PROVISIONS FOR CERTIFICATION

SEC. 7. Establishes the provisions and certain procedures to be used by Federal, State and regional certifying agencies when certifying bulk power facilities.

7(a). Authorizes certifying agencies to issue Certificates of site and facility if after considering available alternatives they find the site or route will not unduly impair environmental values and will be reasonably necessary to meet electric power needs; or otherwise to deny the certificate.

Provides that the judgement of the agency is conclusive on all questions of siting, land use, state air and water quality standards, public convenience and necessity, aesthetics and any other State or local requirements but requires that Federal standards, permits or licenses must have been satisfied; the intent of this section is to provide a complete one-stop final decision on all approvals necessary at the State or local level of government. The guidelines to be established pursuant to Section 9 will attempt to coordinate and integrate any reviews of these facilities under Federal law with this decision-making process so as to achieve as close to a complete one-stop procedure as is possible.

Requires that the Certificate indicate agreement by the applicant to comply with the requirements of this Act and Section 202(a) of the Federal Power Act regarding reliability and adequacy of electric service.

7b). Require that the certifying agency assure full public review and give adequate consideration to all environmental values including the impact on adjacent States.

Authorizes the certifying agency to impose terms and conditions when issuing certificates.

Directs that the certificates be final and subject only to judicial

review.

POWERS AND DUTIES OF CERTIFYING AGENCIES

SEC. 8. Delineates the duties and authorities of State, regional and Federal certifying agencies.

8(a). Requires certifying agencies to comment on the long-range plans submitted by Federal and other electric entities in accordance with Section 4 and to make these comments public.

8 b). Requires certifying agencies to publish in each local newspaper in the affected area annual lists describing proposed power plant sites and general transmission line routes including the approximate year when construction is expected to begin;

c). Requires certifying agencies to conduct mandatory public hearings promptly on any sites proposed 5 years in advance of construction and to decide if they should be included on the inventory of approved sites and establishes as a basis for decision whether or not construction of any plant on that site would unduly impair important environmental values.

id). Requires certifying agencies to publish promptly in each local newspaper in the affected area pertinent details concerning applications for Certificates of site and facility and to hold public hearings prior to issuance of the Certificate.

8(e). Authorizes certifying agencies to require Federal and other electric entities to provide necessary information and to assist in the conduct of hearings, investigations and studies.

8(f). Authorizes certifying agencies to conduct any necessary studies or investigations.

8(g). Authorizes certifying agencies to issue rules and regulations necessary to carry out this Act after public notice and comment.

GUIDELINES FOR CERTIFYING AGENCIES

SEC. 9. Requires the President upon the advice of interested Federal agencies and after public notice and comment to issue and revise as necessary guidelines for Federal, regional and State certifying agencies which shall include:

9(a). Criteria for effects on environmental values.

9(b). Criteria for evaluating relative environmental effects of alternative sites.

9(c). Criteria for evaluating projected electric needs.

9(d). Procedures for ensuring full public participation through consultation and hearing.

9(e). Procedures for forming regional certifying agencies. 9(f). Procedures for dealing with multi-state impacts.

9(g). Personnel requirements for State and regional agencies.

EMINENT DOMAIN QUICK TAKE

SEC. 10. Authorizes non-Federal systems holding certificates of site and facility (electric entities) to utilize eminent domain procedures in Federal or State courts to acquire needed non-Federal property; and where the Federal courts are used, quick take procedures apply.

COMPACTS AND JOINT ACTION

SEC. 11. Encourages and facilitates cooperation among the States in carrying out the provisions of this Act.

11(a). Gives advance consent of Congress to the negotiation and implementation of agreements or compacts to effectuate the certification procedures of the Bill through authorities or agencies, joint or otherwise, as to non-Federal systems.

11(b). Expresses the intent of Congress that State certifying agen cies are to be encouraged to cooperate in planning of bulk power supply facilities and that States adopt compacts, cooperative procedures and joint actions to coordinate and resolve environmenta considerations which affect bulk power supply facilities.

FEE ASSESSMENT

SEC. 12. Authorizes each qualified Federal, regional or State certify ing agency to assess and collect fees from electric entities and federa electric entities operating within its jurisdiction to cover the agency' costs of administration, necessary studies and personnel.

ADVANCED SITING AND ROUTING CONCEPTS

SEC. 13. Authorize the federal certifying agency in cooperation with other interested federal agencies and the electric power industry to develop a coordinated program of studies of new and evolving power plant siting and transmission line routing concepts.

FEDERAL AGENCY COOPERATION

SEC. 14. Authorizes all federal departments and agencies to cooperate with the Federal, regional and State certifying authorities in carrying out the purposes of the Act; specifically to provide staff experts, information and technical assistance and to undertake studies of the environmental impact of bulk power facilities upon request.

JUDICIAL REVIEW

SEC. 15. Subjects the orders and decisions of federal certifying agency pursuant to this Act to review under provisions of 5 U.S.Č. 701-706. Subjects the orders and decisions of State or regional certifying agencies pursuant to this Act to review under applicable State laws.

RELATION TO OTHER LAWS

SEC. 16(a). States that the Act does not alter the jurisdiction of the CEQ or the requirements of the National Environmental Policy Act except.

Federal agencies are not required to prepare detailed statements pursuant to Section 102 (2) (C) of the National Environmental Policy Act for bulk power facilities certified under Section 6 of this Act. Federal agencies will re-examine procedures after enactment of this Act to utilize the findings of the State, regional and federal certifying agencies and thus achieve as close to a complete one-stop procedure as is possible.

16(b). States that this Act does not relieve persons or governments from the requirements or authority of the Atomic Energy Act of 1954 as amended or the Federal Power Act of 1935 as amended or from any other federal law.

PENALTIES AND ENFORCEMENT

SEC. 17. Provides for civil and criminal penalties for violating the provisions of the Act.

17(a). Establishes civil penalties up to $10,000 per day for failure to obtain a required certificate of site and facility prior to construction of a bulk power facility or for failure to comply with such a Certificate once issued or for causing one of the above acts to occur.

17(b). Establishes criminal penalties up to $1000 per day or one year imprisonment or both for knowingly and wilfully violating subsection (a).

17(c). Permits the Attorney General to seek a civil injunction or temporary restraining order in the United States district court when the Federal certifying agency determines that a person is violating or is about to violate the provisions of subsection (a).

92D CONGRESS 1ST SESSION

S. 75

IN THE SENATE OF THE UNITED STATES

JANUARY 25, 1971

Mr. NELSON introduced the following bill; which was read twice and referred to the Committee on Public Works

A BILL

To amend the Federal Water Pollution Control Act to establish standards and programs to abate and control water pollution

by synthetic detergents.

1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3

4

SHORT TITLE

SECTION 1. This Act may be cited as the "Detergent

5 Pollution Control Act of 1971".

6

7

8

9

10

11

DECLARATION OF POLICY AND PURPOSE

SEC. 2. The Congress finds and declares that

(a) the surface and ground waters in the United States are being seriously polluted and degraded by the continuing discharge into such waters of synthetic deter

gents whose ingredients feed polluting green algae,

2

deprive lakes and rivers of life-giving oxygen, decompose slowly or not at all, and can be toxic to fish and

wildlife and pose human health hazards;

(b) to abate and control the pollution and degradation of surface and groundwaters in the public interest, it is necessary to insure that all components of synthetic detergents which are offered for introduction or delivery

into interstate commerce in the United States, or imported into the United States, and which may eventually be discharged into such waters, not cause or contribute to the pollution or degradation of such waters;

(c) research published in 1966 by scientists of the United States Public Health Service; the report of the Lake Erie Enforcement Conference Technical Commit

tee, March 1967 and the report of the Technical and Advisory Boards to the United States-Canada International Joint Commission of September 1969, as well as other scientific studies in the United States and abroad demonstrate that polyphosphates in detergents are an undeniable major cause of water pollution, accelerating beyond control the growth of algae which interfere with fishing, navigation, recreational use of water, and degrade the water to the detriment of our water resources and

the environment generally;

(d) published findings in the patent and scientific

59-068 0-71 - 11 Pt.1