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The studies will be documented in a joint EPA/DA report. Press releases or meetings connected with the studies will be done jointly. Disposition of the reports will be for State and local use in meeting their water quality management planning requirements. Signed at Washington, D.C., this 15th day of April 1971.
ENVIRONMENTAL PROTECTION AGENCY,
By CHARLES R. FORD,
APPENDIX D MEMORANDUM OF UNDERSTANDING BETWEEN THE ADMINISTRATOR OF THE ENVIRON
MENTAL PROTECTION AGENCY AND THE SECRETARY OF THE ARMY
The Administrator of the Environmental Protection Agency and the Secretary of the Army, recognizing the interrelationship between section 13 of the Act of 3 March 1899 (33 U.S.C. 407) (the “Refuse Act") administered by the Department of the Army and the statutory responsibilities of the Environmental Protection Agency under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151 et seq.), and further recognizing their responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347), and their responsibilities under Executive Order 11574, dated 23 December 1970, which directs the Federal Government to implement a permit program under the Refuse Act to control the Discharge of pollutants into navigable waters and their tributaries, have entered into this memorandum of understanding to delineate more fully the respective responsibilities of said Agency and Department for water pollution abatement and control, and to establish policies and procedures for interagency cooperation in the enforcement of the Refuse Act.
I. RESPONSIBILITIES FOR WATER POLLUTION ABATEMENT AND CONTROL
A. At the Federal level, the Environmental Protection Agency has primary responsibility, pursuant to the Federal Water Pollution Control Act, for the abatement and control of pollution of interstate and navigable waters of the United States.
B. The Department of the Army has primary responsibility for the enforcement of the Refuse Act.
C. Under Executive Order 11574, the Secretary is directed to develop regulations and procedures in consultation with the Administrator governing the issuance of discharge permits under the Refuse Act, and, in connection with the grant, denial, conditioning, revocation and suspension of such permits, to adopt determinations and interpretations of the Administrator respecting water quality standards and compliance therewith.
D. The Department of the Army and the Environmental Protection Agency have in cooperation undertaken to implement the permit authority of the Refuse Act pursuant to a Memorandum of Understanding, dated 12 January 1971, the terms of which are incorporated herein and made a part hereof.
II. THE REFUSE ACT
A. The Refuse Act, 33 U.S.C. 407, provides that: It shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of the navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided, That nothing herein contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of the Army whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, any any violation thereof shall be unawful. Mar. 3, 1899, c. 425.
B. Criminal sanctions may be imposed against persons or corporations found guilty of violating provisions of the Refuse Act. As prescribed in 33 U.S.C. 411, the penalty upon conviction is “a fine not exceeding $2,500 nor less than $500, or ... imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction.”
C. Civil proceedings may also be instituted to enjoin conduct which would violate provisions of the Refuse Act. United States v. Republic Steel Corp., 362 U.S. 482 (1960) and Wyandotte Transportation Co. v. United States, 389 U.S. 191 (1967).
III. POLICY WITH RESPECT TO ENFORCEMENT OF REFUSE ACT
The policy of the Environmental Protection Agency and the Department of the Army is to utilize the Refuse Act and the authorities contained therein to the fullest extent possible and in a manner consistent with the provisions of the Federal Water Pollution Control Act to ensure compliance with a pplicable water quality standards and otherwise to carry out the purposes of the Federal Water Pollution Control Act. Persons wishing to discharge into or place deposits in navigable waters or tributaries thereof will be required to apply for and obtain a permit from the Department of the Army. Persons without an appropriate permit who discharge into such waters in violation of the terms of a valid permit may be subjected to legal proceedings under the Refuse Act.
IV. INTER-AGENCY COOPERATION A. In recognition of the expertise of the Department of the Army and the Corps of Engineers in matters pertaining to the navigability of a waterway, it is agreed that the Department of the Army, acting through the Corps of Engineers, has primary Federal responsibility for identifying and investigating violations of the Refuse Act which have an adverse impact on the navigable capacity of a waterway. Whenever a District Engineer has reason to believe that a discharge has or may have occurred having an adverse impact on water quality, he shall so notify the appropriate Regional Representative of the Environmental Protection Agency and shall provide him with all information, including, if the discharger is the holder of a Refuse Act permit, a copy of said permit and all of the conditions attached thereto. The said Regional Representative shall make such investigation as he deems appropriate and shall advise the District Engineer in a timely manner whether in his opinion a violation of the Refuse Act having an adverse impact on water quality has or may have occurred. If the Regional Representative is of such opinion, he shall make a report to the District Engineer as to the following:
1. The nature and seriousness of the apparent violation (including, if the discharger is the holder of a Refuse Act permit, information as to the conditions of such permit which appear to have been violated).
2. The nature and seriousness of the impact on water quality.
3. The measures, if any, taken or being taken by the discharger to comply with applicable water quality standards or the conditions of a Refuse Act permit, if any.
4. The existence and adequacy of State or local pollution abatement proceedings.
5. The applicability of the Federal Water Pollution Control Act, whether any administrative or judicial proceedings are being taken or contemplated thereunder, and the status of any such proceedings.
6. His recommendations as to the action, if any, which should be taken under the Refuse Act and his reasons therefore. If the discharger is the holder of a Refuse Act permit, such recommended action may include in addition to or in lieu of prosecution under the Refuse Act for one or more of the remedies available thereunder, the suspension or revocation of the permit. A recommendation to suspend shall include a recommendation as to the period and conditions of the suspension.
B. In recognition of the expertise of the Environmental Protection Agency in matters pertaining to water quality, it is agreed that said Agency has primary Federal responsibility for identifying and investigating cases involving discharges into interstate or navigable waters which have an adverse impact on water quality. District Engineers shall assist Regional Representatives of the Environmental Protection Agency by providing them with such information as may become available concerning known or suspected discharges which may adversely affect water quality (including, if the discharger is the holder of a Refuse Act permit, a copy of said permit and all of the conditions attached thereto), and, to the extent of available resources, shall assist in the corduet of investigations concerning such discharges. Regional Representatives shall be responsible for notifying District Engineers or known or suspected violations of the Refuse Act and for providing District Engineers with timely reports of investigations conducted. Whenever in the opinion of the Regional Representative a violation of the Refuse Act having an adverse impact on water quality has or may have occurred, such report shall include all of the same information and recommendations called for in subparagraphs 1 througii 6 of paragraph A with respect to reports submitted under that paragraph,
C. In connection with any remedial action recommended or taken pursuant to this memorandum of understanding, due regard shall be given to the provisions of section 21 (b) of the Federal Water Pollution Control Act, and in particular the provisions of sections 21 (b) (4), 21 (b) (5) and 21 (b) (9) (B) relating to the revocation on suspension of permits.
D. In any case in which a Refuse Act permit is suspended, if the District Engineer has reason to believe that the permittee has or may have violated the terms of the suspension, he shall notify the appropriate Regional Representative of the Environmental Protection Agency and provide him with all available information. The Regional Representative shall make such investigation as he deems appropriate and shall make a report to the District Engineer, such report to include, to the the extent relevant, the information and recommendations called for in subparagraphs 1 through 6 of paragraph A with respect to reports submitted under that paragraph.
E. If upon review of all reports and information prepared pursuant to this memorandum of understanding and any other available evidence, it is determined by the District Engineer of the Corps or the Regional Representative of EPA to request legal proceedings under the Refuse Act, such District Engineer or Re. gional Representative small, in consultation with each other, forward all available evidence and information, including recommenciations, if any, of both the Regional Representative and the District Engineer, to the appropriate United States Attorney. A copy of any covering letter forwarding information and evidence to the appropriate United States Attorney should be mailed, together with a brief summary of the factual background of the case, to the Assistant Attorney General for Lands and Natural Resources, Department of Justice, Washington, D.C. 20530. Dated : January 12, 1971.
WILLIAM D. RUCKELSHAUS, Administrator, Enviromental Protection Agency.
STANLEY R. RESOR,
Secretary of the Army.
ATOMIC ENERGY COMMISSION
U.S. ATOMIC ENERGY COMMISSION,
Washington, D.C., June 16, 1971, Hon. EDMUND S. MUSKIE, ('hairman, Subcommittee on Air and Water Pollution, l'ommittee on Public It'orks, U.S. Senate,
DEAR SENATOR MUSKIE: I am pleased to forward the enclosed information in response to your letter of May 11, 1971, to Chairman Seaborg.
We would be pleased, of course, to provide any additional information you may require, Sincerely,
R. E. HOLLINGSWORTII,
General Manager. Enclosure.
RESPONSE TO QUESTIONS RAISED BY SENATE SUBCOMMITTEE ON AIR AND WATER
POLLUTION BY LETTER DATED MAY 14, 1971, FROM EDMUND S. MUSKIE, U.S. SENATOR
1. What is the organization structure of your environmental research program? How many separate laboratories or installations in your agency are engaged in this research? What is the size and composition of each?
The environmental research program of the Atomic Energy Commission is administered by seven of the eight program divisions with the primary programmatic responsibilities in the Divisions of Biology and Medicine, and Reactor Development and Technology. The management of the program activities is the responsibility of the sponsoring division except where activities are jointly supported and in these cases, a joint management arrangement is normally used, or a lead responsibility is assigned to one of the divisions, depending on the nature of the activity. In all cases, close coordination is maintained through direct and continuous staff contacts and discussions, joint reviews of work and proposals, and by continuing exchange of technical information. Within the General Manager's organization, the Office of Environmental Affairs has been established to advise him with respect to the environmental effects and implications of his various programs, including R&D work, and to assist him in their coordination from an environmental standpoint. This Environmental Affairs Office provides a focal point for contracts from outside agencies and individuals.
The present environmental research developinent program involves in excess of 1,050 individual research projects with 22 of these projects being performed at the Commission-operated biomedical Health Safety Laboratory in New York City. More than 100 of the projects are being carried out by the AEC contractoroperath national laboratories, including the Pacific Northwest Laboratories, as detailed below:
Note: 474 projects are conducted at educational institutions throughout the United States. The remaining projects are carried out through commercial and nonprofit institutions and with other Government agencies.
2. What are the fields of specialization of the scientifio investigators in your laboratories? What advanced degrees do they hold !
The fields of specialization of scientific investigators performing environmental studies at our laboratories are as follows:
Biological Sciences.—Biology, Biochemistry, Biophysics, Genetics, Cytogenetics, Physiology, Microbiology, Botany, Radiobiology, Molecular Biology, Cell Biology, Immunology, Ecology, Aquatic Ecology, and Systems Ecology.
Physical Sciences.—Physics, Solid State Physics, Aerosol Physics, Molecular Physics, Health Physics, Nuclear Spectroscopy, Dosimetry, Meteorology, Oceanology, and Materials Science.
Chemistry.—Radiation Chemistry, Nuclear Chemistry, and Soil Chemistry, Medicine.- Internal Medicine, Hematology, Pathology, and Endocrinology.
All Other.-Mathematics, Computer Science, Biostatistics, Information Processing, Chemical Engineering, Reactor Engineering, Electrical Engineering, and Systems Engineering. Scientists at our laboratories hold advanced degrees distributed as follows:
Percent Ph. D.
5 M.S. and M.A.
20 B.S. and B.A.
30 3. What is your present level of funding for environmental research? What is your present level of authorization for environmental research. For how many years?
It is presently anticipated that for FY 1971 the AEC will incur costs totaling $73.8 million with estimated costs by AEC sponsoring division as follows: Biology and medicine program.
$61. 7 Nuclear materials program--
1.9 Operational safety-filter testing
1. 3 Reactor development
6. 9 Isotopes development
.5 Civilian applications of nuclear explosives-
6 Total costs
$73. 8 The AEC receives annual authorization and appropriation for its research and development activities. In FY 1971, as indicated above, we estimate costs of $73.8 million for environmental research and development and presently have in the FY 1972 Congressional budget a program estimate of $72 million.
In addition, under the authority of Section 33 of the Atomic Enenergy Act of 1954 which authorizes AEC to do environmental research and development for other persons under certain conditions, our major laboratories perform environmental and health research and development funded by other agencies amounting to a current annual level of approximately $15,000,000.
4. What kinds of problems are you addressing under the category "environmental” research? What proportion of this work would you consider “basic" research, defined as research producing fundamental, theoretical knowledge which was not sought for immediate problem-solving purposes? What proportion is devoted to technology development? To technology assessment?
Our environmental research is directed at four major areas:
(1) Determination of the effect of exposure to radiation on man and his environment.
(2) The transport and fate of radioactive materials in the environment.
(3) Methods for control of the release of radioactive materials to the environ. ment.
(4) Determination of the effects of heated effluents on the environment.
In describing our environmental program to OMB and to various Congressional committees, we divide our research into the following major areas:
(1) Transport and Fate.