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Environment (9)
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Environment (9)
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James M. Cannon Files (Ford Administration)
James Cannon's Issues Files
subjects
President (1974-1977 : Ford). Council on Environmental Quality. (1974 - 1977)
Environmental Protection Agency. Office of Enforcement. (2/1/1975 - 7/1/1981)
Environmental protection
Natural resources
Pollution
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1976-12-31
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1976
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1974-11-01
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1974
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The original documents are located in Box 14, folder "Environment (9)" of the James M.
Cannon Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 14 of the James M. Cannon Files at the Gerald R. Ford Presidential Library
Amerinal
[oct 1976]
THE J. N. "DING" DARLING NATIONAL WILDLIFE REFUGE
The J. N. "Ding" Darling National Wildlife Refuge
located on Sanibel Island, off southwest Florida, was
established in 1947. It is a beautiful tropical refuge
composed of shell and sand with extensive wet sloughts
(SLEWS). The Mangrove Islands intermingled with extensive
bays provide ideal habitat for wading birds and migratory
water fowl.
Ding Darling, the famous American cartoonist for
whom the Refuge is named, is considered to be one of
the founders of our nation's wildlife refuge system.
The Wilderness legislation I am signing today, reconfirms
our commitment to provide a safe home for over 200 species
of birds, alligators, sea turtles and a host of other
animals.
GERALD R. LEBRARY FORD
I a czcu1vvyx
PM-Carter, 1st add, 250
PLAINS Ga.: they sáid.
Lost.file
Lillian Carter the candidates's mother. said she walked into ber
son's den and found Carter concentrating on his briefing books not
even bothering to look up. She said when she asked where b1s wife,
Rosalynn was Carter just pointed, still witbout looking up.
But Carter took a phone call from former Delaware Gov. Russell
Peterson Ford's former chief environmental adviser, and said in a
statement that Peterson supports his call for a strong national strip
mining law. Ford bas twice vetoed such legislation.
"A Youth Conservation Corps one of Gov. Peterson's suggestions
which I support would provide our young people with meaningful
healtby jobs and begin the long job of putting our precious national
park lands into shape, " Carter added.
He also sent a telegram to Eugene Gold chairman of the National
Conference on Soviet Jewry. saying be felt a "sense of outrage",
about violence against Sovlet Jews.
"Our relations with the Soviet Union cannot'te conducted witbout
taking into account the degree to which they comply with human rights
ròvisions of the Helsinki accords " Carter said.
"As president, I would put the matter of freedom of religion and
freedom of emigration among the top issues tbat would be discussed
with the Soviet Union. " Carter said.
Carter planned to leáve New York immediately after speaking at the
A7 Smith dinner to fly to Newrort News, va., arriving at his botel in
Williamsburg sometime after midnight Friday morning.
He said be feels no apprebension about the debate.
0538aED 10-21
trup weys
Allo
Ful
FYI
Jun
M.Eail
BERALD Rs. LIBRARY REFORD
[ot 1976]
THE
WHITE
HOUSE
GERALD R. FORKSHINGTON Requested
Jim.
THIS IS NEPA
THE LAN REQUIRING
ENVIRONMENTAL IMPACT
STATEMENTS (TITLE I)
AND DEFINING ROLE of
CEQ (TITLE II).
READING TIME - 12 MINS.
Public Law 91-190
91st Congress, S. 1075
January 1, 1970
An Act
83 STAT. 852
To establish a national policy for the environment, to provide for the establish-
ment of a Council on Environmental Quality, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may National En-
be cited as the "National Environmental Policy Act of 1969".
vironmental
Policy Act of
PURPOSE
1969.
SEC. 2. The purposes of this Act are: To declare a national policy
which will encourage productive and enjoyable harmony between man
and his environment; to promote efforts which will prevent or elimi-
nate damage to the environment and biosphere and stimulate the
health and welfare of man; to enrich the understanding of the eco-
logical systems and natural resources important to the Nation; and to
establish a Council on Environmental Quality.
TITLE I
DECLARATION OF NATIONAL ENVIRONMENTAL POLICY
SEC. 101. (a) The Congress, recognizing the profound impact of Policies and
man's activity on the interrelations of all components of the natural goals.
environment, particularly the profound influences of population
FORD i LIBRARY GERALD
growth, high-density urbanization, industrial expansion, resource
exploitation, and new and expanding technological advances and
recognizing further the critical importance of restoring and maintain-
ing environmental quality to the overall welfare and development of
man, declares that it is the continuing policy of the Federal Govern-
ment, in cooperation with State and local governments, and other con-
cerned public and private organizations, to use all practicable means
and measures, including financial and technical assistance, in a man-
ner calculated to foster and promote the general welfare, to create and
maintain conditions under which man and nature can exist in
productive harmony, and fulfill the social, economic, and other
requirements of present and future generations of Americans.
(b) In order to carry out the policy set forth in this Act, it is the
continuing responsibility of the Federal Government to use all prac-
ticable means, consistent with other essential considerations of
national policy, to improve and coordinate Federal plans, functions,
programs, and resources to the end that the Nation may-
(1) fulfill the responsibilities of each generation as trustee of
the environment for succeeding generations;
(2) assure for all Americans safe, healthful, productive, and
esthetically and culturally pleasing surroundings;
(3) attain the widest range of beneficial uses of the environ-
ment without degradation, risk to health or safety, or other unde-
sirable and unintended consequences;
(4) preserve important historic, cultural, and natural aspects
of our national heritage, and maintain, wherever possible, an
environment which supports diversity and variety of individual
choice;
(5) achieve a balance between population and resource use
which will permit high standards of living and a wide sharing of
life's amenities; and
Pub. Law 91-190
- 2 -
January 1, 1970
83 STAT. 853
(6) enhance the quality of renewable resources and approach
the maximum attainable recycling of depletable resources.
(c) The Congress recognizes that each person should enjoy a health-
ful environment and that each person has a responsibility to contribute
to the preservation and enhancement of the environment.
Administration.
SEC. 102. The Congress authorizes and directs that, to the fullest
extent possible: (1) the policies, regulations, and public laws of the
United States shall be interpreted and administered in accordance
with the policies set forth in this Act, and (2) all agencies of the Fed-
eral Government shall-
(A) utilize a systematic, interdisciplinary approach which will
insure the integrated use of the natural and social sciences and
the environmental design arts in planning and in decisionmaking
which may have an impact on man's environment;
(B) identify and develop methods and procedures, in con-
sultation with the Council on Environmental Quality established
by title II of this Act, which will insure that presently unquanti-
fied environmental amenities and values may be given appropriate
consideration in decisionmaking along with economic and tech-
nical considerations;
(C) include in every recommendation or report on proposals
for legislation and other major Federal actions significantly af-
fecting the quality of the human environment, a detailed state-
ment by the responsible official on-
(i) the environmental impact of the proposed action,
(ii) any adverse environmental effects which cannot be
avoided should the proposal be implemented,
(iii) alternatives to the proposed action,
FORD LIBRARY i GERALD
(iv) the relationship between local short-term uses of
man's environment and the maintenance and enhancement of
long-term productivity, and
(v) any irreversible and irretrievable commitments of re-
sources which would be involved in the proposed action
should it be implemented.
Prior to making any detailed statement, the responsible Federal
official shall consult with and obtain the comments of any Fed-
eral agency which has jurisdiction by law or special expertise with
Copies of state-
respect to any environmental impact involved. Copies of such
ments, to.;avail-
statement and the comments and views of the appropriate Federal,
ability.
State, and local agencies, which are authorized to develop and en-
force environmental standards, shall be made available to the
President, the Council on Environmental Quality and to the pub-
81 Stat. 54.
lic as provided by section 552 of title 5. United States Code, and
shall accompany the proposal through the existing agency review
processes;
(D) study, develop, and describe appropriate alternatives to
recommended courses of action in any proposal which involves
unresolved conflicts concerning alternative uses of available re-
sources;
(E) recognize the worldwide and long-range character of en-
vironmental problems and, where consistent with the foreign
policy of the United States, lend appropriate support to initiatives,
resolutions, and programs designed to maximize international
cooperation in anticipating and preventing a decline in the quality
of mankind's world environment;
(F) make available to States, counties, municipalities, institu-
tions, and individuals, advice and information useful in restoring,
maintaining, and enhancing the quality of the environment;
January 1, 1970
- 3 -
Pub. Law 91-190
83 STAT. 854
(G) initiate and utilize ecological information in the planning
and development of resource-oriented projects; and
(H) assist the Council on Environmental Quality established
by title II of this Act.
SEC. 103. All agencies of the Federal Government shall review Review.
their present statutory authority, administrative regulations, and cur-
rent policies and procedures for the purpose of determining whether
there are any deficiencies or inconsistencies therein which prohibit
full compliance with the purposes and provisions of this Act and shall
propose to the President not later than July 1, 1971, such measures as
may be necessary to bring their authority and policies into conform-
ity with the intent, purposes, and procedures set forth in this Act.
SEC. 104. Nothing in Section 102 or 103 shall in any way affect the
specific statutory obligations of any Federal agency (1) to comply
with criteria or standards of environmental quality, (2) to coordinate
or consult with any other Federal or State agency, or (3) to act, or
refrain from acting contingent upon the recommendations or certifi-
cation of any other Federal or State agency.
SEC. 105. The policies and goals set forth in this Act are supplemen-
tary to those set forth in existing authorizations of Federal agencies.
TITLE II
COUNCIL ON ENVIRONMENTAL QUALITY
SEC. 201. The President shall transmit to the Congress annually Report to
beginning July 1, 1970, an Environmental Quality Report (herein- Congress.
after referred to as the "report") which shall set forth (1) the status
and condition of the major natural, manmade, or altered environ-
mental classes of the Nation, including, but not limited to, the air,
the aquatic, including marine, estuarine, and fresh water, and the
terrestrial environment, including, but not limited to, the forest, dry-
land, wetland, range, urban, suburban, and rural environment; (2)
current and foreseeable trends in the quality, management and utiliza-
tion of such environments and the effects of those trends on the social,
economic, and other requirements of the Nation; (3) the adequacy of
available natural resources for fulfilling human and economic require-
ments of the Nation in the light of expected population pressures; (4)
a review of the programs and activities (including regulatory ac-
tivities) of the Federal Government, the State and local governments,
and nongovernmental entities or individuals, with particular reference
to their effect on the environment and on the conservation, develop-
ment and utilization of natural resources; and (5) a program for
remedying the deficiencies of existing programs and activities, to-
gether with recommendations for legislation.
SEC. 202. There is created in the Executive Office of the President Council on
a Council on Environmental Quality (hereinafter referred to as the Environmental
"Council"). The Council shall be composed of three members who shall Quality.
be appointed by the President to serve at his pleasure, by and with
the advice and consent of the Senate. The President shall designate
one of the members of the Council to serve as Chairman. Each mem-
ber shall be a person who, as a result of his training, experience, and
attainments, is exceptionally well qualified to analyze and interpret
environmental trends and information of all kinds: to appraise pro-
grams and activities of the Federal Government in the light of the
policy set forth in title I of this Act; to be conscious of and responsive
to the scientific, economic, social, esthetic, and cultural needs and in-
terests of the Nation; and to formulate and recommend national
policies to promote the improvement of the quality of the environment.
Pub. Law 91-190
- 4 -
January 1, 1970
83 STAT, 855
SEC. 203. The Council may employ such officers and employees as
may be necessary to carry out its functions under this Act. In addition,
the Council may employ and fix the compensation of such experts and
consultants as may be necessary for the carrying out of its functions
under this Act, in accordance with section 3109 of title 5, United States
80 Stat. 416.
Code (but without regard to the last sentence thereof).
Duties and
SEC. 204. It shall be the duty and function of the Council-
functions.
(1) to assist and advise the President in the preparation of the
Environmental Quality Report required by section 201;
(2) to gather timely and authoritative information concerning
the conditions and trends in the quality of the environment both
current and prospective, to analyze and interpret such informa-
tion for the purpose of determining whether such conditions and
trends are interfering, or are likely to interfere, with the achieve-
ment of the policy set forth in title I of this Act, and to compile
and submit to the President studies relating to such conditions
and trends;
(3) to review and appraise the various programs and activities
of the Federal Government in the light of the policy set forth in
title I of this Act for the purpose of determining the extent to
which such programs and activities are contributing to the
achievement of such policy, and to make recommendations to the
President with respect thereto;
(4) to develop and recommend to the President national poli-
cies to foster and promote the improvement of environmental
quality to meet the conservation, social, economic, health, and
other requirements and goals of the Nation;
(5) to conduct investigations, studies, surveys, research, and
analyses relating to ecological systems and environmental quality;
(6) to document and define changes in the natural environment,
including the plant and animal systems, and to accumulate neces-
FORD is LIBRARY
sary data and other information for a continuing analysis of these
changes or trends and an interpretation of their underlying
causes;
(7) to report at least once each year to the President on the
state and condition of the environment; and
(8) to make and furnish such studies, reports thereon, and
recommendations with respect to matters of policy and legisla-
tion as the President may request.
SEC. 205. In exercising its powers, functions, and duties under this
Act, the Council shall-
(1) consult with the Citizens' Advisory Committee on Environ-
mental Quality established by Executive Order numbered 11472,
34 F. R. 8693.
dated May 29, 1969, and with such representatives of science,
industry, agriculture, labor, conservation organizations, State
and local governments and other groups, as it deems advisable;
and
(2) utilize, to the fullest extent possible, the services, facilities,
and information (including statistical information) of public and
private agencies and organizations, and individuals, in order that
duplication of effort and expense may be avoided, thus assuring
that the Council's activities will not unnecessarily overlap or con-
flict with similar activities authorized by law and performed by
established agencies.
January 1, 1970
- 5 -
Pub. Law 91-190
83 STAT, 856
SEC. 206. Members of the Council shall serve full time and the Tenure and
Chairman of the Council shall be compensated at the rate provided compensation.
for Level II of the Executive Schedule Pay Rates (5 U.S.C. 5313). 80 Stat. 460,
The other members of the Council shall be compensated at the rate 461.
provided for Level IV or the Executive Schedule Pay Rates (5
U.S.C. 5315).
81 Stat. 638.
SEC. 207. There are authorized to be appropriated to carry out the Appropriations.
provisions of this Act not to exceed $300,000 for fiscal year 1970,
$700,000 for fiscal year 1971, and $1,000,000 for each fiscal year
thereafter.
Approved January 1, 1970.
GERALD R. LIBRARY FORD
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 91-378, 91-378, pt. 2,accompanying H. R. 12549
(Comm. on Merchant Marine & Fisheries) and 91-765
(Comm. of Conference).
SENATE REPORT No. 91-296 (Comm. on Interior & Insular Affairs).
CONGRESSIONAL RECORD, Vol. 115 (1969):
July 10: Considered and passed Senate.
Sept.23: Considered and passed House, amended, in lieu of
H. R. 12549.
Oct. 8: Senate disagreed to House amendments; agreed to
conference.
Dec. 20: Senate agreed to conference report.
Dec. 22: House agreed to conference report.
GSA DC 73.897
What CEQ Does
1.
Oversees Federal Agency Implementation of NEPA
a. to encourage Executive Branch compliance
with the substantive goals and objectives
of the Act
b. to assure proper implementation of the EIS
process
FORD LIBRARY
2. Carries out 1 (a) by:
a. developing new environmental initiatives
b. providing policy and programmatic analyses and
advice to the White House, OMB, and Departments
and agencies on the environmental implications
of proposed decisions and actions
C. conducting studies on key environmental issues with
the objective of:
1) policy analysis leading to new legislative
or executive initiatives
2) environmental or technology assessment,
likewise leading to new initiatives, to the
resolution of administration problems, or
the development of new and better analytical
methodologies
3) educating Federal, state, and local govern-
ments, and the public
4) dealing with problems that cross agency lines,
that involve different levels of government,
and that are not receiving adequate attention
by agencies
3. Carries out 1 (b) by:
a. promulgating guidelines on the EIS process
-2-
b. consulting on a routine and continuing basis with
agencies on EIS problems
C. advising the Department of Justice on EIS litigation
d. conducting a bi-annual formal review of agency EIS
implementation
e. publishing legal advisory memoranda interpreting CEQ
guidelines and the state of the case law
f. reviewing selected EIS'
4. Monitors the status of environmental quality and trends
in environmental quality and reports on these annually.
THE WHITE HOUSE
CEQ
WASHINGTON
INFORMATION
October 1, 1976
42
good
MEMORANDUM FOR:
JIM CANNON
FROM:
ART QUERN
SUBJECT:
CEQ Chairman
For your information, Doug Bennett's office has indicated
their concurrence with the proposal that we spend the
coming weeks soliciting suggestions from environmental
groups for the CEQ Chairmanship.
George Humphreys will call the representatives of these
groups and ask for names which they would suggest that
we should consider as Peterson's replacement.
cc: Doug Bennett
George Humphreys
FORD LIBRARY & 038830
100407
CC: Judy Johnston
George Humphreys
THE WHITE HOUSE
WASHINGTON
Josh
October 8, 1976
Bin
MEMORANDUM FOR:
JIM CANNON
was
JIM CAVANAUGH
JIM CONNOR
MAX FRIEDERSDORF
right
FROM:
JACK MARSH Joan
Im.
I received a call today from Dr. Hargis,
Director of the Virginia Institute of Marine Science
who is also Chairman of the National Advisory Committee
on Oceans and Atmosphere.
He was calling in reference to H. R. 13035, a bill
entitled, The Sea Grant Program Improvement Act of
1976. This is on the President's desk for signature
and it is my understanding the last day for action is
Saturday, October 9.
10/8. Pres.
Dr. Hargis indicates there are some problems in the
legislation which, he believes, can be remedied
A.M.
through changes in the program, but on balance, he
feels the bill is a good bill and that the program
is well worth continuing.
He further advises that all coastal states have an
interest in the matter by way of matching funds and
this includes also the State of Michigan because of
the Great Lakes.
Because of Dr. Hargis' national reputation in the
GERATE FORD
field of marine science, as well as his position of
leadership of the National Advisory Committee, I
give considerable weight to his views and hope they
will be considered when the President reviews this
bill.
100902
Invironment
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: October 11
MEMORANDUM FOR THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
S. 3149 - Toxic Substances Control Act
Attached for your consideration is S. 3149, sponsored
by Senators Tunney and Hartke.
In general, the enrolled bill provides authority to
the Administrator of the Environmental Protection Agency
to:
--- require private industry to provide test data and
supply detailed information on specified substances;
---- prevent, or place limitations on, the marketing of
new substances which the Administrator believes
harmful; and
---- ban or limit continued marketing of existing substances.
A detailed explanation of the provisions of the enrolled
bill is provided in OMB's enrolled bill report at Tab
A.
OMB, Max Friedersdorf, Counsel's Office (Kilberg) and I
recommend approval of the enrolled bill and the
attached signing statement which has been cleared by the
White House Editorial. Office (Smith).
RECOMMENDATION
That you sign S. 3149 at Tab B.
That you approve the signing statement at Tab c
GERALD FORD LIBRARY
Approve
Disapprove
STATEMENT BY THE PRESIDENT
I am today signing S. 3149, the "Toxic Substances
Control Act." I believe this legislation may be one of
the most important pieces of environmental legislation
that has been enacted by the Congress.
This toxic substances control legislation provides
broad authority to regulate any of the tens of thousands
of chemicals in commerce. Only a few of these chemicals
have been tested for their long-term effects on human health
or the environment. Through the testing and reporting require-
ments of the law, our understanding of these chemicals should
be greatly enhanced. If a chemical is found to present a
danger to health or the environment, appropriate regulatory
action can be taken before it is too late to undo the damage.
The legislation provides that the Federal Government
through the Environmental Protection Agency may require the
testing of selected new chemicals prior to their production
to determine if they will pose a risk to health or the environ-
ment. Manufacturers of all selected new chemicals will be
required to notify the Agency at least 90 days before
commencing commercial production. The Agency may promulgate
regulations or go into court to restrict the production or
use of a chemical or to even ban it if such drastic action
is necessary.
The bill closes a gap in our current array of laws to
BERALD FORD LIBRARY
protect the health of our people and the environment. The
Clean Air Aot and the Water Pollution Control Act protect
the air and water from toxic contaminants. The Food and
Drug Act and the Safe Drinking Water Act are used to protect
the food we eat and the water we drink against hasardous
contaminants. Other provisions of existing laws protect
2
the health and the environment against other polluting
contaminants such as pesticides and radiation. However,
none of the existing statutes provide comprehensive
protection.
This bill provides broad discretionary authority to
protect the health and environment. It is critical, however,
that the legislation be administered in a manner so as not
to duplicate existing regulatory and enforcement authorities.
In addition, I am certain that the Environmental Protection
Agency realises that it must carefully exercise its discretionary
authority so as to minimize the regulatory burden consistent
with the effective protection of the health and environment.
The Administration, the majority and minority members
of the Congress, the chemical industry, labor, consumer,
environmental and other groups all have contributed to the
bill as it has finally been enacted. It is a strong bill
and will be administered in a way which focuses on the most
critical environmental problems not covered by existing
legislation while not overburdening either the regulatory
agency, the regulated industry, or the American people.
GERALD LIBRARY FORD
THE WHITE HOUSE
WASHINGTON
October 12, 1976
TO: CAMERON
FROM: JEANNE
I spoke to George Humphreys
He has spoken to Busterud at
least a dozen times and feels
that Mr. Cannon does not need
to respond to this letter.
So I guess we can just file
OK
ed
Rie
FORD LIBRARY & GERALD
Calt
THE WHITE HOUSE
GHABIL
WASHINGTON
Thurs. 10/7
JMC:
Jeanne called Busterud, who was on
your call list, and Busterud agreed
to speak with Humphreys because
you were out of town
cd
Jeanne
need to ack. attached or has
Humphreys handled by phone cd 2
CEQ
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY
722 JACKSON PLACE. N. W.
WASHINGTON, D. C. 20006
1976 CCT 7 F1 2 30
October 4, 1976
Dear Jim:
In view of your present consideration of a replacement
for Russ Peterson as Chairman of the Council, I
thought it might be helpful for you to have an up-to-date
copy of my personal resume.
Sincerely,
John John Busterud
GERATE FORD LIBRARY
Acting Chairman
Mr. James M. Cannon
Assistant to the President for
Domestic Affairs
The White House
Washington, D. C. 20500
Enclosure
08/109
October 1976
JOHN A. BUSTERUD
Personal Resume
Date and Place of Birth: Coos Bay, Oregon, March 7, 1921
Marital Status: Married to Anne Witwer. Three children: John, 22:
James, 19; Mollie, 17
Washington Home Address
Permanent Home Address
3229 Reservoir Road N. W.
102 Mountain View Avenue
Washington, D. C. 20007
San Rafael, California 94901
Tel. (202) 965-5077
Present Occupation: Acting Chairman, Council on Environmental Quality
Director, Office of Environmental Quality
Executive Office of the President
722 Jackson Place N. W.
FORD is LIBRARY GERALD
Wa shington, D. C. 20006
Tel. (202) 382-5948
Professional Background: Attorney, Admitted to practice in California, 1950.
Admitted also to U.S. Supreme Court and all
Federal Courts
Military Status: Lt. Colonel (Ret.) Army Reserve
Bronze Star Medal; Army Commendation Medal
Education: B.S. (cum laude) in Economics, University of Oregon, 1943
(Thesis: An Historical Analysis of Price Control)
LL. B. Yale Law School, 1949
Honors: Phi Beta Kappa; Friars (Senior Honor Society);
Druids (Junior Honor Society); Board of Editors, Yale Law
Journal; Benjamin N. Cardozo Prize (best brief in Moot
Court Competition); Phi Delta Phi; Corbey Court.
Professional Experience
1. Acting Chairman, Council on Environmental Quality and Director,
Office of Environmental Quality, ift the Executive Office of the President.
October 1, 1976 to present
In this Executive II level position, directs all activities of the Council
and the Office of Environmental Quality. The Council provides policy recom-
mendations to the President and to Congress on environmental matters and
administers the National Environmental Policy Act.
2
2. Member, Council on Environmental Quality, Executive Office of the
President. October 10, 1972 to present.
Presidential appointment at Executive IV level confirmed by Senate.
Areas of specialization have included environmental law, economics,
energy and international affairs. Has played a key role in helping shape
U.S. and international policy while a delegate to the Stockholm Conference
on the Human Environment, the Law of the Sea Conference, the United
Nations Environment Program (UNEP), the International Conference on
Ocean Dumping and the Joint Commission of the U.S. USSR Environmental
Agreement.
Was U.S. Senior Environmental Adviser to Economic Commission
for Europe (ECE) and helped coordinate first environmental work program
for that organization. Is U.S. Chairman of Legal and Administrative
Measures Area under U.S. -USSR Environmental Agreement.
Participated in the Presidential review of the Outer Continental
Shelf drilling program, the review of the non-nuclear energy R&D program,
and the President's Timber Task Force.
3. Deputy Assistant Secretary of Defense (Environmental Quality),
October 1971 to October 1972.
First incumbent in this newly-created position. Exercised broad
authority in establishing Department of Defense environmental management
policies and supervising compliance with environmental laws by Defense
components. Received Meritorious Civilian Service Award fo'r "remarkable
managerial talent and dedication" in that assignment. Served as Department
of Defense representative in reviewing the Report of the Williams Commission
on International Trade and Investment Policy. Coordinated all policy input
within Defense Department on Stockholm Conference on Human Environment
and Ocean Dumping Convention.
4. Partner, Law Firm of Busterud, Draper and Adams, San Francisco
(1970-1971), Partner, Broad, Busterud, and Khourie, San Francisco (1957-1970).
Specialized in anti-trust, trade association, legislation, corporation
and conservation matters. Drafted Federal legislation related to Buy
American legislation and interpreting applicability of General Agreement
on Trade and Tariffs (GATT). Was counsel for San Francisco Golden Gate
Parking Corporation and San Francisco Airport Improvement Corporation,
both issuers of tax-exempt bonds, and served as de facto executive director
of each.
GERALD R. LIBRARY FORD
3
Responsible for creation of California Constitution Review
Commission. Served as Special Counsel, later as a member of the
Commission. Participated in successful revision of California
Constitution. My role as Special Counsel was equivalent to that of
Executive Director.
5. Associate, Law Firm of Thelen, Marrin, Johnson and Bridges,
San Francisco. 1949-1953.
Specialized in general business and corporate litigation.
6. Member of California Legislative (State Assembly). 1957-1963
Served as Chairman of Constitutional Amendments Committee and
leader of Constitutional Revision movement in California; Chairman of
Republican Caucus; Member, Joint Committee on Judicial Administration
and Assembly Judiciary Committee, and subcommittee on Uniform
Securities Act.
Community Activities:
President, Commonwealth Club of California, 1970
President, Headlands, Inc. 1969-71 (charitable conservation organization)
Marin County Chairman, People for a Golden Gate National Recreation Area
Member, Marin County State Park Advisory Committee
Member, California Constitution Revision Commission, 1965 -
Vice President, Associated Regional Citizens (charitable organization
devoted to study of regional government in San Francisco area)
Republican Nominee for State Treasurer, 1962
Trustee, Grace Episcopal Cathedral, San Francisco, 1957'-60
President, California Young Republicans, 1955-56
President, San Francisco Young Republicans, 1953-54
Young Republican Chairman on Arrangements, GOP National Convention,
1956
Chairman, Northern California Youth for Eisenhower, 1952
Professional Activities:
Served on San Francisco Bar Association Committees on Anti-trust,
Corporations, Legislation. Chairman of San Francisco Bar Committee on
Cooperation with the Federal District Court. Member of Anti-trust,
Corporation and Natural Resources Sections and Legislative Committee of
American Bar Association.
4
Memberships:
Phi Beta Kappa, Bohemian Club, Cosmos Club, Yale Club of New York,
Commonwealth Club of California, American Academy of Political
Science, American Bar Association, Bar Association of San Francisco,
American Judicature Society, Phi Delta Phi.
Publications:
International Environmental Relations, 7 Natural Resources Lawyer 325
(1974).
The Future of Regional Planning in the United States, published in
ENVIRONMENTAL MANAGEMENT IN THE COLORADO RIVER BASIN
(Utah State University Press, Logan, 1974).
Environmental Challenges and Port Development, pu blished in PORT
PLANNING AND DEVELOPMENT, edited by Schenker and Brockel
(Cornell Maritime Press, Inc. 1974).
The Impact of Environmental Control on International Trade and
Economics, Proceedings of International Pollution Engineering
Congress (Philadelphia, 1973).
Politics of Constitutional Revision, published in CALIFORNIA POLITICS
AND POLICIES, (Addison-Wesley, Palo Alto, 1966).
Liquidation of Subsidiaries under Section l12(b)(i); 58 Yale Law
Journal 1050 (1950).
Energy Policy and the Environment, 54 Oregon Law Review 503 (1976)
GERALD FORD VIBRARY
ACTION
DOMESTIC COUNCIL
2
FROM:
RUSS TRAIN (via Humphreys)
SUBJECT:
Letter to the President re:
EPA's efforts to reduce impact of
environmental regs. on small
business.
Date: 10/13/76
COMMENTS:
Per your instruction, George
has prepared a brief cover
memo to the President summarizing
the EPA letter.
FORD LIBRARY & GENALD
10/14
pat
ACTION:
Date:
THE WHITE HOUSE
WASHINGTON
9/15/76
976 SEP 15 PM 541
TO:
JIM CANNON
MDC.
Robert D. Linder
THE WHITE HOUSE
WASHINGTON
9/16
DATE:
TO: George H
FROM:
ALLEN MOORE
SUBJECT:
ACTION:
like FYI: a one page In len)
JMC would
summary of then for
transmettal to
the President Thank
THE WHITE HOUSE
invio.
WASHINGTON
October 13, 1976
MEMORANDUM TO: THE PRESIDENT
FROM:
SUBJECT:
Acknowledgement of Letter From Russ Train
JIM CANNON Jun
Covering Impact of Regulations on Small
Businesses
In the attached letter to you (TAB A), Administrator
Train is reporting on actions EPA has taken to reduce
the economic impact of environmental regulations on small
businesses. This is in response to your statement of
concern about this issue when you signed the 1976
amendments to the Small Business Act (June 4, 1976,
P.L. 94-305).
Mr. Train reports three areas of activity:
GERALO FORD CIBRARY
Explicitly assessing the potential impacts of
environmental regulations on small businesses.
EPA is explicitly analyzing the problems of small
businesses and is sponsoring studies, both alone
and jointly with SBA on the potential problems
faced by various types of small businesses. When
these studies identify special burdens, EPA has
adopted separate pollution abatement requirements
for small producers.
Providing financial assistance to small businesses
adversely affected. There are two joint EPA/SBA
financial programs already in existence. More effort
is being given to publicize them.
Monitoring the actual impacts of pollution control
laws on small businesses. EPA and SBA have set up
an arrangement whereby EPA will inform SBA of
potential closures, and Mr. Train has designated one
of his senior advisors to oversee all small business issues.
I recommend your signing a letter of acknowledgement from
you to Mr. Train (TAB B).
DRAFT
10/13/76
Dear Russ:
Thank you for your letter of September 10, reporting
on the actions that EPA is undertaking by itself and
in association with the SBA to mitigate the adverse
impacts of pollution control regulations on small
businesses. As I said in my June 4, comments on the 1976
amendments to the Small Business Act, I believe that this
is a very important problem.
I am pleased to learn of the steps you have taken
on this issue and I expect that your studies and coor-
dination will continue to result in specific actions.
We must attempt to reduce serious adverse impacts on
small businesses while continuing to move toward achieving
our clean-up goals. I hope you will keep me informed
of your progress in this regard.
Sincerely,
Gerald R. Ford
UNITED
STATES.
AGENCY
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
PROTECTION
WASHINGTON, D.C. 20460
SEP 10 1976
THE ADMINISTRATOR
RL
Dear Mr. President:
In your statement in signing into law P. L. 94-305 (S. 2498) on
June 4, you directed the Environmental Protection Agency (EPA)
to work with the Small Business Administration (SBA) on loan
programs to the small business community for pollution activities
and to devote special attention to pollution regulations which the
small business community believes excessively burdensome or
inequitable. The purpose of this letter is to provide you with a
brief summary of the actions already underway or contemplated
by EPA for the immediate future pursuant to that directive.
As you noted in commenting on PL 94-305, EPA already has
taken cognizance of the special problems of small business in
complying with Federal environmental regulations. In certain
industries where studies have suggested an excessive impact on
small business, one alternative utilized by EPA has been to
develop separate standards applicable to small producers.
Effluent guidelines have been modified specifically for small
producers in dairies, electroplating, leather goods, seafoods,
textiles, and meat processing. We also have funded an SBA
study and provided staff support to work closely with SBA in
determining the differential impact of pollution control costs
between large and small firms. Our interest in studies of this
kind is in the assessment of particular areas where the smaller
firm is disadvantaged because of the need to comply with Federal
environmental regulations. A major EPA study also has been
initiated on iron foundries, an industry characterized by a
multitude of small firms and which is experiencing particular
difficulties in the area of pollution control.
Through our liaison with the Small Business Administration
we keep SBA apprised of industrial plants that we ascertain are
experiencing particular difficulty allegedly due to pollution control
costs. These plants are usually the very small, very old plants
with which SBA is concerned in its water and air pollution control
FORD
LIBRARY
- 2 -
loan programs. We also have established simplified procedures,
in cooperation with SBA, for EPA certification as to the need and
adequacy of SBA loan applicants in the area of water pollution
control. A similar program will be undertaken to certify pollution
control equipment for the SBA guaranteed Pollution Control Revenue
Bond Program.
To ensure that the special problems of the small business commu-
nity are fully addressed in the environmental area, I have recently
designated Mr. Maurice Eastin, the Special Consultant for Industry
Relations on my staff, to oversee top level policy issues with the
Small Business Administration. Mr. Eastin will keep me personally
informed of policy and operational developments and will provide the
main point of contact with SBA on environmental matters concerning
the small business community.
The Agency currently is undertaking further actions under the
Federal Water Pollution Control Amendments of 1972 (FWPCA)
specifically in regard to small enterprises. The FWPCA requires
by 1977 the application of the best practicable control technology
currently available (BPT) and by 1983 application of the best available
technology economically achievable (BAT). While the FWPCA does
not allow for economic variances to the BPT 1977 requirements except
on an industry-wide basis, the legislation does allow case-by-case
consideration of economic impacts of the BAT requirements under
the provisions of Section 301(c). Thus, we can be particularly re-
sponsive to the special problems of smaller firms in the 1983 require-
ments. The BAT requirements are now being reviewed with particular
sensitivity generally to the impacts on small business.
Concurrently, review processes are underway in other areas
such as the recovery of gasoline vapors from the motor vehicle
refueling process at service stations and in the area of reduction
in the amount of lead additives in gasoline. Proposals for the
recovery of vapors in refueling and the scheduling of a timed
phase-down of lead additives in gasoline have raised some concern
among the operators of gasoline filling stations and small refineries.
The on-going review within the Agency gives special emphasis to
these retail outlets and small refineries.
FORD
LIBRARY
- 3 -
The Agency also is initiating talks with the Small Business
Administration in an effort to publicize more widely than in the
past the availability of existing Federal assistance programs. We
are encouraging greater coordination between EPA and SBA in the
regional and field offices. EPA will be initiating a program to
notify each small businessman who applies for a National Pollution
Discharge Elimination System permit of the existence and qualifi-
cation requirements of the SBA/EPA pollution control loan program.
In addition, we are taking stepsto join with SBA and the Department
of Agriculture in notifying farmers and various agribusiness firms
of their eligibility for Federal pollution control loans. We also are
planning to supply a packet of materials describing all Federal
assistance programs available to facilitate compliance with pollution
control regulations. The Agency's Standards and Regulations Manual,
which defines internal procedures for developing environmental
regulations, also will be revised to ensure that special consideration
is given in the development process to the compliance difficulties of
the small businessman.
We expect that these on-going and planned efforts, reflecting
particular sensitivity to the special problems of the small business
enterprise, will in time minimize the impacts of pollution regulations
which may be excessively burdensome or inequitable to the small
business sector.
Respectfully, RussellE. Train
The President
The White House
Washington, D. C. 20500
GERALD LIBRARY FORD
THE WHITE HOUSE
Forest
WASHINGTON
D75 00120 PM 12 10
October 20, 1976
MEMORANDUM FOR:
DICK CHENEY
JACK MARSH
FROM:
MAX FRIEDERSDORF
m.6.
SUBJECT:
Signing of S. 3091
I recommend that the Forest Products bill, S. 3091, be signed
during the President's visit to Raleigh, North Carolina,
rather than in South Carolina, as has been proposed.
CC: Jim Cannon
Paul O'Neill
Bill Nicholson
Jim Baker
Red Cavaney
Pat Rowland
FORD & LIBRARY
102017
George
t
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY
722 JACKSON PLACE, N.W.
WASHINGTON, D. C. 20006
Hurphers
October 22, 1976
976 001 28 AM 9 12
MEMORANDUM FOR JAMES CANNON, DOMESTIC COUNCIL
From:
John Busterud, Acting Chairman
JB
Subject:
Environmental Record
Yesterday I prepared a short Op Ed piece on "Setting the
Environmental Record Straight" and delivered it to Dave Gergen
at the Office of Communications, at the suggestion of Mike Duval.
I also prepared a two-page briefing statement on the environment
which I thought might be useful for the President to review before
the debate.
I thought you might like to have a copy of each of these for your
files.
It was my suggestion that the Op Ed piece ought to be signed by
some outside environmentalist, such as Lawrence Rockefeller,
if possible.
Let me know if I can be of any further help in these closing days.
Attachments
GREAED ? LIBRANY FORD
102802
BRIEFING STATEMENT: ENVIRONMENT
GERALD FORD LIBRARY
I believe that an even-handed examination of my environme ntal
and conservation record will show that I have given strong support
to environmental programs. At the same time I have had to weigh
the speed with which we attack environmental problems against
other pressing demands for governmental funding.
It has taken more than a hundred years for us to get our selves
in our present environmental predicament, and no reasonable
American can expect us to reverse past practices and eliminate
pollution in five or six years. But we are on the right track, and
programs now on the books will bring us a much cleaner environment
by 1980 and 1985.
My Council on Environmental Quality, a respected body of senior
environmentalists, tells me that we are making real progress in
cleaning up our water and our air, and that by 1985 there will be
dramatic improvement.
This year I have signed into law many important environmental
bills, which will further improve the quality of life. One such measure
is the toxic substances bill to require pre-market testing of chemicals
which may endanger human health.
Another is a $1.2 billion program of federal aid to coastal states
to help avoid adverse effects of off-shore oil development.
2
A third is a bill which will greatly expand funding for the
nation's park and recreation system.
One of the most important acts is that of setting up new
environmental controls over national forest management, assuring
that this important resource will be protected for all our people.
We have also limited mining in National Parks, and elimina ted
a practice first adopted in the 1930's at the suggestion of President
Franklin Roosevelt.
I will be announcing shortly a comprehensive program to limit
nuclear proliferation and to prevent aircraft noise -- programs on
which we have spent months of careful study.
Under my Administration we are building the Trans-Alaska
Pipeline under the most rigorous environmental regulations ever
required in pipeline construction, inspecting every weld on the long route.
I am dedicated to a cleaner environment, and I will continue to
support strong programs in this area. But I will also continue to
balance those programs against our other vital national interests,
including our need for en ergy independence and for a healthy economy
that will supply a growing number of jobs for Americans.
GESALD FORD LIBRARY
Setting the Environmental Record Straight
It has become fashionable of late to criticize President
Ford for his failure to exercise omniscience in dealing with a
myriad of national problems. The latest of these efforts has
come from a group of environmental spokesmen for the Carter
Campaign, and is couched in some rather intemperate language.
Thus, it refers to the quite decent environmental record of the
Ford Administration as being one that showed "unprecedented
insensitivity" to environmental issues and calls the Ford policies
"neglectful, insensitive, regressive and unrealistic."
Responsible environmentalists will, I am sure, look
at the whole record of performance of President Ford in this
critically important area of concern and not at a four-page
"critique" filled with intemperate language, which weaves its
way back and forth from one inconsistent statement to another,
seeking to distinguish the considerable number of instances in
which the President has supported sound environmental legislation
by implying that he was pushed, pulled or dragged into that position.
- 2 -
Let us look for a moment at the record of accomplish-
ment of a conservation-minded Congress this year, working
together with President Ford. It has been said by some
impartial environmental observers that the record of environ-
mental accomplishment this year is greater than any time since
such concerns became widespread. One need only look at the
record of bills sent to the President and signed by him to
substantiate this claim.
Perhaps most important on this list is the toxic
substances bill, originally proposed by the Nixon Administration
but which has now become law in modified form under the aegis
of President Ford. This bill will tighten Federal regulation of
industrial and commercial chemicals and require pre-market
testing and review of new chemicals before they are allowed to
reach the hands of the consuming public. The bill was opposed
by several major chemical companies but, despite that fact,
President Ford acted in the public interest in signing the
legislation. (Incidentally, it is President Ford's administration
that has just announced its intent to regulate or end the release
- 3 -
of fluorocarbons from spray cans, which are believed to
adversely affect the ozone layer.)
One should also give the President credit, along
with the Congress, for enactment of a $1. 2 billion program of
Federal aid to coastal states designed to help them deal with
the onshore effects of off-shore gas and oil development.
This funding program will do much to ameliorate undesirable
effects caused by such development and will activate a number
of state coastal planning programs.
Unfortunately a degree of controversy surrounded
President Ford's August announcement of a new funding
program for national parks, including plans for acquisition
of thousands of acres of new park and recreation land. This
program, conceived by the Interior Department long before its
announcement, contained many desirable provisions, but
Congress, in its wisdom, instead enacted its own bill, Senate
S-327, which substantially boosted fund authorization levels
for expanding the nation's park and recreation system.
President Ford, seeing the value of making progress in this
- 4 -
area, signed the bill presented to him by Congress even though
it did not conform in all respects to this proposal.
Another most important piece of legislation, signed
by President Ford, was the bill setting important environmental
guidelines for national forest management and strictly limiting
the extent to which clearcutting could take place in such forests.
This bill was a major step forward in developing an intelligent
national policy for harvesting of trees in the national forests
and includes requirements for developing long-range planning
for this important natural resource as well as endorsing the
concept of even-flow timber harvesting.
Another important measure proposed by the President
and enacted by this Congress, was the revision of the Bureau of
Land Management Organic Act which, among other things,
prohibits new mining or other commercial operations on public
lands and imposes new requirements for limiting patent of mining
claims. Perhaps Governor Carter's environmental supporters
are unaware that a large part of this mining-in-parks problem
resulted from President Franklin D. Roosevelt's
proposal to open public lands, including Glacier Bay
GEAALD FORD LIBRARY
- 5 -
National Monument and Death Valley, to such mining
operations.
Other environmental initiatives supported by the
President include:
-
Support for many voluntary conservation programs
in the energy field.
-
Signing of a measure significantly expanding Federal
and state programs for handling solid waste.
-
Development of a responsible program for limiting
nuclear proliferation, which will be finalized in the
next few days.
-
Development of a program to control airport noise
which involves eventual replacement of aircraft
fleets with more modern, quieter and more fuel
efficient aircraft.
-
Support for legislation guaranteeing local bonds used for
construction of municipal waste water treatment plants.
-
Support for legislation allowing diversion of highway
trust funds for mass urban transit at the option of
- 6 -
local communities.
-
Development of outer continental shelf oil areas
under carefully controlled environmental conditions.
-
Exercise of careful control over construction of
the Trans-Alaska Oil Pipeline, including the
requirement that the builders replace faulty welding
connections, provide the most rigorous safety
regulations in the history of pipeline construction
and guarantee access by Alaska wildlife to feeding
areas. (100% of the wilds on the pipeline were tested,
as compared with the usual 10% on other pipeline
construction. )
It is true that President Ford has vetoed a number of bills
considered important by a number of environmentalists.
However, a careful analysis of the history of such vetoed legislation
indicates that (1) President Ford often supported the concept of
the legislation and suggested extensive amendments to
cure what he thought were defects, (2) his opposition
often resulted from the necessity for making difficult
choices in the energy field in order to continue moving
toward greater use of our most plentiful natural energy
- 7 -
resource, coal, or (3) he had a balanced concern for the
sensitive interrelationship between the environment and
energy use and the delicate state of the economy in a time
of recession and inflation.
President Ford's attitude toward the environment has
been one of support, tempered by his responsibility
for addressing other pressing demands upon America including
the need to avoid the disastrous effects of another oil boycott
and the desire to return as much of government to state and
local levels as is consistent with priority national needs.
His view has been a pragmatic one, recognizing that we
got ourselves into our present environmental condition over the
course of a hundred years or more, and we cannot expect to
cure that condition and still provide jobs for our people and
critically needed energy in a short period of two or three
or four years.
Moreover, many environmental programs such as the Clean
Air Act, the Federal Water Pollution Control Act and the National
Environmental Policy Act went on the books in the early part
- 8 -
of this decade, and the greatest need now in dealing with
environmental laws is to see that those original pieces of
legislation are made to work effectively to achieve the results
contemplated at the time of their passage. This is a
time for "fine tuning" of our environmental laws and not for
drastic new initiatives, except in such areas as toxic
chemicals. In that light it is indeed remarkable that this
year's Congress and the President were able to achieve the
constructive record of accomplishments that I have outlined.
It would indeed be unfortunate if the President were
forced to write off the environmental vote as one that is
insensitive to this kind of constructive legislative accomplish-
ment. Fortunately Mr. Ford is not that kind of President.
He will recognize that most Americans, including responsible
environmentalists, support his approach, and he will continue
to build a long term record of constructive environmental
accomplishment.
CC: McConahey
Humphreys
THE WHITE HOUSE
WASHINGTON
075
October 26, 1976
Di
FOR
47
MEMORANDUM FOR:
JIM CANNON
FROM:
JIM CONNOR JEE
SUBJECT:
Inclusion of Chamberlain Basin
in Wilderness Recommendations
Confirming verbal advices, the President reviewed your memo-
randum of October 22 on the above subject and approved your
recommendation to include the Chamberlain Basin in this wilder-
ness area and that he will ask the next Congress to do so through
an amendment to the Idaho Primitive Area under the Wilderness
Act.
The President signed the letter to Congressman Symms and
it has been given to Max Friedersdorf's office for delivery.
Please follow-up with any other action that is necessary.
cc: Dick Cheney
FORD is LIBRARY
1026 20
Deorge Humphieys
Envio
ACTION
JMC REQUEST
THE WHITE HOUSE
WASHINGTON
October 27, 1976 976 OCT 27 AM 9 18
MEMORANDUM TO: JIM CANNON
FROM:
GEORGE W. HUMPHREYS Gut
Attached is the CEQ graph we discussed, plus a draft
memo to Greenspan.
Geo- Thank
FORD LIBRARY & GERALD
Jen
cc: Humphreys
THE WHITE HOUSE
file
WASHINGTON
October 27, 1976
1976 OCT 29 AM 7 36
MEMORANDUM FOR:
JIM CANNON
FROM:
The attached letter from Virginia Senator
JACK June
Herb Bateman is self-explanatory. greatly
appreciate you, or a member of your staff on your
behalf, responding directly to Herb.
Would you please have your office direct a copy of
the response to me.
Many thanks.
GERALD R. LIBRARY FORD
georgen on to for 11/1 to w/w to handle of fill this FORM
Lose
back
# 11kg
11/4
102904
THE WHITE HOUSE
WASHINGTON
October 27, 1976
Dear Herb:
It was a real pleasure seeing you,
if only briefly, in Williamsburg
this past weekend.
Concerning your letter on EPA stand-
ards, I have referred this to those
here having responsibility for these
matters with the request that they
respond to you directly. I am sure
you will be hearing from them in the
very near future.
With kindest personal regards, I am
Sincerely,
FORD LIBRARY & CERALD
Jane Jul Jr.
the President
The Honorable Herbert H. Bateman
Senator of the Commonwealth
of Virginia
Post Office Box 78
Newport News, Virginia 23607
OCT 23 1976
COMMONWEALTH OF VIRGINIA
VIRGINIA
HERBERT H. BATEMAN
Dan
SEMPER
COMMITTEE ASSIGNMENTS:
2ND SENATORIAL DISTRICT
AGRICULTURE, CONSERVATION AND
CITY OF NEWPORT NEWS,
NATURAL RESOURCES
SOUTHEASTERN PART OF
SENATE
COURTS OF JUSTICE
P.O. BOX 78
FINANCE
NEWPORT NEWS, VIRGINIA 23607
TRANSPORTATION
reply
October 21, 1976
Honorable John 0. Marsh
1
Counselor to the President
White House
Washington, D.C. 20006
Dear Jack:
The prolonged and deepening crisis of the Virginia seafood
industry as a result of kepone contamination of the James River
necessitates this urgent request for your good offices on behalf
of Virginia's first industry.
There is a practical, justified, beneficial action which could
do a great deal to make possible the survival of the industry. It
is no exaggeration to say without this action being taken, the
Virginia seafood industry cannot survive.
The action needed and justified by the evidence is to increase
the "action level" set by EPA and accepted by FDA from the present
level for fin fish of one-tenth part per million (.1 ppm). Let me
assure you, I would not advocate an increase, if to do so would
jeopardize human health. I am enclosing a letter from the National
Fisheries Institute to EPA which sets forth in some detail the
data and rationale the Virginia seafood industry urges as a basis for
an increase in the action level.
The enclosed letter, you will note, accepts every technical
premise used by EPA in establishing the "action level" for kepone as
relates to the extent and nature of its toxicity, even though there
are eminent toxicologists who do question those premises. I repeat -
we are not.
All we ask is that the market and consumption data we have
furnished EPA be used rather than the data available to them when
they originally set the action level. The market-consumption data
they used was the average total consumption of fin fish. What we
have requested they use is the market-consumption data of seafood
which has been exposed to kepone contaminated waters.
Honorable John 0. Marsh
Page 2
October 21, 1976
If all fin fish were exposed to or contaminated by kepone, we
would concede they are correct in the market-consumption data they
have employed. But, this is not the case. The portion of the seafood
diet of over 37,000,000 Americans which comes from waters where fin
fish are exposed to kepone contamination is a very small amount
(only 2.4% of the fin fish diet in the market area where Virginia fin
fish is distributed).
Use of the appropriate, relevant market-consumption data, using
orthodox concepts employed in setting an "action level" dictates a
significant increase in the "action level" without any attendant
increase in any risk to human health resulting from the raising of the
"action level".
Without this reasonable, prudent action, the Virginia seafood
industry cannot survive and thousands of jobs and countless millions
of dollars each year will be lost.
Please in every proper way support our effort to have EPA and
FDA reevaluate the "action level" which they necessarily had to
set on an emergency basis originally in light of this new and
relevant market-consumption data belatedly sent them.
Sincerely,
Rent
Herbert H. Bateman
HHB/jge
Enclosure
Il also enclose T. D. anticle on the publiclly
the would. Kis Jive is show f
stated P.S. view of one of the most neroun sevend tospicologisto atters I have in
talked with
NATIONAL FISHERIES INSTITUTE, INC.
1730 PEINSYLVANIA AVENUE N.W. WASHINGTON DO 20006 " 12021 785-0500
October 14, 1976
Dr. Jack Blanchard
Kepone Coordinator
Office of the Administrator
ENVIRONMENTAL PROTECTION AGENCY
401 M St., S.W.
(A-101)
Washington, D.C. 20460
Dear Dr. Blanchard:
On behalf of the members of the National Fisheries Institute and the
Virginia Seafood Council, I would like to thank you and your staff mem-
bers for taking time on September 30 to discuss the problem of kepone
contamination of Virginia waters with US.
We understand the difficulty of the problem and are anxious to be
of every assistance to the Agency in properly meeting the manifest pro-
blems involved.
As we pointed out during the meeting, the seafood industry, through
no fault of its own, finds itself in an extremely difficult position.
When the presence of kepone in the James River area became known almost
a year ago, little data was available as to the extent of the problem
or the relationship of affected fish to the marketplace, and the nature
and extent of the risk to human health. Now, it would seem that con-
tinued testing conducted since that time and a more sophisticated
analysis of market information calls for a re-evaluation of the action
level for finfish necessary to protect public health while avoiding
any unnecessary burden on the seafood industry.
We understand that the original action level of 0.1 ppm for finfish
was established by orthodox methods and was based on several premises,
principal of which were:
1.
The lowest effect level of kepone in test animals
is 1 ppm in total diet fed to rats over a 12-month
period resulting in detection of moderate increases
in protein urea. (Interestingly, in the same test, a
slight increase was also shown in the male control
rats which had no kepone exposure).
FORD
is
GERALD
LIBRARY
Dr. Jack Blanchard
October 14, 1976
Page Two
2.
The presence of 1 ppm kepone in the test animal
diet translates to a daily dosage in man of .05
milligrams per kilogram.
3.
A 1,000 time safety factor was applied, thus
limiting the maximum permissible human intake
to 3 micrograms daily, based on a mean human
weight of sixty kilograms.
4.
Finfish represent 0.72 percent of the average
daily human diet of 1500 grams; thus that amount
(10.8 grams) at 0.1 ppm would contain 0.97 micro-
grams of kepone or one-third the daily maximum
permissible intake. Shellfish at 0.23 percent
of the daily diet (3.45 grams) would contain
1.03 micrograms of kepone at the action level of
0.3 ppm. It seems that one-third the maximum
permissible intake is held in reserve for possible
additional exposure.
New data and further study of affected product would suggest that a
higher action level is called for within the parameters of the originally
determined safeguards for human health.
The most impressive information is the relatively low volume of pro-
duct that is caught in the area exposed to kepone. Total commercial
finfish catch for human consumption in the Chesapeake Bay last year amounted
to only 17.5 million pounds. This must be translated to edible weight,
which typically amounts to 45 percent the live weight. Therefore, it
appears that only 7.9 million pounds of fish from the Chesapeake enter.
commercial channels. At the same time, we recognize that one cannot use
the entire national population as the base for any estimate of dietary
impact of this product. Information gathered from industry sources,
shows that approximately 90 percent of the total finfish taken from the
Chesapeake Bay is sold in the Mid-Atlantic states, with the bulk of this
remaining in the major cities.
The combined population of New York, Baltimore, Washington, Hartford,
Richmond, New Haven and Philadelphia metropolitan areas alone totals
37.6 million. Using the standard consumption information of 8.7 pounds
per year, this element of the population would be expected to consume
327 million pounds of fish per year. However, Chesapeake Bay fish comprises
only 2.4 percent of that amount. On a straight mathematical basis, the
Chesapeake Bay product represents annually 3 and one-third ounces per
person rather than the 8.7 pounds assumed in the present action level
calculation, based as it is upon total finfish consumption.
FORD
GERALD,
LIBRARY
Dr. Jack Blanchard
October 14, 1976
Page Three
It would seem that on the basis of realistic consumption data, rather
than the total consumption of finfish, the action level should be multi-
plied many times. A closer look at the specific information on the finfish
catch in the Chesapeake Bay provides an additional insight into the matter.
Our information shows the 1975 commercial catch of Bay fish includes only
2.7 million pounds of bluefish. The remaining 14.8 million pounds is
divided among such species as striped bass, flounder, trout, croaker,
catfish, butterfish, and spot, all of which have lower kepone values than
bluefish.
Consolidated information from the State of Virginia on all tests on all
the species listed above indicates that 14.2 percent of the Bay fish tested
show kepone in excess of the 0.1 ppm action level. If the action level
were raised, the result would be to allow into the market 1,107,600 pounds
of product with more than 0.1 ppm kepone. This fish is distributed to a
population of more than 37 million people. It we assume that the levels in
these fish average 0.3 ppm, the total amount of additional kepone being
allowed to reach 37.6 million people is 150 grams annually, or about four
micrograms per person per year. The present action level which already
provides a 1,000 times safety factor and has a one-third margin for unknown
exposure, contemplates annual ingestion of 1,095 micrograms as being within
the limit you have determined to be necessary for protection of human health.
Thus, the actual annual exposure from eating finfish subject to kepone
contamination is in fact dramatically lower than the gross consumption data
presently used would suggest.
Utilizing the relevant consumption and marketing data just recently
made available to you, it seems apparent that the action level for finfish
not only can, but should be substantially increased. Doing so leaves undis-
turbed every technical premise relied upon in setting the action level for
kepone in finfish. It would not change in any measurable fashion the exposure
of the public to ingestion of kepone, or in any manner result in any negative
impact on human health not contemplated by the present formulation of the
action level for finfish which is based on inappropriate consumption and
marketing data.
No one in the seafood industry wants human health jeopardized, but the
industry does feel very strongly that as an innocent bystander, it should
not be disadvantaged by an action level determined by use of inappropriate
and unrealistic consumption and marketing data.
Your urgent consideration will be deeply appreciated in light of the
serious affect on the seafood industry that is now involved, and is likely
to grow worse. The NFI and the Virginia Seafood Council stand ready to
substantiate the data we have presented and will cooperate in every possible
Dr. Jack Blanchard
October 14, 1976
Page Four
way in continued testing and monitoring of seafood to further assure that
there is no jeopardy to human health. Looking forward to your early response
and with great appreciation for your willingness to re-evaluate the action
level as presently established, I remain
Sincerely,
NATIONAL FISHERIES INSTITUTE
Lee J. Weddig
Executive Director
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ORD
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Couple Demonstrates 'Early Music' Using Instruments of 17th, 18th Centuries
NichnonTimesDispated Oct 21
Overreactionto Kepone
In State Is Charged
By Nancy Finch
the Virginia incident and often visits Richmond
Times-Dispatch
for work at A.H. A: Robins Co. and the Medical
Food Editor
College of Virgmia, is á member of the United
ATLANTA - Virginia has "overreacted
Nation's World Health Organization's expert
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
Emin
THE WHITE HOUSE
Im
WASHINGTON
October 28, 1976
Any
MEMORANDUM FOR:
JACK MARSH
FROM:
PAT ROWLAND
PR IF
SUBJECT:
Oregon
Craig Bergland, PFC Co-Chairman in Oregon, called on
behalf of himself and former Congressman Wendall Wyatt.
They are urging that a telegram from the White House
be read by Dole when he is in Eastern Oregon today.
The purpose of the telegram would be to help show the
President's commitment to reduce the high unemployment in the
area. The suggested text of the telegram is as follows:
"At the direction of the President the White House is under-
taking (a review of the causes of the delay in bureaucratic
procedures in connection with the proposed aluminum plant
in your area.
Please be assured of President Ford's deep commitment to
the creation of jobs through the private business sector."
Signed
Bergland tells me that the construction of the aluminum
plant is being held up by red tape procedures at the
Bonneville Power Plant. The President would not be com-
mitting himself in the telegram to any more than looking
into the delay. Bergland's telephone number is 503-227-0700.
-228-2795
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