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Porcella, Donald B., assistant professor, Utah State University, statement Press, Dr. Edward, State health officer, Oregon State Board of Health, letter of April 6, 1971_

Process Design Manual for Phosphorus Removal for U.S. Environmental
Protection Agency, technology transfer, prepared by Black & Veatch,
consulting engineers.

Purchase, Mary E., associate professor, New York State College of Human
Ecology, Cornell University, statement-

Raines, William P., secretary, Asbestos Information Association, letter of
August 4, 1971..

Ravitz, Mel, Common Council of city of Detroit, letter of October 4, 1971.
Robertson, Dr. William O., director, Poison Control Information Center,
Children's Orthopedic Hospital and Medical Center, letter of April 20,

1971.

Rogers, William D., Arnold & Porter, letters of:

November 8, 1971_

November 30, 1971__.

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Rundell, Ann, article from the Madison (Wis.) State Journal_
Schleyer, Walter L., government and industry relations manager, Phila-
delphia Quartz Co., statement_

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"Sewage Treatment Tested for Phosphate Removal," article from the Centre Daily Times..

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Steinfeld, Hon. Jesse L., M.D., Surgeon General, Public Health Service, statement..

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Statement before the Federal Trade Commission_

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"Study Shows Wash Is Whiter With Full Amount of Detergent," article from the News Herald__.

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Swisher, R. D., Inorganic Chemicals Division, Monsanto Co., St. Louis,
Mo., article..

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Terkeltoub, Richard W., article_

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"The Eutrophication Problem: A Review and Critical Analysis," article..
"The Lake Washington Case-Effect of Sewage Diversion on Algae Growth
and on Phosphate Concentration," article..

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Train, Hon. Russell E., Chairman, Council on Environmental Quality, statement before the Federal Trade Commission...

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Letter to Miles W. Kirkpatrick, chairman, Federal Trade Commission Tuft, Dr. Emily, director, Poison Control Center, Department of Pediatrics, University of Oregon Medical School, letter of April 6, 1971_-Walker, James, article in the Tampa Tribune__ "Washers, Dryers," article from Consumer Bulletin.. Wellman, W. J., Sellers, Conner & Cuneo, letter of October 18, 1971. Westgarth, Dr. Warren C., director, Environmental Quality Laboratories and Allied Research, letter of April 20, 1971..

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THE TOXIC SUBSTANCES CONTROL ACT OF 1971

AND AMENDMENT

TUESDAY, AUGUST 3, 1971

U.S. SENATE,

COMMITTEE ON COMMERCE,

SUBCOMMITTEE ON THE ENVIRONMENT,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10 a.m., in room 5110, New Senate Office Building, Hon. William B. Spong, Jr., presiding. Present: Senators Spong and Hatfield.

OPENING STATEMENT BY SENATOR SPONG

Senator SPONG. The hearings will come to order.

This morning the Subcommittee on the Environment begins hearings on S. 1478, the administration's proposed Toxic Substances Control Act, and amendment 338 to that bill which I introduced on July

27.

Senator Hart is the chairman of the subcommittee, but for the purposes of these hearings he has relinquished the chair. I appreciate Senator Hart's gesture and I hope the quality of the hearings will not suffer unduly because of the able chairman's absence.

In requesting additional authority to regulate toxic substances the administration recognizes that gaps exist in our regulatory framework that permit public health and environmental hazards to occur without regulation. While I would disagree with the administration on the best method of dealing with this problem, we are in complete agreement that these gaps should be closed.

In the course of the next 3 days we will hear testimony from three prominent scientists on the hazards of three chemical substances which would be prime candidates for regulation under a toxic substances control statute. Later this morning we will hear that substantial quantities of mercury are reaching the environment by way of the disposal of consumer products. While we have achieved impressive reductions in mercury discharges from industrial sources, an even greater source of mercury has yet to be controlled. Tomorrow we will receive testimony on the dangers of PCBs including a description of the problems of rice oil contamination in Japan as it relates to the PCBs problem in this country. The need for further protection from PCBs has been accentuated by the recent discovery of contaminated chicken feed and the subsequent flare of activity caused by that discovery. On Thursday we will receive testimony concerning asbestos which is used extensively in

Staff members assigned to these hearings: Leonard Bickwit, Jr., and Michael Brownlee.

building construction, brake linings and for other purposes which may be contaminating the air we breathe.

In addition, the subcommittee will receive testimony from administration witnesses and a number of conservation and public interest groups.

Additional hearings will be scheduled in late September or early October to hear from industry witnesses, which should complete our hearing record.

(The bill and agency comments follow :)

92D CONGRESS 1ST SESSION

S. 1478

IN THE SENATE OF THE UNITED STATES

APRIL 1, 1971

Mr. HART (for Mr. MAGNUSON) (by request) introduced the following bill; which was read twice and referred to the Committee on Commerce

A BILL

To amend, the Federal Hazardous Substances Act, as amended, and for other purposes.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the Toxic Substances Control 4 Act of 1971.

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SEC. 2. The Federal Hazardous Substances Act is 6 amended by inserting before section 1 of such Act the

7 following: "TITLE I-HAZARDOUS

I-HAZARDOUS CONSUMER

8 PRODUCTS".

9 SEC. 3. Such Act is further amended by adding after

10 the aforesaid title I, that is, after section 18 of the Act, the 11 following new title:

1

2

3

2

“TITLE II—TOXIC SUBSTANCES

"POLICY

"SEC. 201. Whereas the American people are being ex

4 posed to a large number of chemical substances each year:

5 and

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"Whereas among the many new substances constantly 7 being developed are some which may be a danger to human

8 health or the environment; and

9

"Whereas the effective regulation of interstate commerce

10 in such chemicals necessitates the regulation of transactions 11 in such chemicals in intrastate commerce as well;

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"Therefore, it is the policy of the United States that new chemical substances should be adequately tested with 14 respect to their safety to man and the environment; and "That adequate authority should exist to restrict the

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16 distribution and use of chemicals found to be toxic; and "That such authority over chemicals be exercised in 18 such a manner as not to unduly impede technological inno19 vation while fulfilling the primary purpose of this title to 20 assure that such innovation and commerce does not endanger 21 human health or the environment.

23

"DEFINITIONS

"SEC. 202. (a) 'Administrator' means the Adminis24 trator of the Environmental Protection Agency.

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[blocks in formation]

"(b) Chemical substance' means any organic or inor

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