MERCHANT MARINE AND FISHERIES NINETY-SECOND CONGRESS SECOND SESSION ON H.R. 14103 A BILL TO AMEND THE NATIONAL ENVIRONMENTAL COMMITTEE ON MERCHANT MARINE AND FISHERIES EDWARD A. GARMATZ, Maryland, Chairman LEONOR K. (MRS. JOHN B.) SULLIVAN, THOMAS M. PELLY, Washington Missouri FRANK M. CLARK, Pennsylvania FRANK A. STUBBLEFIELD, Kentucky CHARLES H. GRIFFIN, Mississippi ROBERT O. TIERNAN, Rhode Island WILLIAM S. MAILLIARD, California GEORGE A. GOODLING, Pennsylvania PAUL N. MCCLOSKEY, JR., California ROBERT H. STEELE, Connecticut PIERRE S. (PETE) DU PONT, Delaware RALPH E. CASEY, Chief Counsel SUBCOMMITTEE ON FISHERIES AND WILDLIFE CONSERVATION JOHN D. DINGELL, Michigan, Chairman ALTON LENNON, North Carolina THOMAS M. PELLY, Washington (II) 30072 Atkeson, Timothy, general counsel, Council of Environmental Quality Cousins, Col. John H., assistant chief, Operations, Corps of Engineers, Fri, Hon. Robert W., Deputy Administrator, Environmental Protec- Harris, Shearon, chairman, Edison Electric Institute.. Kearney, John J., vice president, Edison Electric Institute... Nichols, Guy W., New England Electric System.. Quarles, John, Assistant Administrator for Enforcement, EPA Rauch, Robert J., assistant legislative director, Friends of the Earth.. Ritchie, Stark, general counsel, American Petroleum Institute... Roisman, Anthony Z., with law firm of Berlin, Roisman & Kessler... Van Ert, Jess W., chairman, Environmental Law Committee, American Petroleum Institute___ Zener, Robert, associate general counsel, EPA.. Abel Davis, et al. v. Rogers C. B. Morton, et al., dated December "National Environmental Policy Act of 1969," from the Congres- 125 "Clean Water Battle Is Near Drowning, Key Agency Fears," article from the Wall Street Journal, June 13, 1972- "EPA Battles for Pollution Curb," article from the Washington Kalur v. Resor, water quality and NEPA's application to EPA, 93 Cost to the Federal Government to implement H.R. 14103.......... 31 Baker, Hon. Howard H., Jr., letter to Administrator Ruckelshaus 178 Biddison, James A., letter dated May 25, 1972 Crawford, W. Donham, letter dated May 15, 1972 enclosing statistical 227 116 Memo from Director, Office of Refuse Act Programs, to Assistant Di- Nedry, Alan M., letter dated April 27, 1972_-- Quarles, John R., Jr.: Letter dated June 7, 1972. Letter dated June 14, 1972.. Letter dated July 24, 1972, with memo attached.. Memo to the Administrator, EPA, dated April 24, 1972. Ritchie, Stark, letter dated July 24, 1972, with enclosures__ 194 Ruckelshaus, William D., letter to Senator Baker dated May 23, 1972, with enclosure.... 170 TEMPORARY EXEMPTION FROM SECTION 102 STATEMENTS TUESDAY, MAY 2, 1972 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON FISHERIES AND WILDLIFE CONSERVATION Washington, D.C. The subcommittee convened at 10:05 a.m., in room 1334, Longworth Building, Hon. John D. Dingell (chairman) presiding. Mr. DINGELL. The subcommittee will come to order. The Chair observes that today we begin hearings on H.R. 14103. There is also pending before this committee a number of other pieces of legislation relating to the National Environmental Policy Act, particularly section 102, and the requirements for the preparation of environmental impact statements by the Corps of Engineers and other Federal agencies. This bill would provide temporary relief from the requirement of section 102 of the National Environmental Policy Act of 1969 that the Corps of Engineers prepare environmental impact statements in connection with the issuance of certain permits under the Refuse Act of 1899. Let the bill and departmental reports appear at this point in the record. (The bill and agency reports follow :) [H.R. 14103, 92d Cong., second sess.] A BILL To amend the National Environmental Policy Act of 1969 to provide a temporary partial exemption from the requirements for the issuance of environmental impact statements Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Environmental Policy Act of 1969 (83 Stat. 852) is amended by adding a new section to read as follows: "SEC. 106. The provision of section 102(2) (C) of this Act providing for the preparation and filing of environmental impact statements shall not apply to the issuance on or before December 31, 1975, of permits under section 13 of the Act of March 3, 1899, or under section 402 of the Federal Water Pollution Control Act, as amended by the Federal Water Pollution Control Act Amendments of 1972, or to any action taken by any Federal agency in connection with such issuance: Provided, That unless the Administrator of the Environmental Protection Agency determines, and publishes his determination, that the issuance of any such permit does not constitute a major Federal action significantly affecting the quality of the human environment, such permit shall not remain in effect beyond December 31, 1977, unless there has been compliance with section 102 of this Act: And provided further, That this section shall not apply to any permit for a discharge from a facility on which construction commenced after April 1, 1972. Nothing in this section shall be construed as affecting any other requirements or procedures established by, or pursuant to, this Act." ((1) |