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NONDEGRADATION POLICY OF THE

CLEAN AIR ACT

HEARING

BEFORE THE

SUBCOMMITTEE ON

AIR AND WATER POLLUTION

United States. Congress.

Senate.

1

OF THE

COMMITTEE ON PUBLIC WORKS

UNITED STATES SENATE

NINETY-THIRD CONGRESS

FIRST SESSION

JULY 24, 1973

SERIAL NO. 93-H16

Printed for the use of the Committee on Public Works

U.S. GOVERNMENT PRINTING OFFICE

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M. BARRY MEYER, Chief Counsel and Chief Clerk

BAILEY GUARD, Minority Clerk; RICHARD A. HELLMAN, Minority Counsel
LEON G. BILLINGS, Senior Staff Member

PHILIP T. CUMMINGS and DON ALEXANDER, Assistant Counsels

Professional and research staff: HAROLD H. BRAYMAN, PAUL CHIMES, FRANCES T. CLARK, KATHERINE Y. CUDLIPP, KATHLEEN R. E. FORCUM, ANN GARRABRANT, RICHARD D. GRUNDY, WESLEY F. HAYDEN, RICHARD E. HEROD, CLARK NORTON, JUDY PARENTE, JOHN PURINTON, A. DAVID SANDOVAL, JACQUELINE E. SCHAFER, CHARLENE STURBITTS, E. STEVEN SWAIN, SALLY WALKER, AND JOHN W. YAGO, Jr.

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NONDEGRADATION POLICY OF THE CLEAN AIR ACT

TUESDAY, JULY 24, 1973

U.S. SENATE,

COMMITTEE ON PUBLIC WORKS,

SUBCOMMITTEE ON AIR AND WATER POLLUTION,

Washington, D.C. The subcommittee met at 10 a.m., pursuant to call, in room 4200, Dirksen Office Building, Hon. Edmund S. Muskie (chairman of the subcommittee) presiding.

Present: Senators Muskie, Randolph, Clark, McClure, and Domenici.

OPENING STATEMENT OF HON. EDMUND S. MUSKIE, U.S. SENATOR FROM THE STATE OF MAINE

Senator MUSKIE. The subcommittee will be in order.

I have a brief opening statement to set the context of this hearing. Today, the Subcommittee on Air and Water Pollution opens hearings on yet another controversial aspect of Federal clean air lawthe policy of nondegradation. This policy was first articulated in Federal water pollution law in 1965 and was incorporated into the 1967 Air Quality Act. It was not altered in the 1970 clean air amendments.

The Environmental Protection Agency's predecessor for air pollution, the National Air Pollution Control Administration defined this policy in guidelines in 1969. EPA initially proposed a nondegradation policy in guidelines for air quality implementation plans in 1971. Subsequently, EPA deleted this policy from those guidelines and a court challenge ensued. The courts have upheld the intent of the act. Nondegradation is national policy.

At this point in the record I would like to insert the court opinion, if there is no objection.

[The opinion referred to follows:]

U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

SIERRA CLUB ET AL., PLAINTIFFS

บ.

WILLIAM D. RUCKELSHAUS, Defendant

Civil Action No. 1031-72

MEMORANDUM OPINION

Initially, this matter came before the Court on plaintiffs' motion for temporary restraining order wherein they sought to enjoin the Administrator of the Environmental Protection Agency from approving certain portions of state air pollution

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