agement programs, initiates a major research and demonstration effort to find technological methods necessary to eliminate waste discharges, and requires the Administrator of the Environmental Protection Agency to develop minimum guidelines for public participation in enforcement of the proposed Act. House amendment Section 101 sets an objective of restoring and maintaining the chemical, physical, and biological integrity of United States waters. To achieve the proposed objective, the amendment establishes two national goals. The goals are to eliminate the discharge of pollutants into navigable waters by 1985, and to have water quality that provides for protection of fish, shellfish, and wildlife, and for recreation in and on water by 1981. Other national policies stated in the section include Federal assistance for construction of waste treatment facilities, creation of area waste treatment management planning processes in each State, and major research and demonstration efforts to develop technology necessary to achieve the zero-discharge goal. Section 101 (c) calls on the President to encourage foreign countries to set goals which are at least comparable to those of the United States. Section 101 (f) sets a national policy encouraging "drastic minimization" of paperwork and duplication of efforts, and best utilization of available manpower and funds. Section 101 (g) would require agencies involved in carrying out the bill to consider all potential impacts of their activities on water, land, and air. Conference substitute The conference substitute is basically the same as the Senate bill as revised by the House amendment with the following changes: (1) The interim goal of water quality is set for achievement by July 1, 1983, instead of 1981. (2) The terms "abate" and "abatement" of pollution have been replaced by the terms "reduction" and "elimination" of pollution. (3) Subsection (g) of the House amendment has been eliminated. COMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL Senate bill Section 102 grants the Administrator authority to develop programs for eliminating pollution of navigable waters and ground waters. The section also provides for 50 percent matching FederalState grants for river basin planning. Subsection (b) makes it clear that regulation of streamflow cannot substitute for adequate waste treatment or other methods of eliminating waste at the source. The Administrator would be given authority to determine when low flow augmentation is an appropriate technique for supplementing pollution control programs. House amendment Section 102(b) provides for inclusion of storage for regulation of streamflow for water quality control in Federal projects if the costs of the benefits are widespread or national in scope. Flow regulation, however, could not be used as a substitute for adequate treatment. No license granted by the Federal Power Commission for a hydroelectric power project could include storage for regulation of streamflow for the purpose of water quality unless the Administrator recommends its inclusion. Conference substitute Section 102 is the same as the Senate bill and the House amendment except as follows: (1) The term "abating or reducing pollution" has been revised to read "preventing, reducing, or eliminating pollution". (2) Subsection (b) (1) has been amended to provide for the inclusion of storage in a reservoir for regulation of streamflow. (3) Subsection (b) (2) has been revised to provide that the need and value of storage for streamflow purposes other than water quality will be determined by the Corps of Engineers, the Bureau of Reclamation, or other Federal agencies while the need for and value and impact of storage for water quality control shall be determined by the Administrator with his views as part of any report or presentation to Congress proposing authorization or construction of a reservoir. The Conference substitute specifically bans pollution dilution as an alternative to waste treatment. At the same time it recognizes that stream flow augmentation may be useful as a means of reducing the environmental impact of runoff from non-point sources. The Conference substitute also recognizes that stream flow augmentation may be useful for recreational, navigation, and other purposes. Finally, section 102(b) specifically sets forth that any calculation for the need for and value of stream flow augmentation to reduce the impact of pollution must be determined by the Administrator of the Environmental Protection Agency. INTERSTATE COOPERATION AND UNIFORM LAWS Senate bill Section 103 is a restatement of section 3 of the existing law relating to interstate cooperation and uniform laws except for the language encouraging interstate compacts. House amendment Section 103 allows States to enter into interstate compacts, and establishes a policy for active Federal promotion of cooperative efforts among States. Such efforts include programs to promote model legislation and uniform laws. Conference substitute Section 103 is the same as the Senate bill and the House amendment, except that the term “abatement” of pollution has been stricken and replaced by the term "reduction and elimination" of pollution. RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION Senate bill Section 104 generally expands the authority of the Administrator in the area of research. 90-224 O 73 11 Under section 104 (d), the Administrator is authorized to establish field research laboratories in Alaska and the Northeast, Middle Atlantic, Southeast, Midwest, Southwest, and Pacific Northwest areas of the United States to study means of eliminating water pollution, and to construct the facilities authorized for the National Marine Water Quality Laboratory. In addition to the $10 million authorized for agricultural pollution research, section 104 authorizes $7.5 million for fiscal 1972 to continue EPA's pilot training program for personnel to operate and maintain treatment plants. In fiscal 1972 an additional $2.5 million is authorized to forecast employment needs in water pollution control. A general authorization of $65 million for fiscal 1972, $70 million for fiscal 1973, $75 million for fiscal 1974, and $80 million for fiscal 1975 is provided to carry out section 104. House amendment Except as hereafter noted, section 104 is basically the same as the Senate bill and grants the Administrator general authority to participate in and encourage research, investigations, training, demonstrations, surveys, and studies relating to the causes, effects, extent, prevention, and abatement of pollution. Section 104 (d) requires the Administrator to develop and demonstate, "under varied conditions", practicable means of treating waterborne wastes to encourage recycling, improved methods of identifying and measuring the effects of pollutants on water uses, and methods for evaluating the water quality effects of augmented streamflows "to control pollution not susceptible to other means of abatement". The Administrator is required to establish and maintain six field laboratory and research facilities throughout the United States under section 104 (e). The labs will be in the Middle Atlantic area, southeastern area, midwestern area, southwestern area, Pacific Northwest, and Alaska. Section 104(f) directs the Administrator to study the Great Lakes. Section 104 (j) directs the Coast Guard to engage in research and demonstrations relative to sewage equipment installed on vessels, with particular emphasis on equipment to be installed on small recreational vessels. Section 104 (n) continues the Administrator's authority to conduct sutdies of problems in the estuaries and estuarine zones. The studies would have to consider demographic trends, exploitation of mineral resources and fossil fuels, land and industrial development, navigation, and flood and erosion control. At least one report during any three-year period is required. Section 104 (q) (2) authorizes the Administrator to conduct comprehensive research and pilot projects on methods of collecting and treating sewage and other liquid wastes combined with treatment and disposal of solid wastes. Section 104 (r) authorizes the Administrator to make grants to colleges and universities for research on fresh water aquatic ecosystems. Section 104 (t) requires the Administrator, in cooperation with other agencies, to conduct comprehensive studies on the effects and methods of controlling thermal discharges. Economic and technical feasibility, as well as social and economic costs and benefits, should be considered while studying alternative control methods. Section 104 (u) authorizes $100 million per fiscal year for fiscal 1973 and fiscal 1974 to carry out section 104, excluding subsections (g), (p), and (r). For fiscal 1973, $7.5 million is authorized for subsection (g) (1) and $2.5 million for subsection (g) (2). For each of the fiscal years 1973 and 1974, $10 million is authorized for subsection (p), and $15 million is authorized for subsection (r). Conference substitute The conference substitute is basically the same as the Senate bill as revised by the House amendment with the following exceptions: (1) The term "abatement" of pollution has been modified to the term "reduction and elimination" of pollution throughout the section. (2) The Geological Survey has been added to the enumerated agencies who are to be utilized in conducting surveillance of water quality. (3) The date for the research report on measuring social and economic costs and benefits of activities subject to regulation under this Act has been changed from July 1, 1973, to January 1, 1974. (4) Subsection (d) (1) is revised to require the development and demonstration of practicable means of treating municipal wastes, sewage, and other waterborne wastes to implement the requirements of section 201 of this Act. (5) Subsections (d) (2) and (3) have been amended to eliminate the phrase "on water uses." (6) Subsection (e) has been added to by inserting the requirement that the Secretary construct the facilities authorized for the National Marine Water Quality Laboratory. (7) Subsection (m) (2) has been revised to require a preliminary report of the study on waste oils within six months with the final report within 18 months of the date of enactment of this Act. (8) Subsection (s) is revised to require the River Study Centers to study, among other things, the value of water resources and waterrelated activities. (9) Subsection (t) has been amended to require the Administrator, in cooperation with State, Federal, and public and private organizations to conduct continuing comprehensive studies of the effects and methods of control of thermal discharges. In evaluating alternative methods of controls, the studies are required to consider (A) such data as are available on the latest available technology, economic feasibility (including cost-effectiveness analysis), and (B) the total impact on the environment. These studies shall consider methods of minimizing adverse effects and maximizing beneficial effects of thermal discharges. The results are to be reported not later than 270 days after enactment and made available to the public and the States and considered by the States, as these studies become available, in proposing thermal water quality standards, and by the Administrator in carrying out section 316. Not to exceed $10,000,000 per year for fiscal years 1973 and 1974 is authorized to carry out this provision. Senate bill RESEARCH AND DEVELOPMENT Section 105 authorizes the Administrator to conduct in-house demonstration projects or contract for projects designed to eliminate pollution reaching navigable waters through storm water runoff or industrial activity. Section 105 further authorizes the Administrator to undertake a model river demonstration project of advanced pollution control and in-stream enhancement techniques, and demonstration projects on control of agricultural pollution. Under the section, any Federal research or demonstration grant is limited to 75 percent of the cost. The bill authorizes $70 million for grants in fiscal 1972, and $75 million for fiscal 1973-75. At least 10 percent of any sum actually appropriated for any fiscal year is required to be spent on programs dealing with agriculture. House amendment Section 105 (a) and (c) authorize the Administrator to continue programs for assisting development of projects to demonstrate methods of preventing and abating discharge from combined sewers, assisting projects to demonstrate advanced waste treatment or water purification methods, or joint treatment systems, and research and demonstration projects for preventing pollution by industrial waste. Under this section, the Administrator could conduct in-house demonstration projects. Section 105 (b) authorizes the Administrator to make grants for model river basin demonstration projects of advanced pollution treatment and environmental enhancement techniques to control pollution from all sources, together with in-stream water quality improvement techniques. Section 105 (d) directs the Administrator to give priority to the study of management methods and technologies related to eliminating water discharges, and to the study of the impact of specific discharges on receiving water quality. Section 105 (e) authorizes the Administrator to make grants for demonstration projects for control of agricultural pollution and for rural sewage disposal systems. Section 105 (f) provides that no grant for subsection (a) or (c) can exceed 75 percent of the project cost. Section 105(h) authorizes $70 million for each of the fiscal years. 1973 and 1974. However, 10 percent of the funds appropriated in each year must be available for subsection (e). Conference substitute Section 105 is the same as the Senate bill and the House amendment with the following changes: (1) The concept of "abating" pollution has been revised to that of "reducing and eliminating" pollution. (2) Subsection (c) is amended to clarify the authority of the Administrator with respect to research and demonstration projects for prevention of pollution of waters by industry, including but not limited to the prevention, reduction, and elimination of the discharge of pollutants. |