considerably high er than levels recorde d simu ltaneo usly at Continuo us Air Monitoring Prog ram sites. In heavy traffic conc entra tions inside 

vehicles were 1.3 to 6.8 times the simultaneous ambie nt ai r values. In all likelihood, in-car conc entrations were even higher at times; peak values could not be 

determ ined from the 30-minute integra ted samples.

In each of the six cities, carbon monoxide conc entra tions exceeded 30 ppm in 

at leas t 10 percent of the inte gra ted samples. The averages of all samples collected in each city ranged from 21 to 39 ppm. The range of indiv idual samples 

was 7 to 77 ppm.

In 1956, the Fuel Resea rch Station in England reported the occurrence of 

elevat ed levels of carbo n monoxide. In the Janu ary 1956 smog episode, carbon 

monoxide conc entra tions in the ambi ent ai r reach ed 50 ppm in London and 80 

ppm in Salford . Insid e automobile s, conc entrations were undoub tedly considerably higher. For comparison, the average carbon monoxide level in London du ring 1955 w as 15 ppm.

Conce ntrations high er than 100 ppm occasion ally occur in garages, tunnels, 

behind automobiles, or in the open atmosp here. For example, maximum concentra tio ns of more tha n 100 ppm were found during sever al months of observation 

in Detroit in 1960. Recent measurements in London suggest th at such levels 

may not be simply spora dic; in Oxfor d Circus, the re were freq uen t periods of 

more tha n 100 ppm.

It is quite possible, then, th at the levels of carbon monoxide th at are reached 

in the streets both in vehicles and close to highw ays are frequently high enough 

to affect some especially susce ptible persons, such as those already suffering 

from a disea se associated with a decrease of oxygen -carryin g capacity of the 

blood (e.g., an em ia) , or those suffering from cardio-resp irato ry disease. The 

ex tra burden th at is placed on the body by the reduc tion of the oxyge n-carryi ng 

capa city of the blood induced by carbon monoxide may cause injury to vita l 

organs. People alre ady burde ned by the presen ce in the ir blood of unus ual 

amou nts of carbon monoxide because of tobacco smoking or occupa tional exposure, may also be adver sely affected by the extra amou nt of carbon monoxide 

they inha le from contaminated air.

Chronic e xposure

Anothe r imp ortant aspect of th e carbon monoxide problem rela tes to the occurrence of inj ury to person s exposed to low levels of the gas over long periods of
CLEAN AIR ACT AMENDMENTS OF 19 66 63

time. Some re sear chers believe that even small amounts of this gas are likely to 

produce some dete ctable response. In many foreign countries, chronic carbon monoxide poisoning has been an 

accepted clinical ent ity for some years. It was describe d in Finl and in driv ers 

of motor car s oper ated by charcoal gas; in Yugoslav ia; in Scan dinavian coun­ trie s; and in Canada. In Jap an, work ers occupationally exposed to carbon 

monoxide fumes exhib ited optic neu ritis , hea ring impairment, and ves tibu lar 

disturba nce conceivably attrib uta ble to the exposure. In Russia , Skvortsova surveyed schoolgirls who had lived from one yea r to their ent ire lifes pan with in 

a mile or so of steel furnaces, where atmo spheric carbon monoxide levels reache d conc entra tions of 106 ppm. Findings included elevated red blood cell counts 

(w ith low-normal hemoglobin) in 28 to 46 percent of subje cts and a corresponding incidence of headache, fati gab ility , and poor appetite , all of which were 

attrib ute d to chronic carbon monoxide exposure. In 1061, Lindgren reported on a study in which he had examined workers 

occup ationally exposed to carbon monoxide. These work ers suffered from an 

excessive frequen cy of headach e, inte rpre ted by the inve stigator as a sign of 

repeated sligh t acu te poisoning, hut no other clinic al man ifes tation considere d 

typic al of chronic carbon monoxide poisoning was found any more frequent ly in 

the exposed tha n in a contro l group. Investigati ons reported by Von Post-Lingen in 1964 and carried out between 

1955 and 1958 at the National In sti tute of Public Health in Stockholm reveale d differ ent res ults than did Lind gren’s study. Observations were made of the 

reactions of healthy persons to carbon monoxide conc entration s which do not 

gener ally cause subjective distu rban ces. The res ults of these experiments showed that: (1 ) Daily inha lation of carbon monoxide for four weeks, pro ­ ducing carboxyhemoglobin of 10-11 perce nt, gave rise to a cumu lative effect 

which was man ifest as lat ent impai rment' of the abi lity to disti ngui sh between ligh t flashes in rap id succession: (2 ) Daily inhalation of carbon monoxide producing 6-7 percent or 10-11 percent carboxyhemoglobin caused incre ase of 

sensitivity . In some se nsitivity subsided dur ing the following months and disa ppear ed af ter a year.

Current labo rato ry studies

An ongoing study by the Division of Air Pollu tion is p roviding da ta th at und erline the possible haz ards of high levels of carbon monoxide in car s and along busy streets. In one phase of the study, ra ts were exposed to carbon monoxide 

in conc entra tions of 30 to 50 pa rts per million for periods rang ing from 15 

minutes to two hours. A noise or an odor was used to simulat e an enviro nmental 

stimulus. The animal s’ bra in impulse pat ter ns were record ed and analyzed 

electronically. Ra ts exposed to carbon monoxide showed an abnormal pa tte rn of bra in 

impulses. The abn ormality seemed to correspond to reduce d alertne ss and at­ tentiveness, as indic ated by the animals’ response to noise and odors. Exposed 

anim als were not as prone to investiga te the stimulus as were norm al anim als 

not exposed to the carbon monoxide. The findings suggest th at exposure of the ra ts to carbon monoxide inte rfer ed with the ir ability to get along in the ir environment. Though the carbon monoxide did not seem to impede the ani ma ls’ abi lity to receive stimuli or act on 

them, it may have reduced their a bility to int egr ate s uch stimuli and thu s lay the 

ground work for makin g an ap pro priate response.

The significance of these findings in term s of h uman beha vior is stil l uncerta in, but t he implication is th at c arbon monoxide in rela tively low c once ntrations may 

keep man from dealing properly with a complex situ atio n, such as driving in 

traffic. The effect may be sim ilar to th at of alcohol or fatigue ; indeed, the 

effect of carbon monoxide may be doubly dange rous when a driver is tired , has 

had an alcoholic beverage, or is under tre atm ent with cer tain drugs, such as 

tran quilize rs. A prel imin ary inve stiga tion conducted in the summ er of 1965 in six ma jor 

citie s indic ated th at carbon monoxide levels inside cars in heavy traffic are often 

in the rang e in which ra ts’ bra in impulses ar e impaired. In the six citie s—Cincinn ati. St. Louis. Philadelphia, Denver. Chicago, and Wash ington , D.C.—in-car 

carbon monoxide conce ntrations we re sub stantially highe r t han am bient a ir levels 

at the same time. The meas urem ents w ere made on express-type hig hways a nd in downtown stre ets, m ainly d urin g morning and evening rush -hou r traffic. Thirty - 

minute ai r samples were collected in plastic bags and the n an aly ze d; ai r was 

taken throu gh open car windows.
64 CLEAN AIR ACT AMENDMENTS OF 19 66

The investigation is being continued on a somewhat more sophisticated scale. 

A mobile sampling unit has been equipped to m easure both carbon monoxide and 

hydrocarbons on a continuous basis and record the results automatically . The 

samples are representativ e of a ir that enters a car through open windows and airintake ducts for heating systems.

The mobile unit has made measurements in Cincinnati, Louisville, Atlanta, 

Baltim ore, and New York City. Also scheduled are Chicago and Detroit. Additiona l cities will be scheduled late r. The resu lts thu s fa r are similar to those 

of the preliminary investigation. This stud y is being conducted by the Division 

of Air Pollution of the Pubic Health Service.

Selected References

1. Sayers. R. R„ Yant, W. I’., Levy. E., and Fulto n, W. B .: Effect of Repeated

Daily Exposure of Several Hours to Small Amounts of Automobile Exhau st Gas. U.S. Public Hea lth Bulletin No. 186, Washington. D.C., 1929.

2. Ilalperin. M. II., McFarland. R. A., Niven, J. I., and Roughton, F. J. W .: J.

Physiol. 146: 583-593, 1959.

3. Grut, A.: Chronic Carbon Monoxide Poisoning. Ej na r Munksgaard, Copenhagen, 1949.

4. Lindgren, S. A.: Acta med. scandinav. 167 (suppl. 356) : 1-135, 1961.

5. Nichols, G., Jr., and Kinsey, J. L .: Carbon Monoxide as a Habita bility Factor in Prolonged Submarine Submergence. U.S. Naval Medical L aboratory, 

Report No. 223, New London, Conn., 1953.

6. Grudzinska, B .: Electroencephalographic patte rns in cases of chronic exposure to carbon monoxide in air. Folia Medica Cracoviensia 3: 493-515,

1963.

7. U.S. D epartmen t of Health, Education, and Welfare, Public Health Service,

Division of Air Pollution, Motor Vehicles, Air Pollution, and Hea lth—A 

Report of the Surgeon General to the U.S. Congress in Compliance with 

Public Law 86-493, The Schenck Act (Government Printing Office, Washington, D.C., 1962).

8. Xin taras, C.: Aplication of the evoked response technique in air pollution

toxicology, Toxicology a nd Applied Pharmacology 8: 77-87, 1966.

9. Moureu, H .: The v arious aspects of pollution by the exhaust gases of motors

of intern al combustion. Rev. Path ol. Gen. Physiol. Clin. (Paris) 61-915- 

931, 1961.

10. Chovin, P .: Studies of Atmospheric Pollution in the Departm ent of the

Seine, in 1963. Municipal Laboratory Police Hea dquarters, Paris, France,

1964.

11. Von Post-Lingen. M. L .: The significance of exposure to small concentrations

of carbon monoxide. Results of an experim ental study ond healthy persons. Proc. Royal Soc. Med. 57 (P ar t II ) : 1021-1029. 1964.

12. Brice, Robert M. and Roesler, Joseph F .: The Exposure to Carbon Monoxide

of Occupants of Vehicles Moving in Heavy Traffic. Presente d at the 

Annual Meeting of the Air Pollution Control Association, San Francisco, 

California, 1966.

PAR TICULA TES

Par ticles of solid—and occasionally liquid—ma tte r in the air constitute a 

relatively small but imp ortant portion of polluted community ai r in most cities 

and towns in the United States. These so-called particulates may be either so 

larg e t ha t they rapidly settle to the ground or they may remain suspended in the 

air until they a re removed by such na tural phenomena as rain—or until they are 

inhaled by people. Particulates may be quite complex in their chemical composition. The organic materi als found in airb orne particles may contain 

alip hatic and arom atic hydrocarbons, acids, bases, phenols, and other compounds. Airborne particles may also contain any of a wide range of metallic 

ele me nts ; those most commonly found are silicon, calcium, aluminum, iron, magnesium, lead, copper, zinc, sodium, and manganese. Sources of particulates include such activities as fuel combustion, various manufacturin g and processing 

operations—including production of steel, cement, and petroleum products, and 

open burning and incin eration of refuse.

Effects of pa rticu lates

Particulate air pollution is widely regarded as objectionable because it is often 

esthetically bothersome, it interfe res with visibility, and it is associated with
CLEAN AIR ACT AMENDMENTS OF 19 66 65

soiling and corrosion of metals, fabrics, and o ther materials. Its adverse effects 

on health are far more subtle but are nonetheless significant. In general, con­ cern about the health effects of particulates is related to (1 ) the ability of the human respiratory system to remove such partic ulates from inhaled air and re­ tain them in the lung; (2 ) the presence in such particulates of some mineral substances having toxic or other physiologic effects; (3 ) the presence in such p ar­ ticulates of polycyclic hydrocarbons having demonstrated carcinogenic (cancer- producing) prop ertie s; (4 ) the demonstrated ability of some fine particles to enhance the harmful physiologic activity of i rritan t gases when both are simul­ taneously present in inhaled air; (5 ) the ability of some mineral particulates to increase the rate at which sulfur dioxide in the atmosphere is converted by 

oxidation to the fa r more physiologically active sulfur trioxide. The size of airborne particles has an important bearing on whether and to what extent they will reach the lungs. Most coarse mater ial—particles about five microns or more in diameter—lodges in the nasal passages. Smaller par ­ ticles are more likely to penetrate into the lun gs; the rate of penetration in­ creases with descreasing particle size. Partic les smaller than two to three microns usually reach the deeper structures of t he lungs, where there is no protective mucous blanket. Only limited data are available on the usual size distri bution of particula tes in polluted urban air. One study has indicated tha t all but about one percent of airborne particles in city air were below 10 microns in diameter. Based on exist­ ing air pollution data, it seems reasonable to estimate tha t about one-half (by weight) of particulates suspended in the air are of a size tha t can enter the human respiratory trac t. This estimate is for partic ulates in general. The pro­ portion of respirable material is higher for some types of particulate matter; for example, the great majority of sulfate particles are of a size tha t permits entrance into the respira tory tract. The ab ility of particles to accentuate the adverse physiological effects of simul­ taneously inhaled gas is one of th e most i mportant aspects of the health hazard of partic ulate air pollution. Combinations of gases and particles have been sliow’n to cause toxicity changes in rodents, resistance to air flow in the respiratory tract, and bactericidal action. Of p artic ular importance is the evidence t hat partic ulates enhance the ability 

of sulfur oxide gases to penetrate deeply into the respiratory trac t and produce serious damage. Because i t is highly soluble, sulfur dioxide gas, when inhaled alone, tends to be dissolved in the moist layers of the upper respiratory tract. But polluted urban air almost always contains sulfu r oxides in association w ith solid particl es; absorbed on such particles, sulfur oxides can penetrate deeply into the respiratory trac t and damage the ill protected tissues of the lungs. Even when such acidic pflrticles are neutralized to sulfates, they remain biologically 

active. Studies at Harv ard University have indicated th at two forms of sul- furous particulates—ammonium sulfate and zinc sulfate—alone or in combina­ tion, produced increased resistance to breathing in laboratory animals. The greate st degree of increased resistance was produced by sulfate particles in the 

same size range found in urban air. Studies in Great Brita in have demonstrated tha t smoke and soot particles aggrava te chronic bronchitis. Because of their high porosity, such carbon par­ ticles readily adsorb gases and vap ors; moreover, the combustion processes tha t produce these particulates also produce the complex polycyclic hydrocarbons that have been shown to be capable of producing cancer in laboratory animals. The degree to which such materials may reach respiratory organs is indicated by 

a finding that benzopyrene is tightly bound to soot particles and is not removed 

by human serum or gastr ic juice. As previously noted, airb orne particulates commonly contain various metallic 

elements. One of t he most common and potentially most harmf ul is lead, which reaches the air both from industrial processes and motor vehicles. Available data indicate that most of the lead particles present in polluted urban air are of a size permitting entry into the human respira tory system and retention 

in the lungs. A study in Los Angeles showed that, with atmospheric lead levels of about 10 micrograms per cubic meter of air 75 percent of the total particle mass consisted of particles smaller than 0.45 microns. Partic les of approximately one micron or smaller will probably be retained by the lnugs. A detailed discussion of the knowm and suspected health hazards of lead is contained in the proceedings of t he December 1965 Public Health Service Symposium on Environmental Lead 

Contamination.
66 CLEAN AIR ACT AMENDMENTS OF 19 66

A g rea t many oth er meta ls are also pres ent in par ticle form in polluted community air. Among them are many whose toxicity is well documented, mainly 

as a res ult of o ccupationa l experience, though the ir pote ntia l haz ard s in the relatively low conc entra tions in which they are pres ent in the community environment have not been a dequ ately evalu ated. One such element is beryllium, whose 

use as an ingr edient in rocke t fuels poses c ommunity exposu re problems. Others 

which are of increasing concern are cadmium, vanad ium, arsenic, nickel, mang anese, a nd chromium.

Selected References

1. American Association for the Advancem ent of Science: Air Conserva tion

and Public Po lic y; Publ icati on No. 80 of the AAAS. Washin gton, D.C., 

1965.

2. Motor Vehicles, Air Pollution, and Health —A Repo rt of the Surgeon General

to the U.S. Congress. U.S. De partmen t of Health, Educa tion, and Welfare, 

Public Hea lth Service, Division of Air Pollution, Washin gton, D.C. 1962.

3. Katz. Morris: Some Aspects of the Physical and Chemical Nature of Air Pollution. In: Air Pollution, World Health Organ ization, Monograph Series 

No. 46, Geneva, 1961.

4. Heiman n, Ha rry : Effects of Air Pollution on H uma n Health. In: Air Pollu ­

tion, World Hea lth Orga nization. Monograph Series No. 46, Geneva, 1961.

5. Toyamo. Toshio: Air Pollution and its Hea lth Effects in Jap an. Archives of

Environm ental Hea lth, Vol. 8, No. 1, Jan . 1964. pp. 153-1 73.

6. Gocke, T. M., and Duffy, B. J . : Epidemiology of chronic bron chitis in Jersey

City. Arch. Int. Med. 110: 606 ( Nov.) 1962.

7. Pemberton, J. and Goldberg, C.: Air pollutio n and bronchitis. Bri t. Med. J.

4887 : 567- 573 (Sep t. 4) 1954.

8. Burn, J. L., and Pemberton, J . : Air pollutio n, bronchitis, and lung cancer.

Int. J. Air & W ater Poll. 7: 5-1 6 (J an .) 1963.

9. Weill, H. et a l : Fu rth er observatio ns on New Orle ans asthma. Arch. Environ ment al H ealt h 1 0: 14 8-1 51 ( Feb .). 1965.

10. Amdur. M. O., “The effect of aeroso ls on the response to ir ri ta nt gases,” in

Inha led Par ticl es and Vapours, Proceedings of an Inte rna tional Symposium Organized by th e Bri tish Occupational Hygiene Society, C. N. Davies. 

Ed., pp. 28 1-292 (Pergam on Press, London, 1961).

11. Junge, C. E., Air Chem istry and Rad ioac tivity (Acade mic Press, New York,

196 3).

OXIDES OF NITROGEN

Sources and emissions

Oxides of nitroge n are one of the most imp orta nt groups of atmos pheri c contam ina nts in many communities. They are produced duri ng the high-temperatur e combustion of coal, oil, gas, or gasoline in power plants and intern al combustio n engines. The combustion fixes atmo spheric nitrog en to produce the 

oxides. At these tem pera ture s, nitric oxide forms first and in the atmosphere it 

rea cts with oxygen and is converted to nitro gen dioxide. While this oxida tion is 

very rap id at high conce ntrations, t he ra te is much slower at low conce ntratio ns. 

In sunlight, especially in the presence of organic ma teri al as typified by Los 

Angeles-type photochemical smog, the conversion of nit ric oxide to nitrogen 

dioxide is g reat ly accele rated.

Nitrogen dioxide, the most toxic of the oxides of nitrogen, is an imp orta nt 

component in the complex of chemicals producing photochem ical smog. It does 

not occur in community ai r as an isolate d contamin ant. If its pote ntia l har mfulness is to be assessed, it is essen tial to und erst and its specific biologic effects. 

This review is concerned with NOj as if it were the single toxican t polluting the 

ai r brea thed by a community and what sta nd ard s for community air would be 

app rop riat e with thi s assum ption and curre nt knowledge.

This review is not concerned with nitri c oxide. There have been no known 

demo nstrable cases of huma n nit ric oxide poisoning. Nitr ic oxide is one-fourth 

to one-fifth as toxic as nitrogen dioxide in ra ts (Gray et al., 1952). Rats inhaling nit ric oxide for as long as nine days, at conc entration s of 10 ppm, faile d to 

exceed a detectable level of hemoglobin-nitric oxide complex (Sa nci er et al.. 

19 62 ). The electro nic spin resonance m ethod for detec ting such complexes would 

detec t as lit tle as one te nth pe rcent of the complex in whole blood.

Today the re is a trend tow ard high er combustion-chamber tem per ature and 

more efficient combustion. The high er tem per atu re results in a fu rth er incre ase 

in the produ ction of oxides of nitrogen, especially from automobiles.
CLEAN AIR ACT AMENDMENTS OF 19 66 67

It is estim ated th at 0.15 kilog ram of nitrogen oxides is produced per person 

per day. This is a maximum figure, and it reflects a sta nd ard of ma teri al wellbeing direc tly rela ted to the ind ust ria l development of the community, the number of automobiles used, and the population density. In less mechanized societies. the figure would be fa r less. In recen t year s Los Angeles County recorded its first instan ces of nitrogen 

oxide conc entra tions th at exceeded the first ale rt (3.0 0 ppm) level: 3.17 ppm 

on December 19, 1960 and 3.93 ppm on Janu ary 13, 1961. Because of its limite d 

ventilatio n, the re is reason for concern at the incre ase of oxides of nitrogen in 

are as such as Los Angeles. If no steps are taken , Los Angeles will become more 

crowded, the ventilation will become worse because of the gre ate r number of 

buildings, and the dire ct adverse effect may become an imp orta nt fac tor in community ai r pollution. Nitrogen dioxide is unique among the common pol luta nts in th at it absorbs 

ligh t in the visible region of the spectru m, mostly in the blue region. It is thu s 

a yellow-brown gas. Because it is visible, sub sta ntial conc entra tions reduce 

visibility even with out the presence of aerosol particles . A concentration of 

8 to 10 ppm would prob ably reduce visibi lity to about 1 mile.

Effects

The haz ard s associated with nitrogen oxides are (i ) a direct noxious effect 

on the hea lth and well-being of people and (i i) photochemical oxida tion of 

organic materi al, which is an ind irec t effect. In the conc entra tions normally 

found in community ai r pollution, by fa r the most objectionable consequences 

of the oxides of nitrogen are those th at arise from photochemical reacti ons.

Of the oxides of nitrogen, nitrogen dioxide is consid erably more toxic tha n 

nitri c oxide, acting as an acute ly irrit atin g substan ces. In equal conce ntratio ns, 

it is more injurious than carbon monoxide. Chronic lung disease has been produced e xperimen tally by subjecting anima ls to nitroge n dioxide, and the re is some 

evidence th at exposure to the nitrog en dioxide relea sed dur ing t he filling of silos 

has caused a chronic pulmonary condition. The Cleveland Clinic fire of May 

1929 illu strate d the insidious natur e of nitrog en dioxide as a poi son ; a larg e 

number of people died af te r inha ling nitrog en dioxide produced by burni ng 

x-ray film. However, exposures of this severity are rare. Nitrogen oxides, at 

levels found in ai r pollution, are only pote ntially irr ita tin g and poten tially 

rela ted to chronic pulmonary fibrosis.

Nitro gen dioxid e has received considerab le atte ntion as an air polluta nt because it is a haz ard in numerous indu strie s. The threshold lim it (est ablishe d 

by the American Conference of Governm ental In du str ial Hygien ists) for an 

8-hour worki ng day has been tentatively set at 5 ppm. However, a rep ort that a 

3- to 5-yea r exposure of Russian workmen to conc entration s of nitrog en dioxide 

gener ally below 2.8 ppm resulted in chronic chang es in the lung has contributed 

to the b elief th at 5 ppm of nitrogen dioxide may not be safe for daily exposure.

The proven effects of NO2

 on man and lower anim als are confined almost 

entirely to the res pira tory tra ct. With increa sing dosage, acut e effects are 

expressed as odor perceptio n, nasal irrita tio n, disco mfort on breathing , acute 

res pira tory distress, pulmonary edema, and death. Nitrogen dioxid e’s relati vely 

low solubility, however, perm its pen etra tion into the lower res pirato ry tra ct. 

Delayed or chronic pulmonary changes may occur from high bu t subl etha l concen trations and repeated or continuous expos ures of sufficient magnitude. 

Effects on man

Effects on man will be considered first. The odor of nitrogen dioxide is detectable at levels which could occur in atmo spheric pollution; 1 to 3 ppm (p ar ts 

per million) has been dem onst rated to be the threshold for this effect. Nasal 

irr ita tio n and eye irrita tio n, however, do not usua lly occur unt il levels are 

reached well above those expected in atmo spheric pollution. In one study, even 

at 13 ppm, only three out of eight volunteers complained of eye irr ita tio n, although seven out of eight had nas al irr ita tio n. Conce ntrations which have 

caused death from acute pulmonary edema in man have been poorly documented, 

but indi rect evidence indicated they were in excess of 100 ppm. The concentra tio ns which lead to delayed effects, such as bronc hiolitic fibrosa obliterans , 

are also fa r too high for releva nce to sta nda rds (Lowry & Schuman, 1956 ). 

There is little in the lit eratur e which verifies pulmonary effects in man other 

than tra nsi ent discomfort at conc entration s below 50 ppm. The single repo rt 

suggesting such effects (Vig dortschik et al.. 193 7) cites not only emphysema but 

mult iple symptoms, signs, and hematologic and biochemical changes in workers
68 CLEAN AIR ACT AMENDMENTS OF 19 66

inha ling as little as 2.6 ppm for several yea rs ; however, the report does not contain any diagnostic cri ter ia or da ta th at would perm it evaluation . Reports 

which indicate an absence of effects in individu als inhal ing up to 20 ppm, or 

30- 35 ppm, are similarly lacking in data or assu ranc es as to the actual concen trations of NOi encoun tered.

Effects on a nima ls

It is obvious th at experim ental and epidemiologic data on man are extrem ely 

limit ed in the low conc entration s likely to be found in community air. At the 

pres ent time, there fore, the biological basis for estimating levels at which effects 

may occur for NO2

 mus t depend on anim al studies. Since the irr ita nt qualities 

of the gas and the locus of actio n are the same, cautious application of these 

da ta to man is justified despi te the qu antita tive differences known to exist in 

the responses of severa l anim al species. Conc entrations of NO2

 over 200 ppm are fa tal to most species even af te r single brief exposure—for example 5 to 15 

minutes . Conce ntrations of NO2

 between 100 and 200 ppm, contin ued for 30 to 

60 minutes , were also fatal to most species, as were conc entra tions of 50 ppm 

or more continu ed up to 8 hours. Continuous exposures of 25 ppm were fatal to 

rats, but int erm itte nt exposu res (6 ho ur s/d ay ) were not. Even conc entrations 

below 5 ppm, if maintai ned continu ously, have led to incre ased mo rtal ity in rats 

and mice; while int erm itte nt exposures were not associated with dea ths until 

conc entra tions reached 35 to 50 ppm. Two fac ts are obvious in reviewin g the 

data on leth al effects. One is th at high conc entr atio ns for shor t periods of time 

have a gre ate r rela tive effect in term s of d eath or acu te pulmonary damag e than 

do lower conc entra tions over longer periods of time (Gray, 1959; Carson et al., 

1962; Hine et al., 1964 ). The second is th at int erm itte nt exposu res with inter ­

vening recovery periods are less har mful to experim ental anim als tha n continuou s exposures. Of course, nei the r continuous nor int erm itte nt exposu res are 

dire ctly comparable to the cyclic and variable exposu res encoun tered in community air.

Summarization of the anim al stud ies aimed at dem onst ratin g subtle, chronic, 

or dela yed effects resu lting from continu ed or repeated exposu res to low levels 

of NO2

 is complicated by the gre at variety of species, exposure pattern s, and 

timin g of observa tions. In general, exposures to between 10 and 20 ppm of NO2

produces definite and persist ent pathologic changes in the lungs. Between 5 

and 10 ppm, results are equivocal, with anim als continuously exposed sometimes 

exhib iting changes in bronchial epith elium ; but inte rmitte nt exposu res yielded 

negative findings. Balchum et al. have shown th at exposure of guinea pigs 

to as little as 5 ppm produces mino r pulmonary changes and the development 

of circulating_pubstance s capable of agg luti nating normal lung proteins.

Minor changes in the bronchial epithe lium have also been describe d by Fre eman and Haydon in ra ts exposed contin uously to 4 ppm for 20 weeks. Although 

Mitin a described distinc t patho logica l changes in rab bits exposed to 2.8 ppm 

and 1.4 ppm interm itte ntly for 15 to 17 weeks, other competent work ers have 

not reported such changes in animal s exposed to similar and higher concentration s. A toxic potentia l is confirmed by the demonstr ation by Buell (19 65 ) 

on the ability of NO2

 to den atu re what was believed to be collagen and elastin 

in rab bit expo sures in vivo, the incre ase in oxygen consumption of spleen and 

liver homogenates reported by Buckley and Balchum (1 96 5) , and the work of 

Pace showing effects on tissu e cult ures . It is impossible to tra ns lat e these 

direc tly into sta ndard s at this time.

Since NO2

 is one of many toxican ts pre sen t in community air, it is important 

th at i t remain at or below th e lowest level at which one would pred ict a minimal 

effect on the hea lth of the most susceptible indiv idua ls in the community. The 

most sensitive indicator so fa r discovered for a biologic effect of NO2

 is the produ ction of increased susceptibility to infection by certa in aerosolized bacte ria. 

By thi s technique, Ehr lich and Pur vis have demonstrated increased mortality 

in mice from Klebsiella pneumo niae (a t approximate ly LD>0) following 2 hour s of expos ure to 3.5 ppm NO2

, and following 3 months’ continu ous exposure to 0.5 

ppm NCb. However, this was not found for all strain s of mice and hamsters . 

Some req uired over 2 hours exposu re at 25 to 30 ppm of NO2

. Tra nsla tion of thi s effect to man and oth er infec tious agents can be only speculative at this time. 

The expe rime nts cited were deli bera tely designed to cre ate the most sensitive 

possible indic ation . Care was taken not to introduce any direct effect of the 

gas upon the microorganism s which might reduce th e effective dosage. Neve rtheless. the work app ears imp orta nt in pointi ng towa rd possible inte rrel atio nsh ips 

between ai r polluta nts and alte red responses to infectious disease. A changing
CLEAN AIR ACT AMENDMENTS OF 19 66 69

and poorly defined group of suscep tible individu als would be pres ent in any 

community, resp rese nting those with the crit ical point of dosage and immunity 

to stil l unspecified infectious diseases. In this group a minor altera tio n in 

local defensiv e mechanisms might be crit ica l in determin ing the course of an 

infection. The presence or absence of app rop riate organisms might well det ermine the consequences in term s of pneumo nia or bronchiol itis which might 

follow a more severe exposure to an ir ri ta nt gas such as NCL. Thus, on the 

basis of this prel iminary explorati on and though the evidence is scanty, the exposure of large population s to conti nued concentrations of NO2

 exceeding 0.5 

ppm could not be jus tified ; nor could int erm ittent expos ures above 3.5 ppm.

The above evaluation is made in fu ll cognizance of th e fact th at ot her cons ideration, such as pla nt damage, visibility, or combined effects with oth er ai r pollutaits. may be more crit ica l tha n the hea lth effects of nitro gen dioxide alone.

The role of partic ula tes which are alwa ys pres ent in the atmo sphere is worthy 

of special consid eratio n. Boren has exposed mice to NO2 absorbed on carbon 

particles with res ult an t focal dest ruct ive lesions. This work, like the st ill unpub ­

lished work of Tyler using NO- on carbon pa rtic ula tes in horses, may a lte r present 

views in rega rd to acceptable conc entration s of pol lutant s when there are concur ren t par ticula tes which may concentrate chemical actio n in vulnerable points 

of the lung.

Selected refere nces

1. “Air Conservation.” The Report of the Air Conservation Commission of the

AAAS. Publ icati on No. 80 of the AAAS. 1965.

2. Balchum, O. J., Buckley, R. D., Sherwin, R., and Gard ner, M. “Nitrogen

Dioxide Inh ala tion and Lung Antibodies”. Archives of Environmen tal 

Health, Vol. 10, pg. 27 4-277, Febru ary 1965.

3. Boren, Hollis G. “Carbon as a Ca rri er Mechanism for Ir ri ta nt Gases”.

Archives of Environm ental Health, Vol. 8, pg. 119-1 24. Ja nu ary 1964.

4. Buckley, Ramon D. and Balchum, O. J. “Acute and Chronic Exposures to

Nitrogen Dioxide : Effects on Oxygen C onsumption and Enzyme Ac tivity on 

Guinea Pig Tissues”. Archives of Env ironmen tal Health, Vol. 10, pg. 2 20- 

223, Febru ary 1965.

5. Carson, T. R., Rosenholtz , M. S., Wilinski, F. T., and Weeks, M. H. “The

Responses of Animals Inh alin g Nitrogen Dioxide for Single, Short-T erm 

Expo sures”. American Ind ust ria l Hygine Association Jou nra l, Vol. 23, pg. 

457-462, November-December 1962.

6. Gray, Edw ard LeB. “Oxides of Ni tro ge n: Their Occurrence, Toxicity

Ha zard”. AMA Archives of Indu str ial Hygiene, Vol. 19, pg. 479-4 86, May 

1959.

7. Kleinerman , J. And Wright, G. W. “The Re par ativ e Capacity of Animal

Lungs af te r Expo sure to Variou s Single and Multiple Doses of Ni tri te”. 

American Review o f Resp orato ry Diseases, Vol. 83, pg. 423-4 24, March 1961.

8. “Motor Vehicles. Air Pollution, and He alt h”. A rep ort of the Surgeon Genera l to the U.S. Congress, Jun e 1962, U.S. De partme nt of H ealth , E ducation, 

and Welfa re.

9. Pace. D. M. et al. “The Effects of NO2 and Salts of NO- upon Esta blished

Cell Lines” . Cana dian Jou rna l of Biochemi stry and Physiology, Vol. 39, 

pg. 1247-125 5, August 1961.

10. Public Hea lth Service. “Motor Vehicles, Air Pollution, and He alt h”. A

repo rt of the Surgeon General to the U.S. Congress, House Documen t No. 

489. 8 7th Congress. 2nd Session, J un e 1962.

11. Purv is. Matthew’ R. and Ehrlich, Rich ard. “Effect of Atm ospheric P ollu tan ts

on Susceptibility to Res pira tory Infecti on”. Jou rna l of Infe ctio us Diseases, Vol. 113. pg. 72-76, J uly-August 1963.

HYDROCARBONS

Among th e subst ance s responsible for photochem ical ai r pollution are un saturat ed hydrocarbo ns (fas te r re ac to rs ), s atu rat ed hydrocarb ons (slower reac tors) , 

arom atics , and aldehydes. These are emitted duri ng the incomplete combustion 

of all fuels (inc luding rubbish and agricultura l field wa ste s), bu t automobile exhaust is the maj or source. Hydrocarb ons and othe r organic gases are also expelled duri ng the production, refining, and hand ling of gasoline and from such 

ma nufacturin g oper ation s as ind ust ria l dry ers and ovens, and furn ace s used for 

baking p aints , enamels, and prin ting ink.

Hydrocarb ons are a group of substance s most of which, normally, are toxic 

only at conc entra tions in the orde r of severa l hund red parts per million. How-
70 CLEAN AIR ACT AMENDMENTS OF 19 66

ever, a number of hydrocarbons can react photochem ically at very low concentrations to produce irritation and toxic substances. Because o f the large number 

of hydrocarbons involved, the complexity of th e, photochemical reactions and 

the reac tivity of other compounds such as nitrogen dioxide and ozone, a complete 

assessment of the hazards posed by atmospheric pollution by hydrocarbons is 

not fe asible a t this time.

Dur ing the last 20 years a progressive Increase in death rates from lung cancer 

not entirely attri butable to improved diagn ostic methods and increased lifespan 

has been reported in many countries. A remarka ble feat ure in these reports is 

the observation tha t the death rate from lung cancer in urban areas is consistently higher than in rural areas, that this difference can be explained only in 

part by differences in smoking habits , and tha t benzpyrene may be the carcinogen 

common to both cigarette smoke and polluted air.

There is no doubt that the atmosphere of many polluted areas contains substances which are experimentally capable of producing cancer in anima ls. It 

has been stated that carcinogens may be found in any polluted atmosphere which 

is analyzed with sufficiently sensitive methods. Wh at is not known is whether 

these substances are present in sufficient amounts to produce cancer in man 

through inhalation.

Lun g cancer has been produced exper iment ally by exposing mice simulta neously to ozonized gasoline, a form of simulated smog, and to influenza virus. 

This work by Wisley and co-workers opens up a new approach to work both on 

the role of viruses and of air polluta nts.

Two classes of carcinogens have been detected in polluted atmospheres: (1) 

The organic carcinogens, such as benzo (a ) pyrene, dibenzantlir acene and related 

compounds. (2) Pote ntia lly carcino genic metals and metal compounds. The 

magnitude of pollution with benzo( a )pyrene is subst antia lly greate r in cities 

whose pollution sources are prim arily the combustion of coal in comparison 

with those whose pollution is prim arily from petroleum combustion.

Recent evidence suggests tha t benzpyrene and related aromatic hydrocarbons 

may not be the only carcin ogens present in polluted atmospheres.

Their discovery tha t the concentration of 3, 4-benzpyrene and related aromatic polycyclic hydrocarbons in the atmosphere and in vehic ular exhaust did 

not account for the yield of skin tumors in mice led Kot in and the University 

of Southern Califo rni a team to experiment with alip hati c hydrocarbons. Samples of ozonized alip hat ic hydrocarbons painted on the interscapular area of 

mice three times weekly induced papillom as or invasive epidermoid carcinoma 

after 421 days. Aga in, in strain A (tumor-susceptible) and in C57 BL (tumorresistant) mice exposed to an atmosphere of unburned ozonized gasoline in an 

inhalation chamber, in which aromatic polycyclic hydrocarbons were believed to 

be absent but which contained a variety of oxida nts, the occurrence o f pulmonary 

adenomas or alveologen ic carcinomas (not true bronchogenic carcino mas) and 

the incidence of multiple tumors were significan tly greate r than in control mice 

breathing washed a ir.

A cooperative study was recently undertake n by the Natio nal Cancer Institute 

and the Univ ersit y of Southern Ca lifo rnia. In eight cities studied intensively 

during a benzpyrene survey, for which morbid ity and mortality data were adequate, airborne particulate matte r collected by the Nat iona l Air Samp ling Network was extra cted to yield four organ ic frac tio ns : crude benzol, aromatic 

hydrocarbon, alip hati c hydrocarbon, and oxygenated. Although benzpyrene was 

present in only the crude benzol frac tion and the aromatic subfra ction, every 

frac tion proved capable of producing local skin tumors in C57 BL mice after subcutaneous injec tio n; but the frac tion s differed from city to city in their degree of 

tumor-producing abil ity. Attem pts to relate human mort ality in these cities to 

3. 4-benzpyrene levels revealed no consistency in pattern from one city to another—hardly surprising, in view of the numerous other variables not accounted 

for, such as smoking habits , other air pollutants , and occupational exposures. 

Of great potentia l significance when levels in ambient air are considered. 12 

monthly doses of benzpyrene appeared to be more effective in producing tumors 

than the same total amount given as a single dose: thus, chronic low-level exposure to these agents may be more injur ious than brie f h eavy exposure. Equal ­

ly signif icant in its application to atmospheric exposure was the longer interval 

that elapsed before tumors made their first appearance after a single injection 

of the same tota l amount.

Art ific ial exposure of labor atory anim als has provided some evidence of the 

effects caused by some of the chemical agents present in this tyi>e o f smog. The 

studies of the carcin ogenic properties of ozonized hydrocarbons illus trat e this
CLEAN AIR ACT AMENDMENTS OF 19 66 71

information. Both dermal and pulmonary canc ers have been produced in mice 

artificia lly exposed to an irradiat ed mix ture of ozone and un satur ate d hydr ocarbons. Skin paintin g with arom atic hydrocarbo ns produced skin tumors in 

both C57 black and strain-A mice. Skin pain ting with alip hat ic hydroc arbons 

also produced skin tumors in C57 black mice. Of more intere st and probably 

more significance is the finding th at pulmonary tumors were produced in strain -A 

mice af ter the ir exposure to an atmo sphere of ozonized gasoline. In these mice 

tumors developed in 41 perc ent unde r washe d ai r conditions and in 80 percent 

in polluted air. Results on the C57 black mice und er similar exposure are reporte d by Kotin and Falk . The contro l anim als showed a very low percen tage 

of lung tumors, whereas over one-third of those exposed to polluted ai r produced tumors. Addi tiona l biological effects on these mice will be repo rted in 

detail. At the moment it has been noted th at the mice housed in a polluted 

atmo sphere showed a cons isten t weight deficit in comparison with the controls.

In the anim al experiments in which the various carcinog enic chemicals are 

used, the tar get tissu e th at respond s with a malign ant can cer grow th may be in 

the respirato ry trac t or it may be at ano the r site. In connection with the fac t 

th at res pir ato ry tra ct cance r has been expe rime ntall y produced by these materials, and the strong cur ren t belief th at th ese materi als are discharged into the 

air in larger amou nts in recent years as a res ult of u rbanizatio n and ind ust ria lization, it is notew orthy th at recen t epidemiological rep orts have shown tha t 

human lung cancer frequency has been steadily incre asing over many are as of 

the world, especially in urbanized industr ialized communitie s. The possible 

caus al rela tion ship of tobacco smoking to this incre ase is receiving world-wide 

atte ntio n, as the voluminuous lit era tur e on the subje ct attest s. The subje ct of 

tobacco smoking and its manifo ld possible heal th effects, altho ugh involving 

a problem of “persona l” a ir pollu tion, fal ls outsid e the province of o ur immediate 

considera tion, except in so fa r as the smoke produced adds to the pollution of 

the ai r bre athe d by bystande rs. Of some importance in connection with tobacco 

smoking is a recent rep ort suggesting th at if cigarette smoking does, in fact, 

con tribu te to the increased frequency of human lung cancer, it cann ot account 

for all of th at increase; urb an air pollution, it is argued, also con trib utes to the 

frequency of the disease. Thu s it would app ear th at in human cancer, as in 

oth er disease, we often deal with conditions th at have multiple causation , such 

as multiplicity being opera tive both when the diseas e is consid ered as a mass 

huma n phenomenon and when i t occurs in an individual.

The contribution tha t coexistent disea se may play in the development of lung 

canc er is uncerta in. On the one hand, par ticula rly for still activ e or acute 

lesions, the hos t’s immunologic defenses may be weake ned ; on the other, the 

carcinogen may be better able to make ent ry into scar tissue. In the case of 

atmospheric carcinog ens, the numero us res pirato ry irr ita nt s th at accompany 

them in community air may promote the ir biologic activit y thro ugh both these 

mechanisms.

Animal experim ental work also dem onst rate s the importance of such biochemical phenomena as synergism and antag onism when applie d to the activit y of 

carcinog ens. Substa nces not in themselv es carcinogenic, such as croton oil, longcliain fa tty acids, high er molecular weight paraffins, various arom atic compounds and phenolic derivative s, have been found capab le of promo ting or reinforcing the action of carcinog ens and are classified as cocarcinogens.

The incidence of sponta neous and induced pulmonary tum ors in mice is to 

an unknown degree a fac tor of the ir genetic stra in, rend ering int erp retation of 

results and comparisons between diffe rent sets of expe rime nts hazardous. 

Fu rth er complicating extrapolat ion to huma n terms, the tumo rs induced in mice 

have been largely adenomas, occasion ally adenocarcino mas, and it is not certain 

th at the se hav e any c omparativ e value as f ar as human can cers ar e concerned, p articu larl y since it is the epidermoid lung cancer th at is usua lly indicated as bea ring a relation ship to exogenous influences. The few repo rted insta nces of 

chemically induced epidermoid cance rs in mice need to be corro borated by add itional experim ents, and thi s will requ ire time and diligence.

Put ting the ir findings together. Fal k and his assoc iates pos tula te a dist urbing 

sequence of events: cilia ry acti vity is inhib ited by atmo spheric poll utan ts; soot 

part icle s carryin g hydro carbons are abno rmal ly deposited and reta ined in the 

lungs, the part icle s are engulfed by phagoc ytic cells, and the int rac ell ula r proteins elute the adsorbed hydrocarbons: conceivably a high local concentration of 

eluted aromat ic hydro carbons results, favo ring the development of lung cancer.
72 CLEAN AIR ACT AMENDMENTS OF 19 66

Selected References

1. Bailar, J.C., III, King. H., and Mason, M.J.: Cancer Rates and Risks.

USDHEW, P HSP 1148, U.S. Government Printing Office, Washington, D.C., 

1964.

2. Kotin, P., and Falk, H .L.: Atmospheric factors in pathogenesis of lung cancer.

Adv. Cancer Res. 7 :475-514,1963.

3. Nelson, N.: Carcinogenic implications of inhaled pollutants. Arch, Environ.

Hea lth 8: 100-104 (Ja n.) 1964.

4. Shimkin, M.B .: Science and Cancer, I’HS I’uh. No. 1162, USDHEW, National

Cancer Institu te, 1964.

5. Dean, G.: Lung cancer in A ustralia. Med. J. Australia. 49 1003-1006 (June

30) 1962.

6. Kotin, P., and Falk, H.L.: Air j>ollution and lung cancer. I n : Proceedings.

National Conference on Air Pollution, USDHEW, PHS Pub. No. 1022, U.S. 

Government Printing Office. Washington, D.C., 1963.

7. Kotin, P., and Falk, H.L.: II. The exi>erimeiital induction of pulmonary

tumors in strain-A mice a fte r their exposure to an atmosphere of ozonized 

gasoline. Ca ncer9:910-917 (Sept.-Oct.) 1956.

8. Saffiotti, U. et al. : Experim ental studies of the conditions of exposure to

carcinogens for lung cancer induction. J. APCA 15:23-25 (Ja n.) 1965.

9. Kotin, P .: Air pollution with cancerigenic substances. Acta Union Internationale Contre le Cancer 19:3-4, 469-471,1963.

10. Motor Vehicles. Air Pollution and Health. A repo rt from the Surgeon Genera l to the U.S. Congress. Departm ent of Health, Education, and Welfare. 

June, 1962.

11. Stern, A.C., ed .: Air Pollution, Vol. I, Chapte r 9. Academic Press, 1962.

Mr. Rogers of Florida. Do you feel we are doing enough in providing help for the manpower that will be needed in this area?

Mr. MacKenzie. We are giving emphasis to this element of our 

program, Mr. Rogers. In the past several years, we have increased 

our budget proposals for training of personnel by about threefold 

and we are doing this in several ways. We are making tra ining grants 

to a number of universities for training of technical people in this 

field.

We are supporting fellows in graduate training at other schools 

and we are conducting short courses within our own laboratory at 

Cincinnati and from there elsewhere in the field.

Mr. Rogers of Florida. I visited Cincinnati and was very impressed with what you are doing. As I understand you are sending 

out teams to areas rather than bringing people to Cincinnati which 

I would think could be more economical and perhaps reach a wider 

number of people.

Mr. MacKenzie. Yes.

Mr. Rogers of Florida. I wanted to ask one more question, Mr. 

Chairman. As you know, our committee is not inclined to go along 

with open-ended authorizations. I would think we would want some 

substantiation of the figures that the Senate has put in their bill, 

$46 million, $60 million, $80 million, as to how these funds would be 

used, where they would be planned for and if you could submit that 

for the record, I think this could be helpful.

Mr. MacKenzie. Yes, sir.

(The information requested follows:)
CLEAN AIR ACT AM EN DM EN TS OF 196 6 73

Background Material Rela ting to P roposed Ann ua l Appr opr iation Lim it atio ns for F iscal Years 1967, 1968, and 1969, as Con taine d in S. 3112, and

Air P ollu tion P rogram P rojec tio ns T hro ugh P eriod Auth orized by H.R. 

13199, 1968-72

Th e Division of A ir Pol lu tion of th e Pu blic H ealth Servi ce, D ep ar tm en t of

H ea lth , Edu ca tion , an d W elfa re, in co nn ec tio n w ith it s re sp on sibi lities un der 

th e Cl ean A ir Act. an d in co nf or m an ce w ith Exe cu tive B ra nc h re qu irem en ts, 

pr ep ar es long -ran ge plan s, gen er al ly fo r five yea rs ah ea d, on th e b as is of it s be st 

pr of es sion al ju dg m en ts as to w hat is re qu ired to fu lfi ll lega l re qu irem en ts in 

a m an ne r which wi ll mo st eff ectiv ely de al w ith th e a ir po llu tio n problem .

Ac cordi ng ly, th e ta bl e below in di ca te s es tim at es of th e co st of th e Fed er al 

a ir po llu tio n pr og ra m fo r th e yea rs 1967 -72. Th ese es tim at es are pr of es sion al 

ju dg m en t es tim at es an d do no t co nst it ute official est im at es fo r fu tu re yea rs approv ed by th e Exe cu tive Bra nc h. In ad di tion , th ere follo ws an ex pla nat io n of 

th e mo re sign ifi ca nt go als which th e pr og ra m is att em pti ng to ac hi ev e an d th e 

m aj or pr og ra m ac ti vit ie s prop os ed to mee t th es e goals .

AIR POLLUTION PROGRAM, FIS CA L YEARS 1 9 6 7 -7 2

Gra nts

(a ) Re se ar ch .— C ur re nt ex pe rien ce in di ca te s a co nt in uat io n of an d in cr ea se 

in th e wide an d ac tive in te re st by univ er si ti es in a ir po llu tio n re se ar ch . Th e 

curr ent an d pr oj ec ted ex istenc e of ba ck logs of ap pr ov ed but unfu nded g ra n t 

ap pl ic at io ns ha s been us ed as an ex pe rien ce fa cto r in pr oje ct in g act iv ity lev els 

th ro ug h 1972. Thi s pr og ra m will co nst it ute an im port ant re so ur ce to car ry 

ou t mu ch of th e re se ar ch specifica lly ea rm ark ed fo r att en ti o n in th e Cl ea n A ir 

Act.

(ft) Fello wsh ips.— T hi s pr og ra m is one pha se to w ard m ee tin g a re so ur ce go al 

of 4,000 ad ditio nal tr ain ed pe rson ne l to curt ail th e curr ent sh ort ag e of tr ain ed 

pe rson ne l na tion al ly an d to me et th e in cr ea si ng de m an ds of e xp an di ng S ta te a nd 

loc al co nt ro l pr og ra ms.

(c) Tr ai ni ng .— In cr ea se d em ph as is in th e univ er si ty g ra n t pro gr am wi ll be 

plac ed on cu rr ic ula to develop tr ain ed man po wer fo r ex pa nd in g S ta te an d 

loc al re gu la to ry co nt ro l pr og ra m s. T his ac tivity, as in th e ca se of Fe llo wsh ips, 

is aim ed at as si st in g in th e de ve lopm en t of a un iv er sity -b as ed tr ain in g st ru ctu re 

whic h wi ll be in st ru m en ta l in de ve loping the a dditio nal t ra in ed m an po wer needed.

(d ) Co ntrol prog ra ms .— The go al is an ex pa ns io n of S ta te an d loca l a ir po llu ­

tio n re gul at or y effo rts to ab ou t 50 per ce nt of th e ne ce ss ar y lev el of ac tivity by 

1970 w ith 100 pe rc en t att ain ab le by ab ou t 1975. W hi le br oa de ne d fina nc ial 

as si st an ce auth ori ty , in th e form of m ai nt en an ce or su ppor t g ra nts fo r on-goi ng 

pr og ra ms, wi ll be re qu ired to mee t th is goal, good pr og re ss has al re ad y bee n 

ma de to dat e th ro ug h th e aw ard of st im ula to ry co nt ro l pro gr am g ra n ts an d th is 

pr og re ss is ex pe cted to co ntinue . It is hoped th a t th e av ai la bl e fu nds w ill pe rm it 

fu nd in g of al l ap pr ov ed pr oj ec ts. Reg iona l co ntro l or gan iz at io ns will be giv en 

in cr ea se d em ph as is fo r as sistan ce .

(c ) Surv ey an d de m on stra tio n. — The se g ra n ts are dir ec te d to w ard th e dua l 

pu rpos e of: a) per m itting a S ta te or lo ca lity to as se ss it s prob lem pri or to em ­

ba rk in g on a specific co ntro l pr og ra m , or as si st in g in th e de sig n of a co ntro l 

pro gra m ; an d b) dem on st ra ting , in a pra ct ic al field ap pl ic at io n, ne w tech ni qu es 

fo r co ntro l of a ir po llu tio n. Em ph as is is curr entl y be ing give n to th e su rv ey 

gra nt as a pr el im in ar y to r eg ula to ry co ntro l ac tivi ty , in lin e w ith cu rr en t bu ild -up 

o f pr og rams. In su bs eq ue nt ye ar s, as in it ia l su rv ey s ha ve been co mp let ed , th e 

em ph as is wi ll sh if t to de m ons trat io n o f co nt ro l te ch ni qu es which w ill be of 

br oa d sig nific an ce na tion al ly .

Di rect op erations

(1) Res ea rc h.— M aj or em ph as is will be in th re e ar ea s. F ir st , by 1970 it is 

plan ne d th a t th ere wi ll be develop ed a ir qual it y cri te ri a fo r al l m aj or polluta nts 

kn ow n to be har m fu l to man , pla nt s, an d m at er ia ls . Thi s ac ti vit y will enco mpa ss a review an d ev al uat io n of al l av ai la ble d ata an d will in cl ud e clin ical, 

la bo ra to ry , an d ep idem iologica l re se ar ch aimed a t de ve loping th e d ata ne ce ss ar y 

fo r th e a ir qu al ity cr iter ia . Thi s sche du le fo r cri te ri a is ge ar ed to t h e bu ild -u p 

of S ta te an d loc al re gula to ry pr og ra m s, which will be th e pri m e use rs of th e 

cr iteri a.
74 CLEAN AIR ACT AMENDMENTS OF 19 66

The second area of research emphasis is with respect to air pollution caused 

by automotive vehicle emissions. As a result of authority under the Clean Air 

Act Amendments, it is estimated tha t by 1970 hydrocarbon and carbon monoxide 

emissions from about 25 percent of all motor vehicles will meet Federal standards. The FY 1968 research program will he aimed at improvement in techniques, technical developments to perm it extension of controls to include oxides 

of nitrogen, not now controlled, and furth er efforts to stim ulate the development 

of fundam entally improved means of vehicle propulsion, from the pollution point 

of view.

The third area of research emphasis is in the control of oxides of sulfur. 

Toward the end of meeting our goal of having economically feasible means for 

control of oxides of sulfur emissions by 1970. work will he undertaken to test 

promising control techniques on a pilot scale, including construction costs, as 

l>art of a research contract, cooperatively with TVA, of pilot-scale control 

apparatus.

These latte r areas of research have been specifically singled out for increased 

emphasis u nde r th e 1965 Amendments to the Act.

, (2) Training.—The direct, short-term technical training offered at the Sanitary 

Engineering Center, Cincinnati, Ohio, is a necessary and valuable complement 

to the full-time gradua te level training which is principally the type of training 

funded under the Training Grants and Fellowships activities. This activ ity is 

presently under severe pressure to meet demands for intensive training of State 

and local personnel, as pa rt of the expanding regulatory effort nationally. To 

maximize the training effort, increased emphasis will he placed on field courses, 

and on training aids which have a “multiplier effect,” such as films and programmed instruction.

Curriculum emphasis will he increasingly on those aspects of ai r pollution 

most c ritically needed by personnel engaged in public regulatory control programs.

(3) Technical services.— The basic goal of this activity is to provide adequate technical consultation and related supp orting services to State and local control 

agencies. A major expansion, rela ted to the build-up of Sta te and local regulato ry control programs, is contemplated. A m ajor objective is the development 

of industrial guides to good practice, for all the signficant industrial processes 

in the country. This will he of value to industry, but especially as control 

guides to State and local agencies. The Air Pollution Technical Information 

Center will be operational by 1968 and will be a national source of technical 

information.

(4) Enfo rcem ent and regulations.—With respect to the Federal automotive regu latory control programs, a 25 mr cent reduction in pollutant emissions is 

planned for 1975, with a 40 percent reduction by 1985. These are difficult goals 

in the face of a rising automobile population, but they are goals which may be 

considered as “buying time” to perm it development and production of “pollutionfree ” automobiles. Under the provisions of the Act. the autom otive manufacturers will request Federal certification for nearly all models, which will mean 

a substan tial amount of direct Federal testing of vehicles in a Federal laboratory. Such a facility is currently planned and being negotiated for. With the 

model year 1968 automobiles to be the first ones to be Federally regulated, operations will commence in 1967. 1968 will be the first full year of testing under

this program.

With respect to Federa l abatement au tho rity , a part from motor vehicles, special 

emphasis will be given to abatement activity in int ers tat e are as of pollution 

at the initiati ve of the Secretary. Over 100 are as have been identified as potential problems areas subject to Federal action under the abatement provisions of 

the Act. By 1968 the level of enforcement activity will be stepped up to at least 

double that anticip ated for 1967. 1967 will he the first full year in which the

internation al and preventive abatement authorities of the Amendments will be 

implemented. In 1968. there will be expanded activity, under the preventive 

abatement auth ority, with prim ary emphasis on the prevention of potentia l pollution from electric* power generating plants. The projected build-up of power 

generating plants, with their high pollution potential, will be a major target for 

application of the new preventive abateme nt featu re.

This activity also includes the program of prevention and abatement of pollution from Federal facilities. By 1970. a significantly sub stan tial reduction in 

such pollution is anticipated. In 1968 major activ ity will be on implementing 

recently issued Executive Order designed to prevent pollution in new Federal construction , and to abate existing pollution.
CLEAN AIR ACT AM EN DM EN TS OF 1966 75

(5 ) In te llig en ce an d su rv eilla nc e.— T his ac tivity, as a di re ct F edera l oper ation, is a co nt in ui ng ac tivity de sig ne d to pr ov ide ba sic data on po llu tio n tr ends 

an d to per m it de tection of em erging prob lems. The N at io nal A ir Sa mpl ing 

Network an d th e Con tinu in g Air M on ito ring Pro gr am are th e key in gre die nts of 

th is sy stem at pr es en t. By 1972, th e inte llig en ce an d su rv ei llan ce pro gr am wi ll 

be in cr ea sing ly ch ar ac te ri ze d as an in put re ce iv ing an d co or di na ting mec ha nism 

fo r man y S ta te an d loc al m on itor in g sy stem s which wi ll be fu nd ed from a ir 

I>ollution co ntro l pr og ra m gr an ts-in- ai d.

(6) R ev ie w a nd ap pr ov al o f gr an ts.— Thi s act iv ity is co nc erne d pri m ari ly w ith 

th e leg al, adm in is trat iv e, an d tech ni ca l re qu irem en ts as so ci at ed w ith th e rev iew , 

ap pr ov al, an d m on itor in g of th e re se ar ch gra nts , th e tr ain in g gra nts , th e fello wships, th e co ntro l pr og ra m gra nt s, an d th e su rv ey an d de m onst ra tion g ra n t pr ogr am s. Th e review an d ap pr ov al pr og ra m th ro ug h 1972 is ge ar ed to th e anti cipa te d lev els of th e re la te d g ra n t pro gr am s th ro ugh th a t perio d.

A ir po llut io n es tim at es , 1967-72

[In th o u san d s o f d ollars]

1967

P re si ­

d e n t’s

b u d g et

Pro po se d 

1967 

ad d iti o n al i 

1967,

1968 

es tim ate 2

1969 

es tim ate 2

1970 

est im ate 2

1971 

esti ­

m a te 2

1972 

es ti ­

m ate 2

A ct iv itie s:

G ra n ts :

R es ea rc h .......... ....... 6,958 

468

2,00 0

7,00 0

2,00 0

9,000

1,000

3,00 0

21,000

3,00 0

10,000

1,000

3,00 0

25,000

3,000

12,000

1,000

3,000

28,000

3,00 0

14,000

1,000

3,000

31,0 00

3,000

16,000

1,000

3,00 0

31,0 00

3,000

F e ll o w s h ip s ____ ____

T ra in in g

C ontr ol pr ogra m s_____ 7,000

S urv ey an d de m on stati on

T o ta l, g ra n ts ________ 18,426 7,000 37,000 42,000 47,000 52,0 00 54,000

D ir ect op er at io ns:

R es ea rc h. . . . . . . . 11,320

1,65 2

845

2,63 9

695

1,850

750

400

18,300 

4,632

1,44 5 

5,208 

1,600

20,000

5,700

1,670

6,900

1,800

23,000

6.40 0

1,900

7.400 

2,100

24, 200

6.90 0

2,100

7.900 

2,400

25,000

7.400

2,300

8.400 

2,600

A b ate m en t ac ti v it ie s.. . 

M otor ve hi cl e p ol lu tion 

co ntro l . . _______

Tec hnic al se rv ic es _____

T ra in in g

T o ta l, dir ect op er ati o n s________ 17,151 3,000 31,185 36,0 70 40,800 43,500 45,7 00

G ra nd t o t a l .............. .. 35,577 10,000 68,185 78,070 87,8 00 95,500 99,7 00

1 E sti m ate d o n th e b as is o f e n actm en t of S. 3112, t o in cl ude fu nds for m ain te nan ce g ra nts a n d for re quir ed 

en fo rc em en t ac ti vit ie s w hi ch cannot be fu nd ed u n d er ex is ting s ta tu to ry lim it ati o n s for 1967.

2

 Pr of es sion al ju d g m en t es ti m at es , n o t hav in g off icial ex ec ut iv e bra n ch ap pro val .

Mr. Rogers of Florida. I am glad to see some emphasis being placed 

now by the Department and we are going to look to you for increased 

leadership in the whole area. I think people are very conscious now 

of the need for pollution control and certainly, I would hope we 

would have an effort to get greater cooperation from the industry, 

from the automobile industry, for instance, and with other industry 

which is contributing to the pollution problem.

Mr. MacKenzie. May I say that we have had complete and excellent cooperation from the automobile industry in implementing the 

regulations under title I I of the Act.

Mr. Rogers of Florida. That has been my impression and I think it 

is commendable.

Mr. MacKenzie. I appreciate personally, Mr. Rogers, the interest, 

of this committee and hope that this will continue.

Mr. Rogers of Florida. It will.

Mr. Nelsen. Will the gentleman yield?

Mr. Rogers of Florida. I yield.
76 CLEAN AIR ACT AMENDMENTS OF 19 66

Mr. Nelsen. In listening to the discussion relative to electric engines, being a little bit of a mechanic myself, I know that there are 

certainly some limitations on an electric automobile because of fuel 

supply but certainly, we would like to see the Department exciting the 

automobile industry into action and I think for us to assume that the 

experimental process would be developed by your Department would 

be perhaps a fond wish but I think the stimulation would come from 

there. In the areas of air pollution and other areas, there is where 

the real effort I think must be and then the stimulation of the automobile industry. I think great advances have been made in the 

construction of automobiles and even in the crankcase ventilation 

that now goes through the carburators again.

We see many old automobiles on the street that are emitting a blue 

smoke behind. This is something tha t is a wornout engine of course. 

I must want to make the point. I think the point is well taken but 

the great emphasis must be in the automobile industry because they 

have the facilities of research.

The stimulation must come from your Department and from the 

Congress.

Mr. Rogers of Florida. I might say too, that although I agree, a 

great a deal has been done so much more can be done. You get behind one of these buses, even new ones, and I don’t think much has 

been done there. I would hope that you would give a great deal of 

attention to that as well. It is my understanding that there have 

been batteries now invented which have long, long life so tha t it is 

not a question of a battery running out any more.

I th ink the possibility of an electric motor might have great promise. 

So I would hope that this would be encouraged.

Dr. P rindle. I think Mr. Nelsen has made the very good point and 

I think the committee has made the very good point that obviously 

this is a Federal-industrial relationship tha t has to be developed and 

obviously, this is one that does take time and effort on both our sides.

I think we can develop this. I might mention that one of the techniques that we used to try to accomplish the stimulation and cooperation are in the national conferences. We will be holding another one 

this year in December which we hope will involve all the segments 

of the public and the industry and attempt to bring out these questions 

and these problems so that we can bring them into discussion and 

effect this approach.

Mr. Nelsen. I noted that in your testimonv you did refer to the 

diesel engine. I quite agree. It is very uncomfortable.

Mr. J arman. We have had the first bell for a quorum but let me 

ask one question. Dr. Prindle, in your statement, you made reference 

to the Federal Government having initiated several interstate abatement actions. What type? What examples?

Dr. Prindle. These are under the terms of course of the act. Mr. 

MacKenzie has the details of these.

Mr. MacKenzie. The abatement actions to which reference is made, 

Mr. Chairman, are those which are concerned with interstate pollution, pollution which arises in one State and adversely affects health 

or welfare of people in another.

Nine such actions have been initiated under the terms of the Clean 

Air Act since the authority was first enacted. Three of these were at 

the requests of Governors of the States involved and the other six were
CLEAN AIR ACT AMENDMENTS OF 19 66 77

initiated by the Secretary of our Department. I will be glad to put 

into the record a listing of these if you would like to have them.

(The information requested follows:)

Abatement Actions I nitiated Under the Clean Air A ct {as of S eptem ber 29, 1966)

Area Initiated by—

1. Shelbyville. Del., Bishop. Md_________________ Governor.

2. Shoreham, Vt., Ticonderoga, N.Y_______________ Do.

3. New York-New Jers ey metropolitan area _______ Do.

4. Steubenville, Ohio, Weirton and Wheeling, W. Va_ Secretary, HEW.

5. Clarkston, Wash., Lewiston, Idaho____________ Do.

6. Parkersburg, W. Va., Marietta, Ohio__________ Do.

7. Kansas City, Mo., Kans_______________________ Do.

8. Ironton, Ohio, Huntington, W. Va., Ashland, Ky_ Do.

9. District of Columbia, Virginia, Maryland metropolitan area ____________________________ Do.

Mr. Rogers of Florida. Is it not true that the Secretary can call the 

conference and make some suggestion and then if they are not carried 

out, can call on injunction procedures?

Mr. MacKenzie. It is a fairly involved procedure.

Mr. Rogers of Florida. But anyhow, we have enforcement here. As 

I recall it was put in the act.

Mr. MacKenzie. It has to go through essentially three steps, conference, public hearing, and eventually court action if necessary.

Mr. J arman. Thank you very much, gentlemen, for an able presentation.

At this time, without objection, I wish to insert in the record a 

letter from the Department of Health, Education, and Welfare to 

Mr. Staggers, chairman of the full committee, outlining programs 

underway and in prospect for reducing sulfur oxide emissions from 

combustion sources.

(The letter referred to follows:)

Depa rtm ent of Hea lt h, E ducation, and Welf are,

W asliington, D.C., July 21, 1966.

Hon. Harley O. Staggers,

Chairman, Committee on Inte rst ate and Foreign Commerce,

House of Representatives, Washington, D.C.

Dear Mr. Cha irma n : This is in furth er response to your lette r of Jun e 10, 

1966. requesting that you be advised as to the steps thi s Departm ent has taken 

to implement Sections 103(a) (4) and 103(a) (5) (B) of the Clean Air Act, our 

plans in this area , and other pertine nt information.

Our response, “Programs Under Way and in Prospect for Reducing Sulfur 

Oxide Emissions from Combustion Sources,” is included here with as Attach ­

ment A.

We trus t th at this information will ass ist your Committee in carrying out 

its responsibility in this area, which, as you note, is of such vital concern to the 

Nation.

Sincerely yours.

W ilb ur J . Cohen ,

Under Secretary.

Att ac hm en t A

Depa rtme nt of H ea lt h, E duc atio n, and Welfare P rograms Unde rway and

in Prospect for Reducing Sul fur Oxide E mission s From Com bu sti on

Sources

A. INTRODUCTION

The problem of sulfur oxide emissions from the combustion of fossil fuels is 

one of growing internatio nal significance, with which more and more ind ust rial 

nations are demonstrating serious concern. This problem, with its serio us implications for human health, is today a ma tte r of common knowledge. The 

69-400 0— 66-------6
78 CLEAN AIR ACT AMENDMENTS OF 19 66

Department of Health, Education, and Welfare is taking the lead in research 

and development designed to reduce these emissions. Although, within the 

United States, some research is being supported by the fuel, chemical, and utility 

industries, and the Office of Goal Research of the Department of the Inte rior, the 

major effort is being provided by our Department through the Public Health 

Service’s Division of Air Pollution. This involves in-house research. non-Federal 

and inte rdepartme ntal contracts (notably with Interior ’s Bureau of Mines), 

and gra nt programs.

The Depa rtment of Health. Education, and Welfare is keenly aware of the 

broad economic implications of this public health problem and is putting top 

emphasis on the search for low-cost techniques for dealing with it. The Department’s research efforts to control sulfur dioxide emissions are primarily devoted 

to carrying out two directives from Congress: Removal of Sulfur from Flue 

Gas, 103(a) (5) (B) in th e Clean Air Act, an d Removal of Sulfur from Fuels, 103 

(a )( 4) of that Act. These author itie s were first specifically reflected in the 

FY 1965 program, and the additional directives in the 1965 Amendments were 

programmed for the ensuing Fiscal Year, 1967. I’rogress in these two areas is 

covered below, in sections B and C respectively. However, our total program is 

not limited to these ar ea s; other facets of t he problem which are being actively 

explored by the Department are reported in brief in section D, Other Efforts 

to Attack the Sulfur Problem. Ten tati ve Cost Etsimates are discussed in section E.

B. REMOVAL OF SULFUR FROM FLUE GAS

Section 1 03(a) (5) (B) of the Clean A ir Act is d irected toward the development 

of improved low-cost techniques designed to reduce emissions of oxides of sulfur 

produced by the combustion of sulfur-containing fuels. Considerable effort has 

been devoted to th is objective, and some progress has been made.

There is available, in the metallurgical and chemical industries, a considerable 

technology for the removal of relatively high concentrations of sul fur oxides 

from flue gases. Thie application of this technology to the relatively low concentrations found in powerplant flue gases has not proved feasible—hence the 

present worldwide search for applicable processes.

The pioneer full-scale install atio ns of plants for this purpose were in England, 

where Thames River wa ter was used to wash the sul fur oxides from flue gas. 

Based upon this and oth er experience w ith wet processes, the British now recommend aga inst flue g as washing, with the result that most of the processes now 

under investigation around the world are dry, or. if wet, involve reversiblle chemical reactions and do not leave a sulfurous discharge to a stream.

In Germany, the emphasis is on a process th at uses ac tiva ted carbon to absorb 

the sul fur oxides from the flue gas. In Japan, one process under development 

first ca taly tically converts sul fur dioxide to sulfuric acid and then to ammonium 

su lfat e; ano ther process chemically reacts the sulfu r oxides into a regenerable 

manganese sulfate. In Czechoslovakia, an ammoniacal washing process, 

which yields ammonium sulfate as the end product, is under consideration. In 

all these countries, as well as in the United State s, there is interest in processes 

that blow alkaline materials into the furnace, because, of all current processes, 

this is the one most applicable to ex istin g installation s.

In the United States, a number of promising processes are now in the proposal 

stage. There are, however, only two American processes which have reached the 

pilot-plant stag e: the ca talytic conversion of sulfu r dioxide to sulfuric acid, and 

the reversible absorption of sul fur dioxide by alkalized alumina. The former 

process has been developed by private industry, the latte r by DHEW-funded 

research in th e Department of th e Interior.

The control method of injecting alkalin e ma terials into furnaces to react 

with sulf ur oxides to produce a solid which subsequently can be removed by electro static precipitation or filtration is of immediate application in existing powerplants. Consequently, under a con trac t with Battelle Memorial Instiute, a fundamenal study of s ulfur fixation by lime and magnesia is under way to elucidate 

the thermodynamics and kinetics of the reac tions involved. Past efforts to 

remove SO2

 from combustion gases by reacting the SO2

 with alkalin e materials such as limestone and dolomite have been handicapped by our inab ility to inject
CLEAN AIR ACT AMENDMENTS OF 19 66 79

these materials into power boiler systems with assu rance of good reaction 

efficiency.

As mentioned above, thi s Department, has tra nsfer red funds to the B ureau of 

Mines of the Departm ent of the Interio r for the development of the alkalized 

alum ina process for scrubbing sul fur dioxide from stack gases and recovering 

the su lfu r in elemental or acid form. Process cost estimates have been developed 

for the alkalized alumina, catalytic oxidation, and activ ated carbon proceses for 

removing sulfur oxides from flue gases.

In-house work has proceeded along more basic lines. Rese arch ers have sought 

more reactive absorbents for scrubbing stack gases. They have initiated program s to achieve reduction in emissions of pollutants through the use of fuel 

additives and combustion process modifications.

Engineering evaluations of many removal processes have been made to select 

candidate methods for early process development and prototype demonstration.

In 1967, the operation of a larger, continuous alkalized alum ina pilot plant 

will provide more reliab le data on the performance and life of the absorbent and 

will reveal the parameters affecting SO2

 removal over a prolonged, continuous 

period. Work will begin on the preparation of absorbents which will resist at tr ition and lead to longer life and cheaper operation. New and more efficient 

methods of regenerating the absorbent will be investigated. More efficient regeneration leads to smaller equipment designs and results in lower cap ital plan t 

costs.

Work related to the activated carbon process will be tailored to improve the 

reaction rate of the sulfur oxides with the carbon, to improve the combustion 

resistanc e of the carbon, and to develop improved nonthermal regeneration 

methods for “spent” carbon. Success in any of these are as will lower operating 

costs of the process.

In the catalytic oxidation process, the key to economic operation lies in the 

recovery of the acid in a concentration of commercial value and at a high enough 

temperature to prevent corrosion of process equipment. We will, therefore, 

investigate the feasibility of various high-temperature acid recovery systems and 

also perform rela ted equipment-corrosion testing.

In both the United States and Japan, processes employing manganese oxide 

as the absorbent are being considered for removing sulfur oxides from stack 

gases. The difference in the processes lies in the method of rege neration of the 

absorbent. In the Japa nese process, the absorbent is regenerated chemically to 

form calcium sulfate. The American process rege nerates the absorbent electrolytic-ally and yields a dilute sulfuric acid. Both of these products are of lower 

commercial value in this country than other possible sulfurous end products. 

Therefore, the economics of these processes would be improved if regeneration 

systems were devised to yield more desirable products at lower costs. A project 

for FY 1967 is designed to find such means of regeneration.

The time -tem pera ture-rate relationship of various types of alka line additives, 

and the effect of the method of the ir preparatio n on their activ ity, will be determined. Field trials of the most successful activate d material are planned in 

prototype equipment.

The present needs are to move the more promising processes from the proposal to the pilot-plant stag e; and to move the more promising pilot-stage processes to the demonstration-plant stage.

In addition to this Federal resea rch on sulfur removal from flue gas, there 

is a sub stantial industrial effort which includes several of the processes noted 

above as being in the proposal stage and the above-noted pilot plant for ca talytic 

conversion of sulfur dioxide to sulfuric acid. Also, the American Petroleum 

Institut e is supporting a litera tur e survey of flue gas desulfurization processes, 

and the Electrical Research Council and Natio nal Coal Association are jointly 

supporting work on the alkaline injection and alkalized alum ina processes previously described.

C. REMOVAL OF SUL FUR FROM FUE LS

Section 103(a) (4) of the Clean Air Act relates to the initiation and conduct 

of programs of research directed toward the development of improved, low-cost 

techniques fo r extrac ting sulfur from fuels.
80 CLEAN AIR ACT AMENDMENTS OF 19 66

Residual fuel oil and coal present the major problems in this area. The technology of the removal of sulfur from oil and gas is well known and extensively 

utilized in producing the almost-sulfur-free gas, gasolines, lubricating oils, and 

light fuel oils that constitute the hulk of the products of th e oil and gas industry 

the world over.

Although an equivalent technology exists for desulfuriz ing residual fuel oil, 

its cost, as a percentage of the selling price of the product, has been so high as to 

discourage its employment. New American refineries avoid the problem by producing no residual fuel oil; they produce instead liquid and gaseous products 

in the almost-sulfur-free category, and a high-sulfur-content solid residue, petroleum coke. However, since this option is not att rac tiv e to refineries in countries 

which lack our demand for gasoline and light fuel oil, and which exjiort highsulfur residual fuel oil to the United States, and since older domestic refineries 

still produce this product, there is still need for research to develop lower-cost 

methods of desufurizing heavy fuel oil.

A start has been made with respect to this problem. Under a contract, the 

Bechtel Corporation investigated the cost of reducing the sulfur content of 

certain residual fuel oils to one percent. The most imp ortant conclusion from 

this study was that the manufactu re of low-sulfur residual fuel oil from highsulfur crudes requires an incentive pricing of 40 to 65 cents per barrel above 

fuel oil produced without s ulfur restriction. This cost is increased about 20 percent if applied to an existing refinery. Fu rth er alte rnative s in the refining 

operation are being explored to lower, as cheaply as possible, the sul fur content 

of residual oil to 0.5 percent.

The technology of the removal of sulfur from coal is not well developed. It is 

known that coal-washing processes which lower the ash content of coal also 

lower its sulfur content to the extent th at su lfur is associated with relatively large 

pieces of ash-substance. However, the bulk of the sul fur is more intim ately associated with the coal substance and is released only by grinding and extraction 

processes which are presently relatively expensive. Research is needed both to 

lower the cost of these processes and to seek new ones. For years the needs for 

low-sulfur-content coal have been met from natu rally occurring low-sulfur-content 

seams. Incen tives for the development of coal des u'fu riza tion processes are of 

recent origin, too recent for a significant research effort to have developed.

Studies of the forms and the wash ability of sul fur in American coal used in 

powerplants have been un dertaken by contract. Analyses of the ability of various 

commercial processes used in coal preparatio n to remove sulfur are being examined to determ ine feasibilities and costs of the processes for particular coals 

which are utilizahle in powerplants. Preliminary studies of new processes have 

been conducted which may have potentia l value for use in sulfur removal from 

co al; these processes include ai r elutria tion. thermomagnetic or elec trostatic 

forces, and corona discharge.

Besides the Federal resea rch effort in this area, there is also an indu stria l 

effort. The American Petroleum Insti tute is supporting a study to determ ine the 

estim ated cost of desulfurizing Caribbean residual fuel oil and is assembling data 

on petroleum indu stry expenditures for fuel oil desulfurization, and the Electric 

Research Council and the National Coal Association are jointly sponsoring research on th e removal of pyritic su lfur from coal.

D. OTH ER EF FO RT S TO ATT AC K T H E SU LFU R PROBLEM

Basic and necessary though it is to car ry out the two specific directives from 

Congress which are aimed at conrtolJinr/ emissions of sulfur compounds to the 

atmosphere through removal of sulfur from fuels and stack gases, these are by 

no means the only responsibilities of the Department of Health Education, and 

Welfare in connection with sulfurous air pollutants. Other related efforts under 

way or planned by the Depa rtment can he catalogued in four groups: (! ) determining overall research needs and pri ori ties: (2) research on a lternatives to desulfu rization of fuel and flue gas: (3) necessary studies of factors other than 

control • and <41 supplementary programs which can aid in SO, control.

(1) Detcrminino Overall Research Needs and Priorities.—This is a continuing 

study for which the need is obvious if we are to avoid prem ature and arbit rary
CLEAN AIR ACT AMENDMENTS OF 19 66 81

decisions. It involves learning about the gaps in our present knowledge and 

deciding how best to apply available resources to filling th ese gaps. A first step 

was a comprehensive survey of the world’s literatur e; one resu lt has been the 

publication of a 383-page bibliography of sul fur oxides and other sul fur compounds. Continuing worldwide liaison is maintaine d on this ma tter and two 

represen tatives of the Depa rtment are now in Europe studying sulfur-control 

methods and related current research in England and Germany. We are also 

cooperating with the Organization for Economic Cooperation and Development 

in setting up internation al air pollution studies. One of the studies recommended 

for top p riority is the sulfu r problem. Representatives of this Department have 

been involved in recent official exchange missions which, among other things, 

investigated these matters—a Preside ntial Mission to Germany and a Japanese 

Natural Resources Mission to the United States.

(2) Research on Alternatives to D esulfurizatio n of Fuel and Flue Gas.—This 

Departm ent attach es utmost importance to its resea rch on the feasibility of 

means to control atmospheric levels of sulfur oxides by means other than 

desulfurization of fuels and flue gas. These means inclu de: the use of tal ler 

stac ks ; the location of new fuel-burning sources outside of urban are as; allocatin g fuel among powerplants so tha t the better fuels are burned in the plan ts 

that are poorly sited or poorly equipped with respect to air pollution and vice 

versa ; sepa rating fuel into better and poorer fractions at th e point of production, 

to perm it the allocation suggested above: allocating power load among powerplants so th at less load is carried by those that are poorly sited or poorly equipped 

with respect to a ir pollution, and vice versa ; allocating power load among powerplants so tha t loading reflects the rela tive dispersive capacity of the atmosphere 

at any given time a t all plants : and shifting from more to less pollution-producing 

fuels at individual powerplants when the dispersive capacity of the atmosphere 

decreases.

(3) Necessary Stud ies of Factors Other Than Control.—As an agency primarily concerned with public health and welfare, the Department must continue 

and expand its studies of the effects of sulfurous p olluta nts ; and develop Federal 

criteria as guides to the setting of legal stan dar ds—for those and other pollutan ts—for emissions and for ambient air quality. Reactions which take place 

after sul fur compounds are emitted to the a ir must be studied. Surveys m ust be 

made in are as of high pollution, and continuing measurements taken throughout 

the country through the National Air Sampling Network and the Continuous 

Air Monitoring Program which are operated by the D epartment.

(4) Supplem entary Proyrams Which Can Aid in SOZ

 Control.—Certain basic 

studies are being pursued which are expected eventually to contribute to a 

reduction in SO2

 emissions. For example, a study is being conducted at Penn 

State University under the Dep artm ent’s research gra nt program at a cost of 

$20,240 which is concerned with “Intera ctio n of S ulfu r Dioxide with Carbon Surfaces.” This will help to optimize pla nt design for minimum operating costs 

under various flue gas conditions which prevail in the wide variety of existing 

powerplants.

A major Department program which will importantly affect the overall effort 

to reduce sulfurous effluents is the Control of Air Pollution From Federal Insta llations. On May 26 of this year. President Johnson signed Executive Order 

11282, which directs the heads of all Federal agencies to lead in the administration ’s efforts to improve the quality of the N ation’s air. In signing the order, the 

Presiden t stated that the most difficult problem encountered in writing the order 

was the lack of an economically feasible technology for controlling emissions 

of sulfur. This Depa rtment has supplemented the orde r by issuing stan dar ds 

which set precise limitations on emissions which will be allowed from Federal 

buildings and facilities. These standard s implement the expressed will of Congress tha t the Federal Government shall be an exemplary “good neighbor” in 

abating community air pollution. With rega rd to su lfur oxides, they require that 

most Federal Ins tallation s burn the lowest-sulfur-content fuel that is reasonably 

available. Among the factors to be considered in determining “reasonable ava ilability ” are: price, relia bility of supply, and the magnitude of the air pollution 

problem.
82 CLEAN AIR ACT AMENDMENTS OF 19 66

The Fed eral Government has proposed spending more tha n $3 million in 1967 

on resea rch to control sulfur emissions. This includes $1 million for designing 

four sulfur-removal plants, the construction of which would cost a tota l of $8 

million. The Preside nt has directed the Secretaries of the Interior and Health, 

Education, and Welfare to explore with the Bureau of the Budget the feasibility 

of increasing the Federal effort to find a solution to the sulfur emission problem.

E. TEN TATIVE COST ES TIM AT ES

The Department’s program for resea rch and development on th e control of air 

pollution by su lfur compounds has been an d may continue to be limited by appropria tion ceilings. Although the maximum app ropriation authorize d und er the 

Clean Air Act has increased each yea r these ceilings have imposed lim itations on 

the effort which could be expended on these as well as other are as of our total 

program. We have endeavored to utilize available fund s most efficiently and to 

estimate fut ure needs on the basis of cur ren t expectations. However, the a reas 

of interest under consideration here are so relatively new, and are developing so 

rapidly, that even medium rang e estimates can be considered only as tentative. 

If maximum progress at least cost is to be achieved, it will be necessary to review 

at frequent inte rvals the authorities and resources required. For example, the 

above programs as currently envisaged would require approximately $25 million.

(The follow ing in for ma tio n, requested by Congressman Rogers, was 

subseque ntly supplied by Mr. F re d Reh m, depu ty director, M ilwa ukee 

Cou nty De partm ent o f Air Po llu tio n Co ntrol:)
AIR POLLUTION 

CONTROL ORDINANCE

D ep ar tm en t of Air Po llut io n C ontrol 

Milw aukee Co un ty

ADOPTED DECEMBER 20, 1961

PUBLISHED JANUARY 4, 1962

and

AMENDED THROUGH JULY 21, 1964

by the

MILWAUKEE COUNTY BOARD OF SUPERVISORS

83
84 CLEAN AIR ACT AMENDMENTS OF 19 66

CHAPTER 89

AIR POLLUTION CONTROL

89.01 Creation of department of air pollutio n control.

89.02 Definition s.

89.03 Duties of the department of air po llution control.

89.04 Estab lishm ent of rul es and reg ula tions.

89.05 Ins tal lat ion permit, operating perm it, and ce rtific ate of oper ation. 

89.06 Sale , use, or consumption of cer tain fue ls.

89.07 Fuel shortag e emergency.

89.08 Reporting of sa le s and pu rchases .

89.09 Equipment.

89.095 Suitable proc ess or control equipment and fuels.

89.10 Fe es.

89.11 Lim its of emission and standard s of measurement.

89.12 Entranc e to pre mises .

89.13 Pe rso ns liable .

89.14 Pe na lti es for vio lation s.

89.15 Period of grace.

89.16 Maintenance of records.

89.17 Appeals to app eal board.

89.18 Co-ordination of m unicipal and county reg ula tions.

89.19 Declaration of p ublic purpose of o rdinance.

(Created December 21, 1961 J. Proc., p. 1996-2020; pu blish ed and

effective Jan. 4, 1962.)

TO REPEAL CHAPTER 88 OF THE GENERAL ORDINANCES 

OF THE COUNTY OF MILWAUKEE, AS AMENDED TO AND INCLUDING 

DECEMBER 20, 1961, AND, PURSUANT TO AUTHORITY OF SEC. 

59.07 (85) STATS. AS CREATED BY CHAP. 508, L. 1961, TO CREATE 

A CHAPTER 89 OF THE GENERAL ORDINANCES OF THE COUNTY 

OF MILWAUKEE, CREATING A DEPARTMENT OF AIR POLLUTION 

CONTROL, REGULATING THE EMISSION OF SMOKE AND SOLIDS, 

LIQUIDS, GASES, FUMES, ACIDS, BURNING EMBERS, SPARKS, PARTICULATE WASTES OR DUSTS, INCLUDING THEIR RADIO-ACTIVE 

FRACTIONS OR COUNTERPARTS, INTO THE OPEN AIR WITHIN THE 

TERRITORIAL LIMITS OF MILWAUKEE COUNTY; REGULATING THE 

CONSTRUCTION, RECONSTRUCTION, REPAIR, USE OF, AND ADDITIONS TO PROCESSES, CONTROL EQUIPMENT AND DEVICES AND 

THE APPLICATION OF FUELS AND RAW MATERIALS TO EQUIPMENT 

AND PROCESSES; REQUIRING NOTICE TO THE COUNTY OF MILWAUKEE OF ALL PURCHASES AND SALES OF SUCH EQUIPMENT TO
CLEAN AIR ACT AMENDMENTS OF 19 66 85

BE INSTALLED WITHIN THE COUNTY; PROVIDING FOR THE 

ESTABLISHMENT OF FEE S FOR EXAMINATION OF PLANS, INSPECTIONS, TESTS, ISSUANCE OF PERMITS FOR EQUIPMENT AND 

CERTIFICATES OF OPERATION; ESTABLISHING PROCEDURES 

REGARDING THE TAKING OF APPEALS; PROVIDING FOR THE 

DETERMINATION OF A FUEL SHORTAGE EMERGENCY AND THE 

EF FE CT THEREOF; PROVIDING FOR COMMENCEMENT OF ACTIONS 

TO ENJOIN ACTS, THREATS OF ACTS AND THE PROCURING OR 

SUFFERING OF ACTS TO BE DONE IN VIOLATION OF THIS ORDINANCE; AND PROVIDING PENALTIES FOR THE VIOLATION OF ANY 

OF THE PROVISIONS OF THIS ORDINANCE. PURSUANT TO AUTHORITY OF SEC. 59.07 (85) STATS. 1961, CREATED BY CHAPTER 508, 

L. 1961, NINETEEN NEW SECTIONS OF THE GENERAL ORDINANCES 

OF THE COUNTY OF MILWAUKEE ARE CREATED TO BE NUMBERED 

89.01 TO 89.19, INCLUSIVE, WHICH MAY BE REFERR ED TO AS 

CHAPTER 89 OF THE GENERAL ORDINANCES, AND TO READ AS 

FOLLOWS:

89.01 Creation of Department of Air Pollution Control. The re is 

hereby created a Department of Air Pollution Control of the County of 

Milwaukee, which sh all co ns ist of the follow ing:

(1) A Dire ctor to be appointed by the County Execu tive under 

civil service subject to confirmation by t he County Board.

(2) A Deputy Dire ctor, who shall be app ointed unde r civ il ser vic e 

by the Dire ctor, and who shall be authorized to perform all powers and 

duties of the Director in his absence or disabilit y and unde r his dir ection.

(3) Such oth er employees as may, in the opinion of the County 

Board of Sup ervisors, be ne ce ssary for the prop er performance of the 

work of said depa rtme nt, and who sh all be paid such sa la ries as may 

be fixed by the County Board, and who shall be appointed under civ il 

servic e by th e Director.

(4Xa) An advisory Board of five perso ns who shall be graduate 

eng ineers rep resent ing a cross sec tio n of the various ph as es of air 

pollution or its control as well as with indu str ial pr oc es se s and equipment, and whose exp erienc e and training qu alifies them to give competent tec hnica l adv ice to the Directo r or to the County Board.

(b) Three members of the Advisory Board sh al l constitute a 

quorum provided tha t each recom mendation of such Board sh all be 

adop ted by the affirmative vote of at le as t three members of the board.

(c) The members fir st appo inted sh all be appo inted for terms of 

one, two, thre e, four and five yea rs res pecti vely and the reaft er members 

sha ll be appo inted for five yea r terms. Appointm ents to the Board shall 

be made by the County Exe cutive subject to confirmation by the County 

Board. The County Executive shall ann ually appoint one of the members 

as chairman. The Advisory Board shall ann ually elec t a sec retary The 

members of the board shall serve without pay . The terms of each member 

shall commence on Janu ary 1. In the year 1961, the County Execu tive 

may appoint an interim Advisory Board to ser ve until Jan uary 1, 1962.

(d) The Advisory Board shall meet at le as t bi-monthly and at such
86 CLEAN AIR ACT AMENDMENTS OF 19 66

ad ditio na l tim es as may be ca lled by the chairman. Th e chairman sh al l 

ca ll a me eti ng upon the wr itten re qu es t of at le ast three mem bers of 

the Advisory Board. The Advisory Board sh al l keep minu tes of it s 

proc ee ding s which sh al l clea rly show the of fici al ac tion s of the Advisory 

Board and the vote of any member of the Ad vis ory Board on any qu es tio n. 

Such mi nu tes sh al l be made av ai la bl e to the Di recto r, County Ex ec utive, 

Chairman of the Cou nty Board, the Chairm an of the County Highway 

Com mittee and to the mem bers of the Ad visory Boa rd. A copy of such 

minutes sh al l be on file in the departm ent of fic e av ai la bl e for pu blic 

in sp ec tio n.

(5)(a) An Appea l Boa rd co ns is ting of five mem bers who sh al l be 

ap point ed by the Cou nty Ex ec utive su bje ct to con firma tion by the County 

Board, for a term of five ye ar s, ex ce pt th at of the in itia lly ap po inted 

board, one member sh al l se rv e for one ye ar, one mem ber for two years , 

one member for thr ee ye ar s, one member for four ye ar s and one member 

for five ye ar s, the term s of ea ch mem ber to commence on Janu ary 1.

(b) Such mem bers sh al l be pe rson s of good re pu tatio n who have 

been ac tiv ely id en tified with the develop me nt and imp rov ement of 

Milwau kee County or it s co ns titu en t m un ic ip al itie s and who sh al l not 

be in te re st ed in the sa le of any fuel, pr oc es s or co ntrol equip me nt or 

control de vice . One of such mem bers sh al l be a pr ac tici ng attorney and 

one a pr of es sion al en gine er. A law yer member of such board sh al l serve 

as chairman the reo f. The Appea l Board sh al l annu ally ele ct a se cr etar y. 

Appeal Board mem bers sh al l se rv e witho ut compe nsation.

(c) Such Appea l Boa rd may adopt, amend or repe al from time to 

time suc h of it s proc ed ural ru les and regu latio ns as it may deem necessary to carr y into ef fe ct it s du tie s as pr es cr ib ed by th is ordina nc e. When 

adopted , such ru le s sh al l be pu bl ishe d on ce in the of fici al cou nty ne wspaper.

(d) Me etings of the Appea l Board sh al l be he ld at the ca ll of the 

'Chairman wh enever ne ce ss ar y to pro ce ss gr an ts of pe rio ds of grac e as 

provid ed in Se cti on 89.1 5 of th is ordinance and when ne ce ss ar y to process ap pe als as pro vid ed in Secti on 89.17.

(e) The chairman, or the ac tin g cha irm an in hi s ab se nc e, may 

compel the atte nd an ce of w itnes se s and may ad minister oa th s.

(f) The Appea l Boa rd sh al l keep minutes of it s proc ee ding s, 

includ ing reco rds of it s he ar in gs or of ap pe al s and ot he r of fici al ac tion s.

(g) Every rule and regu latio n, every ame ndm ent or re pe al the reo f, 

and every ord er, require me nt, de ci sion or de term ination of the Appea l 

Board sh al l be fil ed im me dia tely in the de pa rtm en t’s offic e and with the 

Chairman of the County Board and sh al l be ope n for pu blic in sp ec tio n.

(h) Th e pre se nc e of three mem bers of su ch Ap peal Board at any 

me eting thereo f sh al l co ns titu te a quorum , and an aff irm ati ve vote of a 

majority of a quorum or of the members pre se nt at any meetin g in ex ce ss 

of a quorum sh al l be ne ce ss ar y to any determ ination by the Appea l 

Board. The Ap peal Board sh al l keep mi nu tes of it s pr oc ee di ng s which 

sh al l clea rly show the of fici al ac tion s of the Appea l Board and the vote 

of any member of the Appea l Board on any qu es tio n.

(i) The County Clerk sh al l be ex-offi cio se cr et ar y of the Appea l 

Board in al l ap pe al s brough t before it.
CLEAN AIR ACT AMENDMENTS OF 19 66 87

89.02 De fin ition s. Fo r the pu rp os e of th is ordina nc e, wh enever 

any of the follow ing words or term s are us ed he rein, the y sh al l have 

the meaning as cr ib ed to them in th is se ct io n.

(1) ADVISORY BOARD—Th e boa rd ap po inted by the County 

Ex ec utive to ac t as ad vi so rs to the Dire ctor of the De partm ent of Air 

Po llu tio n Co ntr ol of the County of Milwa uke e and to the County Board.

(2) AIR POLLUT AN TS—Smoke, so lids, liqu id s, gase s, fumes, 

ac id s, burn ing em bers, sp ar ks , par ticu la te w as te s or du st s, includ ing 

their ra di oa ctiv e frac tio ns or co un terp ar ts.

(3) AP PR OV ED —App roved by the Direc tor .

(4) AP PU RT EN AN CE —Any stru ct ur e, de vi ce , mechanism or 

ac ce ssor y pa rt ha ving any ef fe ct upon, or re la tion sh ip to the op erati on 

or performanc e of any pr oc es s or contr ol equip me nt.

(5) BTU—Brit ish thermal un it.

(6) BOARD OF AP PE AL S—The Board of App ea ls as cr ea ted by 

Section 89.01 (5).

(7) BUILDING FIR ES —A "n ew fire being bu ilt” sh al l be he ld to 

mean the pe rio d during which a fre sh fire is being star te d and do es not 

mean the pro ce ss of replen ishing an ex is ting fue l bed with ad ditio na l 

fuel.

(8) CERTIFICA TIO N NUMBER—A num ber as si gned to a pa rt icular so lid fuel ce rtifie d by the Dire ctor to di stin gu ish it from any oth er 

ce rtified so lid fuel.

(9) CE RT IFIC AT E OF OPER AT ION—A cert if ic at e is su ed by the 

Direc tor au thorizing the us e of any pro cess or control equip me nt for the 

perio d in di ca te d af te r it ha s bee n found that it can be op erated in compl ia nc e with the ordina nc e.

(10) CE RT IFIED SOLID FU EL—Solid fuel the vo la tile conten t 

of which is 23% or le ss on a mois tur e and ash free basi s and which ha s 

been ce rtifie d for us e as a ce rtifie d so lid fuel by the Dire ctor. Provide d, 

however , that a so lid fuel which co nt ains vol at ile matter in excess of 

23% on a mo isture and as h free bas is , sh al l be ac ce pt ed a s a ce rtified 

so lid fuel upon ce rtific atio n by the Dire ctor th at such so lid fuel me ets 

the sam e stan da rd s in reg ard to smoke prod uc tio n as th at of a so lid fuel 

conta ini ng 23% or le ss of vo la tile matter on a moistu re and as h free 

ba sis. To qualify such so lid fuel for ce rtific at io n, the so lid fue l su pp lier 

sh al l:

(a) Fu rnish to the Di recto r comp lete sp ec if ic at io ns, da ta and 

inform atio n as the Dire ctor may requ ire co nc erning the so lid fuel for 

which ce rtific at io n is re qu es ted.

(b) Fu rn ish to the Di recto r a supp ly of the fuel for which ce rtifica tion is re qu es te d, ad eq ua te to co nd uc t wh atev er te st s the Di recto r 

dee ms nec es sa ry to es ta blish wh eth er it mee ts the requ ire d st an da rd s 

as to smoke prod uc tio n.

(c) Pa y to the Direc tor in adva nc e al l ex pe ns es ne ce ss ar y to make 

the req uired te sts .

(11) CLEANIN G FIR ES —The term ‘‘when the fire box is being 

cle an ed ou t” sh al l mean the perio d during which the fuel bed , includ ing 

ash and clinke r, is being comp letely rem ove d from the gr ate su rfac e.
88 CLEAN AIR ACT AMENDMENTS OF 19 66

Thi s op er at io n may be do ne by cl ea nin g port io ns of the gra te at dif fe re nt 

tim es . T hi s does no t mean th at the ac t of sh ak in g th e gra te s to rem ove 

as h or in div id ual cli nkers from the fu el bed co n sti tu te s an act of cl ea nin g 

the fi re s as in te rp re te d in th is or di na nc e.

(12) COMBUSTION EQ UI PM EN T—Any eq ui pm en t, appara tu s or 

dev ic e ha vi ng a ch am be r or sp ace whe rein th e co m bust ib le port io ns of 

any fu el or su b st an ce is bu rned, co ns um ed , oxid iz ed or co nv er te d into 

a gas eo us sta te ac co m pa ni ed by the li bera ti on of heat or po wer un de r 

co nt ro l, an d for wh ich a flu e, ve nt , ch im ne y, st ack or exhaust pi pe is 

re qu ired to co nd uc t the pr od uct s of co m bu stio n from th e eq ui pm en t to 

the open ai r or at m os ph er e.

(13 ) CONT RO L EQ UIPM EN T—Any eq ui pm en t w ho se fu nc tion is 

to co nt ro l a p ro cess or p ro cess eq ui pm en t an d th us re duce th e cr eat io n 

of, or the em is si on of ai r poll uta nts to th e at m os phe re , or bo th.

(14 ) CO UN TY —The Co unty of M ilw au ke e, W isco ns in .

(15 ) COU NTY BOARD—Th e Co un ty Bo ard of Super vis or s of Milwau ke e Co un ty.

(16 ) COUNTY E X EC U TIV E -T he Co un ty E xec utive of th e Co unty 

of Milw au ke e.

(17 ) DIR EC TO R—Th e D irec to r of th e Dep ar tm en t of Air Pollution 

Co ntro l of the Co un ty of Milw au kee.

(18 ) DU ST—G as -b or ne or ai r-bo rn e p a rti c le s la rg er than on e micro n 

in mean di am et er . (Sa me for fly ash .)

(19 ) DU ST -SEP AR AT IN G EQ UIP M EN T- Any dev ic e for se para ti ng 

dust from the gas med ium in wh ich it is ca rr ie d.

(20 ) EMISSION—Em is si on in to th e op en ai r.

(21) FU EL BURNING EQ UI PM EN T—Any fu rn ac e, in cin er at or, 

re fu se -b ur ni ng eq ui pm en t, dust -s epara ti ng eq ui pm en t, bo iler , ap para tu s, 

dev ic e, m ec ha ni sm , st ack, ch im ne y, or st ru ctu re use d in th e p ro cess of 

bu rning fu el or ot he r co m bu stib le m at er ia l.

(22 ) FUM ES—G ase s, va po rs or p arti c u la te s th at ar e of su ch ch ar ­

acte r as to cre ate an unc le an , d estr u cti v e, off ensi ve or unhea lthfu l 

co nd itio n.

(23) HE AT ABS ORB ING EQ UI PM EN T—M ec ha ni ca l ap para tu s or 

co mpo nent part s th er eo f, su ch as th e ra dia nt or co nvec tion su rf aces of 

a bo iler , w at er w al l, w at er heate r, su perh eat er, re heat er, dr ye r or ai r 

heate r in sta ll e d in co nj un ct io n with fu el-b ur ni ng eq ui pm en t for th e pu rpose of re ce iv in g, st ori ng, tr an sm itting , u ti li zin g or co nv er ting th e hea t 

en ergy li bera te d from the bu rning of fu el s.

(24 ) IN SP ECTOR—Any per so n who is du ly au th ori ze d by the 

Dep artm en t of Air P ollution Con trol , Cou nt y of M ilw au ke e, to perform 

duti es of in sp ecti on.

(25) INST AL LA TION PE RM IT —A pe rm it is su ed by th e D irec to r 

au th or iz in g th e const ru cti on, in sta ll ati o n , alt era ti o n , or re pair of any 

pro cess or co nt ro l eq ui pm en t in ac co rd an ce with pla ns an d sp e cif ic ati ons ap pr ov ed by th e D irec to r.

(26 ) IN TE RN AL COM BUSTION EN GIN E-A ny en gi ne in whic h th e 

co m bu stio n of g aseo u s, liquid or pulv eri zed so li d fuel ta kes pla ce with in 

on e or mo re cyli nders .

(27 ) ME CHANICA L FIRI NG—A m ea ns of firing thr ou gh the use of
CLEAN AIR ACT AMENDMENTS OF 19 66 89

mec ha ni ca l eq ui pm en t su ch as a bu rner, st oker, or oth er ap pr ov ed firing 

dev ic e.

(28 ) OPA CIT Y —Sta te of a su b st an ce which re nders it part ia ll y 

or wh oll y im pe rv io us to th e ra ys of ligh t.

(29 ) OP EN FIR E —Any fir e whe rein th e pro duct s of co m bu stio n 

are em itte d in to th e ope n ai r an d ar e no t dir ec te d th er et o throug h a st ack 

or ch im ne y.

(30 ) OP ER AT IN G PE RM IT —A pe rm it is s u e d by th e D irec to r 

au th or iz in g th e u se of any pro cess or cc ntr ol eq ui pm en t for te s t purp ose s 

to de te rm in e w he th er or no t it ca n be op er at ed in co m pl ia nc e with th is 

or di na nc e. (S ee C ert if ic ate of O pe ra tion .)

(31 ) OR DINA NC E—Th e wh ole or par t of C ha pte r 89 of th e Gen er al 

O rd in an ce s of the Co un ty of Milw au kee.

(32) PE RS ON—Any ow ner, te nan t, le sse e , in div id ual , par tn ers hip , 

ass o cia ti o n , sy ndic ate , co mpa ny , firm , tr ust , co rp or at io n, go ve rn men t 

co rp or atio n, de pa rtm en t, bu reau , ag en cy , or oth er en ti ty re co gniz ed by 

law as the su b je ct of ri ghts an d duties.

(33 ) PR OC ES S EQ UI PM EN T—Any eq ui pm en t which ca u se s, 

cre ate s, m od if ie s, handle s, co nv ey s, co ntr ols , d is ch arg es or co m es in 

co nta ct with ai r poll uta nts whic h ar e su bse quen tl y dis char ged to th e 

at m os ph er e. P ro c e sse s an d p ro cess eq ui pm en t in cl udin g, bu t not lim ite d 

to, ar e: fuel bu rning, co m bu stio n, hea t ab so rb in g, sm el ting, ro as ti ng, 

gr in di ng , dr ying , co nv ey in g, ba king , ba tc hin g, m el ting , si nte ri ng, cl eaning , pi ck ling, gal van iz in g, pul ve ri zi ng , pai nti ng, calc in in g, bri qu et ting 

and si zin g eq uipm en t.

(34 ) RAILR OA D LO CO MO TIV E—Any ra ilro ad lo co m ot iv e or ra il ­

road veh ic le usi ng a liqu id , so lid, or pulv eri zed so li d fu el.

(35) RING ELMANN CH ART —Th e st andar d by which th e sh ad e or 

de ns ity of sm ok e is to be m ea su re d is th e Rin ge lm an n C ha rt pub lish ed 

by the U ni te d S ta te s Bu reau of Mine s. T his ch art is in corp ora te d in th is 

or di na nc e as E xhib it 1.

(36 ) SMOK E—All gase ous pro duct s of co m bu stio n, to get her with 

ca rb on , dust , fly ash , an d al l ot he r p art ic u la te so li d s in co m bu stio n 

g ases in su ff ic ie nt den si ty to be obse rv able .

(37 ) SEAL OR SEAL ING PR OCE SS EQ UIPM EN T OR PREM ISE S 

— A de vic e in sta ll e d by th e D irec to r so as to pre ven t u se of th e pro cess 

eq ui pm en t or pre m is es causi ng th e vio la tion or from wh ich vio la ti ons 

ori gin ate .

(38) STA CK OR CHIMNEY—Sta ck , ch im ne y, flue, co nd ui t, or op en ­

ing ar ra ng ed for th e em is si on in to th e op en air of air p o ll u ta n ts .

(39 ) VO LA TIL E—The g ase ous co n sti tu e n ts of so li d fu els as 

de term ined by the St an da rd Am eri can Soc ie ty of T est in g M at er ia ls D 271 

Pro ce du re (194 4).

(40 ) WAS TE—Th e w as te pro duct s of in d u st ri al p ro c e sse s, su ch 

as miner al wo ol, lint, pea nut hull s, gr ain ch af f, etc .

(8 9. 02 (37) A m en de d Sept. 12, 1963 ]. Pro c., p. 125 4-1 255, 1251;

publi sh ed an d e ff e c ti v e Se pt em be r 26, 196 3)

89 .03 D ut ie s of th e Dep artm en t of Air P ollution Con trol . (1 ) Th e

duti es of th e D irec to r, who sh all oe re sp o n si b le for th e ad m in is tr at io n
90 CLEAN AIR ACT AMENDMENTS OF 19 66

of a ir p o ll u ti o n co n tr o l in th e C ounty of M ilw au kee , in c lu d e w ithout 

li m it ati o n b e c a u se of en um era ti on:

(a ) T he in v e s ti g a ti o n of co m p la in ts and th e m ak in g of in s p e c ti o n s

*
CLEAN AIR ACT AMENDMENTS OF 19 66 91

and ob se rv ations of ai r po llu tio n co nd ition s.

(b) The is su an ce of pe rm its , ce rt if ic at es and no tice s under th is 

ord ina nce; the keeping of ap pl ic at io ns , sp ec ific at io ns, pl an s, perm its , 

ce rt ific at es , vi ol at io ns , co mplain ts, and othe r reco rds on file for de pa rtment pu rpos es only.

(c) The exam ina tio n of so much of the pl an s or sp ec ific at io ns for 

all new build ing s and for the altera tio n of all ex isting bu ild ings as may 

be ne ce ss ar y to as su re that the y are in ac co rd an ce with Se cti on 89.0 5 

and the rules and regu latio ns es ta blish ed by th is ordina nc e.

(d) The exam ina tion of the ap pl icatio n and pl an s or sp ec ific at io ns 

for the co ns tru ction, in st al la tion or alte ra tion of any pr oce ss or control 

equipment or any equ ipm ent or de vice pe rtaini ng th ereto, and, if found 

to meet the requ ire ments of the rules and re gu la tion s, the is su ance of an 

In stal la tion Perm it.

(e) The insp ec tio n of the in st al la tion of al l equip me nt for which 

a permit ha s bee n is su ed , and when found th at the work is comp leted in 

ac co rdan ce with the ru le s and re gu latio ns , the is su an ce of an Op era ting 

Perm it, and th er ea fter when opera tion is de mon str ated to comply with 

the pr ov isio ns of th is ordinance, the is su an ce of a C er tifica te of Operati on .

(f) The pu blication and di ssem ination of inform ation on metho ds 

of ai r po llu tio n reducti on.

(g) The en lis tm en t of the co -ope ratio n of ci vi c, te ch ni ca l, sc ie ntific and ed uc ationa l so cie ties.

(h) To in st itute nec es sa ry pr oc ee ding s to pr os ec ut e vi olations 

of th is ordinance and to compel the prev en tio n and abatem en t of the 

em iss ion of ai r po llut an ts and nu isan ce s ar isin g therefro m.

(2) The du ties of the Advisory Board sh al l includ e the following :

(a) To ac t as ad viso r to the Direc tor .

(b) To co ns id er and make rec om me ndations as to such ru le s and 

regu latio ns as may be pr es en ted by the Direc tor .

(c) To co ns id er and make recomm endations to the County Board 

of Su perviso rs on any matt ers deemed to be in the bes t in te re st of effe ctiv e ai r po llu tio n contr ol for Milwaukee County.

(3) The du ties of the Board of Ap pe als sh al l be as se t forth in 

Secti on 89.01 (5), 89.15 and 89.17 hereo f.

89.04 Es tabl ishm en t of Ru les and Reg ul atio ns . (1) The Direc tor 

is hereby au thorized and dire cted to pr ep are, with or witho ut the ad vice 

of the Advisory Board, and pr es en t to the County Board of Su perviso rs 

for co ns ideration, ru le s and regu latio ns for the in st allation and op eration 

of pr oc es s or control equ ipm ent and al l othe r de vic es su sc ep tibl e for 

us e in such a manner as to violate the pr ov isio ns of the ordina nc e; as 

to the kind of fue l to be us ed for va rio us type s of equ ipm ent; and as to 

ne ce ss ar y au xilia ry de vi ce s that aid in me eting the requ ire ments of this 

ordin ance. When adopted by the County Board, suc h rules and re gu la tion s 

sh all hav e the force and ef fe ct of an or dina nc e. The Cou nty Board of 

Su pe rviso rs, with or witho ut the recom mendation of the Di rector or the 

Adv isory Board, may from time to time al te r, ame nd, or re sc in d such ru les 

and re gu latio ns and pro mu lga te such ad ditio na l rules and regu la tion s
92 CLEAN AIR ACT AMENDMENTS OF 1966

as are deemed ad vi sa bl e. Such rules and re gu latio ns as may be prepare d, 

revise d, amend ed or re sc in de d sh al l be made ef fe ct iv e thirty da ys after 

their pu blication in the of fic ial ne wsp ap er of the County.

(2) Where referenc e is made in th is ordina nc e to the stan da rd s 

or reco mmended pra ct ic es of na tio na l t ec hn ic al so cie ti es or as so ci at io ns , 

such rules or regu latio ns sh al l form and be co ns id er ed an integr al part 

of the ordin ance in the sam e man ner and ex te nt as if fully rep rod uced 

therein. Not le ss than two co pies of such stan da rd s or reco mmended 

pr ac tice s of na tio na l tech ni ca l so cie ties and ass ocia tions sh al l be kept 

on fil e at all tim es in the offic e of the De par tment of Air Po llu tio n 

Contro l and sh al l be av ai la bl e for co ns ul tatio n by the pu blic.

89.05 In stallatio n Perm it, Op erati ng Perm it, and Certif icate, of 

Op era tion. (1) No pe rson sh all co ns truc t, in st all , re co ns truc t or alter 

any pro ce ss or contr ol equip me nt pe rtaini ng thereto, for which a fee is 

req uir ed under Secti on 89.10 , for us e within the cou nty un til an ap pl ic atio n, inc lud ing not le ss than two se ts of pla ns or sp ec ific at io ns , or both, 

of the pr oc es s or co ntrol equ ipm ent and stru ct ur es or bu ild ings used in 

connectio n therew ith , ha s been fil ed by the pe rso n or his ag en t in the 

off ice of, and ha s been appro ved by, the Di recto r and an In stal la tion 

Permit issu ed by him for su ch co ns truc tion , in st al la tion or alteratio n. 

All Ap plications for In st al la tion Pe rm its sh al l indica te whether any work 

has been done prior to se cu ring the In st al la tion Perm it.

(2) Th e above mentioned pl an s or sp ec ific at io ns sh al l show the 

form and dimen sio ns of the pr oc es s or contr ol equ ipm ent, toge ther with 

the de sc rip tio n and dimen sio ns of the building or pa rt thereof in which 

suc h pr oc es s or contr ol equ ipm ent is to be lo ca te d, includ ing the means 

pro vid ed for admitting the air for comb ustion pro cess es, the ch ar ac ter 

df the fuel to be us ed , the maximum qu antity of suc h fuel to be burned 

per hou r, the kin d and amount of raw m at er ia ls pr oc es se d, the expected 

air po llut an t em iss ion ra te , the op erating requ ire men ts, and the us e to 

be made of such pro ce ss or contr ol equip me nt sh al l be st at ed .

(3) Ma intenance or repa ir which do es not change the ca pa city of 

suc h pr oc es s or control equ ipm ent and which do es not invo lve any chang e 

in the method of pr oc es sing or af fe ct the em iss ion of ai r po llut an ts 

therefro m, may be made witho ut an In st al la tion Perm it.

(4) An emerg enc y repa ir othe r tha n as sp ec ifie d in su b- se ction 

(3) of th is se ct io n may be made prior to the ap pl icatio n for an In st al la ­

tion Perm it if ser io us co ns eq ue nc es may re su lt if the repa ir were defer red . 

When such re pa ir is made, the perso n concerned sh al l notify the Direc tor 

on the fi rs t bus in es s day after the emerg enc y occu rre d and fil e an 

ap plication for an In stal la tion Perm it if d irec te d to do so by the Direc tor .

(5) Where work is begun in violation of In stal la tion Perm it requ ire ­

men ts, the Dire ctor may gra nt such perm it, co nd iti on al upon rem oval of al l 

faulty work. Th e In st al la tion Pe rm it fee sh al l be doubled in suc h ca se s.

(6) An ap plication sh al l be appro ved or re je ct ed within ten days 

after it is fil ed in the offic e of the Direc tor . Upon the appro val of the 

ap plication and upon the paym ent of the pr es cr ib ed fe es , the Direc tor 

sh al l is su e a perm it for the co ns tru ction, in st al la tion, or altera tio n of 

suc h pro ce ss or contr ol equip me nt. Fai lu re to app rov e the ap plication
CLEAN AIR ACT AMENDMENTS OF I9 60 93

with in ten da ys sh all be de em ed a re je cti on.

(7) No co nst ru ct io n, in sta ll ati o n , re const ru cti on, or alt era ti on 

sh all be ma de wh ich is no t in ac co rd an ce with th e p la n s, sp e cif ic ati o n s, 

and ot he r pert in ent info rm ation upon whic h th e In sta ll ati o n Per m it was 

is su ed w ith ou t th e w ritten ap pr ov al of th e D irec to r.

(8) V io la tion of th e In sta ll ati o n Per m it sh a ll be su ff ic ie n t cause 

for the D irec to r to st op all wo rk, an d he is he re by au th ori ze d to se al 

the in sta ll ati o n . No fu rthe r work sh all be do ne unti l th e D ir ec to r is 

ass ure d th at th e co nd itio n in ques tion w ill be co rr ec te d an d th at th e 

work w ill pro ce ed in ac co rd an ce with th e In sta ll ati o n Per m it.

(9) No per so n sh all vio la te th e se a l on any pro cess or co nt ro l 

eq uipm en t th at ha s be en seale d at th e dir ec ti on of th e D irec to r un le ss 

au th or iz ed by th e D irec to r in writin g to do so .

(10 ) If co nst ru cti on, in sta ll ati o n , re const ru cti on or alt era ti o n s is 

no t st art ed w ith in on e yea r of th e date of th e In st all ati o n Per m it, the 

pe rm it sh all be co me vo id and all fe es sh all be fo rf ei te d, u n le ss an 

ex te nsi on of tim e is w ar ra nt ed an d gra nt ed by th e D irec to r.

(11 ) No per so n sh all oper at e or cau se to be oper at ed an y new or 

al te re d p ro ce ss or co nt ro l eq ui pm en t or any eq ui pm en t pert ain in g th er et o 

for wh ich an In st all ati o n Per m it was re qu ired or was is s u e d until an 

in sp ect io n has be en ma de by th e D irec to r an d an O pe ra ting Per m it is 

is su ed . Th e per so n re sp onsi ble for the in sta ll a ti o n , co nst ru cti on or 

al te ra ti on of any p ro ce ss or co nt ro l eq ui pm en t for which In st all ati o n 

Pe rm it is re qu ired , sh a ll no tif y th e D irec to r wh en th e work is co m pl eted 

and re ad y for fi na l in sp ecti on. An O pe ra ting Per m it may be is su e d in 

ac co rd an ce with th is su b-s ec ti on upo n pa ym en t of fe es, a s re qui re d in 

Se ctio n 89 .10 for exis ti ng p ro ce ss or co nt ro l eq ui pm en t whe re su ch 

eq ui pm en t, re la te d hea t ab so rb in g eq ui pm en t, ap purt enan ces or c la ss of 

fuel us ed or to be use d, ar e found to be a t var ia nce with th e re qui re ­

m en ts of Sec tion 89 .06 or 89 .0 9. Th e D irec to r is he re by au th ori ze d to 

se al the eq ui pm en t in op er at io n for which an O pe ra ting Per m it w as not 

obt ai ne d as re qu ir ed in th is or di na nc e.

(12) Afte r th e O pe ra ting Per m it has be en is su e d and it is demo nst ra te d to th e sa ti sfa c ti o n of .th e D irec to r th at th e p ro ce ss or co nt ro l 

eq uipm en t ca n be ope ra te d in co m pl ia nc e with th is ord in an ce, a C ert ifi cate of O pe ra tio n sh all be is su ed by the D irec to r. Sa id C ert if ic ate of 

Ope ratio n sh a ll be kep t post ed on or near th e in sta ll ati o n for which it 

w as is su ed . The C ert if ic ate of Ope ra tio n sh all pr op er ly id entify th e 

eq ui pm en t to which it p ert a in s an d sh all sp eci fy th e c la ss of fu el , type 

of raw m ate ri als use d, if an y, for which th e eq ui pm en t an d ap purt enan ces 

ha ve be en des ig ned or which has be en su c ce ssfu ll y use d in th e oper at in g 

te st. F ail ure to oper at e su c ce ssfu ll y un de r te s t w ith in th e li m it ati ons 

and re qu irem en ts of the O rd in an ce un de r an O pe ra ting Per m it sh all co nsti tu te su ff ic ie nt gr ou nd s for or de ring ch anges in th e p ro ce ss or co nt ro l 

eq ui pm en t or appurt enan ces be fo re a C e rt if ic a te of O pe ra tion ca n be 

gr an te d. R esp onsi bil it y for proo f, an d al l ex p en se s in cu rr ed in ru nn ing 

th e te s ts un de r th e O pe ra ting Per m it sh all be bo rne by th e per so n ow ning , 

op er at in g or in ch ar ge of co nt ro l of su ch eq ui pm en t, or th eir agents . 

Th e D irec tp r ma y, if in h is op in io n th e nat ure of th e p ro ce ss or co nt ro l 

eq uipm en t an d it s appurt enan ces in co nsi dera ti on of th e u se to which it
94 CLEAN AIR ACT AMENDMENTS OF 19 66

is to be pu t so ju sti fi e s, w ai ve th e de m on st ra tion or te s t ope ra tion 

un der th e O pe ra ting Per m it, bu t su ch w ai ve r sh all in no man ne r pr ov ide 

imm unity from pro se cu tion for vio la ti ons of th e re qu irem en ts of Se ct io n 

89.11 of th e ord in an ce s. When a C ert if ic ate of Ope ra tio n is re fu se d, th e 

D irec to r is au th or iz ed to seal th e pro cess or co nt ro l eq ui pm en t un til 

the pe rs on re qu ired to pr oc ur e th e C ert if ic ate of O pe ra tio n sh all ha ve 

co m plied with th e pro vis io ns of th is ord in an ce .

(13) Th e is su an ce by th e D irec to r of any In st all ati on Per m it, 

Ope ra tin g Pe rm it, or C ert if ic ate of O pe ra tio n sh all not be he ld to ex em pt 

the pe rs on to whom the pe rm it or ce rt if ic a te w as is su ed or who is in 

p o sse ssio n of the sa m e, from pro se cuti on for the em is si on of ai r poll uta nts pro hi bited by th is ord in an ce .

(14 ) Th e pro vis io ns of th is se cti on sh all no t ap ply to lo co m ot iv es 

or st eam sh ip s.

(8 9.05 (1) re pe ale d & re cr ea te d Ju ly 21, 1964 J. Pr oc ., p. 1132-

1134, 1139; publi sh ed & e ff e c ti v e July 30, 1964,

89 .03 (fo rm er se cti on (1 3) ) re pea le d J uly 21, 1964 J. Pro c., p. 1132-

1134, 1139; publi shed & e ff e c ti v e July 30, 1964.

89 .03 (13 ), (14) re nu mbe re d re sp ecti vely from se cti o n s (14 ), (13)

Ju ly 21, 1964 J. Pr oc., p. 1132-1134, 1139; publi sh ed & eff ec ti v e Ju ly

30, 1964)

89 .06 Sale, U se , or Co ns um ption of Cer ta in F uels . (1 ) Th e sa le , 

de liver y for use , or use w ith in th e Co un ty of so li d fu el for ha nd -fired 

eq uipm en t which is no t a ce rt if ie d so li d fu el is pr oh ib ited .

(2) So lid fu el which is no t a cert if ie d so lid fu el ca n be use d only 

in ap pr ov ed m ec han ic al fu el -b ur ni ng eq ui pm en t.

(3) Ea ch pe rs on se ll in g v o la ti le so li d fuel for use in the Co un ty 

sh al l fu rn ish the bu ye r with a bil l of sa le or de live ry sli p on which is 

pla in ly re co rd ed th e da te of del iv er y, th e nam e of the se ll e r, th e nam e of 

th e bu yer, th e qua nt ity del iv er ed , an d, if th e fu el is cert if ie d so lid fu el, 

a st ate m en t to th at ef fe ct.

(4) Th e pr ovis io ns of th is se cti o n sh all no t ap ply to st eam sh ip s.

89 .07 Fu el Sho rta ge E merge nc y. Wh ene ver the D irec to r sh all 

rec om me nd to th e Co un ty Bo ard th at an em erge nc y si tu ati on e x is ts w he re ­

by, because of the sh or ta ge of cert if ie d so li d fue l or ot he r fu els , th er e 

is lik el ih oo d th at th e pro vis io ns of Sec tion 89 .0 6 ca nn ot be co mplied 

with by su ppli ers of and ve nd or s of su ch fu el in the Co un ty du rin g a 

cert ain pe riod , or it is no t p o ssib le to op er at e with in th e pro vis io ns of 

Sec tion 89 .1 1, th e Co un ty Bo ard of Sup er vi so rs , upon be in g sa ti sfi e d 

th at su ch em erge nc y does in fa c t ex is t, may dec la re th e ex is te n ce of 

an em erge nc y pe riod or waive th e lim it ati ons of Sec tion s 89 .06 and 

89 .11 for th e same per io d.

89 .08 Re po rti ng of S al es an d P u rc h ase s. (1) It sh all be th e du ty 

of al l per so ns en ga ge d in th e b u sin e ss of se ll in g pro cess or co nt ro l 

eq uipm en t to re po rt to th e D ir ec to r in ac co rd an ce with ru le s and re gula ­

tions ad op te d th e sa le of su ch eq ui pm en t to be in sta ll ed with in the 

Co un ty of Milw au ke e; and it sh all be th e du ty of ev er y per so n pu rc ha si ng
CLEAN AIR ACT AMENDMENTS OF 19 66 95

any of sa id equ ipm ent to giv e to the se ller a statem en t in wr iting sign ed 

by such pu rcha se r or his duly au thorized ag en t se ttin g forth the co rrec t 

st re et and house number ad dr es s of the build ing in which such equip me nt 

is to be in st al le d. The rep ort he rein req uir ed sh al l be in writin g and 

sh all be de liv er ed by the se ller to the Direc tor within seven da ys after 

suc h sa le , ahd sh al l co ntain the nam e and ad dr es s of the pu rc ha se r and 

the loca tio n of the bu ild ing in which such equip me nt is to be in st al le d 

or us ed .

(2) For the pu rpose of ob taining fa ct s with re sp ec t to the complianc e with th is se ct io n, the Dire ctor is hereb y au thorized to demand and 

sh al l be furnish ed with a true and co rrec t rep ort at any time sho wing in 

de ta il the equ ipm ent so ld , and the nam es and ad dre ss es of the pe rson s 

pu rcha sin g sa id equip me nt, to ge th er with the ad dre ss es of the bu ildi ng s 

in which such equ ipm ent is to be in st al le d.

(3) Any pe rson violating any of the pr ov isions of th is se ct io n or 

making any fa lse statem en t or repo rt in conn ec tio n with the sa le of any 

equ ipm ent me ntioned in th is se ct io n sh al l be su bj ec t to the fin es and 

pen al ties he re inaf ter pro vid ed.

(4) The pr ov isio ns of th is se ction sh al l not apply to who lesa le 

tr an sa ct io ns made for the pu rp os e of re sa le .

89.09 Equ ipm ent. (1) All so lid fue l-b urn ing equip me nt sh al l be 

equip ped for mechanical firing with a stok er , pu lverized fuel burner, or 

othe r app rov ed dev ic e, or a ce rtifie d so lid fuel sh al l be us ed .

(2) All in st allations, ex ce pt in g sta nd-by equ ipm ent pl ac ed in us e 

in an emergenc y and us ed for a pe rio d or ag greg ate of pe rio ds of not to 

ex ce ed 10% of any one ye ar, using pu lverized fuel bu rners, sp read er 

typ e st ok er s, or other simila r so lid fuel susp en sio n-bu rning type of 

equip me nt, sh all be provide d with appro ved du st-s ep ar at in g equ ipm ent. 

Th e Direc tor sh al l be no tif ied of such eme rgency within twelv e hours 

after the happ en ing the reof.

(3) The pr ov isions of th is se ct io n sh al l not apply to stea m sh ip s.

(4) Where ex isting pr oc es s or contr ol equ ipm ent co ve red by the 

pr ov isio ns of the ordina nc e are found by te sts to be in ca pa bl e of operation within the lim ita tio ns and requ ire men ts sp ec ifie d in Se ction 89.11 , 

ch an ge s sh all be made in such equip me nt, ap pa ratus, de vi ce s or stru ctu re s in ac co rdan ce with orde rs is su ed by the Direc tor , su bj ec t to ap pe al 

as pro vid ed for in Section 89.17 .

89.09 5 Suitable Pro ce ss or Control Equipment and Fue ls . (1) Ail

pro ce ss or control equip ment re la te d he at-abs or bing equip me nt, appurte na nc es , fu els or raw m at er ia ls us ed or to be us ed sh all be su itab le 

under opera tin g co nd iti on s for co mplianc e with req uir em ents of Section

89.11.

(2) Where pro ce ss or co ntrol equip me nt, related he at-abs or bing 

equ ipm ent, ap pu rten an ce s, fuel or raw m at er ia ls are found to be un su itable for law ful opera tio n within the lim ita tio ns pr es cr ib ed in Secti on

89. 11, the Direc tor may order ch an ge s to be made in suc h equip me nt, 

ap pu rte na nc es, fuel or raw m at er ia ls as may be ne ce ss ar y to se cu re , 

under operating co nd iti on s, co mplianc e with requ ire ments of sa id Se ction 

89.11 irre sp ec tive of comp lia nce with the req uir em ents of Se ction 89. 06
96 CLEAN AIR ACT AMENDMENTS OF 19 66

and 89.09. The ob se rv ation of thre e vi ol atio ns of Se cti on 89.11 in any 

co ns ec ut iv e twe lve-month pe rio d sh al l be deem ed su fficient ca us e for 

findin g such equip me nt, ap pu rten an ce s, fuel or raw materials un su itab le 

as he reinab ov e sp ec ifie d, and for the making of suc h order. Any pe rson , 

upon rece ipt of an order requ iring such ch an ge s to be made, sh al l forthwith notify the Direc tor wh at perio d of time is needed to com ply with 

suc h order and sh al l sub mit pl an s and sp ec ific at io ns in dica tin g the work 

to be done or sp ec ific at io ns of the fuel and raw m ater ials to be us ed . 

Where require d, an In stal la tion Pe rm it, Op erating Perm it, and C er tifica te 

of Op erati on sh al l be se cu re d in ac co rd an ce with Secti on 89.0 5.

(89.095 (3), (4) repealed July 21, 1964 J. Proc., p. 1132-1134, 1139;

published & effe ctiv e July 30, 1964)

89.10 Fees. (1) The follow ing fee sc he du le sh al l apply to all 

new , reco ns tru cted or al te re d co mbustion pro ce ss equ ipm ent in st al le d in 

Milwaukee County. Th is is the to ta l fee to be charg ed for an In stal la tion 

Perm it, Op era tin g Perm it and C er tifica te of Opera tion as req uired in 

Section 89.05 .

( See atta ch ed ai r po llu tio n fee sc he du le)

(2) Upon re ce ip t of a written re qu es t for any pe rson s for qu an tita ­

tiv e and qu al itat iv e te sts of em ission s to the open air from any source 

for which suc h pe rso n is re sp on sibl e u nder the pr ov isio ns of the ordinance, 

the Direc tor may au thorize and arrang e for such te sts to be cond uc ted at 

the ex pe ns e of such pe rson by qu alified em plo yees of the Depar tment of 

Air Po llu tio n Contro l. An es tim at e of co st sh al l firs t be subm itted to the 

pe rso n making the requ est, st ating the ch arge s pe r day of the fie ld te st 

party and for other lab oratory and offic e work which may be ne ce ss ar y. 

Upon writte n appro val of the re qu es ting pe rso n to the terms and amount 

of the estim ated co st s, the te sts may proc ee d, pro vid ed sa fe and su itable fa cil it ie s for access to the te st lo ca tio n have bee n provide d by the 

perso n requ es tin g such te s t work. Sc affoldings sh al l conform to the 

req uir em ents of Ch apter 35 - Sa fety in Con stru ction” of the Indu str ial 

Com mission Co des of the St ate of Wisconsin. The charg e sh al l be compu ted on the bas is of ac tu al cost s for lab or, m ater ials and su itab le 

allowan ce for d ep reciation to equip me nt and ap pa ra tu s.

(3) Th e follow ing fee sc he du le sh al l app ly to all new, reco nstru ct ed or al te re d in ci ne ra to r equip me nt in st all ed in Milwauke e County. 

The to ta l fee to be charg ed for an In st al la tion Permit, Op era ting Pe rm it, 

and C er tifica te of Op erati on requ ire d by Se ction 89.0 5 sh al l be $1.00 pe r 

sq. ft., or any ad ditio na l fra ction th ereo f, of com bined gr ate and hearth 

ar ea with a minimum fee of $2.00 and a maximum fee of $10 0.00.
(89.10 Am end ed July 21. 1964 J Proc.. p. 1132 J1 34. 1/39. pu blishe d &

ef fe ct iv e Ju ly 30. 1964) AIR PO LLUT ION FEE SCHEDULE FOR COMBUSTION PROCESSES (B as ed on Maximum Ho url y F uel Co ns um pt io n) R E F E R E N C E T A B L E Boiler Ft. 

2 Steam

Foun ds of Gallons Ft. 

3 of Natural Registration Horsepower* Radiation** Btu/Ilour

Coal or Coke of Oil or LP Gas or Permit Fee (Developed) (FDR) x 1000 Input

33 to 50 3 3 to 5.0 501 to ” 50 $ 10 00 12 0 to 18 0 1.5 00 to 2. 30 0 501 to 750

51 to 120 5 1I to 12.0 '5 1 to 1 800 15 00 18 1 to 43 0 2.3 01 to 5.40 0 751 to 1.8 00

121 to 400 12 1 to 40 0 1 801 to 6. 00 0 20 00 43 1 to 140 0 5.4 01 to 18 ,000 1.80 1 to 6,0 00

401 to 800 40 1 to 80 0 6 001 to 12 000 30 00 141 to 290 18 001 to 36 ,000 6,00 1 to 12 ,000

SOI to 1 200 80 1 to 120 0 12 001 to 18 000 35 00 291 to 430 36 001 to 54 .000 12,001 to 18 ,000

1 201 to 4 00 0 120 1 to 400 0 18 001 to 60 .0 00 40 00 431 to 1 400 54 001 to 18 0,00 0 18 001 to 60 ,0 00

4 001 to 6.5 00 400 1 to 65 0 0 60 .0 01 to 9 "

s 00 50 .00 1,401 to 2. 30 0 180 001 to 29 0. 00 0 60 .001 to 97,5 00

6 501 to 12 00 0 65 0. 1 to 12 00 .0 9 ” 501 to 180 000 75 00 2.3 01 to 4.30 0 29 0.00 1 to 54 0. 00 0 97 ,501 to 18 0,00 0

12.001 to 40 00 0 1200. 1 to 40 00 .0 180 001 to 60 0, 00 0 100 00 4 301 to 16 .000 54 0.00 1 to 1 800 000 180 001 to 600,0 00

O ver 40 00 0 O ve r 4000 0 Ov er 60 0 000 150 00 O ve r 16 .000 O ve r 1.8 00 .0 00 Ove r 60 0.0 00

CLEAN AIR ACT AMENDMENTS OF 1966 * - Ap prox 80% B oi le r E ff ic ie ncy ** - Ap pro x. 72% O ve ra ll The rm al E ff ic ie ncy (B oi le r an d Lin e L o ss) EXEMPTIONS:

1 D w ellin g un it s le ss th an 4-f am ilie s ar e ex em pted .

Com bi na tio n re sid e n ti a l an d co m m er ic al in sta ll a ti o n s sh all 

be go ve rn ed by th is fe e sc hedule .

2. T his fe e sc h ed u le does no t ap pl y to in cin era to rs .

CO•vj
98 CLEAN AIR ACT AMENDMENTS OF 19 66

89 .11 L im it s of E m is sio n and Stan da rd s of Mea su re men t. (1) IN

GE NE RA L, (a) Ordinary Op eration. No pe rs on sh all cause , su ffer , or 

allow to be em itt ed in to th e op en air from any st ack or ch im ne y, pro cess 

or co nt ro l eq ui pm en t, in te rn al co m bu stio n en gi ne , pre m is es , open fir e, 

or any ot he r so urc e, sm oke th e sh ade or densit y of which is eq ua l to or 

gre at er than No. 2 of th e Ri ng elman n Cha rt, or of such opa ci ty a s to 

ob sc ur e an obse rv er’s view to a de gr ee eq ua l to or gre at er tha n do es 

smoke of No. 2 Ri ng elm ann densit y, ex cep t th at sm oke the sh ad e, den si ty 

or op ac ity of which is eq ua l to bu t does no t ex ce ed No. 2 of th e R in ge lmann Cha rt may be em itte d for a pe riod or pe ri ods of no t to ex ce ed two 

minutes in any th irty -m in ut e pe ri od an d ex cep t wh en the fire-bo x is be ing 

cl ea ned ou t or a new fire is be in g bu ilt th ere in , or when a break-do wn of 

eq uipm en t occ urs su ch as to mak e it ev id en t th at the em is si on w as no t
CLEAN AIR ACT AMENDMENTS OF 19 66 99

re as onab ly pre venta ble .

(b) Cle an -O ut s; Ne w Fires . When th e fire -b ox is be ing cl eaned 

cle aned ou t or a new fire is be in g bu ilt th ere in , sm ok e th e sh ad e or 

den si ty of which is eq ua l to bu t doe s no t ex cee d No . 2 of th e Ri ng elm an n 

Ch art, or of su ch opac ity as to obsc ure an o b se rv er’s vie w to a de gr ee 

eq ua l to but doe s no t ex ce ed sm oke of No. 2 Ri ng elm an n densi ty , may 

be em itt ed in to th e open air for a per io d or ag gre gat e of per io ds no t 

ex ce ed in g ni ne m in ut es in any on e hour; or sm ok e of un lim ited sh ad e, 

de nsi ty or opac ity may be em itt ed in to th e op en air for a per io d or 

ag gre gat e of pe ri ods no t ex ce ed in g five m in ut es in any on e ho ur. Th e 

em is si on of sm ok e pe rm itte d in th is pa ra gr ap h (b ) sh all be in th e alt ernat iv e and no t cu m ul at iv e. No pe rs on sh all cau se , su ff er , or allow to be 

em itt ed in to th e op en ai r du rin g th e cl ea nin g out of a fire-b ox or th e 

bu ild in g of a new fire th er ei n, sm ok e th e sh ade, densit y or opac ity of 

which ex cee ds th e lim its pe rm itte d by th e pro vis io ns of th is pa ra gr ap h 

(b), nor for a lo ng er p er io d tha n he re in pe rm itte d.

(c ) E xc ep ti ons. Th e pro vis io ns of par agra phs (a ) an d (b) of th is 

su bse ct io n (1) sh all no t ap ply to ra il ro ad lo co m otives in or re ad y for 

se rv ic e nor to st eam sh ip s.

(2) LOCO MO TIV ES, (a) In or Rea dy for Se rv ic e. Smoke th e sh ad e, 

de ns ity or op ac ity of wh ich is un lim ited may be em itte d in to th e op en 

ai r from any ra il ro ad lo co m ot iv e in or read y for se rv ic e for a per io d or 

ag gre gat e of per io ds no t to ex ce ed fo rty- five se co nds in any th re emi nu te pe riod . Du rin g th e re m ai nd er of su ch th re e- m in ut e pe riod , sm oke 

the sh ade or den si ty of whic h is eq ua l to but does no t excee d No. 2 of 

the Ri ng elm an n Cha rt, or of su ch opac ity as to obsc ure an o b se rv er’ s 

vie w to a d eg re e eq ua l to bu t do es no t ex cee d sm ok e of No . 2 Ri ng elman n 

den si ty , may be em itte d. No pe rs on sh all cau se , su ff er or allo w to be 

em itt ed in to th e op en ai r from any ra il ro ad lo co m ot iv e in or re ad y for 

se rv ic e, sm ok e th e sh ad e, den si ty or opac it y of whi ch exceeds th e lim its 

pe rm itte d by th e pro vis io ns of th is pa ra gr ap h (a), no r for a lo ng er pe riod 

than he re in pe rm itte d, ex ce pt when a br ea k-do wn of eq ui pm en t occ urs 

su ch as to ma ke it ev id en t th at th e em is si on w as no t re aso nab ly pre ­

ven ta bl e.

(b) Clean -O ut s; Ne w Fi res; D ie sel Star tup. When a fire-b ox is 

be ing cle aned ou t or a die se l lo co m ot iv e is fi rs t sta rt ed up or a d ie sel 

lo co m ot iv e whic h has been id ling ov er a pe ri od of on e sh if t is put back 

in to use or a new fire is be ing bu ilt in a ra il ro ad lo co m ot iv e, sm oke the 

sh ad e or den si ty of wh ich is eq ua l to bu t no t gre ate r th an No. 2 of the 

Ri ng elm ann Cha rt, or of su ch opac ity as to obsc ure an o b se rv er’s vie w 

to a de gr ee eq ua l to but no t gre ate r th an sm ok e of No. 2 Ri ng elman n 

de nsi ty , may be em itte d into th e op en air for a pe riod or ag gre gat e of 

pe riod s no t to ex ce ed ni ne m in ut es in any on e ho ur; or sm ok e th e sh ad e, 

de nsi ty or opac ity of which is un lim ited may be em itte d in to th e open 

ai r for a pe riod or ag gr eg at e of per io ds no t ex cee din g five m in ut es in 

any on e ho ur. Em is si on of sm oke as per m itte d by th e pro vis io ns of th is 

pa ra gr ap h (b) sh all be in th e alt ern ati ve an d no t cu m ula tive. No pe rs on 

sh all cause , su ff er or allo w to be em itte d in to th e op en ai r from any 

ra ilro ad lo co m ot iv e w hi le th e fir e- bo x th ere of is be in g cle aned out or 

a d ie sel lo co m ot iv e is fi rs t st art ed up or a d ie sel lo co m ot iv e wh ich has
100 CLEAN AIR ACT AMENDMENTS OF 19 66

been id li ng ov er a pe riod of on e sh if t is put ba ck into use or a new fire 

is be in g buil t th er ei n, sm ok e th e sh ad e, densit y or opac it y of wh ich 

ex cee ds th e li m its per m itte d by th is par ag ra ph (b), no r for lo ng er per io ds 

than her ei n pe rm itted.

(3) STEAMS HIP S, (a ) When Nav ig ating or Man euverin g. A st ea m ­

sh ip w hi le nav ig at in g or m an eu ve rin g in th e Co un ty in si d e th e Milw au kee 

Bay br ea kw at er may em it in to th e op en air sm oke th e sh ade, den si ty or 

opac ity of wh ich is unl im ited for a pe ri od or per io ds ag gr eg at in g no t 

more th an th re e m in ut es in any fiftee n- m in ut e pe riod . Du rin g the re ­

m aind er of su ch fiftee n- m in ute pe riod , sm ok e th e sh ad e or den si ty of 

wh ich is le s s than No. 2 of the Ri ng elman n Cha rt, or of su ch opac ity as 

to ob sc ure an obse rv er’s vie w to a de gr ee le s s th an does sm oke of No. 2 

Ri ng elm an n den si ty , may be em itte d. No st eam sh ip sh all em it an d no 

pe rs on sh all ca use , su ff er , or allow to be em itte d in to th e op en ai r from 

any st eam sh ip si tu ate d as he re in ab ove se t fo rth , sm ok e th e sh ad e, 

den si ty or opac ity of whic h exceeds th e lim it s per m itte d by th is para ­

gra ph (a ), nor for lo ng er p er io ds than her ein pe rm itte d.

(b) Ste am sh ip s Docked. When any st eam sh ip is do ck ed with in the 

Co un ty, excep t as her ein af te r pr ov id ed in par ag ra phs (c ), (d), and (e) 

of th is su bse cti on (3), it may em it sm ok e th e sh ad e or den si ty of wh ich 

is le s s tha n No. 2 of th e Ri ng elman n Cha rt, or of su ch opa ci ty as to 

ob sc ur e an obse rv er’ s vie w to a deg re e le s s th an does sm ok e of No . 2 

Ring elm ann densi ty , except th at du rin g th e la s t fi ft ee n m in ut es be fore 

su ch st eam sh ip le av es su ch do ck , su ch st eam sh ip may em it sm ok e the 

sh ad e or den si ty of which does no t ex ce ed No . 3 of th e Rin ge lm an n Ch art, 

or of su ch op ac ity as to obsc ure an obse rv er’ s vie w to a de gr ee gre ate r 

tha n does sm ok e of No. 3 Ri ng elman n densi ty , for a pe riod or ag gre gat e 

of per io ds no t to ex ce ed th re e m in ut es ; bu t pr ov id ed , fu rthe r, th at su ch 

pe rm itte d em is si on sh all no t be cu m ul at iv e to th e em is si on pe rm itted 

by pa ra gr ap h (d) of th is su bse cti on. No st eam sh ip sh all em it, an d no 

per so n sh all ca use , su ff er or allo w to be em itte d in to th e op en ai r from 

any st eam sh ip sit u ate d a s her ei na bo ve se t fo rth , sm ok e th e sh ad e, 

den si ty or op ac ity of which ex cee ds th e lim it s pe rm itte d by th is p ara ­

gra ph (b ), nor for lo nger per io ds tha n he re in pe rm itte d.

(c ) Se lf-U nl oa di ng St ea m sh ip s. S te am sh ip s eq ui pp ed with se lf ­

un lo ad in g m ac hi ne ry which is oper ate d by po wer from the ma in po wer 

pla At of su ch st eam sh ip ma y, whi le do ck ed in th e Co un ty an d while su ch 

se lf -u nlo ad in g m ac hi ne ry is actu all y an d n ec essari ly oper at in g in the 

dis char ge of ca rg o, em it sm ok e th e sh ad e, densi ty or opac ity of wh ich 

is un lim ited for th re e m in ut es in any tw el ve -m in ut e per io d. Du ring the 

re m ai nd er of su ch tw el ve -m in ut e pe riod , su ch st eam sh ip so eq ui pp ed and 

whi le so oper at ed may em it sm ok e the sh ad e or den si ty of wh ich is le ss 

tha n No. 2 of th e Ri ng elman n Cha rt, or of su ch opa ci ty as to obsc ure an 

obse rv er’s vie w to a de gre e le ss than does sm ok e of No. 2 Ri ng elm an n 

den si ty . No st eam sh ip so eq ui pp ed an d w hi le so oper ate d sh all em it 

an d no per so n sh all cause , su ff er or allow to be em itte d in to th e op en 

ai r from su ch st eam sh ip sm ok e th e sh ade, den si ty or opac it y of wh ich 

ex cee ds th e li m it s per m itte d by th e pro vis io ns of th is pa ra gr ap h.

(d ) Cle an -O ut s; Ne w Fi re s. When a fire-b ox is be in g cl ea ned ou t 

or a new fire is be ing built th er ei n in a st eam sh ip or tu g- bo at , or su ch
CLEAN AIR ACT AMENDMENTS OF 19 66 101

st ea m sh ip or tu g- bo at is un de rg oing in sp ecti on by a Ma rin e In sp ecto r in 

ac co rd an ce with re gula tions of the U ni te d S ta te s C o ast Gua rd, su ch 

stea m sh ip or tu g- bo at may em it in to th e op en air sm ok e th e sh ade or 

den si ty of wh ich is eq ua l to No. 2 of th e Ri ng elm an n C ha rt or le s s , or 

of su ch op ac ity as to obsc ure an o b se rv er’s view to a deg re e eq ua l to 

or le s s tha n doe s sm oke of No. 2 Ringe lm an n densi ty , for a per io d or 

ag gre gat e of per io ds of no t to ex ce ed nin e m in ute s in any one ho ur, or 

smoke the sh ad e, den si ty or op ac ity of whic h is unlim ited for a pe riod 

or ag gr eg at e of per io ds of no t to ex ce ed five m in ut es in any on e hour. 

Th e em is si on of sm oke pe rm itte d in th is pa ra gra ph (d) sh all be in th e 

alt ern ati ve and no t cu m ul at iv e. No st eam sh ip sh all em it an d no pe rs on 

sh all cause , su ff er or allo w to be em itte d in to th e op en air from any 

st ea m sh ip w hi le its fir e- bo x is be ing cle aned ou t or a new fire is be ing 

bu ilt th er ei n, or sa id marine in sp ecto r’s in sp ecti on is be in g ma de, sm oke 

the sh ad e, den si ty or op ac ity of wh ich ex ceeds th e lim it s pe rm itte d by 

th e pro vis io ns of th is pa ra gr ap h, nor for lo ng er per io ds of tim e than is 

he re in pe rm itte d.

(e ) Exe m pt io ns ; D is tr ess Op eration ; F ir st Ann ua l En try Into

M ilw au ke e Harbor. Th e pro vis io ns of th is su bse cti on (3) sh all no t apply 

to a st eam sh ip which is nav ig at ed or m an eu ve re d in th e Co un ty for the 

so le pu rp os e of fin ding pr ot ec tion from unsa fe co ndit io ns of nav ig at io n, 

pr ov id ed th at wh en su ch unsa fe co nditio ns c e a se , su ch st ea m sh ip sh al l 

at on ce beco me su b je ct to th e pro vis io ns of sa id su bse cti on. Th e provis io ns of th is su bse cti on (3) sh all no t ap pl y to a st eam sh ip mak ing it s 

fi rs t call at th e P ort of Milw au kee in any cale ndar ye ar .

(4) TU G-BO AT S, (a ) Nav ig at in g or M an eu ve rin g Un der Own

Power. A tu g- bo at , whi le na vi ga ting or m an eu ve ring un de r it s own powe r 

in th e Co unty in si de th e Milw au kee Bay br ea kw at er an d no t en ga ge d in 

tow ing a st eam sh ip may em it in to th e op en air sm ok e th e sh ad e, de ns ity 

or op ac ity of whic h is un lim ited for a pe riod or per io ds ag gr eg at in g no t 

more than th re e m in ut es in any fiftee n- m in ut e pe riod . Du rin g the remainder of su ch fiftee n- m in ut e pe riod , sm oke th e sh ade or den si ty of wh ich 

is le ss than No. 2 of th e Ri ng elman n Cha rt, or of su ch opac ity as to 

obs cu re an obse rv er’ s view to a de gr ee le s s th an does sm ok e of No. 2 

Ri ng elm ann den si ty , may be em itt ed . No tu g- bo at sh all em it an d no 

per so ns sh all cause , su ff er or allow to be em itte d in to th e op en air from 

any tu g- bo at si tu ate d as he re in ab ov e se t forth sm ok e th e sh ade, den si ty 

or opac ity of which ex cee ds th e lim its per m itte d by th is pa ra gr ap h (a), 

nor for lo ng er pe ri ods than he re in pe rm itte d.

(b) When To wing St ea m sh ip s. When a tu g-b oa t is towing a st ea m ­

sh ip with in the Co un ty in si d e the Milw au kee Bay bre ak w at er , it may 

em it sm oke th e sh ad e, den si ty or opac ity of which is unl im ited for a 

pe riod or per io ds no t ex ce ed in g th re e m in ut es in any tw el ve -m in ut e 

pe riod , an d du rin g th e re m ai nd er of su ch tw el ve -m in ut e per io d sm ok e 

the sh ad e or den si ty of wh ich is le ss than No. 2 of th e Ri ng elman n Cha rt, 

or of su ch op ac ity as to obsc ure an obse rv er’s vie w to a deg re e le s s 

tha n do es sm oke of No . 2 Ri ng elm ann d ensit y, may be em it te d. No tu gbo at sh al l em it and no pe rs on sh all cause , su ff er or allo w to be em itte d 

Into th e open air from any tu g- bo at sit u ate d as her ei nab ove s e t forth
102 CLEAN AIR ACT AMENDMENTS OF 19 66

sm oke th e sh ad e, den si ty or op ac ity of wh ich exceeds th e li m its per ­

mitt ed by th is pa ra gr ap h (b ), nor for lo ng er per io ds than he re in pe rm itted.

(c ) Wh ile Do cked. A tu g- bo at whi le do ck ed in th e Co un ty of Milwau ke e in si de th e Milw au ke e Bay br ea kw at er may em it in to th e open ai r 

smoke th e sh ad e, de nsi ty or op ac ity of which is unl im ited for a pe riod 

or per io ds ag gr eg at in g no t mo re than th re e m in ut es in any fiftee n- m in ut e 

pe rio d. Du rin g the re m ai nd er of su ch fiftee n- m in ut e pe riod sm oke the 

sh ad e or de nsi ty of wh ich is le ss than No. 2 of the Ri ng elman n Ch art, 

or of su ch opac ity as to ob sc ure an obse rv er’s vie w to a deg re e le ss 

tha n doe s sm oke of No. 2 Ri ng elman n densi ty , may be em itte d. T hes e 

pe rm itt ed em is si ons sh all no t be cu m ul at iv e to th e em is si ons pe rm itte d 

by pa ra gr ap h (d) of su bse ct io n (3) of th is or di nan ce . No tu g- bo at sh all 

em it and no pe rs on sh all cause , su ff er or allo w to be em itte d in to th e 

open air from any tu g- bo at sit u ate d as her ei na bov e s e t for th sm ok e th e 

sh ad e, de nsi ty or opac ity of wh ich exceeds th e lim it s pe rm itte d by th is 

pa ra gr ap h (c ), nor for lo ng er per io ds than he re in pe rm itte d.

(5) LIM ITATION ON DUST EMISSION. No per so n sh all cause or 

allow to be em itt ed in to th e op en ai r from any p ro ce ss or co nt ro l eq ui pment or to p a ss any co nven ie nt m ea su ring po in t in th e bre ec hi ng or st ack , 

du st in th e g ases to ex ce ed 0.8 5 lb. per 1000 lb. of g ases, adju st ed to 

12% CO2 co nt en t for th e pro du ct s of co m bu stio n.

(6) ASCE RTAIN ME NT OF DUST QU AN TIT Y. Th e am ou nt of dust 

or so li ds in th e g ases sh all be de te rm in ed , un le ss oth er w is e ag re ed upo n 

by th e D irec to r an d th e pe rs on co nc er ne d, ac co rd in g to th e T est Co de 

for D us t-Se pa ra ting A pp ar at us , 1941, and th e T e st Co de for Determining 

the Dust C on ce nt ra tion in a Gas Str eam (195 7) of th e America n So ciety 

of M ec ha ni ca l E ngin ee rs , wh ich ar e he re by mad e a par t of th is or di na nc e 

by re fe re nc e.

(7) DIS POSAL OF DUST. Dus t from d ust -s epara ti ng eq uipm en t 

and from ot he r so urc es in th e in sta ll ati o n whic h is no t to be re cl ai m ed 

sh all be m oi st en ed an d ha ul ed in an ap pr ov ed man ne r to a co un ty dump 

or ot he r ap pr ov ed poin t of d is posa l. If th e dust is to be re cl ai m ed , it 

sh al l be ha nd le d in a man ne r sa ti sf acto ry to th e D irec to r.

(8) NUISA NCES. No pe rs on sh all cause or al lo w to be em itt ed 

into th e open air from any pro cess or co nt ro l eq uipm en t, in te rn al combu stio n en gi ne , pre m is es , or open fire , any air p o ll u ta n ts in a ma nner 

to ca use in ju ry , de trim en t, nuis ance, or an no ya nc e, or to en da ng er the 

hea lth or sa fe ty of any per so n, or to cause or ha ve a nat ura l tend en cy 

to cause inju ry or da mag e to busi ness or pr op er ty .

(9) SEAL ING OF PR OC ES S EQ UIPM EN T OR PR EM ISE S, (a ) 

Order to 'Sh ow Ca use. When any pe rs on h as been notified of th re e or 

more ob se rv ed an d re co rd ed vio la ti ons of th e appli ca ble re gula tions of 

th is se ct io n in re sp ect to th e em is si on of ai r poll uta nts with in any co nse cuti ve tw el ve mo nth pe riod , th e D irec to r sh all with in tw en ty da ys 

th ere aft er fu rthe r no tif y su ch pe rs on to sho w cause be fo re th e D irec to r 

on a day ce rt ain , no t le s s than ten no r more tha n tw en ty da ys from th e 

day of th e noti ce, why the p ro ce ss eq ui pm en t or pre m is es ca usi ng such 

vio la tion sh all no t be se al ed.

(b) N otifica tion. In ca se th e pe rs on so notifi ed is not th e pe rs on 

li able for th e vi ola tion in co nn ec tion with a bu ild in g, p ro cess eq uipm en t
CLEAN AIR ACT AMENDMENTS OF 19 66 103

or pre m is es , then su ch notice sh all als o be give n to oth er per so ns li able 

as pro vi de d in Se ctio n 89 .13. Th e noti ce he re in pr ov id ed for may be give n 

by re gis te re d mail dir ec te d to the la s t kno wn addre ss of th e pe rs on or 

or per so ns to be notifi ed , with retu rn re ceip t of ad d re ssee re qu ired , or 

if th e pe rs on or p ers ons or th ei r w he re ab ou ts ar e unknow n, then by p o sting a notice on or nea r th e pr em is es at which th e vio la ti ons sh all ha ve 

oc cu rred .

(c) He ari ng; Duty to Se al; App ea l. Upo n su ch ce rt ai n da y th e pe rson n otifi ed may ap pea r and be he ar d. Upo n su ch hea ring , if the Direc to r 

find s th at a dequat e co rr ec tive m ea ns an d m et ho ds ha ve not be en em ploy ed 

to co rr ec t the cause of su ch co nd itio n, then it sh all be his du ty to se al 

th e p ro cess eq ui pm en t or pre m is es unti l su ch tim e as an In st all ati o n P ermit an d O pe raring Per m it as pr ov id ed un de r th is ord in an ce ha ve bee n 

ap plied for an d is su ed for the p ro cess eq ui pm en t or pre m is es . Th e person may w ith in t en day s of su ch dec is io n ap pea l th e fin ding to the Ap peal 

Bo ard an d the ap pea l sh all st ay the se ali n g pen di ng th e ap pea l. No pr oc e ss eq ui pm en t or pre m is es sh all be se ale d until ex pir at io n of th e tim e 

for ap pea l. (See Sec tion 89 .17) .

(10 ) VIOL AT ION OF SEA L PR OHIB IT ED . No pe rs on sh all viola te th e se al on any p ro cess eq uipm en t or pre m is es th at has been se ale d 

at th e direc tion of th e D irec to r, u n le ss au th ori ze d by th e Direc to r in writin g to do so .

(89.1 1 (9) & (10) Am en de d Sept. 12, 1963 J. Pr oc ., p. 123 4-1 235 ,

1257; publi sh ed an d eff ec ti v e Se pt em be r 26, 1963)

89.12 E nt ra nc e to P re m is es. No pe rs on sh all in an y ma nn er 

hi nd er , obst ru ct , del ay , re sis t, pr ev en t, or in any wa y in te rf ere or att em pt^ 

to in te rf ere with th e D irec to r, the De pu ty D irec to r, or de pa rtm en t emplo yees in th e pe rfor m an ce of th eir du ly au th or iz ed duti es by re fu si ng 

them en tr an ce to th e pre m is es at re aso nable ho ur s upon id enti fi cati on.

89.13 P er so ns L ia ble . All p ers ons ow ning , ope ra ting, or in ch ar ge 

or co nt ro l of any eq uipm en t or pre m is es who sh all cause , su ff er , allow, 

pe rm it or p art ic ip a te in any vio la tion of th is ord in an ce ei th er as pr opr ie ­

to rs , ow ne rs , le s s e e s , te nan ts , m an ag er s, su peri nte ndents , co nst ru cto rs , 

in sta ll e rs, m ech anic s, repa irm en , ca p ta in s, ja nit ors , en gin ee rs , firem en , 

or oth erw is e, sh all be in di vi dua lly an d co ll ecti v ely li able for any p en alti e s im po se d by th is or di na nc e.

(8 9. 13 Am en de d Sept. 12, 1963 J. Pr oc ., p. 1254-12 55, 1257; pu bli sh ed an d eff e c ti v e Se pt em be r 26, 196 3)

89.14 P en alt ie s for V io la tions. (1) Any per so n who sh all vio la te 

any of th e pro vis io ns of th is or di na nc e sh all , upo n co nvic tion th er eo f, 

be se nte nced to pa y a fin e of no t le s s than $2 5.00 no r mo re th an $5 0.00 

for th e fi rs t vi ola tion th er eo f, an d no t le s s than $5 0.00 nor mo re than 

$100 .00 for ea ch su cce ed in g vio la tion, to get her with th e co st of the 

ac tion , and in def ault of pa ym en t of sa id fin e ,and co sts of pro se cution, 

the pe rs on sh all be im pr ison ed in th e co un ty ja il or th e H ou se of Co rre ct io n of Milw au kee Co un ty for a pe ri od not to ex ceed th irty da ys . 

Ea ch day ’s vi ol at io n sh all consti tu te a se p ara te off ense .

(2) Th e un lawfu l em is si on of ai r p o ll u ta n ts from ea ch st ack or 

pr em ise sh all co n sti tu te a se para te off ense .

(3) Th e D irec to r, or th e In sp ecto rs , upon in str u c ti o n s of th e 

Dire ctor , sh all ha ve au th or ity to in sti tu te co m pla in ts ag a in st al l pers ons
104 CLEAN AIR ACT AMENDMENTS OF 19 66

vio la ting any pro vis io ns of th is or di na nc e.

(4) Wh eneve r any pe rs on has be en fou nd by th e D irec to r or his 

In sp ec to rs to ha ve re pea te dly vio la te d th e pro vis io ns of Cha pt er 89 of 

the G en er al O rd in an ce s and par ti cu la rl y Sec tion 89.11 (8) th er eo f, the 

co rp or atio n co unse l is au th orize d and dir ec te d, upo n w ritte n re quest of 

die Direc to r an d wh en in his op inion the fa cts w ar ra nt , to comm ence 

ap pr op riat e ci vil le gal ac tion in th e nam e of Milw au ke e Co unty to en jo in 

and re st ra in fu rth er co nt in ua nc e of su ch vio la tion.

(89.14 (2) Amended Sept. 12, 1963 ]. Proc., p. 1254-1255, 1257;

publishe d and effective Septem ber 26, 1963)

89.15 Per io d of G race . (1) When a per so n vio la ti ng any of the 

pro vis io ns of th is or di na nc e with re sp ect to th e em is si on of ai r polluta nts , pr od uc es ev id en ce sa ti sf acto ry to th e D irec to r th at he has ta ke n 

al l ste p s poss ib le to pr ov id e for co m pl ia nc e with th e pro vis io ns of the 

or di na nc e, but th at th e ac quis it io n of the pr op er eq ui pm en t or dev ic e 

ca nn ot be ob ta in ed or ef fe ct ed im m ed ia te ly , th e D irec to r sh all ha ve the 

dis cr et io n in su ch ca se s to allow a pe riod no t ex cee din g tw el ve mon ths 

from the da te of ap pli ca tion th er ef or , with in which th e n ecessa ry eq ui pment or de vi ce is to be ac qui re d an d in sta ll e d . In a ca se whe re the 

Direc to r has gr an te d a gr ac e pe riod of up to on e ye ar , and no tw iths ta nd in g 

th at th e pe rs on has give n a bon a fide or de r for th e eq ui pm en t re qu ired to 

com ply with the or di na nc e, it appear s pr ob ab le th at su ch eq ui pm en t will 

no t be de liver ed with in su ch gr ac e pe riod , th e per so n may ap pl y to the 

Bo ard of A pp ea ls for an ex te ns io n of th e gra ce pe riod , se rv in g notice 

of su ch ap plica tion upon the D irec to r. The Bo ard of A pp ea ls sh all 

co nsi der su ch re quest and with in tw en ty day s af te r re ceip t of sa m e, if 

it is s a ti sfi e d th at th er e is good cause for fu rthe r ex te nsi on of su ch gr ac e 

pe riod , by writte n or de r may ex te nd su ch gra ce per io d for any tim e no t 

to ex ce ed on e ye ar from the en d of th e gra ce per io d gra nt ed by th e 

Dire ctor.

(2) Du ring sa id pe riod of gr ac e gr an te d by th e D ir ec to r or by the 

Board of A pp ea ls, th e pe rs on vio la ting th e ord in an ce sh all no t be su bje ct to th e fi nes or p en a lt ie s he re in pre sc ri bed; pr ov id ed , ho wev er, th at 

whe re su ch pe rs on fa il s in the tim e al lo w ed to con form with th e provis io ns of th is ord in an ce , he sh all be su b je ct to al l th e fi nes and pen ­

alt ie s he re in pre sc ri bed da ting from the da te of th e be gi nn in g of the 

pe riod of gra ce pe rm itte d him.

89.16 M ai nt en an ce of Rec or ds . Th e D irec to r sh all ke ep in th e 

of fice of th e Dep artm en t of Air Pollution Con trol al l appli cati ons ma de, 

and a co m pl et e re co rd th er eo f, as well as of al l per m its an d cert if ic a te s 

is sued. He sh all ke ep a re co rd of all ai r polluti on obse rv ati ons on al l 

sta ck s an d gen er al ly of th e work do ne by th e de pa rtm en t. All su ch re ­

co rds sh all be open for in sp ect io n by the public at al l re aso nable tim es .

89.17 A ppe cl s to Ap peal Bo ard. (1) Any per so n ta ki ng ex ce pt io n 

to any dec is io n or or de r of th e D irec to r in th e in te rp re ta ti on of the Rules 

and R egula tions a e t fo rth in Secti on 89.2 0 -ef - th e Gene Fal- O rd in a n ces 

af fe ct in g su ch p ers o n ’s pr op er ty or from any or de r se ali ng eq uipm en t, 

may ap pea l to th e App ea l Bo ard . Such ap peal sh all be ta ke n with in ten 

da ys aft er th e dec is io n or or de r co m pl ai ne d of, by fi ling with the Co unty 

Cl erk as ex -o ffic io se cre ta ry of th e App ea l Bo ard , a noti ce of ap pe al 

sp ec if yin g th e dec is io n or or de r ap peal ed from, th e re aso n s for su ch
CLEAN AIR ACT AMENDMENTS OF 19 66 105

ap pe al, and the re lief sou ght. At the time of fil ing such ap pe al , the 

appellant sh al l de po sit $15 with the County Clerk to cove r the cost of 

the heari ng. A copy of such no tic e of ap pe al sh al l be se rved upon the 

Direc tor and upon re ce ip t the reo f he sh al l prom ptly furni sh to the Ap peal 

Board al l the pa pe rs re la ting to the de ci sion or order ap pe aled from. The 

chairman of the Appea l Board sh al l se t a da t for the he aring of suc h 

ap pe al not le ss tha n five nor more than ten da ys after the da te on which 

the ap pe al was fil ed with the se cr etar y of the Appea l Board, and sh al l 

give no tic e thereo f by ma il or by se rv ic e by the Sheriff to the Di rec tor 

and the party taking the ap pe al. Such ap pe al sh al l op erate to stay the 

de cision or order ap pe aled from un til the de ci sion of the Appea l Board 

is ren dered . The ap pe lla nt may pr os ec ut e the ap pe al in pe rso n or by an 

agent or att orne y. The Appeal Board sh al l within ten da ys af te r the 

conc lusio n of the he aring by written dec isio n affirm , modify or set as id e 

the de cision or ord er ap pe aled from, and ca us e a copy thereo f to be 

prom ptly de liv ered to the ap pe lla nt and the Direc tor . Such de ci sion sh al l 

be bindin g upon the ap pe llan t and the Dire ctor un le ss reve rsed by the 

Ci rcuit Court of the County in ce rti or ari pr oc ee ding s. If the de ci sion or 

order of the Di rector is affirme d by the Board of App ea ls, the $15 de po sit 

sh all be forfeited to the County. If the de ci sion or ord er of the Di recto r 

is mo dified or reve rsed by the Board of Ap pe als and the Di rector do es 

not within ten da ys commence ce rti or ari pr oc ee di ng s to rev iew the 

Board’s de ci sion , the co st s of the hearing sh al l be borne by the County, 

and the $15 de po sit sh al l be refunded to the ap pe llan t. If the Direc tor 

com mence s ce rti or ari proc ee ding s, the forfe itu re or ref undin g of the 

de po sit sh al l abide the re su lt of the court de ci sion .

(2) Th e Board of Ap peals is empow ered to grant an ex tens ion of 

the gr ac e perio d, as provide d in Secti on 89 .15 . No de po sit sh al l be 

req uir ed in ca se of ap plication for suc h ex tens io n.

89.18 Co-or din ation of Municipal and County Reg ulations . After, 

and su bj ec t to ru le s and regu latio ns to be adop ted , un le ss a mun icipality 

within Milwaukee County ha s adopted an ai r po llu tio n contr ol ordinance 

at le ast eq ua lly re st rict iv e, no permit for the er ec tio n, co ns tru ction 

or alte ra tion of any building , pl an t or stru ctur e re la te d in any manne r 

to pro ce ss or control equip me nt sh al l be is su ed by any de partm ent of 

any of the se ve ra l m un ic ip al itie s in the County of Milwau kee un til the 

Direc tor ha s is su ed a perm it coverin g the property under hi s ju risd ictio n 

to be us ed in the building , p la nt or stru ct ur e as pro vid ed in Secti on 89.05 , 

or ha s in di ca te d th at, in hi s judgment, the pl an s subm itted will permit 

the in st al la tion of fa cilitie s ad eq ua te for co mplianc e with the pr ov isio ns 

of th is ordina nc e.

89.19 De claration of Pu blic Pu rpos e of Ordina nce. It is de clared 

that th is ordinance is en ac ted in the in te re st s of the pu blic he al th and 

we lfa re of the re si den ts of Milwaukee Count y. If any pa rt of th is ordinance sh al l be de cl ar ed to be inva lid , such in va lid ity sh al l no t af fe ct 

the rem aining po rtion s of th is ordina nc e, the Cou nty Board of Su pe rviso rs 

hereby de claring th at it would have pass ed such rema ini ng po rtio ns of 

th is ordinance no tw ith sta nd ing suc h in va lid ity .
106 CLEAN AIR ACT AMENDMENTS OF 19 66

UNITED STATES DEPARTMENT OF THE

INTERIOR BUREA U OF MINES

R. R. SAYE RS, DIRECTOR

1. EQUIVALENT TO 20 PERCENT BLACK

2. EQUIVALENT TO 40 PERCENT BLACK

R in g e lm a n n ’s S c a le fo r G r a d in g t h e D e n s it y o f S m o k e
CLEAN AIR ACT AMENDMENTS OF 19 66 107

UNITED STATES DEPARTMENT OF THE

INTERIOR BUREAU OF MINES

R. R. SA YER S, DI RE CT OR

3. EQUIVALENT TO 60 PERCENT BLACK

4. EQUIVALENT TO 80 PERCENT BLACK

R in g e lm a n n ’s S c a le fo r G r a d in g t h e D e n s it y o f S m o k e

EXHIBIT I

Air Pollution Con trol

RULES AN D REGULATIONS

SUPPLEMENTING CHAPTER 89

of the

GENERAL ORDINANCE

of

MILWAUKEE COUNTY

109
110 CLEAN AIR ACT AMENDMENTS OF 19 66

AIR POLLUTION CONTROL

RULES AND REGULATIONS

(Supplementing C hapter 89 of the 

General Ordinances of the County of Milwaukee) 

REGULATION I - GENERAL PROVISIONS

RULE 1 — Emissions Permitted

Th ese rules shall sup ple me nt and implement Chapter 89 of the 

Milwaukee County General Ordinances and apply to all proc ess equ ipment installatio ns regulated thereby.

RULE 2 — Reporting of Sales and Pu rcha ses

All per son s engaged in the bu sine ss of sel ling pro cess equipment 

covered by the se Rules and Reg ulation s and for which a fee is provided in Section 89.10 — FEES shall report the sale of this type

equipment, upon forms provided by the Director, in accorda nce with 

Section 89.08 - Reporting of Sales and Pu rch ases.

REGULATION II - NEW, ALTERED AND RECONSTRUCTED 

COMBUSTION PROCESS INSTALLATIONS

RULE 1 — Applic ability

All new, altered and rec onstructed combustion proc ess in stallatio ns for which a fee is provided in Section 89.10 shall be governed 

by the se Rules and Reg ulations. These Rules and Reg ulations shall 

be effective thir ty day s after pa ssag e and pub lica tion in the official 

newspap er of Milwaukee County.

RULE 2 — Gas-F ired Insta lla tio ns

(a) The em ission performance of all gas-fired burners shall conform with the requiremen ts of the American Gas Assoc iation , Inc., 

Und erw riters’ Laboratori es, Inc ., Factory Mutual Assoc iati on or the 

Factory Insurance Associa tion.

(b) Chimney and vent si ze s for all gas-fired insta lla tio ns shall 

conform to the recommendations of the boiler, furnace or burner manufacturer.

(c) All boiler or furnace rooms serving gas-fired insta lla tio ns sha ll 

be provided with an out side air inta ke for combustion that conforms
CLEAN AIR ACT AMENDMENTS OF 19 66 111

with Wisco nsin Ad minist rativ e Code se ct io n Ind 5^60.

(d) All atm ospheri c burne r equip ped ga s-fir ed in st al la tions which 

are req uir ed by Wisconsin Ad minist rativ e Code se ction Ind 5^.67 to be 

vente d to a chimney or flu e pipe, sh al l be equip ped with draft hoods, 

barom etric dam per s or motorized damp ers .

(e) The prod uc ts of com bustio n from all ga s-fir ed in st al la tions 

sh all be disc ha rg ed to th e atm osphere at such he ig ht s and in suc h 

manner as to prev en t nu is an ce s being cr ea te d to neighbor ing occu ­

pa nc ie s.

RULE 3 — Oil- Fi re d In st al la tions

(a) The em iss ion per formance of all oil-f ire d bu rners sh all conform with the req uir em ents of Und erwrit ers’ Lab or ator ies, Inc., Fac ­

tory Mutual Assoc iatio n or the Fa ctor y Insu ranc e A ss oc iatio n.

(b) All oil-fire d in st al la tions sh all be in st al le d in acco rdan ce 

with the recomm endations of the ma nufac tur er of the oil -bu rni ng equip ­

ment.

(c) All oil-f ire d in st allations burn ing heavy No. 5 or No. 6 grade 

fue l oi ls sh al l be equip ped with su itab le prov isi on for preh ea tin g such 

oils to le vel s su fficient to giv e performanc e within the smoke em iss ion 

lim ita tio ns of th is ordina nc e. Recom menda tions of the burner manufactur er sh all be follow ed in th is rega rd.

(d) Chimney s serving oil-f ire d in st al la tions sh all conform in size 

and heigh t to the recomm endations of the bo ile r, fur nace or burner 

manufactur er.

(e) Where hea vy No. 5 or No. 6 oil is us ed in a bo ile r having a 

burne r ca pa city gr ea ter tha n 40 gph , a smoke in di ca to r or smoke alarm 

sh al l be provide d.

(f) All bo ile r or furn ace rooms serving oil-f ire d in st al la tions sh all 

be pro vid ed with an ou tside air in ta ke for comb ust ion air that conform s 

with Wisconsin Ad minist rativ e Code se ct io n Ind. 5% 60.

(g) Th e prod uc ts of com bustion from all oil-f ire d in stal la tion s 

sh al l be disc ha rg ed to th e atm osphere at such he ig ht s and in such 

manner as to prevent nu isan ce s being cr ea ted to neigh borin g occu pa nc ie s.

(h) The owner of the in st al la tion may be req uir ed to pro vid e su it ­

ab le te st op enings at su ch lo ca tion s as re qu es ted by the Direc tor .
112 CLEAN AIR ACT AMENDMENTS OF 19 66

RU LE 4 — So lid F uel- F ir ed In sta ll ati o n s

(a) All su sp ensi on so lid fu el-b ur ni ng in sta ll ati o n s sh all be eq ui ppe d with su it able dust coll ecti on eq ui pm en t to in su re pe rfor m an ce 

with in the em is si on li m itations of th is or di na nc e.

(b) All st oke r- fi re d in s ta ll a ti o n s sh all con for m to re co mmen da tio ns 

on se tt in g hei ghts , fu rn ac e vo lu m es , hea t rele ase , fir eb ox dim en si ons, 

st oker si ze se le cti on, ov er -fire dra ft pr ov id ed by th e stoke r manufa ct ur er .

(c ) All st oke r- fi re d in sta ll ati o n s se rv in g stea m boil ers be low 

15 lb s. / i n . 2

 or ho t w at er boil ers be low 30 lb s. / i n . 2

 ga ug e bo ile r 

p re ss ure sh all in cl ud e pro vi si on for ad equat e ho ld -fire co ntr ols .

(d) On all st oke r- fi re d in sta ll a ti o n s, pr ov isio n sh all be made for 

ov er -f ire, se co nd ar y ai r.

(e ) All stok er -f ired in sta ll ati o n s ha ving a feed gre ate r tha n 400 

lb s/ h o u r sh all be eq ui pp ed with a sm ok e in dic at or or smoke ala rm .

(f) All st oke r- fi re d in sta ll a ti o n s ha vi ng a feed gre ate r than 400 

lb ./ hour sh all be eq ui pp ed with a fu el -a ir co m bu sti on co nt ro l sy stem .

(g) Where a pn eu m atic as h-h an dling sy st em is in sta ll ed , pr ov isio n sh all be made to ve nt th is sy st em to the atm os ph ere through 

ad eq ua te coll ecti on d ev ic es.

(h) Ch im ne ys se rv in g so li d fu el -f ired in sta ll ati o n s sh all conform 

in siz e and he ig ht to th e re co m m en da tio ns of th e bo iler , fu rn ac e or 

bu rn er m an uf ac tu re r.

(i) Th e pr od uct s of co m bu stio n from all so li d fu el -fired in sta ll a ­

tions sh all be dis ch ar ged to th e at m os ph er e at su ch he ig hts and in 

su ch ma nn er as to pr ev en t n u is a n ce s be in g cre ate d to ne ig hb or in g 

occupancie s.

(k) All boiler or fu rn ac e roo ms se rv in g so li d fu el -f ired in sta ll ati o n s 

sh al l be pr ov id ed with an outs id e ai r in ta ke for co m bu stio n ai r th at 

co nforms with W isco ns in A dm in is tr at iv e Co de se ct io n Ind 59.60 .

RE GU LA TION S III - INTE RN AL COM BUS TION EN GINE S

RU LE 1 — Im med iat e Cor re ct io n

When in th e op inion of th e D irec to r an air pol lu tion co nt ro l ordin ance vi ola tion cause d by in te rn al co m bu stio n en gi ne eq uipm en t 

re quir es im med iate co rr ec tion, th e per so n li able for - the eq uipm en t 

sh all be no tifi ed prom ptl y to ex pedit e th e ap pro pr ia te m ai nt en an ce 

an d re pair .
CLEAN AIR ACT AMENDMENTS OF 19 66 113

RU LE 2 — P ublic T ra nsp ort at io n Ter m in us P oin ts

Wh ene ver any pu blic tr ansp ort ati on au to m ot iv e powe r eq ui pm en t 

la ys over at a te rm in us po in t for gre ate r th an five (5) m in ute s, th e 

en gi ne sh all be turned off. T his ru le sh all ap ply wh en outs id e air 

te m pe ra tu re s do no t fa ll be low tw en ty degre es F ah re nheit (20 F) 

ab ov e ze ro u n le ss the eq ui pm en t is dis ab le d and it is n ecessary to 

co nt in ue op er at io n.

RE GU LA TION IV - SAM PLING AND TE ST IN G

RU LE 1 — A ut ho riza tion

Th e D irec to r is he re by au th orize d to co nduc t, or cause to be co ndu ct ed , an y te s t or te s ts of any new or exis ti ng pro cess eq uipm en t 

th e oper at io n of whi ch , in his op in io n, ca n be ex pec te d to re su lt in 

em is si ons in ex c ess of the li m it ati ons in th e Milw aukee Co un ty Air 

Pollution Con trol O rd in an ce , or whe n, in his -ju dg me nt, th ere is ev ­

id en ce th at any su ch pro cess eq ui pm en t is ex ce ed in g any em is si on 

lim itat io n pre sc ri bed in sa id or di nan ce . Upon not if ic at io n by th e 

D ir ec to r th at pe rfor m an ce em is si on te s ts are co nsi der ed n ecessa ry , a 

pe rs on may ele c t to co nd uc t su ch te s ts hi m se lf . In th is ev en t, th e 

per so n sh all no tif y th e D irec to r of th is decis io n and of th e tim e and 

da te of su ch te sti n g . Th e D irec to r, or his re pre se nta ti ve, may w it ness 

su ch te sti n g . All te sts so co nduct ed sh all be in a man ne r ac cepta ble 

to the D irec to r and a co m pl et e deta il ed te st repo rt of su ch te s ts sh all 

be su bm itte d to th e D irec to r.

RU LE 2 — Dep ar tm en ta l T e sts

Not hing in th ese Rul es and R egula ti ons co nc er ni ng te sts co nd uc te d 

by an d pa id for by an y per so n or his au th or iz ed ag en t sh all be de em ­

ed to ab ridg e th e ri ghts of th e D irec to r or his re p re sen ta ti v es to co ndu ct se para te or ad di tional te sts of any p ro ce ss eq ui pm en t on beh alf 

of M ilw au ke e Co un ty Dep artm en t of Air P ollution Con trol at a tim e 

whic h is m utua lly ag re ea bl e and at th e D ep ar tm en t’s ex pense , ex ce pt 

as in Ru le 3 of th is Reg ul at io n be low.

RU LE 3 — T est O pe ni ng s, Sca ffol di ng an d F a c il it ie s

When te s ts of exis ti ng pro cess eq ui pm en t ar e de em ed n ecessa ry 

by th e D irec to r and the per so n does no t ele ct to co nd uc t su ch te s ts 

hi m se lf , he sh all at h is ex pen se pr ov id e te st open in gs, a c c e ss sc a ffo lding and ot he r per ti nen t fa c il it ie s as re quest ed by th e D irec to r. If 

he re fu se s to su pp ly th e re quest ed te s t open in gs, a c ce ss sc af fo ld in g 

and ot he r per ti nen t fa c il it ie s, th e D irec to r sh all no tify su ch per so n 

to show ca use be fo re th e D irec to r on a da y cert ain , no t le s s th an te n 

nor more th an tw en ty day s from th e da y of noti ce, why th e eq uipm en t 

sh all not be se ale d . Th e re su lt s of all te s ts co nd uc te d by th e D irec to r

69 -400 0 - 66 - 9
114 CLEAN AIR ACT AMENDMENTS OF 19 66

sh al l be fu rn is he d to th e ow ner or ope ra to r of th e pro cess eq uipm en t. 

If th e te st re su lt s esta b li sh th at th e eff lu ents from the pro ce ss eq uip ­

me nt mee t th e em is si on li m it ati ons of th e Milw au kee Co un ty Air 

P ollution Con trol O rd in an ce , th e Dep artm en t sh all as su m e the co sts 

for th e in st all ati on of th e te s t op en in gs, ac ce ss sc af fo ld in g an d ot he r 

pert in ent fa c il it ie s.

(R ules and Regulations adopted Jul y 21, 1964 J Proc., p. 1135-

1139; publishe d Aug. 13, 1964, effective 30 day s afte r publication)
CLEAN AIR ACT AMENDMENTS OF 19 66 115

REGULATION V - NEW, ALTERED AND REC ONSTRU CTE D 

INCIN ERATOR INSTALLATIO NS

RULE 1 — App lic ab ility

All new, al tere d and reco ns truc ted in ci ne ra to r in st allations for 

which a fee is pro vid ed in Section 89.10 sh al l be gov ern ed by thes e 

Ru les and Reg ul atio ns . The se Ru les and Reg ulations with rega rd to 

incine rator in st allations sh al l be ef fe ct iv e thirty da ys after pas sa ge 

and pu blication in the of fici al ne wsp ap er of Milwaukee County.

RULE 2 — De fin ition s and No me nclature

The de fini tion s, nome nclat ure, cla ss if ic ation of w as te s and 

cl as si fi ca tion of in cine ra to rs as prop osed and adopted by the Air 

Po llu tio n Control Assoc iatio n (AP CA) In cine rator Committee is herewith adop ted and made pa rt of th es e Rules and Re gu latio ns . The 

nome nclature, de finitio ns and cl as si fi ca tion of w as te s and of in ci ne rator s us ed in th es e Ru les and Reg ul at io ns and in all com mu nic ations 

with the Department of Air Po llu tio n Control re la tive to in cine ra to rs 

sh al l conform to th is APCA Incine rator Comm ittee’s recommen ded 

pra ct ic es .

RULE 3 — Must Meet Perfo rm ance Em iss ion Re quire me nts

Nothing *in th es e Ru les and Re gu latio ns will ab so lve the owner or 

op erator of any incine ra tor from me eting all of the ai r po llu tio n pe rformance em ission req uir em ents co ntaine d in Section 89.1 1 of the 

Milwau kee Count y Air Po llu tio n Control Or dinance. Th e gra nting of 

an In st al la tion Perm it, Op era ting Pe rm it or a C er tifica te of Opera tion 

sh al l not pro vid e immunity from comp lia nce with, or pros ec ution for 

vi ol at io ns of, the pr ov isions of sa id Or din ance and th es e Ru les and 

Reg ulations.

The incine ra to r su pp lier sh al l be so le ly re sp on sibl e for the de sig n 

of al l in ci ne ra to rs to insu re th at any incine ra to r in st alled within 

Milwaukee County is ca pa ble of com plying with the per formance 

em iss ion requ ire ments of Section 89-11 of the Milwaukee Cou nty Air 

Po llu tio n Co ntr ol Or din ance when op erated in ac co rdan ce with the 

manufacturer ’s in stru ct io ns at rated burning ca pa ci ty with al l ty pe s of 

was te s which are normal to the owner.

RUL E 4 — Incine rator In st al la tions

(a) Air for com bustio n and ve nt ilat io n of rooms in which in cine rators are lo ca te d sh al l be ad eq ua te to pro vid e for comp lete comb ustion 

of the refu se , in addit ion to all othe r ai r requ ire men ts, at rated burning 

ca pa city. All rooms serving in cine ra to r in st allations sh all be provid ed with an ou tsid e air intake for comb ustio n ^ir that conforms with
116 CLEAN AIR ACT AMENDMENTS OF 19 66

Wisco nsin Ad mini str ati ve Code Section Ind 59.60.

(b) All new , reco ns tru cted and al tere d incine ra tor in st al la tions 

havin g a prim ary fur nace volume gr ea ter than 5 cubic feet sh all be 

provide d with th ei r own se pa ra te high tem perature flue of adequate 

cr os s- se ct io n and height to pro vid e ample draft for ca pa city opera tion 

of the incine rator. No other com bustio n de vi ce s sh al l be connected 

to an in cine ra to r flue, ex ce pt where ad eq ua te draft and cr os s- se ct io n 

exis ts to insu re em ission performanc e of both the incine rator and the 

othe r com bustio n de vi ce s within the em iss ion lim ita tio ns of the Milwaukee County Air Po llu tio n Control Or din ance.

(c) All in cine ra to rs sh al l be equip ped with ad eq ua te autom atic 

draft regu latio n.

(d) The products of comb ustion from al l incine rator in st al la tions 

sh al l be disc ha rg ed to the atm osphere at suc h he ights and in such 

manner as to prev en t nui sa nc es being cr ea te d to neigh bor ing oc cu ­

pa nc ie s.

(e) When the de sig n of a prop osed in ci ne ra to r in st al la tion is such 

that there is li tt le or no basi s to pr ed ict the ai r po llu tio n em ission 

performanc e of th e in cine ra to r, the Direc tor will requ ire that perform ance em iss ion te st da ta and repo rts by an approved lab orato ry or 

te st in g group be subm itted by the su pp lier to sup port any claim tha t 

the in cine ra to r will meet the Milwaukee County Air Po llu tio n Control 

Ordin ance performance em iss ion requ ire ments prior to is su an ce of an 

In stal la tion Pe rm it. Such sup porting te st s and rep ort sh al l be in 

de tail and sh al l de sc ribe the natur e of the w as te s consum ed, the rate 

of in cine ra to r op eration, the frequenc y of ch ar ge s, dra ft and tem perature co nd iti on s, a de sc rip tio n of the te st proc ed ures and sam plin g 

syste m, and de ta iled qu an tit ativ e and qu al itat iv e da ta and re su lts on 

the vi su al , par ticu la te and fume em ission s of the unit, plus any oth er 

inform ation the Di recto r may re qu es t. A listin g of thos e labo ratorie s 

or te st gro ups who by virtu e of equip me nt, sk il ls and ex pe rie nc e are 

ac ce pt ab le to the Direc tor sh al l be maintaine d in the offic e of the 

Department of Air Po llu tio n Co ntr ol.

When the su pp lier is un ab le to supply such da ta as the Direc tor 

re qu ires , an In stal la tion Pe rm it and an Opera ting Perm it will be 

is su ed on ly on an experim ental basi s and the Department sh all so 

notify the own er or op erator prior to is su an ce of the In stallatio n 

Permit. Fo r all experim ental in st allations, the su pp lie r sh all be 

require d to cond uct, or hav e cond uc ted, air po llu tio n perform ance 

te sts co nc urrently with ca pa ci ty burning te st s to demo nstra te that the 

in ci ne ra to r in st al la tion is ca pa bl e of com plying with the em ission 

lim itat io ns of th e Milwaukee Cou nty Air Po llu tio n Control Ordin anc e. 

Th e Tes tin g orga niza tio n sh al l be one of those labo ra to ries or te st 

grou ps th at have es ta blish ed th eir qu al ific at io ns with the Director.
CLEAN AIR ACT AMENDMENTS OF 19 66 117

Or, upon w ritten re quest , as pr ov id ed by Sec tion 89 .1 0 (2) F e e s, th e 

D irec to r is au th or iz ed to co nd uc t q uanti ta ti ve an d q uali ta ti ve em is si on 

te sts usi ng qual if ie d Dep ar tm en ta l per so nnel.

When th e em is si on te s ts co nd uc te d un de r th e O pe ra ting Per m it fa il 

to sho w th at th e in cin er at or is ca pable of op er at io n w ith in th e em issi on lim it ati ons of th e Milw au ke e Co un ty Ai r P ollution Co ntrol 

O rd in an ce , no C ert if ic ate of O pe ra tio n w ill be i s su ed for th is in s ta ll a ­

tion an d the D ir ec to r sh all is s u e an or der to se al th e in cin er at or from 

fu tu re op er at io n until, af te r m odif ic at io ns, it ca n be dem on st ra te d to 

th e D irec to r th at th e mod ifi ed in cin era to r has th e capabil it y to oper at e

• lawfu lly un de r th e Milw au ke e Co un ty Air P ollution Co nt ro l O rd in an ce .

(f) F lu e- fe d in cin era to rs uti li zi ng co m bine d re fu se ch ut e an d flue 

sh all be pro hi bi te d u n le ss eq ui pp ed with co m bu stio n co nt ro l dev ic es

• and air pollution co nt ro l eq ui pm en t accep ta b le to th e D irec to r. In al l 

flue -fed in cin er at or in sta ll a ti o n s, pe rfor m an ce dem on st ra tion te sts 

co nd uc te d at th e ex pense of th e su ppli er sh all be re qu ired un de r th e 

Ope ratin g Per m it. Where su ch te s ts fa il to dem onst ra te co m pl ia nc e 

with th e em is si on re qu ir em en ts of th e M ilw au ke e Co un ty Air Pollution 

Co ntro l O rd in an ce , a C ert if ic ate of O pe ra tion w ill no t be is su ed and 

an or de r to se al th is in st all ati o n sh a ll be is su ed by th e D irec to r 

unti l, aft er m odif ic at io ns, it ca n be de m onst ra te d to th e D irec to r th at 

th e m od ifie d in cin era to r has th e capabil it y to oper ate la wfu lly un de r 

th e Milw au ke e Co un ty Air Pol lu tion Con trol O rd in an ce .

(g) R ef use bu rn er s no t co nnec te d to a ch im ne y, flue or st ack sh all 

be pr ohi bited . No ch im ney or st ack base sh all be u se d as a re fu se 

bu rner. R efu se bu rn ers sh all be co nsi der ed in cin era to rs for purp ose s 

of th e se R ule s an d R eg ula tions.

(h) On ly ap pr ov ed dom es tic in cin era to rs sh all be in sta ll ed . An 

ap pr ov ed do m es tic in cin era to r is on e wh ich has be en te ste d by an 

accepta ble and re co gniz ed nat io nal la bor at ory or te st gro up and 

ce rt i fie d as co nforming to th e em is si on li m it ati ons of th e la te st 

Ap prov al R eq ui re m en ts for D om es tic G as -F ir ed In ci nera to rs of the

, Am erica n Sta nd ar ds A ss ocia ti on.

(i) Whenever an in cin era to r is found to be in a sta te of d is re pair 

su ch th at it ca nn ot be oper ate d with in th e pe rfor m an ce em is si on

« re qu irem en ts, th e ow ne r or oper ato r sh a ll be so notifi ed . If af te r

30 day s th e ob vi ou s defe cts in th e in cin era to r ha ve not be en re m ed ied, 

th e D irec to r sh all or de r th e in cin er at or to be seale d . Any per so n who 

sh all br ea k a se al or who sh all use an in cin era to r se ale d by or de r of 

th e D irec to r sh all be in vi ola tion of Sec tion 89.11 (1 0) , and upo n 

co nv ic tion th er eo f, sh all be su b je ct to th e p en a lt ie s pr ov id ed in 

Se ction 89 .1 4 of th e Milw au ke e C ou nty Air P ollution C on trol O rd in an ce .

(j) An or de r of the D irec to r to se al an in cin era to r un de r pro vis io ns
118 CLEAN AIR ACT AMENDMENTS OF 1966

of th is R eg ul at io n is su bje ct to ap pe al in ac co rd an ce with pro vis io ns 

of Sec tion 89 .17 of th e Milw au ke e Co un ty Air Pollut io n Con trol 

O rd in an ce .

(Rule s and Regu lations adop ted June 16, 7965 J. Proc., p. 1171-

1176; p ublished Ju ly 1, 1965, effective August 1, 1965)
CLEAN AIR ACT AMENDMENTS OF 1966 119

Air. J arman. The committee will accept in the record letter s from 

the U.S. Conference of Mayors and fro m the Na tional Coal Associa ­

tion.

(T he lette rs ref erred to fol lo w:)

U.S. Conference of Mayors, 

Washington, D.C., Septem ber 27,1966.

Hon. Harley O. Staggers

Chairman, In ter sta te and Foreign Commerce Committee,

House of Representatives,

Washington, D.C.

Dear Congressman Staggers : The United States Conference of Mayors supports the provisions of H.R. 13199, a bill to amend the Clean Air Act.

Air pollution in our urba n areas continues to be a serious threat to community

* health and welfare. The many factors contributing to the air pollution problem 

are increasing, and the challenge facing our control agencies is becoming more 

critical each day.

The United States Conference of Mayors believes that the provisions of the 

Clean Air Act a re designed to assist the cities of this nation in carryin g out the

* front-line responsibility for the control of air pollution. Since th e passage of the 

act, many cities have received financial and technical assistance under the program. Many others have submitted requests for financial asistance and are presently aw aiting the availability of additional Federal funds.

This assistance has provided a real stimulus to the initiati on and improvement 

of local control programs. However, the short-term financial assistance now7

provided by the Clean Air Act does not satisfy the need for the continuing, longerrange effort required for the prevention and abateme nt of growing air pollution 

problems. We believe that the provision of gra nt support for the maintenance 

of effective control programs, as contained in H.R. 13199, will contribute directly 

to the effort needed now’ and in the future.

The United States Conference of Mayors believes, however, th at the provision 

contained in the third sentence of subsection (b) of Section 104 of the Clean 

Air Act, should not apply to main tenance gra nts authorized by H.R. 13199. This 

provision, a narrow’ maintenance of effort concept, while logical in rela tion to 

the existing short-term stimulatory gra nt program, should not be applied to 

gra nts in support of long-range control programs. Over a period of years, control 

program costs may fluctuate, due to non-recurring costs, withou t substan tially 

affecting overall program effectiveness. Within the matching requirements 

prescribed in H.R. 13199, w’e believe that this gra nt autho rity should be flexible 

enough to allow Federal supplementary financial assistance for the main tenance 

of the level of effort required for an effective control program regardless of the 

availability of local matching funds.

We strongly support, too, the provision of H.R. 13199 t ha t would delete that 

portion of Section 104(a) of the Clean Air Act which limits the total of grants 

for support of control programs to 20 percent of the total appropriation for any 

year. In order to control ai r pollution, it is essential th at greater emphasis 

be placed upon the application of current technology. Lar ger amounts of grant 

t fund s will be needed to assist control agencies in this regard, and the removal

of the 20 percent limitation would provide budgetary flexibility in meeting this

need.

Sincerely yours,

J ohn J. Gunther,

* Exe cutive Director.

National Coal Association, 

Washington, D.C., September 27, 1966.

Hon. J ohn J arman,

Chairman, Subcommittee on Public Health and Welfare, Committee on In ter sta te

and Foreign Commerce, U.S. House of Representatives, Washington. D.C.

Dear Mr. Chairman : I t is our plea sure to comment on S. 3112 and H.R. 13199, 

which are the subject of a public hearing today by the Subcommittee on Public 

Health and Welfare.

We believe that this legislation would be strengthene d by the adoption of H.R. 

15481 w’hich would amend Section 107 of the Clean Air Act to allow’ public hearings on any changes proposed in a ir pollution standard s for Fed eral installations.
120 CLEAN AIR ACT AMENDMENTS OF 19 66

As you are aware, on Jun e 2, pursu ant to Section 5 of Executive Order No.

11282, the Secretary of Health, Education and Welfare published in the Federal 

Register performance standard s for the prevention, control and abateme nt of 

air pollution from Federal facilities and buildings. They became effective thirty 

days later.

While Executive Order 11282 requires publication in the Federal Register of 

any modification or changes in the standard s before they become effective, there 

is no provision made for a public hearing on such changes. II.R. 15481 would 

correct this situation by allowing any person affected by the proposed changes to 

make a request, within ninety days of the ir publication, for a public hearing.

This would be a constructive move. While the Secretary will maintain complete responsibility for the promulgation of any Federal air pollution standard, 

there may be times when the full impact of proposed s tandar ds may not be understood unless there is an opportunity for affected parties to be heard . The time to 

resolve the problems which can result from this lack of understanding is p rior to *

the effective d ate of the stand ard, not after !

Indeed, without the benefit of a public forum at which all face ts of a problem 

can be considered, there is real dang er that an action program may be based on 

erroneous assumptions. That is why we believe it of u tmost importance to provide for public hearings on any proposed change in the existing stan dar ds gov- .

erning ai r pollution from Federal facilities.

We would also like to see the sense of II.R. 15481 applied to any ai r pollution 

control criteria for which the Secretary of HEW is responsible under Section 

103(c) (2) of the Clean Air Act. While these criteria are required to reflect the 

“late st scientific knowledge” the presen t law in essence says tha t they re quire only 

the latest scientific knowledge of th e Secretary of HEW. We do not believe tha t 

the true sta te of any art , or that any scientific knowledge, can be complete without the fu ll and free opportunity for all in terested parties to par ticipate in a discussion of what is knowledge and what may be false assumption.

While it may be argued that criteria are not the same as stan dards, in this 

case they come very close to being standard s. In effect, the Secretary of HEW 

controls the purse strings of many air pollution control agencies in th at he may 

make grants to such agencies upon his terms and conditions. The net effect must 

certainly be that state air pollution control agencies will consider any criteria 

advanced by the Secreta ry of HEW as a minimum and act accordingly. Nowhere 

along the line is there any provision at present that calls for a public forum at 

which all opinions on proposed criteria, or a change in crit eria, can be heard.

We do not believe that such is the inte nt of Congress, and urge that any legislation to amend the Clean Air Act include language to correct this situation.

Sincerely,

Stephen F. Dunn,

Preside nt.

Mr. J arman. This concludes our hearings and the committee stands 

adjourned.

(The following material was submitted for the recor d:)

Stateme nt Subm itted by Alex R ad in, Gene ral Manager, American P ublic t

P ower Associat ion

The motor vehicle commonly is described as a major source of air pollution.

A report by the Department of Health. Education and Welfare, published last 

November, estim ated th at about half of the total air pollution problem in the 

United States is caused by cars, trucks and buses. A report published in June *

in St. Louis, Mo., indicated th at 63% of the hydrocarbons discharged into the 

atmosphere in t ha t city during a 1963 test period were attribute d to automobiles.

Efforts are being made to control the exhausting of hydrocarbons and carbon 

monoxide by vehicles, but even the best of these provide something less than 

100% control. For example, 1966 auto models for sale in California, where a 

stringent exhaust control law is in effect, are equipped with exhaust control 

systems tha t reduce hydrocarbon emissions by about 65% and carbon monoxide 

emissions by about 50%, according to the HEW report.

a perm an en t solution possible

On this basis, even the adoption of California-type legislation by all of the 

other sta tes would not solve the vehicular pollution problem; it would merely 

permit a doubling of the number of autom otive vehicles without any increase in
CLEAN AIR ACT AMENDMENTS OF 19 66 121

the present level of pollution, admittedly too high. Population projections 

indicate th at a doubling of the number of vehicles can be anticipated within a 

relatively few years, and autom otive pollution will rise accordingly.

Members of the American Public Powe r Association are deeply interested in 

what appears to offer a solution to a major part of the automotive pollution 

problem—the electric battery-powered vehicle. Although it is not likely that 

battery-powered automobiles would completely replace combustion-powered vehicles, the ai r pollution problem would lie materially alleviated by the widespread use of battery-powered automobiles and trucks.

Development of new types of batteries which are lighter in weight and more 

long-lasting than earlier types has stimulated much inte rest in the batteryoperated vehicle. Our Association has established a new committee to promote 

the electric auto. Battery-powered fork-lift vehicles, golf carts, delivery trucks 

and oth er specialized vehicles are beginning to catch on, particularly in Great 

Britain .

The early development of the automobile proceeded along three principal 

routes—the gasoline-powered engine, the steam engine, and battery-driven electric vehicle. Some of the early manufacturers switched from one type to the 

ot he r; all types had certain advantages.

SIMPL ICITY AND RELIA BILITY NOTED

A description of the battery-powered automobile of the turn of the century 

indicates that it had reached an enviable position. “Evolution of the American 

Automobile” by Daniel D. Gage and Anne C. G arrison in Business Topics, published by Michigan Sta te University, Autumn, 1965 notes th at :

“It was the ultimate in simplicity and reliability, sta rting immediately with 

the turn of a switch, moving silently, increasin g speed with utmost smoothness. 

Anyone could lear n to drive it with finesse in five minutes. Consequently, it 

became identified with lady drivers and older people who were not concerned 

with dash and dreams of glory. Like its upholstery, its public image was dove 

gray. Its top speed did not exceed 25 miles an hour, and its range was limited 

by the need for recharging th e storage batteries every CO miles, eith er at a public 

garage or by means of expensive home equipment. As a passenger car, the 

electric car held on until the first World War, but the electric truck for street 

or in-factory use was revived 25 years la ter .”

The same article notes that after the gasoline inte rnal combustion power 

plant won out over steam and electricity, “for over half a century engineering 

ingenuity has been devoted to improving the piston engine, which is basically 

an over-elaborate and un-satisfactory source of power. It may have been th at 

the challenge of perfecting this imperfect machine attrac ted designing talent to 

it rather than to the steam or electric ca r.”

RESE ARCH EFFORT NEEDED

Wha tever its merits as a source of autom otive propulsion, the gasoline engine 

is choking our civilization with its fumes. While contin uing to perfect this 

“over-elaborate and unsatisfactory source of power” to diminish its contribution to our air pollution, it would be desirable, also, to devote engineering ta len t 

to the battery-driven vehicle, which appears to have many uses in our urbanized 

society today.

A study by the Cornell Aeronautical Laboratory, Inc., at Buffalo, N.Y., last 

year, made for the Commerce Depa rtment, suggested the desirability of two distinct types of vehicles, one for urban use and one for interu rba n highway trave l. 

The Cornell group predicted that a major market for electric automobiles, 

prim arily for urban use, will appear by 19S0. pointing out that the electrically 

powered car creates no air pollution and. perhaps more persuasive to potential 

buyers, has operating costs which are considerably less than those with inte rnal 

combustion engines for stop-and-go driving.

Ju st recently, an interesting suggestion was made by columnist Howard K. 

Smith in the June, 1966, issue of Washingtonian magazine. Declaring th at there 

are dozens of things which we can do about city traffic “when the moment of 

total paralys is and the incidence of lung and throat ailments finally prove tha t 

something must be done.”

One of these could be to provide inner city driv ers with a fleet of driveyourself electric, two-seater carts, which could be driven for a mile, at a speed 

of 20 miles per hour, for each coin put in a slot. “There would be no fumes.
122 CLEAN AIR ACT AMENDMENTS OF 19 66

no imp orta nt accide nts, and no traffic jam s caused by a mere 40 or 50 people 

scat tere d one-apiece in limousines big enough for eight.”

CADILLACS VERSUS IIOR SES

It is certainl y true, as Mr. Smith says in the same column, th at the re are 

few inner citie s today where dista nces were not covered fas ter half a centu ry 

ago in horse-drawn vehicles tha n they are today in Cadillacs.

So one arm of the resea rch effort into the electric vehicle can be directed 

towa rd designing, specifically for urba n use, a vehicle which can transp ort 

people from place to place at rela tively low speed, with ease of stopping and 

sta rting in dense traffic. The design of the vehicle itse lf requ ires an inve stment of tale nt and imagination.

Since there remai n a good number of one-car families in America, and since 

the automobile represents both a convenience and a pleasure vehicle, a great 

deal of work must be done to increase the speed at which a batte ry-d riven auto 

can travel, and to increa se the dista nce which can be trave led with out recharging th e batte ries.

A recent article by Edmund K. Falterm aye r, appeari ng in the November, 1965 

issue of Fortun e magazine, repo rted th at Yardn ey Electric Corp, of New York 

City has fitted up a special Ren ault Dauph ine with lightweigh t batteri es th at 

can propel it at speeds up to 55 miles an hour, and up to 80 miles on a charge. 

“The catch is th at these are military-type silver-zinc batteri es costing $3,000.” 

Nevertheless, Mr. Fal terma yer added, several companies, including Yardney and 

General Dynamics Corp, are pushing ahea d in the search for batteries tha t would 

cost only a fraction of this.

Mr. Falter mayer concludes th at while a batte ry-op erate d car suitabl e for 

long journeys is a long way off, a smaller version might be availabl e in a few 

years. Perh aps he was overly pessimistic, in view of progress which could be 

made if an all-out research effort were launch ed to develop smaller, lighter, and 

more powerful batte ries. The fuel cell may offer an even more promising field 

for fu rth er research.

FUE L CELLS HOLD PROMISE

William T. Reid, of Battelle Memorial Ins titu te, who is servin g as coord inato r 

of a broad rese arch program on fuel cells, decla red in a recent art icle th at the 

gre atest promise in providing elect rical power for an automobile comes from 

the fuel cell. Although fuel cells are not being used commercially, Mr. Reid 

reported th at they are being used exper imentally for powering fork- lift truck s, 

golf carts, and the like.

From the standpoi nt of electric utilities, Mr. Reid noted th at the hydrogenoxygen fuel cell, which presently has reached the highe st level of development 

of any type of fuel cell, would run on the products of electrolyzed water, thus 

opening up the possibility of an eletr olyzer in each home garage, or in service 

stat ions in residen tial areas.

Batteries prese ntly available c anno t be used effectively in automobiles because 

they are too heavy and too costly, Mr. Reid said in the same article. Bu t he 

suggested th at improvements can be att ain ed in lead-acid batteri es—improvements which battery manuf act ure rs have not been forced to make in the past 

because the ir pres ent produ ct meets the requ irem ents of the pres ent marke t. 

“Here is one are a where research migh t make a ma jor contribution,” Mr. Reid 

declared. “Anoth er would be r esea rch and development leadin g to a wholly new 

secondary bat tery based on one of the l ight metals such as lithiu m, sodium, magnesium, or calcium with a nonaqueous elect rolyte.” He added th at this would 

be no e asy task but, if successful, it would pay great dividends for oth er electrical 

storage systems as well as for e lectr ic automobiles.

Mr. Re id’s artic le concluded t ha t r egenerative braking, traction motors specially 

designed for automobiles, controls, and aux iliaries all will need considerable 

development. In each of these areas, resea rch could be justified leading to a 

final, p ractica l proto type of an electric automobile.

NEW BATTERIES DEVELOPED

Within the pas t year, two new types of elect ric storage bat teries have been 

announced. In December. 1965, the Edison Electric Insti tut e and General Dynamics announced a prototype zinc- air bat ter y expected to be ready for testing 

soon. In Febru ary of this yea r Gulton Industr ies, Inc., announced the successful
CLEAN AIR ACT AMENDMENTS OF 19 66 1 2 3

demonstration of a lithium battery th at will be subjected to furth er development 

work. During the past decade, the trad itio nal lead-acid battery found in every 

automobile and the ind ustrial nickel-iron battery developed by Edison have been 

joined by the nickel-cadmium, nickel-silver, silver-zinc, silver-cadmium and 

mercury batteries . Developmental work also is going forward on sodium 

batteries.

An article on developments in electrochemical energy-conversion devices, batterie s and fuel cells, by Dr. M. Barak of Chloride Technical Services Ltd., 

Swinton, Manchester, England, summarized recent progress in England, where 

battery powered delivery trucks are extensively used, and where passenger 

vehicles are being designed for battery operation.

Dr. Barak concludes that development work must continue in the direction of 

lightweight fuel cells with higher outputs, lightw eight trac tion motors, and 

possibly high-speed transmission before fuel-battery electric cars can become 

a practical reality.

He reported that over 100,000 electrically propelled vehicles are in operation 

in Grea t Britain, including industrial trucks used to transp ort materials and 

products in factories, commercial vehicles, mining locomotives, and so on.

A MIL LIO N ELECTRIC CARS PREDICTED

The Elec tricity Council in Britain more recently predicted that within 10 

years a million battery-driven automobiles will be in operation. There are four 

small electric cars being tested on London s treets as a re sult of the Council’s campaign to promote the electric vehicle—two B ritis h Motor Corporation “Mini” cars, 

with the gasoline engine replaced by batteries and an electric motor, and two 

which are specially designed for electric operation by Scottish Aviation and 

Peel Engineering, according to a dispatch from London which appeared recently 

in the Chicago Tribune.

The Scottish Aviation model, called the Scamp, and the Peel car, called the 

Trident, are expected to cost less than $1,000 when mass-produced. They can 

go only about 30 miles between recharging, at a top speed of about 40 miles an 

hour. Batteries weigh about 700 pounds in the two-passenger models.

The Electric ity Council predicted that eventually parking meters will be wired 

to recharge batteries, although recharging would he done in g arage sockets during 

night, using off-peak electric rates, in most cases.

It seems highly important to pursue the design of vehicles specifically for b attery operation, as the British are doing. This approach may resu lt in vehicles 

which are most suitable for specific uses, e.g., commuter trav el to and from large 

cities, as well as in vehicles which make the most efficient use of battery power. 

Obviously the breakthrough to wide-scale use of electric vehicles will not come 

as a result only of fitting up standa rd model cars for battery operation. And a 

real brea kthrough in terms of consumer acceptance must come if the batteryoperate vehicle is to have an impact on the a ir pollution problem.

FEDERAL FUN DS FOR BATTERY RESEARCH

There are about 15 Federal agencies funding a tota l of 86 projects in battery 

research. Of these. 21 are being perform ed in government laboratories. 14 are 

being performed by 10 universities, and 51 by 24 industrial companies. Manufacturing corporations also are conducting research.

The Tennessee Valley Authority purchased a battery-operated electric car in 

1961 for study and evaluation of the jxissible electric utility load buildup that 

could occur from public acceptance of such a vehicle. The car is a Renault 

Dauphine, with electric motor and batteries substituted for the gasoline engine.

Afte r a series of tests on the car. which is called the Henney Kilow att, it was 

concluded that commercial feasibility of the electric c ar “must await a substantial 

improvement in performance capability, partic ularly in the capacity to travel 

longer distances.” A need for “major advances in storage battery technology” 

was noted in TVA’s repo rt on the Henney Kilow att, hut it was pointed out that 

resea rch being carried out in connection with the national space program could 

make such advances possible.

In 1961, the Lead Industries Association of New York launched a campaign 

to increase th e use of storage batte ries as a source of electric power for ind ustrial 

trucks, personnel c arriers and other vehicles. The Association estim ated that the 

electricity consumption of a single electric industrial truck would be 7,500 kilo-
124 CLEAN AIR ACT AMENDMENTS OF 19 66

wa tt hours p er year, or more than five times a s much as is used by a window airconditioner. This gives an indica tion of the importance of the electric vehicle 

to an operating util ity, par ticu larl y when we consider th at the bulk of the recharg ing load would come du ring the night, when other loads would be very low. 

Several electric util itie s have launched sales promotion campaigns to sell electric 

trucks , according to an article in the Aug. 23, 1965 issue of Elec trical World magazine.

R. & I). SU rPO RT REQUIRED

A leadin g propon ent of electric autos to combat ai r pollution has been the 

Elect ric Storage Ba ttery Company. The pres iden t of this firm, M. G. Smith, has 

called upon the Pres iden t to “make recommendations for resea rch and development of all kinds of non-polluting devices and spell out wha t both the Federal 

government and private indu stry should do to get those devices bui lt and used— 

unive rsally an d in the leas t possible time.”

Mr. Smith declare d th at non-polluting, battery-pow ered vehicles for low-speed, 

low-mileage urb an transp ortation are feasible ri gh t now.

This brief summa ry of developments is not intended to be comprehensive, but 

merely to indicate th at there is widespread inte res t in the electric vehicle and 

a recognition th at it can sub stan tially reduce the ai r pollution problem, if it is 

used a s an a lter nat ive to the gasoline-powered car in urba n a reas.

Widespread use of electric vehicles would requ ire increas ed generation of 

electric power in orde r to re-charge the bat teri es of electric vehicles. In this 

connection, the question of ai r pollutio n from electric gene ratin g pla nts will be 

raised, and should be raised, in assessing the tota l impact of the use of electric 

vehicles on the pollution problem.

Unlike gasoline burni ng automobile engines, modern electr ic gene ratin g stati on 

do not produce carbon monoxide, and the gas from stations is discharged into 

the upper atmosphere, not at street level where it direc tly conta mina tes the air 

people breath e. Furt herm ore, utiliti es now have very sophi sticated equipment 

for controlling pollution.

In general, it would seem easie r to reg ulate the disch arge from a few hundr ed 

large gene ratin g pla nts than from millions of automobiles. The tren d towa rd 

construction of larg er plant s, in more remote locations, will fac ilit ate the regu lation of g enera ting plant pollution. Increasing use of nuclear fuel also will reduce 

the poten tial pollutio n fro m g enerating plant s.

The members of our Association are fully aware of the pollution problem, 

as it is affected by the b urnin g of fuels to produce e lectricity, and I am confident 

th at they will cooperate in any reasonable plan to reduce or elim inate such 

pollution.

In addition to establishing a special committee to promote gre ate r resea rch 

which will lead to a “brea kthrough” in mass mar kets and mass produc tion of 

electric automobiles, our Association, at its annual Conference in Boston earlier 

this yea r adopte d the following resolu tion by unanim ous vote on May 12, 1966: 

“electr ic ve hicl es

"Whe reas battery-powered passe nger and oth er vehicles offer an altern ativ e 

to vehicles powered by combustion engines, which crea te severe air pollution 

problem s; and

“Whereas resea rch currently under way indic ates th at economically feasible 

battery -powered vehicles can be developed with in the near futur e if the electric 

indu stry and man ufa cturers push fo rwa rd with an aggressive program of research 

and development; and

“Whe reas the electric vehicle promises to provide an excellent off-peak load 

for electric utiliti es : Now, there fore, be it

“Resolved, Th at the American Public Power Association urges a large-scale 

resea rch and development effort to bring the electric vehicle to the mar ket. ”

APPA hopes th at your Committee, in atta cki ng the most pervasive source of 

ai r pollution, will recommend the kind of large-s cale research and development 

effort neces sary to make available a pollution-free means of transp ortation for 

our urb an areas.

Our Association urges the comm ittee’s suppo rt for a two-pronged resea rch and 

development effort. Such an effort would include both design of new vehicles 

suite d for battery opera tion and development of lighte r, longer-la sting, and less 

expensive batteri es which can power t he vehicles of the future.
CLEAN AIR ACT AMENDMENTS OF 19 66 125

Commonwealth of Pennsylvania,

Department of Health, 

Harrisburg, Pa., August 18, 1966.

Hon. Harley O. Staggers,

Chairman, House Committee on Inters tate and Foreign Commerce, Rayburn

House Office Building, Washington, H.C.

Dear Mr. Staggers : I have been informed that your Committee will soon hold

hearings on H.R. 13199. The proposed amendments to the “Clean Air Act”, provided for in this bill, can have a significant effect on governmental air pollution 

control efforts throughout the Nation. At a recent meeting of the American 

Industrial Hygiene Association, the Director of the Pennsylvania Department 

of Health’s Division of Air Pollution Control made the following comments with 

respect to this proposed legislation.

“A bill introduced at this Session of Congress (H.R. 13199, introduced by Mr.

Staggers on March 2, 1966) would permit gra nts to state and municipal agencies 

• ‘up to one-half of the cost of m aintaining programs for the prevention and control

of air pollution.’ The enactment of this bill would alle viate some of the inequities 

of the present gra nt program. It would be impo rtant, though, that the Public

Health Service regulations, developed for awarding gra nts for maintaining programs, not inte rfere with the autonomy of these programs. ‘Maintenance g ran ts’ 

t should not be aw arded on a ‘project’ basis. The individual development of state

and municipal programs should not be inhibited by regu lations which would 

have the Federal Government specify how these programs should be operated.

“ ‘Maintenance grants’ should be awarded on a ‘formula’ basis. The amount 

of Federal suppo rt to be given to a state or municipal program should be based 

upon the judicious application of criteria which are related to the extent and 

nature of the air pollution problems under the jurisdiction of the g rantee agency.

“At the present time air pollution control concepts, both technical and administrativ e, are rapidly changing. It is a time to ‘let a hundred flowers bloom’. 

No single agency has sufficient ability or knowledge to prescribe the adminis trative techniques which should be used by various sta te and local ai r pollution 

agencies in controlling the many and varied problems they face.”

The Pennsylvania Air Pollution Control Act of 1969 authorized the creation 

of one of the first sta te level programs in the Nation. This program is administere d by the Pennsylvania Department of Health. The Departm ent first 

became involved in air pollution control in 1949 when this activity was esta blished 

in our Division of Occupational Health. After the passage of the 1960 Act, a 

Division of Air Pollution Control was created in the Depa rtment. During our 

relatively long experience in this activity we have worked closely w ith the Federal 

program and other state and local programs. It has been our experience and 

it is our firm belief tha t, to he effective, governmental ai r pollution control programs must be operated by an agency which is not physically, politically or 

socially distant from day-to-day contacts with local air pollution problems. We 

believe that the Federal Government should develop broad Natio nal goals and 

a program of technical support. It is also important that Federal activities 

insure t ha t—

(1) The importance and effectiveness of local control programs is 

recognized.

< (2) Real supj)ort is given to encourage the development of local programs.

(3) The ability of local officials to operate a program to the full extent 

of their competence, resources and local needs and desires, is not inte rfered 

with.

The program gra nt provisions of the “Clean Air Act” were designed to provide

« real support to local and sta te agencies. The implementation of these provisions

has had a significant effect on the development and expansion of local and state 

efforts. We believe, though, that the regulations developed by the Public H ealth 

Service for the adm inistration of this program were, in some areas, un fai r and 

to a degree interfered with local autonomy. Specifically we object to the provisions of the regulations which requ ire “new money” to match Fed eral funds 

and the awarding of grants on a “pro ject basis”.

As indicated in the above statement, the “maintenance grants” provisions of 

H.R. 13199 “would alleviate some of the inequities of the p resent grant p rogram”. 

To insure that the adm inistration of the maintenance grant program is carried 

out on an equitable basis, we believe th at it should be clearly stated th at the
126 CLEAN AIR ACT AMENDMENTS OF 19 66

legislative intent of the bill is to p ermit full local autonomy in program development. The awarding of main tenance gra nts on a “project basis” by the Public 

Health Service should be discouraged.

I request that a copy of this lette r be included in the record of the Committee 

hearings.

Very truly yours,

C. L. Wilbar, Jr., M.D.,

Secretary of Health.

(W hereup on, at 11 :20 a.m., the subcomm ittee recessed, to reconvene 

subject to the call of the Ch air.)