55 314. See, e.g., Barrows v. Jackson, 346 U.S. 249 (1953). 315. Natural Resources Defense Council, Inc. v. EPA, 512 F.2d 1351, 1358 (D.C. Cir. 1975). 316. National Resources Defense Council, Inc. v. EPA, 507 F.2d 905, 910 (1974). The court might have added, but did not, that the second branch of the APA test was also satisfied; for there can be no doubt that a principal purpose of the statute was to protect against injuries to the public health. 317. United States ex rel. Marcus v. Hess, 317 U.S. 537, 541 n.4 (1943). Whether such a provision would withstand serious analysis is another question. While the monetary stake should guarantee an adversary presentation if sufficiently substantial, I doubt that such an artificial interest should overcome the policy against unnecessary intervention in the affairs of other branches of the government. 318. ACUS Rec. 76- , P F. 319. E.g., Sierra Club v. Morton, 405 U.S. 727, 733 (1972). 320. E.g., Simon v. Eastern Ky. Welfare Rights Org., 96 Sup. Ct. 1917 (1976). 56 321. United States v. Students Challenging Regulatory Agency Proceedings, 412 U.S. 669, 686 (1973). 322. Ibid. 323. Id. at 689 n. 14. 324. Sierra Club v. Morton, supra n. 319 at 739-40. AMERICAN PUBLIC HEALTH ASSOCIATION 1015 Eighteenth Street, N.W., Washington, D.C. 20036 ● (202) 467-5000 GEORGE PICKETT, M.D., M.P.H., President Edmund S. Muskie Chairman Subcommittee on Environmental Pollution Committee on Environment and Public Works 4204 Dirksen Building Washington, D.C. Dear Chairman Muskie: The American Public Health Association wishes to submit its comments on the amendments to the Clean Air Act detailed in S.252. The attached comments delineate this Association's position on several issues. Briefly stated, APHA believes that: 1. 2. 3. 4. 5. 6. Significant deterioration provisions should be extended Automotive emission standards must not be further Non-essential uses of aerosol products utilizing fluorocarbons should be banned as of a certain date. The training of air pollution control personnel should The National Commission on Air Quality should have More emphasis should be placed on health effects research. Edmund S. Muskie for abandoning our air quality goals. Many, if not most, air pollution control strategies are associated with a saving of energy. Thess include limitations in the use, and increases in the efficiency, of energy-intensive devices such as the automobiles. Thank you for your consideration of our comments on the American Public Health Association Comments on S.252-Clean Air Act Amendments Submitted February 15, 1977 Significant Deterioration The concept of identifying and preserving clean air areas is one of the most critical issues in S.252. The maximum pollution increments for sulfur dioxide and particulates which can be added to existing levels of these pollutants in areas where levels are better than secondary air quality standards should insure protection of these "pristine" areas. Additionally, EPA should be required to set standards for pollutants in addition to sulfur dioxide and particulates which will prevent significant deterioration. The requirement that pollution sources wishing to locate in these areas must apply "Best Available Control Technology" (BACT) must be supported. Federal new source performance standards should provide a guideline only for minimum levels of control. Any definition of BACT must be reviewed frequently in order to take into account new advances in control technology. Such an approach will allow for the greatest development of these areas with the least impact on air quality. Automobile Emissions The automotive emission standards sections of S.252 represent a considerable weakening of time tables and health-related standards which have already been relaxed by Congress and EPA. The American Public Health Association is opposed to any effort to relax these standards further. Evidence is increasing that even short-term exposure to nitrogen oxides during peak rush-hour concentrations may endanger public health. The relaxation of the NOx standard, as proposed in S.252, could make it difficult to lower rush-hour exposure to NOx. Therefore, S.252 should be amended to restore the 1982 compliance deadline of 0.4 gpm of N^x. Historically, automobile emission standards have resulted in full savings. In the 1975 EPA publication, "Clean Air and Your Car, the agency reports that 1975 models achieved 13.5% better fuel |