The base annual rate would be determined by the Secretary of the Treasury by estimating the average market yields during the month of May or November next preceding the 6-month period on Federal marketable bonds having a remaining maturity of 15 or more years. The present base annual rate is 2% percent, which would, therefore, provide for an interest rate at this time on the loans authorized by this section of 3% percent or such higher rate as the Housing and Home Finance Administrator could establish in his discretion.

The total amount of loans made by the Housing and Home Finance Administrator pursuant to this section would not be permitted to exceed $50 million outstanding at any one time. Funds would be authorized to be appropriated to carry out the loan program and the loan funds would revolve.

To assure national distribution of the loans the section would provide that not more than 10 percent of the funds provided shall be expended in any one State.

SPECIAL TAX BENEFITS

Section 804 would amend the Internal Revenue Code to permit for tax purposes the rapid amortization (over a period of 5 years) of devices, structures, machinery, or equipment for the prevention or elimination of air pollution. This special tax benefit would be available, however, only to the extent that the property which would be amortized at this accelerated rate was constructed, remodeled, installed, or acquired on or after the date of enactment of this section and to the extent that the Secretary of Health, Education, and Welfare certifies that it is in aid of the prevention or elimination of air pollution.

FHA LOAN INSURANCE

Section 805 would provide that the authority of the Federal Housing Commissioner shall be used to the fullest extent possible to encourage and assist home conversion and improvement loans which would aid smoke abatement and air pollution prevention.

DEFINITION OF "STATE"

In order to make the provisions of the title applicable to all the States, Territories of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, the word "State" as used in the title would be defined to include all of the jurisdictions named.

ADMINISTRATIVE PROVISIONS

Provisions necessary to the administration of the title would be also enacted by this title.

The CHAIRMAN. I have a copy of an ordinance to control and regulate air pollution; adopted by the Council of the City of Philadelphia. That city is operating under this ordinance. It seems very complete and might well serve as a model for ordinances for other cities.

Without objection, it will be inserted in the record at this point. (The ordinance referred to follows:)

(Bill No. 366-1953.)

AN ORDINANCE

To control and regulate air pollution in the City of Philadelphia, defining the powers and duties of the Department of Public Health, the Department of Licenses and Inspections and of the Air Pollution Control Board; prescribing fees for permits; providing for administration and enforcement and fixing penalties; and repealing the ordinance approved June 25, 1948, and cited as "The Air Pollution Control Ordinance of 1948"

The Council of the City of Philadelphia hereby ordains:
SECTION 1. Legislative Findings.

The Council of the City of Philadelphia finds that the pollution of the air is detrimental and harmful to the health, comfort, living conditions, welfare and safety of the inhabitants of the City of Philadelphia and injurious to their property, and it is necessary to provide for the greater control and more effective regulation of air pollution and air pollution nuisances caused by the emission or escape of dust, fume, gas, mist, odor, smoke, vapor, or any combination thereof.

SECTION 2. Definitions.

When

(a) “Person.”—An individual, partnership, corporation, or association including those acting in a fiduciary or representative capacity whether appointed by a court or otherwise and including any governmental unit, agency, officer or employee as to whom the City of Philadelphia has the power to legislate. ever used in any clause prescribing or imposing a penalty the term "Person" as applied to partnerships or associations shall include the partners or members thereof and if applied to corporations, the officers thereof. The singular shall include the plural and the masculine shall include feminine and neuter.

(b) (1) "Dust."-Solid particles projected into the air and capable of temporary suspension in air or gas.

(2) "Fume."-Solid particles commonly formed by the condensation of vapors from normally solid materials.

(3) "Gas."-Normally formless fluids which tend to occupy space or enclosure completely and uniformly at ordinary temperatures and pressures.

(4) “Mist.”—Very small airborne droplets of materials that are ordinarily liquid at normal atmospheric temperatures and pressures. Mist shall include fog.

(5) "Odor."-Smells or aromas or stinks, which are commonly recognized as offensive or objectionable, or which are very unpleasant to persons possessing normal olfactory senses, or which tend to lessen human food and water intake, interefere with sleep, upset normal appetite, produce irritation of the upper respiratory tract, or create symptoms of nausea, or which by their inherent chemical or physical nature, or method of processing are detrimental or dangerous to health, or which are of a quantity or character that violates any of the provisions of this ordinance or any of the regulations promulgated pursuant thereto. Odors and smells are used herein interchangeably.

(6) "Smoke."-The extremely small solid particles produced by incomplete combustion of organic substances and includes but is not limited to particles, #yash, cinders, tarry matter, unburned gases, soot or carbon, and gaseous combustion products.

(7) "Vapor."-The gaseous phase of substances that are either liquid or solid in their commonly known state, and may be changed to the solid or liquid form by increasing the pressure, decreasing the temperature, or applying both simultaneously.

(c) (1) "Air Pollution."-The emission or escape of dust, fume, gas, mist, odor, smoke, vapor, or any combination thereof, in a quantity and of a character which constitutes a direct health hazard or detriment, or the contamination of the air in any manner detrimental or harmful to the health, comfort, living conditions, welfare and safety of the inhabitants of the City of Philadelphia. (2) "Air-Pollution Nuisance."-The emission or discharge into the open air of dust, fume, gas, mist, odor, smoke or vapor, or any combination thereof, of a character and in a quantity which as to any group of persons interferes with their health, repose or safety or causes severe annoyance or discomfort, or tends to lessen normal food and water intake, or produces irritation of the upper respiratory tract, or produces symptoms of nausea, or is offensive or objectionable, or both, to normal persons because of inherent chemical and physical properties, or causes or is likely to cause injury or damage to real or personal property of any kind, or which interferes with normal conduct of business, or is detrimental or harmful to the health, comfort, living conditions, welfare and safety of the inhabitants of the City of Philadelphia.

(d) "Minor Repairs."-Repair or alteration of any part of any existing installation, equipment or device which does not materially alter the quantity or character of discharge into the open air of dust, fume, gas, mist, odor, smoke, vapor, or any combination thereof.

(e) "Installation, Equipment, or Devices.”—Any assembly of elements or components the operation of which does or may directly or indirectly cause air pollution or an air-pollution nuisance

(f) "Household Appliances.”—Any electric or gas operated unit commonly used in a home or other dwelling other than incinerators, heating systems, or hot water heating systems.

(g) “Fuel Burning Equipment."-Any device, machine, mechanism, or structure used in the process of burning fuel or combustible material.

(h) "Charter."-The Philadelphia Home Rule Charter.

SECTION 3. "Unlawful Conduct."-It shall be unlawful for any person : (a) To cause, emit or allow the emission or escape into the open air from any structure, machine, facility, plant, premises or ground, including parking lots, of dust, fume, gas, mist, odor, smoke, vapor, or any combination thereof, of a

quantity or character which constitutes or which in conjunction with other persons creates air pollution or an air pollution nuisance, or violates any of the regulations which may be prescribed by the Air Pollution Control Board.

(b) To construct, reconstruct, convert, operate, add to or alter any installation, equipment or device, or the appurtenances thereto, which by its operation or maintenance will emit or cause or allow the emission or escape into the open air of dust, fume, gas, mist, odor, smoke, vapor, or any combination thereof, without a permit as required by Section 4 hereof secured from the Department of Licenses and Inspection, and without eliminating air pollution or an air pollution nuisance.

(e) To burn garbage, refuse, waste material, cars, vehicles, or parts thereof, or any other material in an open fire except at such places and under such safeguards as to the creation or emission of air pollution or an air pollution nuisance as may be prescribed by the Air Pollution Control Board.

SECTION 4. "Installation Permits."

(a) Any person desiring to construct, reconstruct, convert, add to or alter or replace, except for minor repairs, any installation, equipment or device, or appurtenances thereto, that produces, controls or causes or may cause air pollution or an air pollution nuisance, shall secure a permit therefor from the Department of Licenses and Inspections and shall pay a fee therefor in accordance with the established schedule of fees set forth in Section 8 of this ordinance.

(b) Any person applying for such permit shall submit to the Department of Licenses and Inspections plans and specifications of the work to be done insofar as air pollution or an air pollution nuisance may be concerned and such other information as may be required by the Department of Licenses and Inspections. (c) A separate permit shall be obtained for each complete unit of boiler or fuel burning equipment. In the case of a heating boiler, warm air furnace or water heater with integral burner, oil burner or stoker, only one permit shall be obtained from the combined unit.

(d) If any installation is not started within one year of the date of issuance of a permit therefor, the permit shall be null and void, and any fee paid shall be forfeited.

(e) Issuance of a permit shall not exempt any person from prosecution for violation of this ordinance or the regulations issued under it, if the actual operation of the installation, equipment or device for which the permit was issued creates or results in air pollution or an air pollution nuisance.

(f) The provision of this permit section shall not apply to the construction, reconstruction, conversion, alteration, replacement or installation of any household appliance.

(g) The provisions of this permit section shall not apply to the construction, reconstruction, conversion, alteration, replacement or installation of motor vehicles or other equipment used on highways.

(h) The provisions of this permit section shall not apply to any building or structure used exclusively for dwelling purposes and containing less than three dwelling units.

SECTION 5. “Powers and Duties of the Department of Public Health."

The Department of Public Health shall have the following power and duties: (a) To investigate complaints, make observations of smoke and other air polluting conditions and air pollution nuisances and require the necessary and proper steps to minimize the effect, hazard or nuisance therefrom.

(b) To examine applications, plans and specifications for the construction, reconstruction, conversion, addition or alteration of any installation, equipment or device and any equipment pertaining thereto, that might or could produce air pollution or an air pollution nuisance, and to inspect installations and equipment for which a permit has been issued to see that installation is made in accordance with the permit, unless such functions are assigned by the Administrative Board of the City of Philadelphia to the Department of Licenses and Inspections of the City of Philadelphia in which case, the function shall be exercised by that Department.

(c) To inspect from time to time any installation, equipment, devices and appurtenances thereto that may, can or does cause air pollution or an air pollution nuisance, unless such functions are assigned by the Administrative Board of the City of Philadelphia to the Department of Licenses and Inspections of the City of Philadelphia in which case the function shall be exercised by that Department.

(d) To recommend promptly to the Department of Licenses and Inspections the approval, modification or disapproval of an application for a permit.

(e) To prescribe the requirements for any permit that may be required under this ordinance and its regulations.

(f) To enforce the provisions of this ordinance and the regulations issued thereunder and to commence and prosecute any action, legal or equitable, to enforce the penalties provided in this ordinance or to enjoin violations of this ordinance. Such powers, actions and remedies shall be concurrent and cumulative.

(g) To disseminate information to the public on air pollution reduction and control.

(h) To enlist the cooperation of civic, trade, technical, scientific, educational, governmental and other organizations in the control and reduction of air pollution. SECTION 6. "Powers and Duties of the Department of Licenses and Inspections." The Department of Licenses and Inspections shall have the following powers and duties:

(a) To transmit to the Department of Public Health for its recommendation all applications, plans, and specifications for the construction, reconstruction, conversion, or alteration of any installation, equipment, or device and any equip ment pertaining thereto that may produce air pollution or an air pollution nuisance and shall request the Department of Public Health to make recommendations for the approval, disapproval, or modifications of each application. (b) To issue permits for such applications as the Department of Public Health may approve.

SECTION 7. "Powers and Duties of the Air Pollution Control Board."

(a) The Air Pollution Control Board shall have the powers and duties provided in the Philadelphia Home Rule Charter and shall make regulations designed to promote the health and welfare of the citizens of Philadelphia, to better effectuate the purposes of this ordinance, and to prevent and control air pollution and air pollution nuisances.

(b) The Air Pollution Control Board shall, upon the written request of any interested party, hear and review any objection to any action or decision of the Department of Public Health with respect to the creation or emission of odors and may in its discretion hear and review any objection to any action or decision of the Department of Public Health with respect to the creation or emission of air pollution or an air pollution nuisance. The Board may designate one or more of its members or any other person as an examiner to hear such objections and to make recommendations in writing to the Board. The Board shall consider the recommendations and submit its recommendations to the Department of Public Health.

(c) On presentation of evidence that a major installation is required to correct a violation of this ordinance, the Air Pollution Control Board is authorized to recommend a program for installation so as to allow a reasonable time for the completion of such installation.

SECTION 8. "Installation Permits-Fees."

In issuance of permits pursuant to Section 4 of this ordinance, the following fees shall be charged:

(b) Fees are based on NET LOAD RATING in British Thermal Units of heat per hour.

(c) For the purpose of fee calculation the following definitions are adopted: (1) One square foot of steam radiation has a capacity of two hundred and forty (240) British Thermal Units per hour.

(2) One square foot of hot water radiation has a capacity of one hundred and fifty (150) British Thermal Units per hour.

(3) One boiler horsepower is equivalent to thirty-three thousand four hundred and seventy-two British Thermal Units per hour.

(d) For units with integral gas burner, oil burner or stoker, the fee will be one and a half (1) times the boiler fee.

(e) For furnaces only, calculate one of the following:

(1) Pounds of coal per hour x 13600 x 0.65=BTU per hour.

(2) Gallons of oil per hour x 150000 x 0.65=BTU per hour.

(3) Cubic feet of gas x BTU per cubic foot x 0.65=BTU per hour.

Fee is then based on BTU per hour.

(f) "Incinerator and Crematory Fees."

BTU per hour Square feet grate x 30 lbs. x 8000 BTU. Fee is based on BTU per hour.

(g) "Gas Burners, Mechanical Stokers, Oil Burners or Coal Burners."

Fee is based on type and size of the oven, boiler, furnace or incinerator in which installed and is one-half (%) the fee for such equipment. For charges, see appropriate schedule.

(h) "General."

For smoke ovens, tar and asphalt kettles, road material treating plants and varnish and paint heating kettles, fee will be according to factor shown under furnaces in (e).

(i) A fee of $5.00 per unit will be charged for each of the following items: (1) Paint-spraying equipment vented to the atmosphere.

(2) Dryer vented to the atmosphere.

(3) Dust collector vented to the autmosphere.

(4) Chemical processing equipment vented to the atmosphere through single vent.

(5) Crushing, grinding, or milling equipment vented to the atmosphere through single vent.

(6) Rendering kettle vented to the atmosphere.

(7) Lint collector in dry-cleaning plants.

SECTION 9. "Interference with Personnel."

(a) Any person who shall refuse to comply with or who shall assist in the violation of any of the provisions of this ordinance and regulations adopted hereunder or who in any manner hinders, obstructs, delays, resists, prevents, or in any way interferes or attempts to interfere with the personnel of the Department of Public Health, the Department of Licenses and Inspections, or the Air Pollution Control Board in the performance of any duty hereunder or who shall refuse to permit such personnel to perform their duty by refusing them or any of them, after proper identification or presentation of a written order of the Commissioner of the Department of Public Health, the Commissioner of the Department of Licenses and Inspections, or the members of the Air Poilution Control Board, entrance at reasonable hours to any premises or part thereof in which the provisions of the ordinance and its regulations are being violated or have been violated, or refuse to permit the inspection or examination of such premises by such authorized persons for the purpose of investigating compliance with this ordinance and the regulations promulgated thereunder, shall be subject to all the penalties as set forth in this ordinance.

(b) The Department of Public Health shall require that any investigator entering a plant or part thereof in the course of his investigation or inspection shall comply with all safety regulations in effect on such premises.

SECTION 10. "Penalties."

(a) Any person who shall violate any of the provisions of this ordinance or any of the regulations adopted hereunder, shall be subject for each such violation to a fine of not less than ten (10) dollars nor more than three hundred (300) dollars, together with judgment or imprisonment not exceeding thirty (30) days if the amount of said fine and cost shall not be paid within ten (10) days from the date of the imposition thereof. Violations on separate days shall be considered separate violations, and shall be subject to such orders or judgment as may be issued by the Magistrates' Courts.