(b) "Application for Injunctions." In addition to any other remedy at law or in equity or under the ordinance, the City of Philadelphia may apply to any Court of Common Pleas of Philadelphia for relief by injunction to enforce compliance with or restrain violations of any provisions of the ordinance or any regulations of the Air Pollution Control Board made pursuant thereto. (c) The penalties and remedies prescribed in this ordinance shall be deemed concurrent and cumulative and the existence or exercise of any one remedy herein shall not prevent the Departments, Boards, or Commissions of the City or any affected person from exercising any remedy hereunder. SECTION 11. "Severability." (a) The provisions of this ordinance are severable and if any provision, sentence, clause, section, or part thereof shall be held illegal, invalid or unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of the ordinance or their application to him or to other persons and circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid or unconstitutional provision, sentence, clause, section, or part had not been included therein and if the person or circumstances to which the ordinance or any part thereof is inapplicable had been specifically exempted therefrom. SECTION 12. "Repeals." The "Air Pollution Control Ordinance" adopted June 25, 1948, and amended by the ordinance of June 22, 1949, is hereby repealed. SECTION 13. "Short Title." The short title of this ordinance shall be "The Air Pollution Control Ordinance." Certification. This is a true and correct copy of the original Ordinance approved by the Mayor on the ninth day of March 1954. WILLIAM W. FELTON, The CHAIRMAN. Our first witness is Dr. McCabe. Now, Dr. McCabe, you proceed in your own way, and then we will ask you questions. STATEMENT OF DR. LOUIS C. MCCABE, CHIEF, FUELS AND EXPLOSIVES DIVISION, BUREAU OF MINES, DEPARTMENT OF THE INTERIOR Dr. MCCABE. My name is Louis C. McCabe. I am Chief of the Fuels and Explosives Division of the Bureau of Mines, Department of the Interior. Prior to that, I was Chief of the Office of Air and Stream Pollution Research, in the Bureau of Mines. In addition to my duties in this capacity, I am a member of the American Chemical Society, committee on air pollution; chairman of the American Society for Testing Materials, committee on atmospheric sampling and analysis. I am a member of the Industrial Hygiene Foundation, committee on air pollution; also, a member of the American Medical Association, committee on industrial health. I was the first director of the Los Angeles County Air Pollution Control District. I went out there in 1947 from the Bureau of Mines, and stayed 2 years, until 1949, returning to the Bureau of Mines at that time. At present I am a consultant for the Los Angeles County Air Pollution District. The CHAIRMAN. Will you yield just a moment, please? I just want to say that we have with us Congressman Edward Hiestand of the 21st District of California, who is vitally interested in this subject also. And I expect there will be other Congressmen along shortly, because California is very much interested in this project. Suppose you proceed, Doctor. Dr. MCCABE. I am chairman of the Federal Interdepartmental Committee on Atmospheric Pollution; and contributing editor on air pollution, Industrial and Engineering Chemistry, a monthly journal of the American Chemical Society. In that capacity, I write a monthly column on atmospheric pollution. I have a prepared statement, Mr. Chairman, with regard to the bill. and some comments of my own with regard to it. Research on problems of air pollution generally fall into three categories: (1) Research on health hazards; (2) the development of engineering measures for reducing the discharge of contaminants to the atmosphere; and the identification, control and prevention of injury and disease to farm crops and livestock induced by atmospheric contamination. Historically, the first category has been the province of the Public Health Service of the Department of Health, Education, and Welfare; the second is in the province of the Bureau of Mines, Department of the Interior; and the third is properly in the field of the Department of Agriculture. It is my belief that research in air pollution could be and should be by the joint efforts of these three agencies, where such joint effort is applicable. The problem of atmospheric pollution has become increasingly serious in recent years. Industrial production during the last decade has grown tremendously. The expansion of plants and the development of new industrial communities have been accompanied by increasing discharge of smoke, fumes, and industrial wastes in the vicinity of populous communities. Surveys in recent years indicate that smoke damage alone costs more than $12 billion a year. Because of this mounting concern over the problem of atmospheric pollution, the President addressed a letter on December 10, 1949, to the Secretary of the Interior, requesting him to organize an interdepartmental committee to call the first United States Technical Conference on Air Pollution. In his letter, the President stated: The contamination of the atmosphere and its potential adverse effects on health, industry, agriculture, and natural resources are causing wide concern. The agencies of the Federal Government are being called upon to assist private, State, and municipal interests in finding a solution of air-pollution problems. The United States Technical Conference on Air Pollution was held in Washington on May 3, 4, and 5, 1950, and was attended by over 750 outstanding scientists and representatives of universities, private industries, cities, and Federal, State, and local governments from the United States, Great Britain, Canada, and other countries. Some 95 papers were presented before the several panel meetings covering the health, meteorological, equipment, legislative, agricultural, and instrumentation and chemical aspects of the problem. The conference adopted a proposal that the Federal Government help in the solution of air-pollution problems. The volume Air Pollution, which I have here, Senator, is the proceedings of the conference. The CHAIRMAN. That conference was held when? The CHAIRMAN. And who attended? Dr. MCCABE. It was by invitation to industries, representatives of State and municipal governments, universities, and Federal agencies. The CHAIRMAN. Was this book published by the Federal Govern ment? Dr. MCCABE. No, sir; we didn't have the funds to publish it. We invited three publishers to bid on it, and McGraw-Hill The CHAIRMAN. How many books were published? Dr. MCCABE. Three thousand five hundred, sir. The CHAIRMAN. And how many people attended this conference? Dr. MCCABE. Seven hundred and fifty, sir. The CHAIRMAN. Does this book cover pretty much their discussion? Dr. MCCABE. Yes, sir; it is a verbatim record. The CHAIRMAN. And nothing came of it; is that it? Dr. MCCABE. No, sir; the recommendation that the Federal Government assist in research, and so on, has not been activated, and that was the resolution taken by the conference. The CHAIRMAN. In other words, the Federal Government did not do it? Dr. MCCABE, No, sir. The CHAIRMAN. Was that the only recommendation made? Dr. MCCABE. No, sir; there were several other recommendations made with regard to health, the control of air pollution, and so on. The CHAIRMAN. The recommendation to the Federal Government was primarily that they assist in engineering and technical Dr. MCCABE. Yes, sir; it is the general feeling of everyone, I think, and I am sure the Federal agencies agree, that the Federal Government has no part in local control and enforcement. That is a local problem. Unless it involves interstate or international boundary problems. The CHAIRMAN. Do you agree with us that the Federal Government might well insure the mortgages for the necessary facilities or equipment to eliminate smoke in factories and processing plants? Dr. MCCABE. Personally, sir, I think that is a good approach to it. I think it would give impetus to it. The CHAIRMAN. Do you agree that anyone who would eliminate their smoke might well have a 5-year tax amortization on the cost of facilities? Dr. MCCABE. I feel that is a constructive approach. The CHAIRMAN. In other words, there are two things that the Federal Government could do that you feel would be helpful? Dr. MCCABE. Yes, sir; speaking as an individual. The CHAIRMAN. Do you happen to know why cities in the past and the Federal Government in the past have failed to take the necessary action to eliminate this hazard? Dr. MCCABE. I think the big factor is the problem of cost, expense of equipment and control facilities. The CHAIRMAN. You think it has been primarily due to lack of funds and lack of the proper facilities? Dr. MCCABE. Yes, sir. The CHAIRMAN. Would you say more so than the lack of engineering skill or technical knowledge to do it? Dr. MCCABE. In some areas the engineering skill is not available. It is a matter of development. Certainly, as new processes come along that we don't know too much about. But in recent years the problem has become more severe because industrial communities have become so large and they have reached the point of saturation of their atmospheres. But I think the economic factor is the great factor that has hindered development of facilities to prevent air pollution. The CHAIRMAN. You think it is just the lack of funds to do the job? Dr. MCCABE. Yes, sir; I think so. The CHAIRMAN. Do you think perhaps that is where the Federal Government ought to help? Dr. MCCABE. I think it is an important area. The CHAIRMAN. Maybe not to furnish the money, but to guarantee the mortgage. Dr. MCCABE. I think that is a constructive approach. The CHAIRMAN. Do you have any suggestions of a better way of doing it? Dr. MCCABE. No, sir; I don't know of any other way. We have given consideration to this for many years, those of us who have been working in this field. The CHAIRMAN. Let's suggest at this point that anyone interested in this subject read Louis McCabe's book on Air Pollution, published by McGraw-Hill, which is a report of the proceedings of the United States Technical Conference on Air Pollution. it? Dr. MCCABE. That was published in 1952, sir. The CHAIRMAN. By McGraw-Hill. Does that properly identify Dr. MCCABE. Yes, sir. I was the editor of the volume, Senator. It includes the work of many authors and many workers in this field. The CHAIRMAN. In other words, we recommend that anyone interested in this subject should secure this book and read it. We will make that suggestion part of the record. Suppose you proceed, then. Dr. MCCABE. Yes, sir. The Bureau of Mines has frequently been called upon by State and local governments, and by private industry, for assistance in preventing atmospheric pollution. It has a staff of scientists and engineers with special qualifications, training, and experience in dealing with this problem. The CHAIRMAN. You say it does have a staff? Dr. MCCABE. Yes, sir. The CHAIRMAN. Of how many people? Dr. MCCABE. We would have 4 or 5 people. The CHAIRMAN. What is your appropriation? Dr. MCCABE. We have no specific appropriation for air-pollution control. The CHAIRMAN. Would you say that the sum total of the assistance that the Federal Government is giving this problem of smoke and air pollution is 4 or 5 people in your office? Dr. MCCABE. It wouldn't amount to that, full time. It wouldn't amount to over two people full time. The CHAIRMAN. Then, the Federal Government, can we say for all practical purposes, is at the moment doing nothing on the subject? Dr. McCABE. In effect I think that is correct. The Bureau of Mines has participated in the program designed to solve the difficult air-pollution problems of the county of Los Angeles, and the city of Beaumont, Tex., and its laboratories are working on processes to eliminate sulfur dioxide from fumes from mine-waste piles. The Bureau of Mines is now working with the city of Chicago in a revision of its air-pollution ordinance, and has assisted the city of Trenton, Mich., with certain problems of atmospheric contamination. peculiar to that area. About 50 information circulars, reports of investigations, and bulletins, have been published by the Bureau on matters relating to atmospheric pollution during the past 40 years. I have a number of these here, Senator, but it is a rather meager record over 40 or 50 years. The CHAIRMAN. Those are books on what? Dr. MCCABE. On atmospheric pollution; smoke abatement on the Salt Lake The CHAIRMAN. May I see them? Dr. MCCABE. Yes, sir. The CHAIRMAN. Are they Federal documents? Dr. MCCABE. Yes, sir. The CHAIRMAN. Are they the only documents you know of available on this subject? Dr. MCCABE. No, sir. The Public Health Service has some, which I don't have here. But I believe this is our latest publication. The CHAIRMAN. I am going to suggest that the staff take these documents, and have them listed in the report, not printed but listed in such a way that anyone caring to read them might easily find them. Are they still available? Dr. MCCABE. Some of them are now out of print. The more recent ones are available. The CHAIRMAN. But you have copies of them? Dr. MCCABE. Yes, sir; they are on file in the United States Bureau of Mines. The CHAIRMAN. Then we will have the record state that Dr. McCabe has a copy of each of these documents that we will list in the report if anyone cares to read them. Dr. MCCABE. These activities and the problems arising from them have long been recognized as being within the peculiar province of the Bureau of Mines, since air pollution may result from the burning of fuels, the smelting of ores, the refining of petroleum, the operation of internal combustion engines, the mining and processing of fuels and building materials and related activities. In the 83d Congress, Mr. Poulson, who is now mayor of Los Angeles and who, of course, is very vitally concerned with this problem, introduced House Joint Resolution 174, which provides, we feel an approach to the solution of this important phase of the air-pollution problem. The CHAIRMAN. Would you say that again, please? Who did what? Do you have a copy of your statement? Dr. MCCABE. Yes, sir. The CHAIRMAN. May I have it? Then I won't have to ask you so many questions. Dr. MCCABE. House Joint Resolution 174, 83d Congress, 1st session, introduced by Mr. Poulson, provides a realistic approach for the solution of this important phase of the air-pollution problem. |