An Act to prevent, abate , and control air pollution in the District of Columbia, and for other purposes
PL 90-440 (S.1941), enacted 07/30/1968

458 
PUBLIC LAW 90-440-JULY 30, 1968 
[82 STAT. 
Public Law 90-440 
July 30,1968 
AN A C T 
I^S-1941] 
T o prevent, a b a t e , a n d control a i r pollution in t h e D i s t r i c t of Columbia, 
a n d 
for o t h e r purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
District of 
United States of America In Congress assembled, 
Columbia Air 
Pollution Control 
Act. 
SHORT TITLE 
SECTION 1. This Act may be cited as the "District of Columbia Air 
Pollution Control Act". 
Minimum 
standards. 
81 Stat. 494. 
Review and re-
Federal property 
DECLARATION OF PURPOSE 
SEC. 2. It is the purpose of this Act to enable the District of Colum-
bia Council and the Commissioner of the District of Columbia to take 
such action (including the adoption of air pollution control regula-
tions of the type proposed in the model air pollution control ordinance 
adopted by the Metropolitan Washington Council of Governments) as 
may be necessary to protect and enhance the quality of the District of 
(Columbia's air resources so as to promote the public health and welfare 
and the productive capacity of its population; to foster their comfort 
and convenience; and to increase the enjoyment of all of the attractions 
of the Nation's Capital. 
EMISSION AND AIR QUALITY STANDARDS ESTABLISHED BY T H E 
DISTRICT 
o r 
COLUMBIA 
COUNCIL 
SEC. 3. (a)(1) The District of Columbia Council (hereafter referred 
to in this Act as the "Council") shall prescribe (A) within six 
months after the date of the enactment of this Act regulations to 
control emissions in the District of Columbia of substances into the 
atmosphere, and (B) such other regulations to protect and improve 
air quality in the District of Columbia as it determines are neces-
sary to carry out the purposes of this Act. 
(2) In carrying out clause (A) of paragraph (1) of this subsection, 
the Council shall prescribe regulations for the control of the following 
air pollution problems in the District of Columbia: 
(A) combustion of fuels at stationary sources, 
(B) solid waste disposal and salvage operations, 
(C) visible emissions, 
(D) process emissions, and 
(E) 
emissions from motor vehicles (including diesel driven 
vehicles). 
The provisions of such regulations shall be at least as stringent as the 
provisions of the recommendations made by the Secretary of Health, 
Education, and Welfare for the control of such problems and con-
tained in his recommendations for abatement of air pollution in the 
National Capital metropolitan area presented in January 1968 to the 
interstate air pollution abatement conference called under section 
105(d) (1)(C) of the Clean Air Act (42U.S.C. 1857d). _ 
(3) The Council may review and make such revisions of regula-
tions prescribed under this Act as it determines are necessary to 
carry out the purposes of this Act, except that any regulation pre-
scribed under clause (A) of paragraph (1) of subsection (a) shall 
be so reviewed at least once every two years. 
(4) The regulations prescribed by the Council under this Act 
shall apply to any building, installation, or other property, which 
is located in the District of Columbia and which is under the juris-
82 STAT. ] 
PUBLIC LAW 90-440-JULY 30, 1968 
459 
diction of any department, agency, or instrumentality of the United 
States Government, only to the extent provided in Executive Order 
11282 of May 26, 1966, any other Executive order of the President, 
and any Federal regulations, issued to carry out section 111 of the 
Clean Air Act (42 U.S.C. 1857f). 
(5) The Council may impose in any regulation prescribed under 
this Act a fine (not to exceed $300) or imprisonment (not to exceed 
ninety days), or both, for a violation of such regulation; and may 
provide that if such violation is a continuing one, each day of such 
violation shall constitute a separate offense. 
(b) In the formulation of any regulations under this Act, the 
Council shall afford interested persons an opportunity to participate 
in the formulation of such regulations through submission of written 
data, views, or arguments with opportunity to present oral testi-
mony and argument. The Council shall make its regulations under 
this Act on the basis of the record established in proceedings held 
pursuant to this subsection. 
42 
note. 
81 
use 
Stat. 
1857f 
499. 
Penalties. 
Public partici-
pation. 
AIR POLLUTION CONTROL PROGRAM FOR T H E DISTRICT OF COLUMBIA 
SEC. 4. (a) The Commissioner of the District of Columbia (here-
after referred to in this Act as the "Commissioner") shall take such 
action as may be necessary to prepare a comprehensive program for 
the control and prevention of air pollution in the District of Columbia. 
Such program shall provide for the administration and enforcement 
by the Commissioner of the regulations pr ascribed by the Council 
under section 3 of this Act. As part of such program, the 
Commissioner— 
(1) shall conduct research, investigations, experiments, train-
ing demonstrations, surveys, and studies, relating to the causes, 
effects, extent, prevention, and control of air pollution in the Dis-
trict of Columbia; 
(2) shall collect and make available, through publications, 
educational and training programs, and other appropriate means, 
the results of, and other information pertaining to, the activities 
carried out under paragraph (1); 
(3) shall establish, m accordance with such regulations as the 
Council may prescribe, such procedures as may be necessary to 
enable him (acting by himself or with air pollution control agen-
cies of surrounding jurisdictions) to effectively deal with an air 
pollution emergency; and 
(4) may advise, consult, cooperate, and enter into agreements 
with the governments and agencies of any State or political sub-
division thereof adjacent to the District of Columbia and any 
interstate or other regional agency representing any such State 
or political subdivision to (A) establish cooperative effort and 
mutual assistance for the prevention and control of air pollution 
and the enforcement of their respective laws relating thereto, and 
(B) establish such agencies as may be necessary to carry out 
such agreements. 
(b) For the purpose of carrying out his duties under this Act, the 
Commissioner may— 
(1) delegate the performance of such duties to an agency of the 
government of the District of Columbia, designated or established 
by him; 
(2) issue such orders as may be necessary to enforce the regula-
tions prescribed by the Council under this Act and enforce such 
orders by all appropriate administrative and judicial proceedings, 
including injunctive relief; 
Duties of 
Commissioner. 
Emergency 
powers. 
Cooperation 
with adjacent 
jurisdictions. 
Delegation of 
authority. 
Enforcement. 
460 
PUBLIC LAW 90-441-JULY 30, 1968 
[82 
STAT. 
(8) hold hearings relating to the administration of this Act; 
(4) secure necessary scientific, technical, administrative, and 
operational services, including laboratory facilities, by contract, 
or otherwise; 
(5) receive and administer grants or gifts made for the purpose 
of carrying out the purposes of this Act; and 
(6) take any other action which may be necessary to carry out 
his duties under this Act. 
D.C. Court of 
Appeals, jurisdic-
tion. 
77 Stat. 485; 
78 Stat. 633. 
"Agency ac-
tion." 
80 Stat. 383. 
JUDICIAL REVIEW 
SEC. 5. Section 11-742(a) of the District of Columbia Code is 
amended— 
(1) by striking out "and" at the end of paragraph (9), 
(2) by striking out the period at the end of paragraph (10) 
and inserting in lieu thereof "; and", and 
(3) by adding after paragraph (10) the following: 
"(11) Any agency action taken by the Commissioner of the 
District of Columbia or the District of Columbia Council under 
the District of Columbia Air Pollution Control Act. 
For purposes of paragraph (11) of this subsection, the term 'agency 
action' shall have the same meaning that is given that term in section 
551(13) of title 5 of the United States Code." 
49 Stat. 653. 
REPEAL OF ACT OF AUGUST 15, 193 5 
SEC. 6. Effective on the one hundred and eightieth day following 
the date of the enactment of this Act, the Act approved August 15,1935 
(D.C. Code, sees. 6-801—6-804), is repealed. 
Approved July 30, 1968. 
July 30, 1968 
[S.3456] 
Public Law 90-441 
AN ACT 
To provide that the prosecution of the offenses of disorderly conduct and lewd, 
indecent, or obscene acts shall be conducted in the name of and for the bene-
fit of the District of Columbia. 
D.C. 
Disorderly 
and obscene acts. 
Be it enacted hy the Senate and House of Bepresentathes 
of the 
United States of America in Congress assembled^ That, notwithstand-
ing section 932 of the Act approved March 3, 1901 (31 Stat. 1340), as 
amended (D.C. Code, sec. 23-101), prosecutions for violations of sec-
tions 5 and 6 of the Act approved July 29, 1892 (27 Stat. 323), as 
amended by the Act approved July 8,1898 (30 Stat. 723), and section 
210 of the Act approved June 29, 1953 (67 Stat. 97; D.C. Code, sec. 
22-1107), relating to disorderly conduct, and for violations of section 
9 of such Act approved July 29,1892, as amended by section 202 of such 
Act approved June 29, 1953 (67 Stat. 92; D.C. Code, sec. 22-1112), 
relating to lewd, indecent, or obscene acts, shall be conducted in the 
name of the District of Columbia by the Corporation Counsel or his 
assistants. 
Approved July 30, 1968.