ment, States, municipalities, and private persons in constructing the vast facilities that will be needed for pollution control, and considering further that the bill before us would provide to the Secretary authority to zone rivers and to determine their further use, I argue strongly that the minimum procedures which my amendment would secure the provision of adequate hearings before and after promulgation of standards, a minimum review by the U.S. courts of appeal, which could only be directed to an abuse of the Secretary's authority, are required.

It will be argued, as it was in the committee, that the enforcement procedures of the present act enumerated in section 8 provide this protection. I am sure that it does not do so. Section 10 prescribes enforcement procedures, directed only to the abatement of pollution. If this legislation is enacted, the hearing board provided for by section 8 would be limited to considering whether any discharge in interstate water or reaching interstate water had lowered the quality standards prescribed by the Secretary, and whether the measures proposed by the Secretary for its correction were practical and feasible. The review by the court under this section could only apply to the record made by the hearing board and to the Secretary's findings. My amendment is distinguishable because it would provide for a court. review of the quality standards themselves.

During the hearings conducted by the Senate Public Works Subcommittee in 1963 in which 6 days of hearings were held, no Governors were heard, and the majority of representatives of State agencies who testified opposed the water quality standards section of the bill. They are as follows:

(1) State and Interstate Water Pollution Control Administra

tors.

(2) Ohio River Valley Sanitation Commission.

(3) Interstate Sanitation Commission (New York, New Jersey, Connecticut).

(4) Conservation and Management of Natural Resources Committee, National Association of Manufacturers.

(5) Michigan Water Resources Commission.

(6) Mayor, city of Detroit.

(7) Mississippi Valley Association.

(8) American Farm Bureau Federation.

(9) Interstate Conference on Water Problems and Council of

State Governments.

(10) Missouri Water Pollution Board.

(11) New England Interstate Water Pollution Control Com

mission.

The Senate passed the bill by a large vote. When it went to the

House of Representatives much more extensive hearings were held by a larger committee—the House Committee on Public Works on December 4, 5, 6, 9, and 10, 1963, and February 4, 5, 6, 7, 17, 18, and 19, 1964. When full opportunity was given by the House committee to the Governors and State water pollution control agencies to testify, [p. 14]

they were practically unanimous in opposing the water quality standards in S. 649, now retained in S. 4 before the Senate. The following Governors and representatives of State and interstate agencies and some local business organizations either testified of filed statements in opposition to the standards section of the bill:

(1) Delaware Water Pollution Commission.
(2) Texas Water Pollution Control Board.

(3) Alabama Water Improvement Commission.

(4) Water Pollution Control Federation.

(5) Tennessee Stream Pollution Control Board, Nashville, Tenn. (6) American Association of Professors of Sanitary Engineering. (7) Florida State Board of Health.

(8) Kansas Department of Health.

(9) State of New York Water Resources Commission.

(10) Izaak Walton League of America.

(11) Kentucky State Water Pollution Control Commission.

(12) Kentucky Department of Health.

(13) Association of State and Territorial Health Officers.

(14) North Carolina State Stream Sanitation Committee.

(15) Pennsylvania State Health Department.

(16) Interstate Conference on Water Problems, Council of State

Governments.

(17) American Society of Civil Engineers.

(18) Wisconsin attorney general.

(19) Governor of Maryland.

(20) Arkansas Water Pollution Control Commission.

(21) Associated Industries of New York State, Inc.

(22) Association of State and Interstate Water Pollution Control Administrations.

(23) California Water Pollution Control Association.

(24) Interstate Conference on Water Problems, Chicago, resolution IV.

(25) Kansas Engineering Society.

(26) Maine Water Improvement Commission.

(27) Middlesex County (New Jersey) Sewerage Authority. (28) Governor of Maine.

(29) Nebraska State Department of Health.

(30) New England Interstate Water Pollution Control Com

mission.

(31) New Hampshire Water Pollution Commission.

(32) New York State Water Resources Commission.

(33) Oklahoma State Department of Health.

(34) Oregon State Board of Health.

(35) Texas State Board of Health.

(36) Temporary State Commission on Water Resources (New York).

(37) Missouri Water Pollution Board.

(38) Rhode Island Department of Health.

(39) Texas Water Pollution Control Board.

(40) Utah Public Health Association.

(41) Virginia State Water Control Board.

(42) Governor of Oregon.

(43) Mayor of Kansas City, Mo.

(44) South Dakota State Department of Health.

[p. 15]

When the committee made its report, it amended the Senate bill and refused to accept the Senate version, in the following terms:

Recommended standards of water quality

The desirability of having water quality standards is recognized by the committee, but the committee is also conscious of the fact that any attempt to authorize the promulgation of such standards by an agency of the Federal Government might do damage to the cooperative Federal-State relationships. For that reason, the committee has modified the provision of section 5 of the bill as passed by the Senate to provide that the Secretary instead of promulgating standards may recommend standards. The committee considers this to be a major change to assure the States, the various water pollution control organizations and private industry that the Federal Government does not desire to have an arbitrary establishment of such standards. The bill as amended now provides sufficient guarantees to all those concerned that the adoption of the recommendations of the Secretary will be at the option of the States. The committee is of the opinion that the amended language in the bill is a definite improvement to existing legislation and will furnish a better framework to carry out the purposes of the program.

Fourth, the new subsection (c) of section 10 of the Federal

Water Pollution Control Act which is proposed to be added
by the bill has been amended to remove from the Secretary
authority to promulgate standards of water quality and in
place thereof the Secretary has been granted authority to
make recommendations for these water quality standards
with the further limitation that no such standard may be
enforced under the act unless it has been adopted by the
Governor or State water pollution control agency of each
affected State.

The new subsection (c) of section 10 proposed by the House committee is as follows:

(c) (1) In order to carry out the purposes of this Act, the Secretary may, after consultation with officials of the State and interstate water pollution control agencies and other Federal agencies involved and with due regard for their proposals, prepare recommendations for standards of water quality to be applicable to interstate waters or portions thereof. The Secretary's recommendations shall be made available to any conference which may be called pursuant to subsection (d) (1) of this section, and to any Hearing Board appointed pursuant to subsection (f) of this section; and all or any part of such standards may be included in the report of said conference or in the recommendations of said Hearing Board.

(2) The Secretary shall, when petitioned to do so by the Governor of any State subject to or affected by the water quality standards recommendations, or when in his judgment it is appropriate, consult with the parties enumerated in

[p. 16]

paragraph (1) of this subsection concerning a revision in
such recommended standards.

(3) Such recommended standards of quality shall be such
as to protect the public health and welfare and serve the
purposes of this Act. In establishing recommended stand-
ards designed to enhance the quality of such waters, the
Secretary shall take into consideration their use and value
for public water supplies, propagation of fish and wildlife,
recreational purposes, and agricultural, industrial, and other
legitimate uses.

(4) The Secretary shall recommend standards pursuant to this subsection with respect to any waters only if, within a reasonable time after being requested by the Secretary to do

so, the appropriate States and interstate agencies have not developed standards found by the Secretary to be consistent with paragraph (3) of this subsection and applicable to such interstate waters or portions thereof.

(5) No standard of water quality recommended by the Secretary under this subsection shall be enforced under this Act unless such standard shall have been adopted by the Governor or the State water pollution control agency of each affected State.

The House did not take action on S. 649. The recommendations of the House Committee on Public Works are much more stringent than the amendment that I propose. The House denied to the Secretary the authority to promulgate water quality standards, giving him the authority only to recommend standards to the States and no standards could be enforced unless adopted first by the Governor or State agency. As I have stated, my amendment would not deny him the authority to formulate standards but would assure to the States and interested parties that their views would be heard, and that they would have recourse to the Circuit Court of Appeals against any abuses of his power. I submit this is the minimum that should be done.

[NOTE: p. 18 is blank.]

CHANGES IN EXISTING LAW

[p. 17]

In compliance with subsection 4 of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman):

FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED

[33 U.S.C. 466-466k]

AN ACT To provide for water pollution control activities in the Public Health Service of the Department of Health, Education, and Welfare, and for other

purposes

DECLARATION OF POLICY

SECTION 1. (a) The purpose of this Act is to enhance the quality and value of our water resources and to establish a national policy for the prevention, control, and abatement of water pollution.

[(a)] (b) In connection with the exercise of jurisdiction over the waterways of the Nation and in consequence of the benefits resulting