extend it to all cases which it might possibly reach. Dealing with practical exigencies, the legislature may be guided by experience. (Patsone v. Pennsylvania, 232 U. S. 138, 144, 58 L. ed. 539, 543, 34 Sup. Ct. Rep. 281.) It is free to recognize degrees of harm, and it may confine its restrictions to those classes of cases where the need is deemed to be clearest. As has been said, it may ‘proceed cautiously, step by step,' and 'if an evil is specially experienced in a particular branch of business' it is not necessary that the prohibition 'should be couched in all-embracing terms.'" However, we are informed by the air pollution control district engineers that there is no device on the market as yet which will reduce or eliminate the emission of fumes from motor vehicles. One device is being tested, another is still in the designing stage. It is not known whether either will work. Neither is it known how long it will be before some such device, after being proved practicable, will be available commercially. Until such a device is perfected and on the market, any rule requiring the use of the device is arbitrary, capricious, and void, unless the hazard to life and property is so great that a rule would be justified forbidding the sale or use of motor vehicles in this county. From the facts given to us, the board could conclude that there is no such emergency now in Los Angeles County. Once a satisfactory device is perfected, shown to be effective for the purpose and practicable in operation, then the regulation proposed could be adopted, allowing sufficient time before it becomes effective to get the device on the market in reasonable quantities. As it is impossible to tell when such a device may be invented, or, if invented, when perfected for motor vehicle use and shown to be practicable, no such regulation could be adopted now to be effective at a future date. We conclude that the rule you suggest, with certain modifications, can be adopted when the required device is available, but not until then. Yours very truly, Noted and approved: HAROLD W. KENNEDY, County Counsel. By ANDREW O. PORTER, Deputy County Counsel. HAROLD W. KENNEDY, County Counsel. Mr. KENNEDY. I am the county counsel of the county of Los Angeles. We have an air pollution control district created by the 1947 California Legislature. I was making reference to the situation as it exists, not only in Los Angeles County, but in other parts of the State and would not want the committee to believe that the air pollution problem was exclusively confined to the county of Los Angeles. STATEWIDE PROBLEM I recently attended and testified at a public meeting called by the board of supervisors of Alameda County, which is a large industrial county in the San Francisco Bay area. At that meeting they were determining whether or not to activate an air pollution control district under the 1947 State statute which I had been asked to draft for the board of supervisors of the county of Los Angeles in 1946, and its author Assemblyman A. I. Stewart of Pasadena. At this public meeting in Alameda County, the testimony was that as Alameda County became a large industrial community with a greater aggregate of pollutants, they, too, in time would have a serious air pollution problem. The meteorologists testified at the Alameda County hearing that the whole Pacific coast area is affected by what the meteorologists call an "inversion ceiling." It is a high-pressure area or mass of warm air reaching out into the Pacific Ocean. Apparently, you are familiar with it. In a very practical way, at certain times of the year it creates what might be called a canopy of warm air that holds the colder air, together with the aggregate of pollutants, close to the earth. Sometimes the ceiling will be as low as several hundred feet. Maybe it will be a thousand feet, or fifteen hundred fet. Until there is enough air activity that will create a hole in this ceiling and in effect blow out the basin, then this pollutant is there for an extended period. Two years ago, there was one sustained period of inversion weather where for 21 days there was this peculiar meteorological condition. Last week I addressed a public meeting in the city of San Diego at the invitation of the board of supervisors and the district attorney. The county of San Diego is considering creating an air pollution district, and several civic organizations are recommending one before the problem becomes acute. Here is a copy of the Pasadena Star News of only last Saturday, April 10, 1954. They reported a story that came out of a report from the scientists from Stanford Research Laboratory where a Mr. Paul A. Magill, the technical director, gave the figure at a statewide meeting of the State chamber of commerce, "that smog is costing the Nation $1,500 million a year, or about $50 a family." I would like to have placed in the record this story from the Pasadena Star News. Senator GOLDWATER (presiding). That will be received and made a part of the record. (The article referred to follows:) [From the Pasadena (Calif.) Star-News, April 10, 1954] SMOG COSTS NATION $50 PER FAMILY-INDUSTRY DECLARED HARDEST HIT-STANFORD STUDY POINTS OUT STAGGERING LOSS OAKLAND, CALIF.-Scientists from Stanford University have estimated that smog is costing the Nation $1.5 billion a year, or about $50 a family. Paul A. Magill, technical director at the Stanford Research Laboratory, gave these figures concerning air pollution at the State chahmber of commerce convention here yesterday. Magill said industry had the most to lose by letting the air pollution problem continue without a solution. Valuable industrial materials, especially sulfuric acid went up in smoke every day, he said. He also pointed out that smog has given industry some poor public relations and some people have gone as far as legal action. Surveys in the Los Angeles area, Magill stated, showed that 2,600 tons of materials were going up in smoke daily. Of this amount, 1,000 tons came from auto and truck exhausts. Magill recommended that industry take the lead in air pollution control and then educate the public how best to combat it. LOS ANGELES COUNTY HAS TAKEN MANY STEPS TO ABATE SMOG Mr. KENNEDY. I would like to also make the point that as far as the county of Los Angeles is concerned, we have not come to Government for a grant-in-aid without having taken very stern steps to try to find our own solutions. Up to the present time, since the activation of the air pollution control district in October of 1947, the county of Los Angeles has spent more than $2 million out of its general fund. At the present time, we have 126 employees in the air pollution district. I recite that because in a practical way the pro visions of the Capehart-Kuchel amendment to the bill as a whole will not change the principle that it is the responsibility of government to move forward under its own police power to abate, and as far as activation and enforcement it is a inatter for local determination. FLEXIBILITY UNDER CAPEHART-KUCHEL AMENDMENT The things that would be made possible under the proposed amendments to this bill would fit in very well in not disturbing the principle of local autonomy, in not changing the local responsibility, in not putting the Federal Government in the enforcement business, but the Federal Government would be giving very great assistance to cities, counties, States and special districts. I would like to read into the record a statement from Gordon P. Larson, the director of the Los Angeles Air Pollution Control District, in support of Senate bill 2938: The following information is submitted to show the cost of control equipment installed to reduce atmospheric pollution in Los Angeles County in the past 5 years. The amounts include total costs for a great variety of control devices on virtually every type of industry in this community. NEED OF COOPERATION FROM INDUSTRY As of March 1954, there has been spent, because of the strict enforcement rule of the Los Angeles County Air Pollution Control District, a large amount of money by industry for abatement devices exclusively (these figures which I will give do not include any revised operating costs where they reconstructed their plant, the effect of which might be to reduce the smog pollution). These figures represent cost of special devices such as scrubbers, cyclones and different types of mechanical equipment where industry has been forced, under the strict enforcement policy of the Los Angeles County Air Pollution Control District to make an expenditure from which they receive no revenue. The total to date is $21,104,000. I will ask that that also be placed into the record. Senator GOLDWATER. That will become a part of the record. (The information referred to follows:) Statement in support of S. 2938. CHAIRMAN OF THE SENATE COMMITTEE COUNTY OF LOS ANGELES, United States Senate, Washington, D. C. DEAR SIRS: The following information is submitted to show the cost of control equipment installed to reduce atmospheric pollution in Los Angeles County in the past 5 years. The amounts include total costs for a great variety of control devices on virtually every type of industry in this community: June 1950_. June 1951. $3, 924, 600 6, 661, 900 June 1952-. June 1953__ March 1954__ I trust this material will be of value in your consideration. 10, 839, 000 16, 516, 600 21, 104, 250 GORDON P. LARSON, Director. Mr. KENNEDY. Then, Senator, for such portions of it as the staff officer of your committee would deem advisable, I would like to make reference to a very extended article in the Chemical and Engineering News of March 22, 1954, entitled "Smog Scramble Spans Nation." It deals with the various geographical areas and shows that in addition to California, that in Oregon, in Washington, on the gulf coast, in the East and in the Midwest, there are air pollution problems. Senator GOLDWATER. It will be made a part of the record. (The article referred to follows:) [Chemical and Engineering News, March 22, 1954] SMOG SCRAMBLE SPANS NATION Tons of "hot air" have been generated and released over public annoyance No. 1.-Scientists at least have succeeded in pinning down specific causes, and in some types have achieved high rate of control. Air pollution is receiving more attention than ever before. Residents and politicians clamor for a pure, clean, and healthful atmosphere. Some cities, to be sure, have effected very satisfactory control; others have been much less successful in coping with this problem that follows rising population and industrialization. The problem is far from easy to solve. Contaminants, their sources, climatic conditions, surrounding terrain-all make control an enigma peculiar to each area. Even the experts cannot agree as to what all the pollutants are, whether they are hazardous, and, if so, in what amounts. For many communities it is no longer just a question of smoke, soot, fly ash, and smell from the stockyards. Temperature inversions, photochemical reactions, and hydrocarbon peroxides are new words which have entered the everyday language and indicate the complexity of the situation. People become vitally concerned when reminded of several severe air pollution attacks: the Meuse Valley disaster in Belgium of 1930, when a heavy smog caused 60 deaths; the Donora, Pa., incident of 1948, when 6,000 were made ill and 20 died; the Poza Rica, Mexico, disaster, with 320 hospitalized and 20 dead; the sensational London killer fog of 1952, which chalked up 4,000 deaths. These, however, are the dramatic exceptions, and many a citizen is able to work up more ire over the day-to-day manifestations-eye and throat irritations, poor visibilty, and vegetation and paint damage. Civic, legislative, industrial, and private groups are looking into the problem. Many communities are taking concrete steps toward solution, either through legislation or persuasion. Industry is making great effort in many regions to become a better neighbor. In addition to installation of control equipment and resulting reduction in air pollution, industry is supporting research to determine its effect on pollution. In many cases, it is making conscientious effort to make satisfactory settlements with those who have suffered economic losses. SITUATION IN THE EAST Many eastern cities have good records in reducing air pollution-Pittsburgh, Cleveland, and Cincinnati, to name a few. But last November the most serious smog in years blanketed the area from New England to Virginia. Called "smaze," the pollution was haze (of nonlocal character, New Yorkers say) plus smoke and other local polluters-but humidity remained low until late in the week. Then a combination of smoke, haze, and fog produced a soup that caused widespread irritation, more annoying than dangerous. New York officials who normally claim that smog there "won't burn your eyes" experienced an epidemic of scratchy throats and irritated eyes-and women in Philadelphia and other areas resorted to war-surplus gas capes for protection. In New York, Consolidated Edison Co. uses approximately one-third of all the fuel and one-half of all the coal. The company has been an active advocate of control, and with work completed, underway, and projected, has put over $28 million into control equipment. Marked improvement in all plants is a result. Some experts think that New York is doing only 50 percent as satisfactory a job as it might. Here, as in other areas, polities often hampers control. The department of air-pollution control depends on politicians for appropriations 44750-54-pt. 27 as well as enabling legislation. Ironically, one of the biggest polluters in the area is the city itself. Board of transportation plants, which generate power for the subway system, pour out clouds of black smoke. Officials have frankly explained that their equipment is old. Until recently, no money has been available for installation of smoke equipment. Apartmenthouse oil burners, which in recent years have increased greatly, use No. 6 fuel oil, a heavy, black, viscous fuel which gives off considerable smoke. And-as San Francisco blames East Bay Oakland when the Golden Gate City's usually clean fog becomes contaminated-New York says that a strong contributing factor is effluent of manufacturing area of New Jersey, which prevailing westerlies carry into New York. Several years ago, an interstate sanitation commission was set up for a joint study. The advisory commission was doomed to failure as New Jersey never did divvy up its $30,000 portion. In New York City, some say that smog will never be eliminated until money is spent on the same scale as for other public-health problems. The department of air pollution has 30 inspectors, a chemical staff of 4, a meteorologist, and 7 technicians. Inspectors can inspect and issue summonses and warnings. Lab staff checks various pollution indexes, investigates pollution problems requiring technical knowledge, acts as experts in court cases, and does some research. Three general indexes of air pollution used are soot fall (varying from 30 to 150 tons per month per square mile), and levels of carbon monoxide (0.04–0.2 p. p. m.), and sulfur dioxide (in "smaze" of last November, sulfur dioxide level was 0.86 p. p. m.). Consistently high levels of sulfur dioxide corrode buildings and monuments, marble and limestone being severely attacked. Typical of the many companies doing an outstanding job is Du Pont. It considers pollution abatement of major importance and long ago decided that it should have continuous study of the type applied to safety and fire prevention. As of last October, Du Pont expenditures on air- and water-pollution control totaled $35 million. Last year, 59 percent was for air pollution control-first time it exceeded that for industrial waste. CITIES OF THE MIDWEST In Chicago, where concern is chiefly with dust fall, tests show that 1953 was the cleanest year on record. Average monthly dust fall was 53.61 tons per square mile (83.6 tons in 1936). The Department of Air Pollution Control has actively advocated that control could be established only through cooperation of residential, commercial, and industrial contributors, recently pointing out that apartments and large heating plants are responsible for 43 percent of Chicago's smoke as contrasted with 3 percent some 20 years ago. Armour Research Foundation measures and analyzes Chicago's dust fall each month. Armour is also making statistical studies of data from the control board to establish relative importance of various sources. Too, ARF acts as consultant for planning and zoning commission. American Petroleum Insti sponsors studies at ARF to improve methods of ozone analysis. API is also providing for study of petroleum conbustion products in air. In the Detroit-Windsor area-third largest manufacturing region in North America-a program has been under way since 1949 by the Internal Joint Commission to determine the influence of air pollutants on community health. Studies of existing health records covering mortality are being made on both sides of the Detroit River, with control studies being carried out in a nearby, nonindustrial city. A new voluntary organization, Detroit-Windsor Regional Association of Air Pollution Control Officials, acts as a forum where ideas can be discussed and disseminated. In Detroit, group responsible for control includes 3 engineers, 2 chemists, and 17 inspectors. This group attempts to identify sources of pollution and determine effects on vegetation, corrosion, soiling, visibility, and health. THE GULF COAST In 1951, a petition bearing 5,000 signatures from a group of citizens who lived in a small community called Greens Bayou, near Houston, Tex., was directed to the Texas State Department of Health. The petition asked relief from severe fumigations occurring in vicinity-an area in which one doctor had stated that whenever the wind blew from the east, he could expect to have an average of 20 patients with bronchial inflammation, where ordinarily he had 3 or 4. The |