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                                     i.mtntion
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                              EPA Review Notice

This report has been reviewed by the Environmental Protection Agency
and approved for publication.  Approval does not signify that the contents
necessarily reflect the views and policies of the Environmental Protection
Agency or the Ohio River Valley Water Sanitation Commission, nor does
mention of trade names or commercial products constitute endorsement of
recommendation for use.
Copies of the report may be obtained from:

Ohio River Valley Water Sanitation Commission
414 Walnut Street
Cincinnati, Ohio  45202

            -OR-

U.S. EPA, Region V, Room 1400
Office of State Programs
230  South Dearborn  Street
Chicago, Illinois   60604

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  -905/9-75-003
                 a  study of
                 prospective water  pollution
                 control activities for the ohio
                 river valley water sanitation
                 commission  (orsanco)
                v.  .  	,,-.$ protection
                jJtiVii'O-..:;1- -•-*••-"
                             Swee1j
                 Prepared by
                 Wendell Associates
                 1432 Laburnum Street
                 McLean, Virginia 22101
                 for
U.S. Environmental Protection Agency, Chicago, Illinois 60604


                      March 1975
                                        epa-68 01-2631

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EOTECTIOff

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I
5
V
        ^r,
'O
tu
          UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
             REGION V
       230 SOUTH DEARBORN ST.
       CHICAGO, ILLINOIS 60604
            Mr.  Wesley  E.  Gilbertson,  Chairman
            Ohio River  Valley  Water  Sanitation
              Commission
            414  Walnut  Street
            Cincinnati,  Ohio   45202

            Dear Mr.  Gilbertson:

            It is our pleasure to  transmit  to you  a  report  of  the  completed
            "Study of Prospective  Water  Pollution  Control Activities  for  the
            Ohio River  Valley  Water  Sanitation  Commission  (ORSANCO)",  performed
            by Wendell  Associates.

            In May 1974 I  agreed on  behalf  of the  United States  Environmental
            Protection  Agency  that a very definite need existed  for an in depth
            study of  the roles which ORSANCO could perform  in  complementing  the
            member State's and the federal  government's activities, in carrying
            out  the responsibilities contained  in  the Federal  Water Pollution
            Control Act Amendments of  1972.  To meet the challenging  objective
            of attaining Clean Water goals  for  the Ohio River  Basin,  the  Commission
            as a body agreed to the  sponsorship and  conduct of this study, as a
            means of  better defining the areas  of  opportunity  for  effectively
            discharging these  responsibilities  in  a  cooperative  spirit and an
            efficient mode.

            I  believe that the contractor has essentially fulfilled the objectives
            of the study.   The task  at hand is  for a thoughtful  appraisal of the
            study recommendations  by the Commission  and its respective Committees,
            and  thence  recommending  a  plan  for  implementation  of the  activities,
            which ORSANCO  can  best accommodate.  Some of these activities will be
            complementary  to the State - federal efforts, while  others may be in
            lieu of our joint  efforts, as practicable.  It  is  my sincere  hope that
            once a consensus is developed for a strategy and plan  of  implementation,
            all  parties to this Commission  will make appropriate commitments.
                                                     Sincerely  yours,
                                                               Mayo
                                                    Regional Administrate

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                             TABLE OF CONTENTS

                                                                   Page
CHAPTER 1  This Study;  Why and How
Table of Contents ........................
Preface .............................     _v
Summary and Recommendations, ..... ,  ........ ....     ix
     Premises ...... .  .................. '
     Methodology .......... ,  .  .  ,  ..........      3

CHAPTER 2  The Ohio Basin ....................      7

CHAPTER 3  Role and Program ......  .  ............      9

   The ORSANCO Role .......................      9
     The Intergovernmental and Inter agency Network  .......      9
     The ORSANCO Compact ....................     U
     The Federal Water Pollution Control Act ..........     13

   Current and Possible Programs ................     !8
     Monitoring .........................     1^
     Spills and Temporary Hazardous Conditions  .........     24
     Stream Surveys.  .  , ..............  •  .....     25
     Data Processing, Evaluation and Dissemination  .......     27
     Stream Modeling  ......................     2o
     Planning ....... ,...., ......  .  ......     29
     Water Quality Standards  ..................     32
     Enforcement  ........ .  ...............     35
     Certification, Reports,  and Compliance Monitoring  .....     37
     River Management ......................     ^0
     Interstate Investigations and  Coordination .........     42
     Pollution from Nonpoint  Sources ... ...........     4^
     Mine Drainage  .......... . ............     ^5
     Ground Water Management  ..................     ^6
     Power Plant  Siting .....................     46
     Research ..........................     ^7
     Technical Assistance ....................     49
     Training ..........................     50
     Information  Dissemination and  Public  Relations .......     51

 CHAPTER  4  Priorities ......................     55

     The Stream Data  System ...................     56
     Planning ........  .  ........  •  ........     56
     Coordination and Accountability ..............     57
     Other Activities ......................      59
                                     111

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                                                                   Page

CHAPTER 5  Resources for Program Accomplishment	,  .      6l

     Utilization of Present Resources,  	  .....      6l
     New Resources	,	      66
     Obtaining the Resources .  ,	      69

CHAPTER 6  Staff, Committees and Commission	      71

     Staff	      71
     Contracting ,	,  .  ,	,.,......      72
     Use of Committees	      72
     Commissioners . ,	,  .  .  ,	      73
     Engineering Committee  .......  	      76
     Source of Initiative.  ,	      77

CHAPTER 7  The Interests of Participating Jurisdictions	      79

     General Values. . .  .  ,	      80
     Specific Values ....,..,  	      8l
     The ORSANCO Program Area	      82
     Values for EPA	      86
                                     IV

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                                 PREFACE
     This study was performed between May and December 197U.  Several ad-
 ditional months were then consumed in the process of comment, review and
 revision.

     The period was a particularly challenging and difficult one in which
 to appraise and report on the condition of ORSANCO.  It was not only that
 the role of an interstate agency is unusual within our governmental struc-
 ture.  Even more unsettling was the fact that these months were attended
 by more than the normal number of changes as well as by the further devel-
 opment and initial steps toward implementation of major plans to alter the
 size and perhaps the shape of the agency.

     This study was conceived as part of the developmental work.  Conse-
 quently, ORSANCO was being examined while it was already undergoing more
 changes than during many years past.   Since the study was purposely com-
 missioned as an independent appraisal, intended to provide an outside
 view of the organization and its role, it is natural to expect that some
 and perhaps many of the findings and recommendations in this report will
 encounter agreement in some quarters and disagreement in others.  Never-
 theless, the Commission and its Executive Director have already undertaken
 to implement a number of the suggestions made in both the first draft of
 this report and in this final version.  This is gratifying to the contrac-
 tor, but it may be a source of some confusion to the reader.  It may lead
 to some concern as to whether the tense and perspective are always cor-
 rect.  Accordingly, the contractor asks that readers remember from the van-
 tage point of late 197^» and that even then there had already been a cer-
 tain amount of interaction among the Commission members, Commission staff
 and the contractor.

     Despite these considerations, the contractor hopes and believes that
 the report will be useful for at least several years to come.   The role
 and programs recommended will take at least that long to implement in sub-
 stantial measure.

     During the study period, the contractor enjoyed the cooperation of
many persons and agencies.   In the absence of this help, the report would
have been much different and very likely could not have been produced at
 all.   There is always a danger that in acknowledging assistance injustice
will be done through inadvertent omission.  Consequently, we wish to be-
gin by a general expression of thanks to the many individuals who gave gen-
 erously of their time in answering our questions and sharing their views
with us.   In particular, all members  of the ORSANCO staff and many in Re-
gion 5 of U.S. EPA made significant contribution.
                                    v

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     The following should be acknowledged:

Illinois

Dr. Richard H. Briceland, Director, Illinois EPA (Coiran'r)
Richard S. Nelle, Chief Engineer, Illinois EPA (Eng. Comm.)
Michael P. Mauzy, Environmental Programs Manager, Illinois EPA

Indiana

Dr. William T. Paynter, State Health Commissioner, Indiana State Board of
Health  (Comrn'r)
Ralph C. Pickard, Assistant Commissioner for Environmental Health, Indiana
State Board of Health  (Comm'r)
Oral Hert, Technical SecretarysIndiana Stream Pollution Control Board
(Member of Engineering Committee)

Kentuc ky

Arnold  L. Mitchell, Commissioner, Department of Fish & Wildlife Resources,
Kentucky  (ORSANCO Vice Chairman)
Herman  D. Regan, Jr.,  Commissioner, Bureau of Environmental Quality, De-
partment for  Natural Resources and Environmental Protection, Kentucky  (Eng. Comm.)

New York

Joseph  R. Shaw,  President, Associated  Industries of New  York State  (Comm'r)
Eugene  Seebald,  Director, Pure Waters, New York  State Department  of Environ-
mental  Conservation  (Member of Engineering Committee)
Don Stevens,  Chief of  Standards  and Compliance,  New York State Department of
Environmental Conservation

Ohio
 Christine  Carlson,  Ohio  Environmental Director,  League of Women Voters  (Comm'r)
 Dr.  Ira L.  Whitman,  Director,  Ohio  EPA  (Comm'r)

 Pennsylvania

 Maurice K.  Goddard,  Secretary, Department  of Environmental  Resources, Penn-
 sylvania (Coimn'r)
 Wesley E.  Gilbertson,  Deputy Secretary,  Department  of Environmental  Resources,
 Pennsylvania (ORSANCO  Chairman)
 Walter A.  Lyon, Director,  Water Pollution  Control,  Department  of  Environmen-
 tal Resources,  Pennsylvania (Eng.  Comm.)
 Richard Bordman, Director, Water Quality Data and Laboratories Division,
 Department of Environmental Resources,  Pennsylvania (Eng.  Comm. alt.)
 William Eischbaum,  Director, Legal Division, Department  of Environmental
 Resources, Pennsylvania

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Virginia

Eugene Jensen, Executive Secretary, State Water Control Board, Virginia
A. H. Paessler, Deputy Executive Secretary,  Water Quality, State Water
Control Board, Virginia (Eng.  Comm. )

West Virginia

Dr. M. H. Dyer, State Health Commissioner, West Virginia (Comm'r)
Edgar N. Henry, Director, West Virginia Water Development Authority (Comm'r)

U.S. EPA

Francis T. Mayo, Regional Administrator, Region V (Comm'r and member of Eng.
Comm.)
James Marth, Project Officer,  Region V
Curtis Ross, Director, Indiana District Office, Region V
Harlan Hirt, Chief, Planning Branch, Region V
Kent Fuller, Chief, Water Quality Management Section, Planning Branch, Region \
Dale Bryson, Deputy Director of Enforcement Division, Region V
Charles R. Ownbey, Ohio River Basin Coordinator, Region V
John Hagen, Chief, Monitoring and Data Support Branch, Region IV
John T. Marlar, Chief, Technical Support Branch, Region IV
John M. Harvaneck, III, Kentucky Section, Office of Water Programs, Region IV
Greer Tidwell, Nashville, Air and Water Programs Division, Planning Branch,
Region IV
Henry Longest, Philadelphia, Air and Water Programs Division, Planning Branch,
Region III
Darwin F. Alt, Dale Wismer, Robert F. McGhee, Water Planning Division, Region
III
Dan Sweeney, Dwight Hlustick, Enforcement Division, Region III
Daniel Fitzgerald, Surveillance & Analysis Division, Region III
Larry A. Parker, Surveillance & Analysis, Wheeling Office, Region III
Charles Durfor, NYC, Air and Water Programs Division, Planning Branch, Region :

U.S. Corps of Engineers

John T. Mitchell, Jr., Chief, Reservoir Control Center, Ohio River Division
 (Eng. Comm.)

ORSANCO

Leo Weaver, Executive Director
William Klein, John Donnelly, David Dunsmore, Robert Boes, Staff
Leonard Weakley, Counsel

Ohio River Basin Commission

Fred  E. Morr, Chairman
C. A. Hays, Executive Director
                                    VII

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     Even though these persons and many others were of assistance  to the  con-
tractor, none of them have any responsibility for the final product.   As  al-
ready indicated, the contract under which this report has  been prepared called
for the contractor to work independently and to supply his own analyses and
recommendations, whether or not they found agreement in the Commission, U.S.
EPA, the state agencies or elsewhere.   Accordingly, Wendell Associates alone
bears responsibility for what appears  in these pages.  We  have tried to set
forth in some detail the facts and rationales on the basis of which we have
come to our conclusions and which lead us to make each of  our recommendations.
In this way, we believe that those who have responsibility for ORSANCO's  fu-
ture will be enabled to draw from this report whatever they find useful and
judge its proposals in the light of their own views and objectives.
                                    Vlll

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                        Summary and Recommendations


     The purposes of this study have been to:

     1.  Examine the role of ORSANCO;

     2.  Analyze present programs of the interstate agency;  and

     3.  Recommend possible programs for ORBANCO.

     Items 2 and 3 have been accomplished together (largely in Chapter 3)
because most of the possible program opportunities for ORSAWCO are best
understood by discussing them in conjunction with present or past activi-
ties.

Background.

     ORSAIICO came into operation in 19^8.  Its justification was, and is,
the interjurisdictional character of the Ohio River system which drains
parts of eight states.  The drainages of the Tennessee and Cumberland
rivers are not included within the Compact, nor is a small amount of
drainage in the state of Maryland.

     The Ohio River's main stem is a boundary stream throughout almost its
entire length.  The Allegheny and Monongahela which unite at Pittsburgh
to form the main river are both interstate rivers, as are many of the other
important tributaries.  Tributaries as well as the main stem receive heavy
loadings of municipal and industrial waste effluents,

     Accordingly, effective and equitable water quality management in the
Basin can be accomplished only by close cooperation among the states.   This
is true both laterally within the segments of the  main stem and for the
Basin as a whole in terms of its upstrearn-downstream relationships.  Some
important pollutants have effects for hundreds of  miles downstream from
their points of discharge.

     Management of stream flow, which is practiced in the Ohio Basin
principally for purposes of navigation and flood control, also has inter-
state effects on water quality which spread throughout large interstate
stretches of the river system and eventually affect the entire Basin.
The programs of water storage and releases are also of intergovernmental
concern because they are carried on by the Federal Government and must
be taken into account by the states in the conduct of their water quality
programs.

     A further interjurisdictional aspect is presented by the regional
structure of the federal agencies, especially EPA  which follows the
general pattern and is organized into ten regions.  The Ohio Basin lies
in four of them.   Since each of these regions has  a degree of autonomy
                                    IX

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in making decisions of great importance to water  quality management
activities, the Ohio has a need for interstate-federal  coordination  and
not merely for cooperation among the states.

The Compact and ORSAMCO Programs.

     A reading of the ORSAHCO Compact does not  give a properly focused
impression of the role which the interstate agency has  played,  of its current
programs, or of the needs and opportunities which lie ahead.   The docu-
ment emphasizes Commission powers to make and enforce effluent  standards
against individual municipal and industrial waste dischargers.   ORSANCO
has engaged in such activities relatively little.  This has "been true
partly because of the desires of the member states.  But even more,  it
has resulted from the increased abilities of the  states to undertake
enforcement actions and to the rise of the regulatory role of the Federal
EPA.

     Using Article VIII of the Compact as a legal basis, ORSAWCO has
engaged in a number of ncnregulatory activities which are of  great value
such as stream monitoring, some analyses, some degree of interstate
coordination, exchange of views and information,  occasional research,
and production of materials useful in public information programs.  But
ORBANCO has directed most of its efforts to data  collection and manage-
ment.  It has provided a forum in which state water pollution control
officials, and to some extent personnel of the United States  Government
can consider common problems relating to water quality.  Through an
elaborate structure of advisory committees, ORSANCO also has  involved
elements of the private sector in its pollution control activities.

     On the whole, such nonregulatory activities  provide the  greatest
opportunities for ORSAWCO to serve the member states and the  Federal
Government.  The Compact as now written provides  ample  authority.

     The circumstances which caused ORSANCO to spend less than its income
for some time in the recent past had to do with  internal problems being
experienced by the agency.  The situation was most emphatically not  a
result of any lack of responsibilities needing to be carried  out or  mer-
iting a higher level of performance.

Coordination-the Key to Future Programs.

     Each of the eight ORSANCO states and the Federal Government have
water pollution control agencies.  There is no need for another pollution
control agency with programs to accomplish the same tasks which EPA and
the member  states are now performing effectively.  ORSANCO functions should
emphasize the coordination of activities basinwide to achieve greater
effectiveness in water quality management for the Basin as a whole.
ORSAWCO can make essential contributions to its  member  states and the
Federal Government by engaging in those activities on a cooperative
basis which it is  impracticable, inconvenient, or  inefficient for the
individual  jurisdictions and their  separate agencies to perform for the
Basin as a whole or for its major  interstate segments.   The interstate
                                      x

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agency can assist the state and federal agencies to conduct such of
their programs as impinge on the Ohio Basin in compatit>le fashion.
ORSANCO can make an extremely valuable contribution by working with the
states to achieve equity among them in the costly pollution control
measures that must be undertaken.

     ORSANCO has no power to compel the states, the federal EPA, the
Corps of Engineers, and other federal agencies to coordinate their
activities or to undertake cooperative programs on the Ohio.  Its
success must come from its possession of comprehensive, useful data
on the river system and the basin, from its analytical abilities,
from the common services which it  renders, from its possession of
sufficient expertise so that its recommendations will carry great weight,
and, most importantly, from the exercise of leadership in recognizing
and helping with problems that can only be solved effectively and
equitably on a cooperative basis.

     ORSANCO should take the lead  in formulating cooperative water
quality management plans and programs for the Ohio Basin.   It should
be an operational participant in them to the extent necessary to insure
that interstate problems are effectively and equitably solved, and  it
should encourage, facilitate and coordinate participation by agencies
of the Federal Government, the member states, local governments, and
private interests.

     The data management program should be strengthened along the lines
suggested below;  a comprehensive  data base is essential to an effective
water quality management program.

     Each of the program items discussed in Chapter 3 is appropriate
for performance by ORSANCO and would provide significant benefits for
the states, EPA, other federal agencies, and the people of the Ohio
Basin.  However, some are more essential than others.   This must be
taken into account because there is a need to devote available resources
to the best uses.

     The few pages of this summary and the necessarily brief amplifica-
tions of the recommendations made  below cannot substitute, either in
detail or in exposition of rationale, for the fuller treatment given
in the body of the report.  Accordingly, readers should consult Chapter 3
for explanations of the several program recommendations, Chapter 5
for discussions of financial and other resources involved, and the
other chapters in accordance with  their titles.

                              Recommendations

     1.   No effort should be made  to amend the compact at  this time.

              No increase in the regulatory powers of the  Commission
              seems appropriate or necessary at this time.  Nor are
                                    XI

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              any programs  recommended  that would make ORSANCO
              a builder  and operator  of treatment plants or
              other  major public  works.  Accordingly, the
              compact  as it stands  is sufficient to  support
              activities of the kinds which ORSANCO  needs to
              be engaged in and which will need  its  full at-
              tention  for  some time to  come.   It is  a further
              consideration that  the  development of  compact
              amendments and securing their enactment by the
              member states would involve a significant in-
              vestment of time and  resources  which might have
              to be  diverted from other necessary Commission
              activities.   If it  should be determined later
              that ORSANCO  should become concerned  in a major
              way with matters not  directly connected with
              water  quality or which  involve  additional regula-
              tory activities or  public works, it would be
              appropriate to then consider compact  amendment
              or revision,  or other legislation  sufficient for
              the intended  purpose.

Intergovernmental Relationships,

     2.  The states  and the Federal Environmental Protection Agency
should actively promote and use  ORSANCO for the  conduct of interstate
and federal-state relations in water  quality  management.

              While  ORSANCO has  a responsibility and there is
              a need to strengthen its  capabilities to per-
              form effectively as an  intergovernmental coor-
              dinator, its  effectiveness will depend in large
              measure on the willingness and  consciously  im-
              plemented desire of its member  states and EPA
              to use the interstate agency  in this  way.   Of
              course,  the individual  states and EPA should
              continue  to  deal  directly with each  other  on
              matters of peculiar concern to  each  state,
              especially where the focus  is  entirely intra-
              state rather than  on the  Ohio Basin.   However,
              the states (particularly  their  water  pollution
              control agencies)  and EPA have  it in  their
              power to encourage and  strengthen ORSANCO by
              making it clear that they rely  on the inter-
              state agency in tangible  and  specific ways  as
              their intergovernmental arm  for the  Ohio  Basin.
              Conversely, their  failure to  do so will  seri-
              ously weaken ORSANCO.

     3.  ORSANCO should serve and function  for the  entire Basin and not
merely for the main stem.
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               In the past, ORSANCO has concentrated its
               activities on the main stem of the Ohio River.
               Some have contended that this was a desirable
               limitation;  others have regarded it as expe-
               dient in view of the interstate agency's
               limited resources.  While it is -understandable
               that ORSANCO must "be involved on the main stem,
               the rationale for the interstate agency is
               the interrelated character of the entire Basin.
               Eight states are compact members, including
               two which are not on the main stem.   Accord-
               ingly, ORSANCO should certainly be active on
               interstate tributaries and headwaters streams
               as well as on the main river.   It also should
               become active for the entire river system and
               should function truly basinwide as soon as its
               resources permit.

Support Functions.

     i|.  ORSANCO and the cooperating Federal and state agencies should
design and implement a comprehensive stream data collection and manage-
ment system covering the significant tributaries as well as the main
stem, which encompasses and integrates data from the robot monitors,
manual sampling, and periodic intensive stream surveys.   ORSANCO should
take the lead  in designing the stream data collection and management
system and participate in its execution.   The system must be carefully
designed to provide the data needed (l) to meet the monitoring require-
ments imposed by statutes and regulations, (2)  for identification and
evaluation of  sources and causes of pollution,  (3) for planning including
the formulation, calibration, verification and  periodic  re-verification
of comprehensive stream models, (U) as the basis for the formulation of
NPDES permit conditions, (5)  for continuing checks on stream conditions
related to water quality standards, and (6)  for the obtaining and pre-
sentation of certain types of evidence not including effluent analysis
from individual point sources,  which will  be useful in enforcement.
The system should be periodically reviewed and  revised as necessary,
perhaps at two year intervals.

              The approved Water Quality Monitoring Strategy
              is a good start.   It should  be implemented and
              expanded as  rapidly as  available  resources will
              permit.   The manual sampling part  of the total
              program must  provide for  frequent  checks on the
              accuracy and maintenance  of  the robot monitors
              as well  as evaluation of  the representativeness
              of the  data  gathered by them.   Manual sampling
              is necessary for  measurement of the  significant
              chemical  and biological parameters not measured
              by the  robot  monitors such as  heavy  metals,  other
                                   Xlll

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              toxicants and organic pollutants, and data at
              critical points between the robot monitor loca-
              tions.

              The ORSANCO stream data program should be carried
              on through a mix of direct staff performance on
              the part of the interstate agency and performance
              by the  state water pollution control agencies,
              other appropriate state agencies, the Federal EPA,
              and other appropriate federal agencies.  A signifi-
              cant measure of direct performance by ORSANCO
              staff is desirable because ORSANCO has data
              gathering and analysis capability.  Moreover,
              there are many tasks which can be done more effi-
              ciently by a central basin agency than by the
              necessarily segmented activities of the individual
              states.  Nevertheless, properly coordinated coopera-
              tive performance by the several state and federal
              agencies and ORSANCO is the most practicable way
              to proceed.  ORSANCO should take the lead in de-
              vising the basinwide program and should coordinate
              it.  To function as an effective coordinator,
              ORSANCO must be heavily enough involved in actual
              performance to have a current, expert understanding
              and knowledge of all aspects of the program.

     5.  The stream data should be evaluated promptly.   A reporting
system should be instituted by which quality conditions and trends in-
dicating need for corrective action are immediately called to the attention
of the relevant state and federal agencies having regulatory or operational
responsibilities.  The report should be accompanied by a request from
ORSANCO that the situation be investigated and any needed corrective
actions taken, with a report back to ORSANCO.

              The data processing system for the data received
              from the robot monitors could be programmed to
              report automatically significant variations from
              the stream quality standards.

     6.  ORSAWCO should maintain a comprehensive data bank of water quality
and related data for the Ohio River Basin but  the interstate agency and
EPA should work toward a distribution of responsibilities in this field.
When Storet is fully implemented and operational,  ORSANCO should keep
complete stream data for a minimum of one year,  and perhaps for two years,
while Storet should be the permanent file.   Nevertheless,  ORSANCO should
consider keeping data on parameters which Storet does not  accept.

              A comprehensive,  properly organized data  bank
              from which information can be readily retrieved
              in usable forms for the various  purposes  to  be
                                     xiv

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              served is necessary to  almost  all  water  quality
              management and related  activities.   However,  the
              storage of data is expensive and "becomes an in-
              creasing burden as time goes on and  records multiply.
              Accordingly,  ORSANCO should maintain the current
              information that it and others require  for  opera-
              tional and other immediate purposes.  Since EPA
              has undertaken Storet,  its function  should  not  he
              duplicated.  For permanent storage,  the  data  should
              he condensed as much as possible,  using  available
              techniques, without significantly  reducing  its  long-
              range utility.

Planning Program.

     7.  ORSANCO should develop a planning capability  to  engage actively
in water quality planning for the Ohio Basin. The interstate agency may
undertake some planning projects of its own  but, at least for the immediate
future, it should concentrate on participating in  cooperative planning
activities with the state agencies, EPA, the Ohio  River Basin Commission,
the Corps of Engineers, other federal agencies as  appropriate,  and to
some extent with areawide waste treatment management  planning agencies,
and other local agencies.  ORSANCO should assume the  lead agency role in
water quality planning for the main stem of  the  Ohio  and  for  major inter-
state tributaries.

              Planning is or should be carried on  for  a variety
              of purposes and by a variety of federal, state, local
              and intergovernmental agencies. ORSANCO needs  to
              develop a planning context within  which to  formulate
              and execute its own programs and to  undertake self
              analysis of them.  It is also  in a unique position
              to assist the states with several  of the planning
              responsibilities which they perform  by  reason of
              provisions of the Federal Water Pollution Control
              Act.  These include execution  of continuous plan-
              ning process activities contemplated by Section
              303 (e), contributions to areawide waste treatment
              management planning under Section  208 and river
              basin planning under Section  209-   It is essential
              that ORSANCO participate actively  with  the  Corps
              of Engineers and the Ohio River Basin Commission
              in providing the necessary water  quality input  in
              planning for the further development, regulation,
              control and utilization of the waters of the Basin.
              Low flow augmentation may be  necessary to maintain
              proper stream quality in some  segments  even after
              a high degree of waste treatment  is  provided.
              In some instances, it may be more  cost  effective
              than achieving high levels of  source control,
              particularly as regards nonpoint  sources of
              pollutant s.
                                    xv

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     8.   Comprehensive stream modeling and analyses  using the models
for the main stem,  major interstate tributaries,  and ultimately the
Basin as a whole should be carried on "by ORSANCO.  The  interstate  agency
should expand and refine the work which it has already  begun in this
area.

              If constructed and validated on an adequate  and
              accurate data base, stream models can  be  an
              effective and convenient tool for planning and
              management,  ORSAWCO is in the best position to
              undertake modeling because it has and  should
              continue to have the best data base of any
              agency operating in the Ohio Basin and because
              it has the interjurisdictional scope and out-
              look required to construct and utilize models of
              the interjurisdictional river system,  with nec-
              essary regard for the  interrelationships among
              the several  segments of the Basin.

      9.   ORSMCO should work  with the  states and EPA in investigating and
 evaluating nonpoint or  diffuse  sources  of pollutants,  and in devising
 means for control of  such  sources.   The technical,  legal, financial, and
 institutional aspects  should  be  included.

              In highly urbanized-industrialized areas such as
              have  developed  in the  Ohio  River Basin,  nonpoint
               sources of pollutants, urban runoff (for example),
              may  have major  impacts on stream quality, particu-
              larly during critical flow periods.   Very few
              data concerning such sources and the  pollutants
               derived therefrom are available for the  Basin.
               Further, drainage from agricultural lands supplies
               a variety of pollutants which have so far gone
               almost entirely without control or compensatory
               measures.

 Stream Standards.

     10.   ORSAUCO should work with the  states in developing consistent
 stream standards for the main stem  and tributaries  having significant
 impacts  on the main stem;  and in periodic review of the standards.   Its
 interest  should be primarily in achieving interstate  compatibility and
 equity.

               Each state  formulates stream standards  for its
               own purposes and also for  submission to EPA.
               However, the emphasis of each  state  is  neces-
                sarily  on its  particular waters both in and  out
               of the  Ohio Basin.   Since the  Ohio is a bound-
               ary river,  and because there are many other
                                     xvi

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              relationships as among the several state segments
              of the river system, the interstate agency should
              provide the overall view and the comparative
              analyses needed for coordination, consistency
              and equity,  ORSAWCO's stream models will "be
              found useful,

    11.  ORSANCO should work with the states to achieve equitable alloca-
tions of allowable waste loadings on water quality limited stream segments
of interstate significance.

              In the absence of such interstate coordination
              and cooperation it may be impossible to prevent
              dischargers in one state from using up all or
              a disproportionate share of the waste loading
              capacity of an interstate stream.  This subject
              also has a federal-state aspect.   In issuing
              individual permits under the Federal Water
              Pollution Control Act, both U.S.  EPA and the
              state agencies must have a means  of relating
              permit issuance to overall stream conditions
              and capabilities.

Report s.

    12.  ORSANCO should prepare the annual information on water quality in
the Ohio River Basin required by Section 305 (b) (l) (A), (B)  and (C)  of
Public Law 92-500, for incorporation in the state annual reports,

              The evaluations called for by Section 305 ("b)
              (l) (B) and (C) should be done by the inter-
              state agency for the interstate waters, not
              by the individual states.

Enforcement Program.

    13.  ORSANCO should be the mechanism for interstate accountability.

              In the past, ORSANCO has sought to provide
              this accountability in part through "status
              reports" submitted by each state  on construc-
              tion of treatment facilities and abatement
              of pollution from specific sources.   Such
              reports can be useful, if made and reviewed
              regularly with the individual states and
              with the other states concerned.   However,
              accountability should be viewed more broadly.
              In the course of its coordinating activities
              in each of the several program areas, the
              comparison of the programs and achievements
                                   xvn

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              of each state as they relate to  the  quality
              of the -waters of the Ohio Basin  should  be  an
              integral element,

    ih,  ORSANCO should adopt effluent limitations and requirements  which
are consistent with those of the member states.

              These should be considered standby in char-
              acter.  In order to engage in direct abatement
              proceedings of its own, it is necessary for
              ORSANCO to have such limitations and require-
              ments.  Legally the Commission can enforce
              only its own regulations.  Consequently, to
              preserve the possibility of direct ORSANCO
              enforcement action in those cases where it
              may become appropriate, the Commission needs
              to have effluent limitations and requirements.
              However, they  should not differ from those
              of the member  states because it is not en-
              visaged that ORSANCO should play a primary
              enforcement role.

    15.  The  enforcement activities of ORSANCO should be of a backup and
assistance character.

              The changes which have  taken place over the
              past  quarter century have resulted  in  direct
              enforcement  activities  against  individual
              polluters by ORSANCO becoming less likely
              as a  primary means  of  securing  abatement.
              The  states and EPA  should carry the main
              enforcement burdens.   However,  ORSANCO
              can materially assist  by making its data
              available  for  enforcement purposes  and,
              upon  request,  providing expert  testimony
               in abatement proceedings brought by the
               states and EPA.   ORSANCO might  also  estab-
              lish a regular forum for enforcement per-
               sonnel through which cases  of  interest to
              more than  one  jurisdiction  could be dis-
               cussed and enforcement techniques  examined.
               The  possibility of ORSANCO  participating
               in abatement litigation should not  be
               ruled out,  but it should be considered
               only in unusual cases where one or more
               states find that suit by the interstate
               agency offers special advantages.
                                    xvi 11

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Technical Assistance.

    16.  ORSANCO should provide technical assistance to governmental
agencies as its staff resources allow.

              It would not be feasible for ORSANCO to assemble
              a staff of technical experts whose primary duty
              is to be on call.  Even if the demand for such
              services could be specifically identified and
              predicted as to quantity in advance—a highly
              unlikely prospect—a technical assistance pro-
              gram constructed on such a basis would be un-
              justifiably costly.  On the other hand, the
              furnishing of technical assistance as an
              adjunct or spinoff from its major programs
              is feasible.  It would appear that ORSANCO
              is likely to continue to have and to improve
              staff capabilities in the specialties associated
              with stream data programs.   The nature of its
              expertise in these and other fields will de-
              pend on the emphases that ORSANCO gives to
              its substantive programs.

Public Information.

    17.  ORSANCO should carry on a variety of continuing information
activities in order to disseminate its data in use-effective ways;
to make its services and accomplishments  known to the states, the Federal
Government, and the general public;  and  to improve understanding of
the water quality and related problems of the Ohio Basin,

              For the present and near future, these tasks
              must be pursued on a modest scale, largely
              with existing personnel and resources.   They
              are important, but there is an even greater
              need to develop and strengthen the substantive
              programs so that the techniques of public
              information will have a significant basis
              for communicating with ORSANCO's several
              publics.

              ORSANCO publications and communications
              should be action oriented.   They should be
              designed specifically for the audiences
              intended to use them.  It is less impor-
              tant to make them general reference works.

              There is a need for ORSANCO to be in contin-
              uous communication with the state governments
              and with relevant federal agencies.   This
                                    xix

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             must be  done mainly by the Executive Director
             and to some extent by other  senior staff mem-
             bers.  In  addition, the use  of ORSANCO com-
             missioners should be developed.  ORSANCO
             members, including the citizen commissioners,
             could become active representatives in two-
             way communication with a  wide variety of
             groups,  and in some instances with the
              state governments, and perhaps in limited
              instances, even with the  Federal Government.
Staffing.
    18.  ORSANCO should rely principally on its  own staff  for  the  conduct
of its core program activities.   Committees and  contractors  are important
supplements but should not be employed in instances where  the  Commission
has enough regular need to justify staff positions, except in  those
unusual circumstances where expertise which it is impossible or uneconomic
to afford in-house is desired.  The staff should be expanded as rapidly
as possible, with the necessary breadth of disciplines and expertise,
adequately to handle all of the activities recommended above.

              The ORSANCO staff has been extremely small in
              the past.  While it is not necessarily advan-
              tageous to develop a very large staff for the
              interstate agency, and while personnel and
              resources of the state water pollution con-
              trol agencies, EPA, the Corps of Engineers
              and others often can and should be used in
              cooperative undertakings, an effective or-
              ganization requires a staff large enough
              to assume responsibility for the major pro-
              gram elements and to produce or closely
              supervise production of the Commission's
              key outputs.  Only a staff which is  itself
              enough engaged  in substantive performance
              can develop and maintain the expertise
              which will make the interstate  agency of
              a high order  of usefulness to the states
              and the  federal agencies.

 Conclusion.

      The  program recommendations presented here are the ones which should
 have  priority.  Undoubtedly,  some of  the  other  suggestions made in Chapter 3
 could be  implemented  in part  without  substantial  additional expense or
 staffing;  some are already being accomplished  in a limited way.  However,
 ORSANCO should  concentrate  most  of  its  resources  on these priority pro-
 gram  items before  undertaking any major efforts  in other  areas.
                                     xx

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     There can be a considerable temptation  to  spread  an  agency's  programs
too thin.  If this is done,  the result  can be to  perform  below a level
sufficient to make an activity useful.   The  data  and planning programs
are of first importance because they provide the  substantive  basis for
any other activities which it the interstate agency might undertake.
                                    xxi

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                                 CHAPTER 1

                         This Study:   Why and How


     The Ohio River Valley Water Sanitation Commission (ORSANCO)  has been
in operation for a full quarter century. When the compact  creating it
was negotiated, most of the party states did not  yet  have or  had  only
recently enacted comprehensive water pollution control laws.   Needless
to say, there have been many and profound changes in  these  statutes and
in the agencies which administer them in the intervening decades.

     In the 19^Os, the Federal Government was only a  marginal participant
in water pollution control.  The advent of  the Public Health  Service —
later the Federal Water Quality Control Administration in the Department
of the Interior — and now the Environmental Protection Agency,  as a
significant regulator of water quality was  subsequent to the  establish-
ment of ORSANCO.

     Throughout this period, the ORSANCO Compact  has  not changed.  Of
course, the Commission itself is not as it  was in the late  19^0s and
1950s, but there is reason to ask whether and how far ORSANCO has re-
thought its mission as the law, administration and concepts of water
quality management have grown and the balance of  responsibilities has
altered over the years.

     Both the Commission and the Federal Environmental Protection Agency
have felt a need to examine ORSANCO in order to assess its  place in the
present structure of water quality management and in the governmental
pattern of the foreseeable future.  They determined that this should
be done with the help of an independent appraisal.  Consequently, Wendell
Associates was engaged under contract to the Federal Environmental Pro-
tection Agency.  The cost has been borne partly by U.S. EPA and partly
by ORSANCO.  A Project Review Committee consisting of James Marth for
the Environmental Protection Agency, William Klein for ORSANCO, Walter
Lyon of the Pennsylvania Department of Environmental Resources and Ira
Whitman, Director of the Ohio Environmental Protection Agency*, has
monitored the work.  However, the conduct of the  study, together with
its conclusions and recommendations, are entirely the responsibility
of the contractor.

Premises.

     The staff members engaged  in this project have had long experience
with intergovernmental relations, water resources planning, development
and management, environmental administration,  federal and  state govern-
ment,  and with a wide variety of interstate agencies.  We  are therefore
disposed to believe  in the utility of  interstate  agencies.   Nevertheless,


* Dr.  Whitman left  office before the completion  of this work.
                                     -1-

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 we are keenly aware  of  their  interstitial character.  The principal actors
 in any of the fields where  interstate agencies exist are the  state govern-
 ments and the Federal Government.  Consequently, the justification for
 any interstate mechanism or organization in a particular location or
 milieu depends on the services,  if any, that it can perform for the govern-
 ments which are  called  upon to support it.  The viability of  ORSANCO
 should be measured "by determining whether it can provide needed services
 to the eight member  states and the Federal Government and on  the utility
 of those  services.

      It is possible  for the state water pollution control agencies and
 the Federal Environmental Protection Agency to share their subject matter
 tasks with an interstate agency.  Each could have similar or  even
 identical functions.  The justification for all of them being in the
 field together might  be that none of them alone has the resources to do
 the entire job.  But  this would not be an appealing rationale.  Unnecessary
 duplication is almost certainly the consequence of such an approach.
 Accordingly,  an  underlying premise of this study is that ORSANCO is not
 justified in existing if it is to function as a water pollution control
 agency substantially  like U.S. EPA or a water quality agency of one of
 the member  states.   Its role should be based on its peculiar  status as
 an interjurisdictional  mechanism.

      In attempting to identify and develop objective and functions for
 ORSANCO,  emphasis should be placed on those activities which cannot
 be performed  properly or at all by the individual states acting separately
 or by the  Federal Government.   With respect to particular functions, it
 should also be asked whether,  even though literally possible of perfor-
 mance by  separate action of the participating governments,  there are
 any significant  conveniences or efficiencies to be gained from perfor-
 mance by  an  interstate  agency.

      One  should  also keep in mind that we are not considering interstate
 agencies  in general.   Undoubtedly, many of the programs which ORSAWCO
 could undertake  are those which any interstate water quality agency
 could reasonably perform in the geographic  area where it operates.   But
 it  is  necessary to ask what should ORSANCO do in the Ohio River Basin.

      To some degree,  the part  which any agency can play is  affected by
 its  own ingenuity and the internal drive which it musters.   In ORSANCO's
 case,  the  surrounding environment is also of basic importance.  The
 responsibilities of the member states and how they choose to carry them
 out  will either create or limit opportunities.   Further, the nature of
 the  overall quality control machinery is increasingly determined by
 the  actions of Congress and the performance of U.S.  EPA in  administering
 the  federal law.   In ORSANCO's early years,  the entire water quality
management structure was comparatively simple and modest.   Consequently,
 the  interstate agency had a potentially wider ambit  within  which to
 decide where its contribution  would be made.   This does not imply that
 the  opportunities were greater than now,  but  they were more diverse.
                                    -2-

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     In considering the programs ORSANCO might  pursue  and their relation-
ship to the interests and endeavors of the state  and federal  governments,
ve have assumed that the major directions enunciated in  the Federal
Water Pollution Control Act Amendments of 1972  will remain as there  out-
lined for some time to come.  Changes in that statute  are possible —
perhaps even likely — but it would "be speculative to  proceed on  the
assumption that we can now identify radically new approaches  to water
quality management with sufficient certainty to base  serious  recommenda-
tions for ORSANCO program development and substantial  investment  of
resources on them.

     Accordingly, we assume that the trend toward lodging the power  to
make an increasing number of the basic policy decisions in the Federal
Government will not be dramatically reversed.  On the other  hand, it
seems likely that the role of the  states as implementors will continue.
In  a field that is as complex organizationally and substantively as
water quality management,  even the implementation of a basic set of
policies cannot be described as a  series of robot functions  in which
such choices as remain are drained of policymaking significance.

Methodology.

     Work  on this  study began  in May 197^.  A  draft of this  final report
was completed  in December  197^-  After  review  and comment the report
has been put  into  final  form.   It  is now up  to ORSAUCO, the  member  states
and EPA to pursue  whatever lines  of  action they  think best.  This report
 sets  forth the judgments  of the contractor and the analyses  on which they
 are based.

      At the  outset of this study,  such raw data  as could be  helpful was
 already in existence.   It had to be assembled,  arranged in usable form
 and marshaled in ways that would yield sound program  advice  for  ORSANCO.

      Part  of the task has been to analyze the  relevant  legal and adminis-
 trative framework within which ORSANCO must  function.   An interstate
 compact is this agency's legal basis.   The  Federal Water Pollution  Control
 Act and certain other federal statutes had to  be analyzed, with  particular
 reference to their effect on interstate agency opportunities and constraints.
 Relevant state laws also had to be examined.  However,  since none of  these,
 aside from the compact, empower ORSANCO to do anything or prohibit  the
 agency from undertaking any actions which it might reasonably consider,
 an examination of the state programs, with particular reference  to  their
 bearing on the Ohio, was actually the form that this  inquiry took.

      It has also been necessary to remember that ORSANCO does not have
 the Ohio to itself.  Relationships with the state water pollution control
 agencies — now lodged in larger  departments of environmental or natural
 resources — had to be considered.  Likewise, the actual and possible
 interplay with the Federal Environmental Protection Agency and the  Corps
 of Engineers needed to be taken into account.  Finally, it was recognized
                                      -3-

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that the Ohio River Basin Commission established pursuant  to Title 2 of
the Water Resources Planning Act,  the U.S.  Geological Survey, and the
Appalachian Regional Commission have water  resource responsibilities in
the Basin.

     Ascertainment of an agency's  role and  the development of program
recommendations partake in some measure of  legal, administrative and
technical analysis.  By using such tools it has been possible to identify
the problems of the Ohio Basin and to map out in a fashion appearing to
have logical consistency what the  assignments of each participant should
or might be.  But ORSANCO is neither the fountainhead of jurisdictional
power on the river nor the ultimate director of the regional water manage-
ment program.  It is the creature  of eight  states.  Its financial support
comes from these jurisdictions and from the Federal EPA.  Its governing
board is composed of 27 commissioners.  Many of these were chosen because
of their responsibilities in water agencies of the participating govern-
ments.  Others are citizen commissioners appointed by Governors for a
variety of reasons and with a variety of expectations as to the interests
they will represent or reflect.

     From these facts it was concluded that realistic advice concerning
the role which ORSAWCO should play and the  programs which it could hope
to mount must take the views of its members and constituents into account.
Accordingly, some of the ORSANCO commissioners and other concerned or
knowledgeable persons from each of the eight states and the Federal
Government have been interviewed.   The purpose was to ascertain their
disposition toward the problems of the Ohio Basin and their receptivity
to ORSAWCO .as it now is or as it might become.  It has not been feasible
to interview or otherwise consult all of the individuals who might have
contributed to our understanding of the milieu within which ORSANCO
must operate.  We hope that our selection has been sufficient to provide
a fair basis for input to our study.  Because the contractor bears full
responsibility for this report, and offers an independent analysis of
ORSAWCO's actual and potential position, it has not been appropriate for
us to identify by name those whose views have been sought or to attribute
any particular observations to specific persons.

     The  character of our product is also determined by its  scope.
ORSANCO was originally conceived as a regional water pollution control
agency.   It has functioned entirely within this role during  all the
years of  its existence.  During the negotiation of the compact, questions
were raised as to whether ORSANCO should have other water management
responsibilities as well.  This notion was rapidly abandoned on the
ground that  it would be enough of a task to create an effective Inter-
state agency to deal with pollution alone.

     More recently, the trend nationally has been to consider water  quality
as but one  component of a necessarily  interrelated pattern of water manage-
ment  (quantity and  quality), water and related land resources management,
or  even more broadly conceived environmental management.  Accordingly,  it
might have  been appropriate to study the place of ORSAWCO in any  one of
                                     -It-

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these universes.  Indeed, some might question whether the formulation of
an ORSAHCO role can be effectively pursued within the confines of water-
quality considerations alone.  As some of our observations later in this
report will demonstrate, we have considerable sympathy with this broader
approach.  However, the scope of the effort as set forth in the contract
governing this  study has been confined primarily to water quality manage-
ment.  In terms of first priorities for strengthening ORSAJCO, this
narrower scope may be quite functional and realistic.  Nevertheless, it
has meant that  we have not had the opportunity to consider in any depth
whether ORSANCO could perform useful services in the broader field of
water resources management or environmental management as a whole.  Com-
ments on such matters will be necessary at some places in this report.
However, it must be understood that they will be more general in character
than our observations concerning water quality management.
                                     —5—

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                                 CHAPTER  2

                              The Ohio  Basin
     The main stem of the Ohio River commences at Pittsburgh where  the
Allegheny and Monogahela meet.  The river flows in a westerly direction
and empties into the Mississippi at Cairo, Illinois.  Six states  share
or border this main river, but eight are in the compact (New York,
Virginia, Pennsylvania, West Virginia, Ohio, Kentucky, Indiana and  Illinois).
Consequently, there is warrant to consider the ORSANCO mission as basin-
wide, rather than limited to the main stem.  But, as this report  will
explain, there is some contrariety of possible concept in formulating
the geographic emphasis of ORSANCO activities.

     The Basin could have been thought of in even larger terms.  The
Tennessee is a tributary of the Ohio.  When the compact was being
initially developed, some efforts were made to secure participation by
the Tennessee Basin States, but the five  states which are in the Tennessee
and not otherwise in the Ohio Basin did not look with favor on participa-
tion in an ORSANCO Compact district.  During the 1950s an effort was made
to develop a Tennessee River Compact for  pollution control.  Such a docu-
ment was drafted and enacted by Tennessee, Kentucky, and Mississippi.  But
the interstate agency created by the Tennessee Compact was never activated.

     The Ohio Basin, then, as defined for ORSANCO purposes,  stretches
from the headwaters of the Allegheny and  Monogahela Rivers to Cairo.  It
includes nineteen major  tributaries, among them  some  important inter-
state  streams like the New-Kanawha, the Big Sandy, the Mahoning, and the
Wabash.

     The overall length  of the  Basin  is approximately 900 miles  and  it
has a  width  that may be  generally  put at  from 200 to  300 miles.  Statistics
could  be multiplied to  show the Basin's  importance,  size and diversity.
But  it is  common knowledge that the Ohio  is one  of  America's great rivers;
that vital  industrial  and agricultural  activities take place in  the  Basin;
and that  its people depend on the  river  and tributaries  for  water  supply,
recreational opportunities, navigation,  and reception of wastes.  Accord-
 ingly, it  requires  little demonstration that  the condition  of  the  streams
 in the Ohio  Valley  is  of major  importance to  the basin states, the region
and  the nation as  a whole.

     A dominant fact  is that  the  Ohio and many of its major tributaries
have been dammed for  navigation,  flood control and  other purposes.   The
main stem and some  other portions of the river system, have lost their
 character as free flowing streams.  Their flow regimen is  regulated,
 although not generally for  a  full range of multipurpose uses.  The entire
 main river,  and to a lesser extent the streams in the basin as a whole,
 may be regarded as a gigantic series of slack water pools.   The  travel
 time for water in the headwaters to reach the lower Ohio is as long  as
 several months, especially during periods of low flow.
                                     -7-

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     These circumstances have tremendous significance for the water quality
problems of the Basin.  If the Ohio were a free flowing river system,
the rationale for interstate or federal-interstate cooperation in quality
management would "be the one that is principally advanced — the stream
flows from one state to another and "borders several;   its geography and
quality characteristics are interjurisdictional.   In  the Ohio's particular
circumstances, however, it must "be added that, whether in the interests of
water quality or for other purposes, the river system is controlled and
affected by a number of governmental agencies and private interests.
These too are interjurisdictional in location and character.

     The uses now and in future to be made of the Ohio Basin's waters
run the entire gamut.  Only irrigation may be regarded more lightly than
in some parts of the country, but even so, reliance on supplemental
water for farming should not be overlooked and could  become more wide-
spread in years to come.

     The region includes a substantial portion of the country's coal
reserves.  Consequently, mining, coal gasification, the operation of
fossil fuel plants, and nuclear energy all are or can rapidly become
important to the Ohio and the populations served  by its resources.  All
of these forms of energy generation make heavy demands on water, require
that its quality be managed, and have marked effects  on the pollution
load which the Ohio and its tributaries must carry.

     The myriad effects of a busy, diversified and unevenly but heavily
populated region on its water resources and on their  ability to serve
the people's needs are among the most basic facts to  be considered  in
planning for and realizing the region's near term and long range ability
to support a prosperous and healthful way of life.

     The Ohio is considered an abundant river.  Its basin lies in a part
of the nation which is well endowed with rainfall. But the demands on
the region's water resources are heavy and the regimen of the river system
has already been committed to drastic regulation  by the public works  of
governmental agencies.  The Federal Government controls flow, the federal
and state governments regulate discharges of wastes,  municipalities and
private interests are primarily responsible for treatment of wastes and
for a complex variety of practices in land use, manufacturing and agri-
culture which affect pollution from non-point sources.   Perhaps most
major rivers are intergovernmental streams, but the condition of the
Ohio is more affected than most by the course of  intergovernmental
activities, inaction, and relationships.

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                                 CHAPTER 3

                             Role and Program
     In recent years, ORSANCO has not capitalized fully on its  opportuni-
ties for service, nor has it come up to its potential in performing the
water quality management tasks which lie within its unique province as
an interstate agency.  The present need is for strengthening of existing
programs and for assumption of additional responsibilities as the re-
sources placed at the disposal of ORSANCO by the member states  and the
Federal Government allow.

     This chapter identifies, describes and presents the rationale for
a considerable number of program activities.  Many of them have been
recognized by ORSANCO, EPA and the member states as needful.  Some are
currently performed by ORSANCO in more or less degree.

     It should not be expected that ORSANCO could mount significant
programs in all of the fields discussed here in the immediate future,
even if the Commission wished.  However, the presentation of a compre-
hensive set of programs  should prove useful in outlining what can be
done.

                             The ORSANCO Role

The Intergovernmental and Interagency Network.

     Each of the eight member states has assumed major responsibilities
for environmental management and has a department devoted to that field
of activity.  The United States Government also has one of its more im-
portant and visible  agencies assigned to environmental affairs.

     This trend to see the physical universe whole and to emphasize the
interrelationships among land, water and air is fairly new.  It was little
thought of and even  less embodied  in the administrative organization of
public agencies when ORSAWCO was created.  Accordingly, it is not strange
that ORSAWCO, whose  compact has remained unamended from the beginning
should be cast as a  water pollution control agency and not as a compre-
hensive water management or environmental organization.

     Nevertheless, water quality control cannot nowadays be considered  in
its narrowest context.   Stream flow regulation, for whatever purpose under-
taken, has a profound effect on water  quality.  Various waste disposal
methods  such as  incineration, land disposal and discharge to streams
present  choices  which materially affect the ability to control water
quality  and  influence the methods  to be used.  Consequently, even an
agency which  is  charged  only with  water pollution  control jurisdiction
must be  equipped and able to concern itself with much more than waste-
water treatment  and  the  quality  of effluents and receiving waters  if
it  is to have a  really  effective  impact.

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      The question of whether ORSANCO  could be of greater service to the
 states if it  were a  more  broadly conceived agency  is not considered here.
 For practical reasons it  probably would be unwise  at this time to attempt
 a major overhaul  of  the compact.  Such an effort would consume substantial
 time,  funds,  and  attention of the Commission and its staff.  Even if not
 so intended,  it might act as a deterrent to the prosecution of substantive
 programs by ORSANCO  on the plea that  major decisions should be delayed
 pending resolution of the conceptual  debate.  As the following pages
 will show,  there  are so many vital things that will continue to go undone
 unless ORSANCO performs them that serious consideration of entirely new
 fields of responsibility  would be debilitating rather than helpful at the
 present time.  Accordingly, ORSANCO should actively consider what its
 role ought  to  be  within the range of  opportunities and constraints
 afforded by its present compact.

     The only  direct  public contact that ORSAWCO is likely to have is in
 its information program and in one or two other services to be proposed
 later  in this  chapter.  Almost entirely, however,  its role is that of
 coordinator and provider  of services to other governmental agencies.
 Accordingly,  in the most  direct sense, ORSANCO's constituents are the eight
 member states  and  the United States Government.   Within these governmental
 structures, those most immediately involved are the environmental depart-
 ments,  especially the water pollution control agencies.  But the re-
 organizations  that have occurred at both the state and federal levels
 during the past decade or so have not quite succeeded in gathering all
 water  quality  related functions in single places.  At the federal and
 federal-interstate levels in addition to EPA, the Department of Defense
 through its Corps of Engineers has a direct and large presence on the
 Ohio;   the Water Resources Council and its Ohio  River Basin Commission
 must be  considered, both  in general and because  of the Section 209 river
 basin  planning provision of the Federal Water Pollution Control Act Amend-
 ments  of 1972;  the Appalachian Regional Commission has an effect by  reason
 of  its water and waste management programs,  consideration of mine land
 problems and other public works programs in the  eastern parts of the
 Basin;  and the Departments of the Interior,  Agriculture,  and Commerce
 are also relevant because of their interests in  fisheries,  weather, geology
 and other natural resources or environmental factors.

     At the state level,  the constituents and colleague agencies  can  also
 be multiplied, depending on how active ORSAHCO itself becomes and on  how
 widely one proposes to consider the subject  of river system management.
 Many of the states separate the water pollution  control and fisheries
 agencies.  In addition, other  agencies such  as the highway departments
may also be significant because of the effects of some  of their activ-
 ities on runoff and on water quality.

     However,  this array should not  be taken as  equally important in  all
 its parts.  The core of the ORSANCO  relationships is in the  ambit of  the
 state water pollution control  agencies and the Federal  EPA.   The  Corps
of Engineers and the several  fisheries agencies  are also more intimately
concerned than others within the  larger circle of agencies  just referred
to.
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The ORSAKCO Compact.

     The powers of a programmatic character most prominently set  forth
in the Compact are those directly relevant for an enforcement activity.
Effluent standards are written into the Compact itself.   However,  all
that is required is the removal of settlea"ble solids and forty-five
percent of suspended solids.  These conditions can be satisfied by primary
treatment.  Because present treatment requirements at both the federal
and state levels are greater than this, the express provisions of the
Compact must be regarded as largely outmoded.  However,  the Compact also
confers on the Commission power to make additional requirements to govern
effluent discharges, as may be suitable in particular circumstances.
Just how extensive such a process might be and what its  place could be
in the overall federal-state system of water quality management will be
considered later in this chapter.  However, it should be noted here that
ORSANCO does have the legal authority to make and enforce standards,
effluent limitations and requirements beyond those expressly written in
the Compact text, and that from time to time it has done so.  It  is also
specifically set forth that the Commission may employ abatement hearings,
administrative orders and court proceedings to enforce its requirements
against municipalities and industrial waste dischargers.

     From a mere reading of the Compact, one could come to the conclusion
that all there is to an enforcement program—at least so far as the Com-
mission is concerned—is the making of effluent standards and their ap-
plication to particular waste dischargers through administrative and
judicial proceedings.  Other types of enforcement activities, and certainly
the nonprosecutorial kinds of water quality management programs are not
specifically mentioned.  Accordingly, their conduct by ORSANCO depends on
the authorities that are necessarily implied in the Compact and its
general purposes or on amendment or supplementation of the Compact as it
now stands.

     Since ORSANCO's direct action in  issuing orders against and suing
alleged polluters  is represented by no more than a handful of cases,  it
is clear that almost all of the agency's actual program activities during
the quarter century of its  existence have rested on  implied authority.
This conclusion  is reached because, aside from  some powers of a study and
recommendatory character contained in Article VIII of the Compact, the
only grants of authority relate to enforcement.

     To the extent that ORSANCO activities have been based on specific
words  of  the  Compact, they  have found  their authorization almost entirely
in the following  language:

                               ARTICLE VIII

           The Commission  shall conduct a  survey of  the territory in-
      cluded within the District,  shall study the pollution  problems
      of the District,  and  shall make a comprehensive report  for the
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     prevention or reduction of stream pollution therein.  In pre-
     paring such report, the Commission shall confer with any national
     or regional planning body which may "be established, and any
     department of the Federal Government authorized to deal with
     matters relating to the pollution problems of the District.
     The Commission shall draft and recommend to the governors of the
     various signatory States uniform legislation dealing with the
     pollution of rivers, streams and waters and other pollution
     problems within the District.  The Commission shall consult
     with and advise the various States, communities, municipalities,
     corporations, persons, or other entities with regard to partic-
     ular problems connected with the pollution of waters, particu-
     larly with regard to the construction of plants for the disposal
     of sewage, industrial and other waste.  The Commission shall,
     more than one month prior to any regular meeting of the legisla-
     ture of any State which is a party thereto, present to the
     governor of the State its recommendations relating to enact-
     ments to be made by any legislature in furthering the intents
     and purposes of this Compact.

     These words seem clearly to look toward a planning function and to
the making of recommendations.  Some indication of how this might be done
is contained in the reference to uniform legislation and recommendations
of changes in law.  The idea that planning should be done in cooperation
with a national or regional planning body is indicative but not necessarily
confining.  Indeed, in its historic context, it would seem that what was
specifically in mind was the National Resources Planning Board structure
of the 1930s which was abolished before ORSABfCO commenced operations.
Nevertheless, the thought of cooperative planning could be applied equally
well to undertakings with the Ohio River Basin Commission, the Appalachian
Regional Commission, river basin planning entities under Section 209 of
the Federal Water Pollution Control Act or areawide planning bodies under
Section 208 of the same statute.

     It also seems clear that the Compact envisages ORSANCO as a con-
sultative arm of the member states which can give advice on control and
abatement measures such as the construction of treatment plants.   However,
the language of Article VIII is not restrictive and so can provide a
basis for whatever kinds of nonregulatory forum, assistance and informa-
tional or analytical activities might be desired.

     Activities that consist of the gathering of data, where compulsory
access to private property is not necessary, do not generally require a
specific statutory or compactual basis.  It can be assumed that any agency
has an inherent right to inform itself in fields relevant to its subject
matter responsibilities.   Similarly, the conduct of research by virtually
any method is a defensible activity.  Consequently, it may be concluded
that if the party states, the Federal Government, and such other funding
sources as may be found are willing to finance ORSANCO, it may engage in
such activities.
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     Although it is sometimes made explicit in statutory authorizations
or other types of charters,  the forum function can also  be  performed
without a specific charge in the Compact,  and none appears.   Indeed, the
composition of the Commission makes it easy and perhaps  inevitable that
ORSANCO be used to facilitate an interchange of views  among water pollution
control agencies in the party states and the Federal Government.  Since
citizen commissioners serve  on the agency, there is also opportunity for
the forum function to include elements of the private  sector  in the
Ohio Basin.

     Operating programs such as the construction of treatment systems  or
stream flow regulating works are not mentioned.  Since the  conduct of
such undertakings usually involves large sums of money,  the management
of extensive and valuable properties, the borrowing, management and re-
payment of capital funds, and frequently exercise of the power of eminent
domain, it is impractical to proceed very far on the basis  of inferred
powers only.  As already indicated, the Compact does not contain express
powers of the kind that would be necessary to permit ORSANCO  to engage in
the conduct of large programs of public works.

The Federal Water Pollution Control Act.

     The Federal Water Pollution Control Act, unlike the Compact, cannot
empower ORSANCO to engage in activities because it is  not an  enactment
of the member states.  However, the Federal Act is important  to ORSANCO
because EPA is and must be a principal participant in  intergovernmental
water quality management and because of the role which ORSAWCO can play
in assisting the states and EPA to implement a number  of key  provisions
of the federal law.

     Section 103 of the Federal Act (a reenacted provision  from previous
versions of the statute) directs EPA to encourage several kinds of inter-
state and intergovernmental  cooperation.  In particular, the  consent of
the Congress is given to the negotiation of interstate compacts which,
however, are not to be binding and effective until Congress consents to
the specific text of the compact in question.  Accordingly, this pro-
vision has only limited significance, but it does evidence  a  policy on
the part of Congress to encourage interstate compacts  for water  quality
management.

     The ORSANCO Compact antedated this provision of  federal  law,  even
in its earliest appearance in the original 19^8 Federal  Water Pollution
Control Act.  Nevertheless,  the ORSANCO Compact does  have the specific
consent of Congress and so meets any condition on this score  which
might be held to apply.

     The Federal Act Amendments of 1972 makes specific mention of  inter-
state agencies forty-three (U3) times.  The table on  pages  ik-lj  lists
these provisions and gives a brief indication of their substance.   Since
there are not interstate agencies on each of the major navigable river
systems of the United States, the Federal Act does not and  could not
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Table No.  1
References to Interstate Agencies
Section number
ioi(b)(i)
102(a)
103(b)(2)
LOMb)(2)
LOMb)(3)
LOU(n)(l)
L05(a)
L05(b)
L06(a)
106(b)
Substance of provision
It is the policy of Congress to provide Federal technical
services and financial aid to interstate agencies in order
to aid research in the prevention, reduction and elimination
of pollution.
The Administrator of EPA shall develop comprehensive water
pollution control programs in cooperation with interstate
agencies. The Administrator is authorized to make joint in-
vestigations with any interstate agencies of water conditions
in any state and of sewage discharges which affect such waters
Congressional consent is given to states to negotiate compacts
for the prevention and control of pollution and to establish
interstate agencies.
In establishing national programs for the prevention, reduc-
tion and elimination of pollution, the Administrator shall
cooperate with interstate agencies with respect to research,
investigation and related activities.
The Administrator is authorized to make grants to interstate
agencies for research relating to prevention, reduction and
elimination of pollution.
The Administrator shall, in cooperation with interstate agen-
cies, conduct comprehensive studies of the effects of pollu-
tion on fish and wildlife, on recreation, on water supply and
water power, and on other beneficial purposes
The Administrator may make grants to an interstate agency
assisting the EPA in developing a new and improved method of
preventing, reducing and eliminating the discharge into any
waters of pollutants from storm water sewers and in demonstra-
ting advanced waste treatment and water purification methods
or new methods of joint treatment of municipal and industrial
wastes .
The Administrator may make grants to an interstate agency to
demonstrate advanced pollution control techniques within river
basins.
The sums of $60,000,000 and $75,000,000 were authorized re-
spectively for the fiscal years ending June 30, 1973 and June
30, 197 1| for grants, including those to interstate agencies
for administration of water pollution control programs
Program grant allotments will be made to interstate agencies.
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Section number
                 Substance of provision
io6(c!
             The Administrator is authorized to pay each interstate agency
             each fiscal year the allotment made under subsection (b),  or
             reasonable costs as determined "by the Administrator of conduc-
             ting a pollution program by such agency.	
106(d)
             No grant will he made under sec. 106 to any interstate agency
             when the expenditure of non-Federal funds for such agency's
             recurrent expenses for its pollution program are less than its
             expenditure of non-Federal funds for such recurrent program
             expenses during fiscal year ending June 30, 1971.	
106(f)
      (1)



      (2)

      (3)
             Grants shall he made under this section on condition that:
             an interstate agency must file with the Administrator within
             120 days after the date of enactment of this section a summary
             report of the current status of the state pollution program
             and additional information as required by the Administrator;
             no federal enforcement as defined in sec. 309(a)(2) is in ef-
             fect with respect to such interstate agency;
             such interstate agency submits within 120 days after the date
             of enactment of this section and before July 1 of each year
             thereafter for the Administrator's approval its program of
             pollution control.	
108 (
a.
The Administrator, in cooperation with other Federal agencies
or departments,  is authorized to enter into agreements with
any interstate agency to carry out programs of improved pollu-
tion control within the watersheds of the Great Lakes.	
108(la)
             Federal participation in such projects shall be subject to
             the agency's paying not less than 25 per centum of the actual
             project costs.	
                 The Administrator is authorized to make grants to any inter-
                 state agency for the construction of publicly owned treatment
                 works.
                 The Administrator shall not make grants authorized for any
                 fiscal year beginning after June 30, 19TU to any interstate
                 agency for construction or improvement of treatment works un-
                 less the applicant has satisfactorily demonstrated that:
                 (A) alternative waste management techniques have been studied
                 and the works proposed will utilize the best waste treatment
                 technology, (B) the works proposed will take into account and
                 allow application of technology at a later date that will pro-
                 vide for the reclaiming or recycling of water.	
20Ma)
             Before approving grants for any treatment works  project  under
             sec.  20l(g)(l)  the Administrator shall determine:
             that  the applicant agrees to pay the non-Federal costs of such
             works and has adequately provided for trained personnel  and
             has obtained approval of its plan of operation from an inter-
             state agency where appropriate.	
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Section number
    Substance of provision
                 The Administrator shall,  within 180  days  after the  date  of
                 enactment of the Federal  Water  Pollution  Control Act Amend-
                 ments of 1972 and after consultation with appropriate  inter-
                 state agency, issue  guidelines  applicable to  payment of
                 waste treatment  costs  by  industrial  and nonindustrial  users
                 of waste treatment services.
                 Approval by the Administrator  of  a  grant  for  any  treatment
                 works  to an interstate  agency  established by  interstate  com-
                 pact shall  constitute authorizatipn by Congress.	
310(a)
Whenever the Administrator has received reports from an in-
ternational agency regarding pollution which is endangering
the health of persons in a foreign country, and the Secretary
of State requests that such pollution be eliminated, he shall
notify the State water pollution control agency in the State
or States where the discharge is originating and the appro-
priate interstate agency, if any.	
                 Any applicant  for  a Federal license or permit to conduct any
                 activity which may result  in a  discharge into navigable waters
                 must provide the licensing agency a certification from the
                 interstate  agency  having jurisdiction over the navigable wa-
                 ters where  the discharge will originate.  Such interstate -agen-
                 cy  shall establish procedures for public notice in the case of
                 all applications for certification and where it deems appro-
                 priate, procedures for public hearings regarding specific ap-
                 plications.  Where the interstate agency has no authority to
                 issue a certification, such certification shall be from the
                 Administrator.  Certification requirements of this section
                 with respect to Federal application shall be waived, if with-
                 in  a reasonable period of  time  after request for certifica-
                 tion,  the State, interstate agency, or Administrator fails
                 to  act.  No license or permit shall be granted until certifi-
                 cation as required by this section has been obtained or has
                 been waived.   No license or permit shall be granted if cer-
                 tification has been denied by the State, interstate agency,
                 or  Administrator.
                Certification obtained pursuant to paragraph (l) of this sub-
                section with respect to construction of any facility, shall
                fulfill certification requirements in connection with any other
                Federal license or permit required unless after notice to the
                interstate agency by the Federal agency to whom application is
                made, the interstate agency notifies such Federal agency with-
                in 60 days after receipt of notice that there is reason to be-
                lieve the requirements of sections 301, 302, 306, and 307 of
                this Act may not be met because of changes in various areas
                since construction license or permit certification was issued.
                Provisions of this paragraph shall not be applicable in any
                case where applicant has failed to notify where appropriate,
                the interstate agency of any proposed changes in the construc-
                tion or operation of facility with respect to which a license
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Section number
                    Substance  of provision
(cont.)
                 or permit has been granted, which changes may violate re-
                 quirements of sections 301, 302, 306,  or 307 of this  Act.
                 Prior to initial operation of any federally licensed or per-
                 mitted facility or activity, and where appropriate,  the in-
                 terstate agency shall be permitted to review the manner in
                 which the facility or activity shall be operated to  assure
                 that applicable effluent limitations will not be violated.
                 The Administrator shall, upon request of any interstate agen-
                 cy provide relevant information, for the purpose of this
                 section, on applicable effluent limitations and shall,  when
                 requested, comment on any methods to comply with such limita-
                 tions .
                 After promulgation of the guidelines under section 30U(h)(2)
                 of this Act, the governor of each State wishing to administer
                 its own permit program for discharges may submit a descrip-
                 tion of the program to be established and administered either
                 under State law or under an interstate compact.  In addition,
                 a statement shall be required from the chief legal officer in
                 the case of an interstate agency to the effect that the laws
                 of the compact provide adequate authority for administering
                 the program.	
502(2)
                "Interstate agency"  means an agency of two  or more states
                pursuant to an agreement or compact approved by Congress,  or
                any other agency of  two or more States having substantial  pow-
                ers or duties  relating to pollution control as determined  and
                approved by the Administrator.
502(5)
                "Person" can mean an interstate body.
503(a)(l)
                Appointed members of the Water Pollution Control Advisory
                Board shall be selected from among representatives of various
                agencies, including interstate agencies.	
510
                An interstate agency may adopt any standard or limitation re-
                specting discharges of pollutants or requirement  respecting
                control of pollution; except that if such standard,  limitation
                or requirement  is in effect under this Act,  such interstate
                agency may not adopt a standard,  limitation or requirement
                less stringent than that of the Federal Government.	
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  assign  unique  functions contemplated for performance only by such agencies
  For this reason  it  is more instructive to discuss the special contribu-
  tions vhich an interstate agency such as ORSANCO must make to the function-
  ing of  the Federal Act in programmatic terms.  The presentations of
  ORSANCO program  possibilities in this chapter make appropriate references
  to provisions  of the Federal Act.  Nevertheless, it may be helpful to
  list the program implications for ORSANCO briefly before beginning the
  more detailed  exposition.  This is done in the table on pages lW7.

                        Current and Possible Programs

      If one were to attempt to gain an impression of the extent  and
  range of ORSANCO activities during the past year by drawing up a list of
  all items which received at least some attention, the picture would be
  of a varied program.  Included would be the gathering and analysis of data
  on stream quality,  dissemination of information,  the preparation of a
  documentary film, the carrying forward of enforcement action,  recommenda-
 tions on control  of deep well injection,  stream modeling,  power  plant
  siting,  consideration of the  problem of user charges,  and a number of
 other matters.

      It  is  clear  that current ORSMCO activities  are dominated by the
 monitoring  program  and attendant  data processing  and evaluation.   For
 FY 1975, 17. 5J  of the total staff effort  is  directly allocated to  moni-
 toring and  45%  to data processing and evaluation.  For FY  1976  the
 proposed allocations are 19.5$ and  ko,2%, respectively.

 Monitoring.

     The monitoring  program is composed of several elements.  Twenty
 electronic monitors  have been placed  along the main  stem of the river
 and are  operated  by the Commission.   In addition, water users and the
 U.S. Geological Survey who collect data for their own purposes are
 organized to provide  such information to ORSANCO on a regular basis.
 All in all, a network of sixty-six stations report regularly to the
 Commission office in Cincinnati on a number of parameters,  The robot
 stations transmit the data hourly.  This is the backbone of the system
 and virtually the sole reliance for obtaining a continuous picture of
 water quality conditions in the Ohio.

     When all of the circumstances under which it has been initiated and
 prosecuted are recognized, it is clear that the ORSANCO monitoring pro-
 gram is a remarkable one.  It provides more data on a more frequent basis
 than is regularly collected for the entire length of a major river any-
 where in the world.   The effort has been a truly pioneering one and has
 provided ideas and experience which other agencies have used in devising
 their own automatic  monitoring undertakings.

     Moreover,  it  has been done on a shoestring.   Even though the costs
bulk very large  as an expenditure from the limited resources available to
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ORSANCO, they are small for a program of its  size.   In  putting  the  system
together, ORSANCO has made use of volunteer help in that  it  has relied
heavily on securing data from those who collect  it  for  their own purposes
and who have teen willing to furnish information,  either  as  a public  ser-
vice or in exchange for reports containing the data that  ORSANCO collects
and analyzes.

     The Commission has recently developed and adopted  a  monitoring
strategy which calls for the substantial expansion of the system.   The
subject engendered considerable discussion before its unanimous approval
by the Commission.  It is not that anyone seriously doubts the  desirability
of having information on water quality in the Ohio.  However, there are
a number of questions as to the purposes of the  system  and whether  the
monitoring program as it now is and as it is  proposed to  be  will serve
them.  Further, it must be considered whether the concentration of  ORSANCO
resources in this program and the allied data processing  and evaluation
activities prevents the Commission from undertaking other activities of
equal or greater importance.  In order to address these questions,  it is
necessary to ask why the interstate agency should collect and provide
information on water quality.

     There are a number of purposes which could  be served,  These include
the obtaining of accurate knowledge of the actual condition  of  the  river,
the taking of enforcement action against waste dischargers,  the planning
of water uses and the allocation of waste loadings, determination of what
water quality problems exist and how they might  be remedied, and the de-
tection of spills and other temporarily hazardous conditions so that
people, governments and industries along the  waterway can take  timely
protective measures, and to aid in the operation of the river regulating
installations which so substantially control the quantity of water  in the
Ohio River system at any given time.  Information about stream  conditions
is important to the making of sound regulatory policy for a  particular
stretch of waterway.

     Under the present Federal Water Pollution Control  Act such informa-
tion has an important bearing on whether waste dischargers will be required
only to employ "best practicable treatment",  and at a subsequent time,
"best available technology", or whether in addition, a wasteloading
allocation will be necessary so as to further limit the total amount of
pollutant discharge which a municipality or industrial  establishment will
be allowed.  It must be recognized, however,  that  stream monitoring by
itself does not suffice for the abatement of pollution through the taking
of enforcement action.

     In an abatement proceeding, it is necessary to establish that the
discharge of the alleged polluter  is of a kind or amount that violates
applicable requirements of law.  If one attempts to do this  by offering
evidence as to the quality of the  receiving stream, it is necessary to
recognize that the defendant is almost certainly not the only contributor
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to the pollutant load.  Stream quality at any given location is deter-
mined "by all of the influences, natural and manmade, which have played
on the waterway from its headwaters to the point in question,  with
allowances for such changes as may have occurred within the stream
itself.  Furthermore, there is a much more direct and reliable way of
proving what a discharger is putting into the stream.  The effluent
can "be sampled and analyzed,

     Whether ORSANCO should engage in compliance monitoring in addition
to stream monitoring will be considered when we examine the suitability
of an enforcement role for the interstate agency.  For the present, it
is enough to indicate that the conduct of abatement proceedings cannot
properly be offered as a major purpose of the ORSAWCO stream monitoring
program.

     Each of the other possible purposes mentioned above is one that must
be served by knowledge of stream conditions.  All of them, except  for the
detection of spills, can be subsumed under one or the other of two head-
ings:  for planning purposes and for determination of waste load alloca-
tions in a regulatory process.  It then becomes essential to decide what
kind and how much data is required to serve these purposes and to  shape
a data gathering, interpretation and dissemination system that will pro-
duce the desired information in convenient and usable form.

     The beginnings of an answer can be found in the observation that the
states and EPA need to know as fully and accurately as possible what the
river is like.   As the public agencies charged with seeing that the waters
of the Ohio Basin are available and suitable for all legitimate uses or
that the choices of use are equitably determined, these entities must
have all of the information necessary for any purpose.  Municipalities,
industrial and agricultural users, and other private interests have vary-
ing needs which depend on the particular uses which they make  or propose
to make of the river system,

     Given the American governmental structure, there are only two kinds
of entity that could provide a comprehensive picture of the Ohio:   an
agency of the Federal Government or an intergovernmental basinwide agency.
No individual state gathering and interpreting data within its own ter-
ritorial limits has the necessary geographic coverage.  Even if the states
were separately to monitor as ORSANCO does, some coordinating  body would
be required to put the pieces together and to make the undertaking in-
ternally compatible in its several parts.  Accordingly, it may be  con-
cluded that the stream monitoring function is a necessary one  and  that
it is ideally suited for performance by ORSANCO.

     The robot monitoring system as now operated gives the appearance of
comprehensiveness and thoroughness.  Plotting it on a map shows reporting
stations dotted along the whole main stem of the river.  The impression
of thoroughness is also conveyed by the hourly reporting from  the  robot
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monitors every day of the year.   But it should be recognized that  the
monitoring system is only partial.   It is limited to those parameters
which have been programmed into  the system and which are susceptible of
collection by electronic means.   It is also limited by the methods used
to operate the system and by the uses which ORSANCO and its client agen-
cies are organized to make of the information produced.

     The need for the ORSANCO monitoring program is that it provides the
best hope of generating the information and analyses essential  for plan-
ning and regulatory activities of the states and the Federal Government.
Even if it may be assumed that the Ohio is now in reasonably good  condi-
tion and can accept substantial  new burdens, it is idle to hope that the
river will be able to withstand  the region's development of forty  or more
additional power plants, intensified exploitation of its natural resources
(principally coal), and expansion of manufacturing and agricultural activity
in an effort to maintain and improve national standards of living, unless
there is very careful management.

     Although it is better than  anything yet devised for a river of the
Ohio's size, the ORSA1TCO monitoring program suffers from a number  of
limitations which should be overcome in order to provide the very  neces-
sary tool for river management.

     On the average, the stations relied upon to construct the  picture of
stream quality are twenty or more miles apart and located where a  utility
or other water user could be found willing to host the installation with-
out charge.  The aim was to tap  into an intake through which a  large
volume of river water was being  withdrawn and thus obtain what  could be
regarded as a fairly representative sample.  (One power plant,  for example,
withdraws as much as one-quarter of the total flow of the river at certain
periods of the year.)  This mitigates the limitations which would  other-
wise accompany a system in which there is not normally sampling at points
across from each other on both banks.  However, it cannot be assumed that
water quality in the intervening distances between upstream and down-
stream monitoring points is the  same as at the stations.  Very  substantial
supplementation of the existing  data gathering system is therefore de-
sirable.

     Prior to establishing a monitoring station, ORSANCO has usually,  on
a contract basis with the U.S. Geological Survey, done a lateral cross-
section check of the river at the proposed site.  However, once the in-
stallation is made, ORSAWCO has  not been in the habit of doing  any further
checks on a regular basis.  Cost has been considered a deterrent.

     Depictions of stream quality throughout the Ohio's length  are made
by projecting conditions reported at the robot stations into the inter-
vening stretches of the river.  It is also assumed that conditions
ascertained for one bank of the river at any given time are essentially
similar on the opposite shore, except in cases where the initial cross-
sectional check made when the station was installed has revealed other-
wise .
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      It  is  "beyond the  scope of this  study to determine whether ORSANCO
 has  succeeded  in placing  its monitors in positions which, taken as a
 whole, sample  most of  the different  kinds of quality condition likely to
 prevail  somewhere on the Ohio.  The  data made available does enable
 generalized conclusions as to whether the river as a whole is getting
 better,  deteriorating, or remaining  in a stable condition with respect
 to the parameters sampled.  Other significant pollutants may not be
 detected and could be  increasing in  concentration.  If the data furnished
 by water users whose stations make up so substantial a part of the
 monitoring  network can be taken as accurate, there is specific informa-
 tion  as  to  the quality of water with which some of the users along the
 river have  to  deal.  However, this is not enough to support detailed
 planning efforts or management activities of a specific character, nor
 will  It  really suffice to provide a reasoned basis for basic policy
 decisions in the future when the river may carry a much greater pollutant
 loading.

      What the  states and EPA need are the data required for decisions as
 to whether more than "the best practicable treatment" is now needed at
 a specific location;  whether wastes of a particular description can be
 safely discharged to the river at a precisely given point where a specific
 plant already  stands or will be built;  whether the stretch of river between
 mile  310 and 320 can take an increase in temperature without adverse
 effects  on aquatic life.  These are the kinds of facts and judgments,
 based on monitoring, which underlie sound standards making and realistic
 permit conditions.  Such data are also valuable to dischargers, public
 and private  in planning and designing treatment and disposal works.

     Changes in water quality in the course of many mile reaches of the
 river and laterally across the river are too probable and too numerous
 to be left out of the reckoning in composing the picture of stream condi-
 tions.   They occur because of natural processes;  they also result from
 local discharges which may have a marked effect for several miles but
 which may thereafter be diffused or diluted to the degree that  they impact
much differently on the next monitoring station than on much of the
 waterway above it.

     The absence of certain kinds of data is also serious.   Useful as
 robot monitoring may be, it  cannot  detect many substances which have
 in recent years been recognized as  crucial elements of water quality.
 For example, heavy metals and most  other toxic  substances,  pesticides,
nutrients,  oil and grease, total organic carbon, and the condition of
bottom mud cannot be monitored by electronic  means.   This is significant
 in understanding the desirable directions for expansion of the  ORSAWCO
 stream data system.   In some degree,  this has been recognized in the
recently adopted monitoring  strategy.  We believe it deserves still
 furt her  empha sis.

     It  is not suggested that  robot monitoring  should be expanded to a
point where it would produce the kind of coverage necessary to  overcome
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the limitations.   Such a course could require  a  tremendous multiplication
of ro~bots and of the data operations attendant thereto  as to "be  in  excess
of all reasonable cost.  Even if this could "be done,  it would  solve only
part of the problem.  On the other hand,  it should not  be concluded that
robot monitoring as presently done by ORBANCO  is lacking in usefulness
because it fails to accomplish all that is required.  As will  be indicated
in a subsequent section of this chapter,  what  is needed is  supplementa-
tion of the robot monitoring by other methods  to the  point  where a  well
rounded system of data collection and analysis is in  operation.

     The monitoring strategy recently devised  by ORSANCO  seeks to rectify
the situation to some  extent by including manual sampling to  supplement
data from the electronic stations.  It has been  recognized  that this  will
create a need for laboratory services not hitherto experienced in the
ORSANCO program.

     To obtain what is required it is intended to rely on  the U.S.  Geolog-
ical Survey Laboratory in Atlanta for much of the work.  It is also ex-
pected that local arrangements will be made to secure analysis of samples
which would deterioriate if  sent long distances or not processed immediately.

     Such an approach  may be the best that can be managed under present
cost and other constraints.  However, it would be better to work toward
the strengthening and  use of laboratory resources entirely within the
Ohio Basin.  The monitoring  requirements of the Federal Water Pollution
Control Act  seem likely to place great additional demands on all facilities
available for water quality  analysis.  This will be true in every part
of the country.  Accordingly,  the utilization, and where necessary the
augmentation, of state and federal  laboratory capabilities within the
Basin which  will be sufficient to handle both ORSANCO  needs and those of
the other agencies  themselves  is the  desirable objective.

     Aside from  the need  for more  satisfactory resolution of the laboratory
problem,  the ORSANCO  data collection system has a number of other  aspects
requiring attention.   The first  of  them  is the  absence of field and main-
tenance  personnel  and the  shortage  of technical personnel.  This has at
least  two undesirable consequences.   One  is the  inability of  ORSANCO to
check on the accuracy of information provided by  the monitors and  such
other  sources as may  supply data.   The other  is dependence on outside
 sources  for  the  functioning of crucial parts  of the  system.

      In  relying to a  major  extent on stations operated by water users,
 the Commission bases  its assumption of the reliability of  data  received
 on the fact  that the  information is collected in  the normal course of
 the water user's own  operations.   The reasoning is that it is in the
 best interests of the operators as well  as ORSANCO that the data be
 professionally gathered and reliable.  The only check  employed is  the
 furnishing by ORSANCO of occasional standard  samples to be run by  the
 operators,  with results of analyses furnished to  the Commission.   This
 tests the capability of the station but  does  not  test  its  actual per-
 formance .
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     It would be better if the Commission's own personnel made frequent
sampling visits to all of its stations, by whomsoever owned and operated,
to provide visual and manual checks.  It may be argued that this would
be expensive.  However, the validity of the entire undertaking and of
all investments in it depend on certain knowledge that the product is
reliable.  Consequently, such costs must be afforded.

     A limitation on the development of the monitoring system along
imaginative lines is the manner in which it is maintained.  ORSAWCO per-
sonnel pay field visits to the robot monitors only infrequently—primarily
when a new monitor is being installed.   This results in something less
than full staff capability with respect to the system.  Commission staff
believes that the maintenance service provided by its private contractor
is satisfactory, and we have no evidence to the contrary.   However,
even if this is true, the contracting out of this work prevents the de-
velopment in Commission staff of the intimate familiarity with the
system necessary to maximize its usefulness and efficiency.

     It is a question whether the annual cost presently incurred for
servicing of the system would be exceeded or reduced by in-house per-
formance of the servicing function.  The field personnel needed for
maintenance could be shared with other  programs.   In this connection,
however, it may be appropriate to observe that the substantial expan-
sion of the monitoring operations and network makes reconsideration
of the contracting out policy imperative.  It would seem to be a general
principle that the larger the system, the more economic in-house per-
formanc e would be.

     Be this as it may, it seems certain that contracting out of main-
tenance of the monitor stations reduces the number of staff members who
understand the system—both in its mechanical aspects and in its actual
and potential uses.  Should the Commission become dissatisfied with its
contractor or wish to develop the system along lines not convenient for
the contractor, the lack of such in-house capability and resources
would be serious.

     One other point needs to be made.   The entire monitoring program
should be reviewed at frequent intervals—perhaps every two years—and
revised as necessary to secure the introduction of relevant new parame-
ters, and perhaps the dropping of some  found insufficiently useful.
Manufacturing, agricultural, and treatment processes,  as well as legal
requirements, change, thus affecting the nature of discharges and run-
off that contribute to stream content.   Also, the state of knowledge
and awareness changes, with the result  that the need to consider the
measurement of new parameters arises.

Spills and Temporary Hazardous Conditions.

     It is sometimes supposed that a stream monitoring system should be
used to detect spills or other occasional discharges of pollutants.  It
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would be adequate for such a purpose only if it  possessed much  greater
coverage than the ORSAWCO system now has or can  reasonably  be expected to
have and if staff members were on duty twenty-four hours a  day,  seven
days a week to read the data received at the Commission office.   It  is
not likely that such an expansion of the program will  occur, nor would
it be merited.

     Most, if not all, spills and accidental discharges of  any  signifi-
cance are reported to the Coast Guard and EPA by those who  cause them.
However, ORSANCO is in a unique position to run  an effective warning
system to advise persons and agencies promptly of conditions needing
attention.  This is true because of its knowledge of the river,  including
flow velocities and location of intakes.

     To run such a program would not require much in the way of resources.
Primarily it would involve publicizing the fact  that the Cincinnati
office of ORSANCO is the appropriate recipient and transmitter  of the
information.  If all involved public agencies agreed,  arrangements could
easily be made or reinstituted for the Commission to relay the  news  to
state, local and federal authorities in positions to do something about
each occurrence.  An additional necessary element is the  furnishing  of
a continuous day and night, every day of the year reception and dis-
patching service for reports and complaints relating to the spills and
other conditions.  The Interstate Sanitation Commission has such a pro-
gram in operation in the tri-state New York Metropolitan Area.   Its
basic ingredients are a twenty-four hour answering service and  a plan
pursuant to which staff members can be reached when the agency's office
is not open for regular business.  Following the receipt  of the first
draft of this report, ORSA1ICO procured a twenty-four hour  answering
service.

     For an interstate area, the performance of such a function by an
interstate agency is particularly useful.  While there are other ways  of
arranging for communications across jurisdictional lines,  they require
the establishment and maintenance of operational relationships  and in-
formational flow along channels not normally employed by the unijuris-
dictional agencies involved.  In an agency whose entire character is
interjurisdictional, the basinwide transmission and coordination of in-
formation could be administered as a normal function rather than as an
extraordinary one.

Stream  Surveys.

     In view  of the masses  of data that  are presumably available to show
what the  condition of the Ohio  is,  it may be difficult to accept the
idea that for many stretches of the river  quality conditions are un-
known.  But as already explained, far from  everything has been measured
and the validity of  some  information that has been reported or deduced
is  subject to question.   The accounts of ever greater quantities of
wastes  being  treated, and plants being  upgraded from primary to  secondary
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 treatment  give the  impression of statistical progress.  But in querying
 both  federal arid  state water quality control personnel, we have "been
 impressed  "by how  infrequently anyone actually gets out on most reaches
 of the river to make informed inspections and samplings of it.

      Neither the  states nor EPA do this on a regular "basis.  Some years
 ago,  ORSANCO attempted to institute a program of surveillance "by "river
 wardens",  but aside from an essentially one-man effort during a single
 summer on  the West Virginia portion of the river system, this type of
 effort received no  support from the states.  This record is no worse
 than  on most other  streams, but it should not instill confidence in
 categorical conclusions as to the quality of the water.

      The closest present approach to the gathering of comprehensive in-
 formation, including much needed biological data and other data not capable
 of being supplied by robots, is the periodic (once a month or less fre-
 quent) taking of grab samples at a relatively few fixed stations or
 check points.  Failure to do more is generally ascribed to cost and
 shortage of personnel.  But with a truly coordinated approach, periodic
 intensive  samplings of the Ohio throughout its entire length could
 be undertaken.  A successful program of this kind has been in effect in
 the Interstate Sanitation District (Hew York, New Jersey and Connecticut)
 for some years.  In that instance, the interstate agency itself charters
 the boats  used in the collection of samples and does the on-board and
 laboratory analyses with its own personnel—some of whom are college
 students hired at relatively modest cost as temporary help during vaca-
 tion  periods.  Because of the much larger area involved and ORSANCO's
 lack  of field staff, the conduct of intensive stream surveys on the Ohio
 probably should follow a different organizational pattern.

      If the project were given a sufficient priority for the relatively
 brief periods required for a survey,  the states probably could detail
 enough personnel to take the samples  and analyze them.  Boats already
 owned by state and federal agencies could be used and when necessary,
 supplemented by private craft hired for a day or two.  ORSANCO could de-
 velop the  program, coordinate its operation and compile and evaluate
 the data.

      With  automatic monitoring and surveys to complement each other,
 a complete and accurate view of quality conditions on the water-
 way could be obtained and kept current enough to provide a solid basis
 for the sophisticated planning,  operational and policy processes that
 should go  into good river management.   In making this suggestion we wish
 to emphasize that the purpose of the  ORSABFCO data gathering and analysis
 program should not be surveillance in the direct enforcement sense.
 Rather, it should be to establish a reliable basis of factual information
 for a variety of planning and policy  decisions which must be made by the
 Federal Government, the states,  and in some instances, the local govern-
ments and private entities.   For these purposes several days of actual
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thorough and accurate knowledge of the river gained from intensive  surveys
using boats and analyses of samples could be more valuable than continuous
data of a more limited character.

Data Processing, Evaluation and Dissemination.

     We have underscored the purposes for which ORSANCO should  collect,
analyze and disseminate data.  Such emphasis is ours.   In recent years,
ORSANCO has seemed to gather, process and make  available data in accord-
ance with a program that has become established and that continues  in
its present pattern largely because previously accepted.

     ORSANCO has elected to make its information available principally
in the form of its monthly publication called "Monitor".  Much briefer
and more generalized versions find their way into the Commission's  annual
reports, and so perhaps to a limited circle of the public.  The assump-
tion appears to be that the recipient will make whatever use of the data
suits his purpose.  The unspoken proposition is that if presented with
as much information as is available about the quality of the Ohio,  who-
ever may have responsibilities or concerns will pick what he needs to
know and then act on it.  It may be that this occurs in many instances.
However, our inquiries during the course of this study have made it
difficult for us to be confident of the extent to which this thesis is
demonstrable.

     Some of the  state water quality  control personnel with whom we have
talked  say  that they pass ORSANCO data along to the members of their
 staffs, but they  have been  unable to  offer  any  specific account of what
happens to  it thereafter.   Others have emphasized the  availability of
ORSANCO data but  have been  vague in  identifying the manner of  its use.
 In still  other  instances,  possible users  other  than the ones directly
 in the  ORSANCO  family  have  merely received  information from their colleagues
 in the  state  agencies  or from  EPA but have  not  known  its  source and  so
 could  not  say whether  or how much of what they received came from ORSANCO.

      The  monitoring system and its  associated  data processing  and evalu-
 ation activities  would serve better  if they were conceived as  more than
 the assembly and  analysis of data for whatever uses others might in-
 tend and  devise.   From the picture of the river that  the programs here
 suggested could provide, and from the water quality objectives for the
 several water uses that a proper planning process would identify,  ORSANCO
 staff could examine its continuously collected data to determine immediately
 whether stream quality requirements are  being met.  With proper program-
 ming, this can be done automatically.  Any untoward circumstances  could
 be called to the attention of the appropriate state,  federal or local
 operating and regulatory authorities immediately and accompanied by re-
 quests that the situation be investigated and remedial action initiated.
 If choices must be made, it is more  important to perform such specific
 services for a limited  number of purposes known to be useful than to
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offer up a wider range of analyses for general  information.   Perhaps
consideration should be given to the use of teletype to  furnish a limited
amount of data to the State Water Pollution Control Agencies  on a daily
basis.

     The storage of ORSANCO data can present a  growing problem.   As the
years go by, the tapes and analyses produced by the monitoring system
accumulate.  Some, if not all, of this storehouse of information is
valuable for purposes of historic record, but its storage,  servicing
and retreival must result in ever increasing expense as  the volume grows.
It must be decided whether ORSANCO is to be the only or  principal data
bank for the Ohio or whether its function is to be more  limited.   If  ar-
rangements are completed and actually made operational for  EPA's Storet
to become the master data bank, there will be no need for ORSAWCO to
serve this purpose.  However, long range records and rapid  access to
current data are not necessarily served in the  same way. It  is therefore
important that ORSANCO maintain current data from its gathering and
analytical operations.  Perhaps full information for a year or two,
eventually backed by the historic files in the  Storet system, could
provide a nonduplicative balance that would serve the widest  range of
needs.  Additionally, it may be necessary for ORSANCO to keep perma-
nent files for types of data not accepted by Storet.

     State and federal agencies also should make their contributions  to
the ORSANCO data collection system.  This should be more than the present  -
participation in the robot monitoring program.   The results of monthly
or other periodic manual samplings, for example, should  be  reported
regularly and immediately to ORSANCO and worked into the information
sy st em.

Stream Modeling.

     A predictable development from the present ORSANCO  monitoring pro-
gram has been its entry into the field of stream modeling.  Mathematical
models, if they can be properly formulated and  validated,  are useful  tools
in planning for river management.  Predictions  can be made  having a
variety of uses.  To give one illustration—-in  areas where  there is or
may be need to limit the waste burden to be borne by particular receiving
waters, it becomes essential to determine permissible waste loadings.  In
the immediate sense, any limitations which are  to be prescribed must  be
made specific so that they can be written as conditions  of permits issued
pursuant to the Federal Water Pollution Control Act's National Pollutant
Discharge Elimination System  (NPDES).  In the absence of reliable infor-
mation as to how given waste loadings will affect the condition of a  stream,
it becomes difficult if not impossible to write satisfactory requirements.

     As pressures on streams  intensify,  it may become increasingly neces-
sary not only to determine equities among individual water users and waste
dischargers but to make equitable allocations for stretches of rivers or
for state portions of basins.  Ultimately, what municipal and industrial
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dischargers within one state may "be permitted to put into  the  river may
depend on establishing its probable effect on downstream conditions.
It is not enough to say that a given action will make conditions  better
or worse.  Specific effects on temperature, dissolved oxygen,  nutrient
content, toxic conditions, and many other qualities must be known for
significant distances downstream, and in some instances possibly  for the
river or the river system as a whole.  The agency which gathers and
analyzes stream data is in the best position to do the modeling.   In a
basin like the Ohio no single stare can do the job.  ORSANCO has  a
jurisdiction coterminous with the Basin and so can fit the pieces to-
gether .

     ORSAUCO has already entered upon this type of activity.  To  date
it has produced a model for the main stem and additional models for
selected parameters.  Expansion and refinement of the models for  the
main stem for additional parameters and extension to tributaries  is
needed.   In this connection, it should be emphasized that  the  utiliza-
tion of stream models has at least two aspects.  There must be enough of
a data base on which to construct a valid model, and it must be checked
against conditions in the stream as they are actually found to be. Fre-
quent checks, and prompt revisions whenever necessary, are required be-
cause of the dynamic nature of the river system.  Only in  this way can it
be determined whether the model is reliable and whether its projections
result in accurate predictions of the effects of the introduction of
specified changes in waste loading, flow control, natural  conditions
or other factors.

Planning.

     Management of water quality is one highly important aspect of the
management of the water resources of the Ohio River system. Moreover,
it is not done for its own sake.  Rather, the objective is to  contrib-
ute to the usefulness of the Basin's waters for a variety  of legitimate
purposes.  These waters must serve the needs of municipal  and  domestic
water supply, industrial water supply for both processing  and  cooling
purposes, agriculture, recreation, aesthetic enjoyment, mining, energy
production, fisheries and navigation.  Quality is an important element
in most if not all of these uses.

     It must be borne in mind that the ultimate objective  is to pro-
vide for the needs of the Basin population and to contribute to the
strength and well-being of the nation.  Accordingly, water quality manage-
ment must be responsive to local, state, regional and national needs.
Of course, ORSANCO does not play a central role in fixing  those needs or
in deciding the balance of priorities among them.  Nevertheless,  it
should be a responsibility of a regional and basinwide interstate agency
to identify the opportunities and constraints which water  quality con-
siderations in the Ohio River Basin place on the satisfaction  of  these
several kinds of needs.  It is also important to point out on  a con-
tinuing basis the probable effects on water quality of alternative
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balances in vater uses.   In order to be of real help to federal and state
authorities with power over the Basin and its resources, such identifications
and analyses must be in specific terms related directly to the Ohio and
its entire region.

     Comprehensive planning of water and related resources is in the
hands of other agencies, but this does not relieve ORSAHCO from the need
to have and exercise a planning capability.   At a minimum, it must  be
able to understand, make contributions to, and relate its own activities
to the larger context of regional needs and values.   But more than  this,
planning is a necessary tool in designing and adapting the other programs
of the agency.  In particular, the shape of the monitoring system should
be made to depend on these present and projected needs in the water
quality area.

     Further illustrations of the point may be gathered from the expanded
stream modeling and waste loading allocation activities in which ORSANCO
should engage or participate.  Such activities and allocations are  in
aid of the public objectives which can be identified by participation in
regional planning undertakings.

     Planning of the types that could benefit from or be affected by
ORSANCO participation is done under many different auspices and within
several frameworks.  For present purposes, they may be identified as
those emanating from the provisions of the Federal Water Pollution  Control
Act and those resulting from a multitude of other activities of the
state and federal governments.

     Section 209 of the Federal Act directs that Level B plans pursuant
to the Water Resources Planning Act of 1965 be completed for all river
basins in the country by 1980.  It was recognized that in order to  make
many of the decisions which contribute to proper water quality standards,
waste treatment and disposal methods and the quality factors in water
use, it would be desirable to have an available context of comprehensive
''Level B" basin plans.  The statute provides for these to be done by or
under the auspices of the Water Resources Council established by the
Water Resources Planning Act.  Since the Ohio River Basin Commission is
a regional agency established under Title 2 of the Water Resources  Plan-
ning Act, and is composed of both federal and state representatives, it
may be appropriate to suppose that ORBC will be a likely candidate  for
any Section 209 planning undertakings on the Ohio.  However, ORSANCO is
also represented on ORBC as a matter of right under the Water Resources
Planning Act.  Accordingly, it would seem fitting that ORSANCO should
supply the water quality ingredient in Section 209 planning as well as
in other planning efforts of the Ohio River Basin Commission.

     As a condition of their participation in key programs under the
Federal Water Pollution Control Act, states are also to have "continuous
planning processes" (Section 303 (e)).  These include water quality
related planning activities for all navigable waters.  In the case  of
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interstate water "bodies,  however,  there is a specific  requirement that
the continuous planning process provide for cooperation with the other
states involved.  Indeed, it is extremely unlikely that any state could
do effective water quality and related planning for common waters,  without
intimate reference to and coordination with the plans  of the other  juris-
dictions.  On the Ohio, the problem appears in two forms.  Throughout
almost all of its length, the main stem is a "boundary  river.  For  some
TOO miles Kentucky owns to the opposite shore, but it  does not control
the policies or practices of land use or waste treatment and disposal
in the neighboring states.  West Virginia and Ohio also share a 225 mile
length of the river between them.   There is further the upstream-down-
stream relationship among states on the main stem and  a number of  the
more important tributaries.

     Because of these circumstances, it seems appropriate that ORSAWCO
should be used as an express part of each Basin state's planning process
for performance of its 303  (e) responsibilities with reference to  the
Ohio.

     Finally, there is areawide waste treatment management planning
pursuant to Section 208.  Some of the Ohio Basin States have already
designated areas within which  such planning is to be done and others,
notably Virginia and New York, may not have areas likely to be designated
under Section 208 in the Ohio.  For those localities where 208 plan-
ning will begin in 1975, it may be unrealistic to consider any significant
ORSANCO role.  However, for future 208 areas, ORSMCO might well have
a part to play.  In all probability, it would not be as the agency to
have principal responsibility  for preparing the areawide waste treat-
ment management plan.  The  number of such  involvements might become too
large to permit this,  even  if  it were desirable.  However, the inter-
state agency might well be  a participant.   Its data and  analyses could
be  directly relevant.  Furthermore, in interstate metropolitan areas,
the concerns of the  states  and of EPA that  there be interjurisdictional
coordination could give  an  ORSAWCO presence  special merit.

     A wide variety  of other planning  activities are constantly in pro-
gress.   These are conducted by comprehensive  state planning agencies,
by  agencies of  the Federal  Government  and  by  two federal-interstate com-
missions—The Ohio River  Basin Commission  and the Appalachian Regional
Commission.  Also, a multitude of  substate regional planning bodies
concentrate on  problems  of a more  local  character, frequently but not
always  centered on a metropolitan  area.

      Except  in  the case  of ORBC,  and  perhaps  ARC,  the  relationship of
ORSAWCO to these planning activities  is  likely to  be  indirect or
occasional.   It should stem from  the  obvious  fact  that water  quality
 is  an important ingredient in virtually  every use  of  water and  so be-
comes a consideration  in planning for recreational development, industrial
 growth,  residential  concentrations,  and  many other types of activity.
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 Water  Quality  Standards.

     The making of water quality standards is part way between the plan-
 ning process and the taking of enforcement action.  Effluent standards
 (called "effluent limitations" in the Federal Act) are directly regulatory
 in that they set the permissible limits for discharges of pollutants.
 Receiving water standards are geared to uses and cleanliness objectives
 for the streams in question.  There should be a relationship between
 the two kinds  of standards, but the degree to which this is so in particu-
 lar instances  must depend in significant measure on the accuracy and
 completeness of knowledge of the stream, including its hydrologic and
 purification characteristics.

     The Federal Act recognizes such a relationship by providing for
 identification of particular stretches of a waterway as "water quality
 limited segments";  in such stretches, waste loading allocations are
 necessary in order to reach or maintain the applicable stream standards.
 However, the basic objectives of the statute are to place and maintain
 all waters in  such condition as will support the propagation of fish
 life and recreational activity.  The Ohio does not now have as many
 water  quality  limited segments as it may in the future.  Changes will
 occur  from time to time as additional parameters are measured;  as know-
 ledge  of the actual condition of the river becomes more complete;  and
 as the pressures of population and industrial activity increase.

     The ORSANCO Compact contains minimum effluent standards in express
 language, but  they are only partial and outdated.  Of more present day
 importance is  the companion provision which permits the Commission to
 make additional standards administratively.  In its early years, ORSANCO
 was active in  doing so.  However, since the advent of the Federal Water
 Quality Act of 1965,  this function has tended to atrophy.

     That statute provided for the first time a procedure under which
 the states were to submit "water quality criteria" (in reality, standards)
 to the Federal Water  Quality Control Administration.   Upon approval,
 these  standards became effective under the Act.   Although other standards
 probably continued to be enforceable, if embodied in or authorized by
 state law, the emphasis shifted to the federal-state standards making
 process and to the requirements in force pursuant to it.

     In 1966, at the  behest of a number of its state water pollution
 control agency representatives, ORSANCO discontinued its fledgling interest
 in setting standards  within the framework of the Water Quality Act.   So
 far as stream  standards are concerned, the 1972 Act continues the system
 established by the earlier statute.   Federal effluent limitations are
 generally pegged at a minimum of secondary treatment  and "best practicable
treatment" for industrial discharges.   The specific limitations applicable
to individual polluters are intended to be found in their discharge per-
mits,  issued either by EPA or by a state having an approved permit system.
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     Thus, despite some standards making action In 1970,  ORSA1TCO  is  not
now a major participant in the standards area.   Its position  is due  to a
self denying ordinance prompted by the 1966 attitude of some  of the  member
states.  However, this is a matter of policy and not an inevitable result
of either existing federal or state law.  The compact provision empowering
ORSANCO to make water quality standards administratively Is part  of  the
laws of each member state.  Moreover, Section 510 of the Federal  Water
Pollution Control Act Amendments of 1972 allows state or interstate
agencies to make and enforce standards equal to or more stringent than
those in force pursuant to the Federal Act.  Accordingly, ORSANG0 action
is not preempted.  Of course, as a practical matter, it depends on the
willingness of the member states to accord the interstate agency  a role
and on the attitude of EPA.

     Under Article VI of the compact, ORSANCO is specifically given  only
the power to adopt effluent standards for sewage and industrial wastes.
However, because as already explained, receiving water standards  are plan-
ning tools rather than requirements that can be directly enforced against
waste dischargers, the Commission should not consider itself unable  to
participate in the important tasks of formulating and coordinating stream
standards.

     The monitoring and planning activities which ORSAITCO should count
among  its most important tasks have a direct bearing on  standards making.
Information about  stream conditions is useless unless it is put to work.
Planning  cannot  be done in a vacuum or without relation  to the water
quality that  should be produced and maintained by the actions recommended
as a result of the planning process.

     Moreover, the first premise on which the  existence  of ORSANCO rests
is that  intergovernmental  coordination  is necessary for  a basin jurisdic-
tionally  divided among eight  states.  Coordination  among the jurisdictions
in the making of stream  standards  is  one of  the most clearly interstate
problems  in the  Ohio  Basin.   The boundary character of the main river and
the basinwide influence  of some pollutants make  it  essential that some
entity see that  the  standards  for  the Basin  fit together so that the water
quality  requirements  and  goals which  each  jurisdiction  seeks to  implement
are  compatible with  those of  the  other  states  sharing  the  river  system.
The  efforts of one state  to  achieve  a given  stream quality condition can
be vitiated,  or  at the very least  seriously  Impeded,  if  the neighbor
across the way or upstream is promoting an  inconsistent  course.  While
 some discharges  upstream are  so  diffused or  diminished  as  the river flows
that  they have little consequence in downstream states,  other discharges
may have an  influence over hundreds  of  miles.   (Examples are mine acid
 and  salt discharges.)

      Of course,  standards need not be uniform throughout the Ohio Basin,
 The  varying uses to  which the waters are put and differences in  subregional
 priorities can legitimately call for variations.   However, the several
 sets of state standards  must be able to coexist.   At a minimum,  one must
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not interfere with the attainment of the others;  more positively, it is
desirable that each set of standards assist in the attainment of the
others.

     This kind of coordination can be secured only by ORSANCO or EPA.
But the latter, perhaps not less than the several states, lacks a
mechanism.  The Ohio Basin lies in four EPA regions, each with significant
measure of autonomy in reviewing and passing upon state submissions under
Section 303 of the Federal Act.  On the other hand, ORSANCO is a single
agency with basinwide jurisdiction and responsibilities in the field of
wat er quality.

     Such a coordinative role would not invade the prerogatives of either
the states or EPA.  The individual states have the final responsibility
for such submissions as they make under Section 303 and ORSANCO has no
power to compel changes in them, either prior to or after submission.
EPA has the authority to approve or disapprove under the Federal Act, and
no authority conveyed by the compact could possibly abridge the rights
exercised by EPA pursuant to the federal statute.

     The function as here envisaged would be that of providing a forum
for discussion and of encouraging and participating in the negotiations
among the states.  Also included should be comparative analyses of the
stream standards, both actual and proposed, and of EPA requirements.   The
results of such analyses should be presented to the states and EPA as
inputs to the coordination process.

     What has so far been said leaves to one side the question of whether
ORSANCO should itself make stream standards for submission and approval
by EPA pursuant to Section 303 of the Federal Act.  Of course, it would
be inappropriate for this to be done, if the states were also to submit
standards covering the same waters.  However, there are two other alter-
natives which could be considered.  One would be for the states of the
Basin to relinquish to ORSANCO the task of developing standards for
waters of the Ohio River and other interstate streams in the Basin.  A
more likely approach would be for ORSANCO to participate actively in
the formulation and revision of standards for the several segments of
the river system and to have each state incorporate the results in its
own standards.   Under such an arrangement, each state would continue  to
submit its own standards separately.   However, coordination could
nevertheless be achieved.

     The remaining question is whether ORSANCO should avail itself of
the invitation extended by Section 510 of the Federal Act and make
standards equal to or more stringent  than those in force pursuant to
Public Law 92-500.  Such a course might be especially worth considering
if, as presently seems to be the case,  effluent limitations and require-
ments developed by EPA on an industry by industry basis are only for  a
limited number of parameters and do not include some which are impor-
tant to the welfare of the Ohio.

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     It should also be considered that,  if,  as subsequent  discussion in
this chapter suggests, ORSAWCO should have some part in the enforcement
process even if only on a standby basis, the interstate agency must  adopt
standards and requirements of its own to enforce,  including effluent
limitations.  The compact does not authorize ORSANCO to enforce standards
or requirements made by the member states or by U.S. EPA.   Further,  it
is an accepted principle of lav that a jurisdiction can enforce only its
own laws.  Accordingly, if ORSAWCO is to be  in a position  to take abate-
ment action against individual polluters, it must  have standards and
requirements of its own, even if these are identical with  those of the
member states or EPA.

Enfore ement.

     While "natural pollution" is sometimes  responsible for poor stream
quality, it is generally true that the failure of  a waterway to be in
suitable condition is due to pollutant discharges  or nonpoint runoff
incident to various kinds of human activity.  Pollutants are introduced
into a stream by effluent from identifiable  point  sources  such as munic-
ipal collection and waste treatment systems  and manufacturing facilities.
On a river heavily used as a highway of commerce,  pollution also results
from navigational activities.  Nonpoint sources, such as runoff from farm-
land or city streets, is also a major contributor  to the burdens which
streams carry.  These latter sources present a special set of problems
which are not readily susceptible of approach by traditional enforcement
methods.  In this discussion, as in most considerations of enforcement,
the focus of attention is the prevention or  abatement of substandard
discharges from point sources.

     The ORSAWCO Compact clearly contemplates a role for the interstate
agency in this type of activity.  The compact empowers the Commission to
make and enforce water quality standards and effluent limitations.  It
provides for public hearings, administrative orders and court actions
which can be taken against polluters.

     ORSAWCO has not engaged in such activities to any great extent  at
any time during its quarter century of operation.   With the single ex-
ception of the Detroit Steel Case, now in the courts, the  Commission
has undertaken only to participate with one  or another of  the states in
negotiating sessions that might have led to  formal enforcement proceed-
ings.  The instances have involved a few small or  medium-sized com-
munities.  In no instances have the pollution problems of  any of the
major metropolitan areas in the Basin been involved.  On each occasion,
the case was "given over" to ORSAWCO by the  state  water pollution
control agency which believed that the additional  pressure that the
interstate agency's appearance might bring would be helpful.  There  is
some opinion that it has been, but the number of cases involved is
not large enough to provide a firm basis for any generalized conclusions.
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      The advent of the Federal  Water Pollution Control  Act Amendments  of
 1972 is regarded by EPA as presaging a basic  change  in  enforcement methods.
 Under Section h02 of the statute,  each point  source  discharger  to navigable
 receiving waters (whether municipal, industrial,  or  agricultural) is re-
 quired to have a National Pollutant  Discharge Elimination System permit,
 either from EPA or from the state  if it has established an EPA  approved
 permit system.   These permits contain conditions  governing the  discharges
 and can include limitations on  both  the volume and content of effluents.
 Failure to have a permit makes  the discharge  unlawful.   Violation of
 permit terms is ground for revocation and  so  will ostensibly end the
 discharger's right to put anything into the stream.  The permits are now
 being processed.   Most if not all  of the ORSANCO  states have either
 placed NPDES permit systems in  operation or are preparing to do so.

      If the permit system is assiduously applied  and rigorously administered,
 it  will offer a complete method of control over point source discharges
 and so will make  any other means, of  enforcement superfluous.  It is still
 too early to tell whether the system will actually work that way.  However,
 in  view of the  minor role which ORSANCO has until now played in enforce-
 ment  proceedings,  and because the  Commission  could make substantial con-
 tributions in a number of other fields,  it does not seem wise for ORSAWCO
 to  plan on channeling any significant  portion  of  its limited resources
 into  abatement  actions.   On the other  hand, there would be little point
 to  the taking of  affirmative steps to  amend the present  enforcement powers
 out of the compact.   Instead, they should remain  as standby authority
 which can be used  if other means of  enforcement fail or  appear incon-
 venient  or Impolitic.

      In  this connection,  it is once  again to be observed that Section 510
 of  the Federal  Water  Pollution Control Act expressly contemplates the
 possibility that  states  or  interstate  agencies may have  effluent limitations
 equal  to  or more  stringent  than those  in force pursuant to the federal
 statute.   Section  510  declares that the  state or interstate agency may
 enforce  any such limitations.  Accordingly, there can be no question of
 federal  preemption which would bar an  enforcement role  for ORBANCO in
 any instance where  special  circumstances may make this useful.

     However, the bringing  of abatement proceedings is not the only
 activity  directly useful for enforcement.  At  least two services which
 ORSANCO can  or  should be able to render In unique fashion would be
 valuable.

     The  first would be a proper outgrowth of  the monitoring and related
 analytical programs.  It consists of  the offering of expert  testimony
 and assistance.  The exact extent of  such service would depend on  the
 degree to which the ORSANCO programs, designed to gain thorough  and
reliable  information concerning  river conditions and their conseauences,
are bolstered.

     In a narrow sense, it may be enough for a permit or abatement pro-
ceeding that violation of effluent  limitations is  proved. Nevertheless,
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it often "becomes necessary in court actions to  demonstrate  the  harmful
consequences of what the polluter is doing and  to supply a  suitable
"background of information relating to the condition of the  stream and
its availability or lack of utility for particular uses. ORSANCO
staff could appear as expert witnesses to testify to stream conditions
and related matters.

     Another kind of service that ORSAWCO is particularly suited to  per-
form is an extension of its interstate forum function.  This has been
developed in the sanitary engineering aspect of pollution control because
the Engineering Committee of the Commission is  composed of  technical
personnel from the water quality agencies of the member states, from EPA,
and from the Corps.  It is suggested that consideration "be  given to
establishment of a Legal Review Committee composed of lawyers who serve
the enforcement agencies of the member states.   This would offer a forum
for discussion of common problems  in the compact district and how they
might best be resolved.  One legal matter that could claim attention is
agreement on a common definition of what constitutes an abandoned mine;
variations of definition among the  states  (or no definition at all in
some cases) hardly provides a satisfactory basis for adoption of inter-
state control measures  for acid discharges from  so-called abandoned mine
workings.  Likewise  there  is use for  illumination of the legal framework
on which to build  effective regulation of  subsurface disposal facilities;
this was pointed out several years  ago in  a consultant's report to the
Commission on  issues to be faced with respect to underground injection of
waste waters.

     A  continuing  function for  such a committee  could be periodic dis-
cussions of  enforcement proceedings of common  interest.  These could
 involve either  specific situations in geographic  areas  of  interstate
concern or proceedings  from  which  something could  be  learned because of
techniques used or problems  involved.

 Certification,  Reports, and  Compliance Monitoring.

      There  are a number of regulatory activities which in  one  way or
 another have a bearing on enforcement.   OR5A1JCO  might be better  able to
 participate in some of them than in others.  Whether  and to what extent
 it should become involved is a  matter of policy  as well as of  capability.
 For the most part, if  not entirely, these activities  are among the  normal
 state responsibilities, either  because placed  there by the Federal  Water
 Pollution Control Act  or because they contribute to the effectiveness  of
 state water quality management  programs.
      Section Uoi of the Federal Act provides for the certification by
 states, and where appropriate by interstate agencies, of the probable
 effects of specific discharges on water quality conditions.  This is a
 part of the permit process employed by EPA and states in implementing
 1IPDES.  Of course, if the state itself administers the permit system,
 it need not make a certification but will merely ascertain and consider
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the probable effect of a discharge for which an applicant seeks a permit.
If EPA  issues the permits in a particular state, the Act gives the state
the right to certify and would appear to require EPA to deny the permit,
if the  certification is adverse.

     There is no express provision of the compact which empowers ORSANCO
to give certifications such as those contemplated by the Federal Act.
On the  other hand, there is nothing in the compact which would inhibit
it.  Since a certification is essentially a statement setting forth the
conclusions of a water pollution control agency on the probable effects
of a discharge, the more relevant inquiry would seem to be whether ORSANCO
is or should be in a position to make the analysis required to present a
competent opinion.  In some ways, ORSANCO is ideally suited for such a
role because it, better than any other agency, is in a position to
assess probable effects on waters in other state segments of the Basin,
as well as on waters in the immediate vicinity of the proposed point of
discharge.

     However, it would riot be desirable for ORSANCO to undertake partici-
pation  in the certification process if that would mean a second certifica-
tion for any discharge in the Basin.   Abandonment of the certification
function by states in the Ohio Basin does not seem likely.   Accordingly,
it seems more appropriate for ORSANCO and its member states to think in
terms of what contributions the interstate agency could make to the infor-
mation and analyses on the basis of which judgments are made concerning
probable effects on water quality.

     Such contributions could be substantial and should serve a purpose
whether the states are merely making certifications to EPA or whether
they are themselves administering the permit programs.  Before evaluating
permit applications, states should query ORSANCO to whatever extent the
character and content of the interstate agency's stream quality information
and evaluation programs make it likely that either a data or analytical
input can be supplied.   The state water pollution control agency also
should solicit ORSANCO comments on permit applications covering discharges
which will have interstate effects.   If this practice were  regularized, it
would not be a complete departure from present practice.  Even now, ORSANCO
reviews some permit applications.

     Information also can be supplied to the states and EPA through reports
having particular relevance for regulatory activities.  ORSANCO has had
such a procedure in its status reports on control facilities.   Rather than
being reports from the interstate agency, they have been reports to it
of the status of abatement undertakings.   Generally speaking,  there have
been periodic reports on the construction of facilities designed to remove
violations or otherwise to improve water quality.   The member  states have
undertaken to make these reports concerning activities wichin  their own
boundaries.   When staff capabilities  have allowed, ORSANCO  has reviewed
these reports and conferred with each state about them.   The very knowledge
that such reports will  be expected, and discussions of what  they show, can
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have a salutary effect in promoting accountability among the  individual
state agencies with respect to their problems.   It can also provide the
basis for ORSANCO reports to other Basin states on how their  neighbors
are doing in meeting some of the obligations which they have  under the
compact.

     For these reasons we have been disappointed to learn  that  these
status reports have not been regularly solicited, furnished  and reviewed
in recent times.  In view of ORSANCO's presently limited  staff  complement
and the internal problems with which the agency has had to cope for
several years past, this situation is understandable,  However, appropriate
administration of a status report activity, accompanied by regular  con-
versations on progress or the lack thereof, would be useful.

     Section 305  (b) of the Federal Act calls for another kind of status
report to be made on an annual basis.  States are to inform the EPA
Administrator concerning quality conditions of their waters, to report on
the  extent to which applicable  stream standards are being met,  and to
assess the costs  and  effects of meeting or not meeting them.  Assuming^that
ORSAUCO's monitoring  program and other data gathering and analysis activ-
ities recommended in  these  pages are properly developed and maintained,
the  interstate  agency should take  over the responsibility for making at
least the Ohio  River  portion of each state report required by Section 305,
or  could provide  substantial  input to aid  in its  preparation.  Likewise,
ORSAWCO  could be  clothed with  similar responsibilities for interstate
tributary streams such as  the Allegheny, Monongahela, Mahoning-Beaver,
and the  Wabash  rivers.

      Specific  information  as  to how individual  waste dischargers are
performing  is  another aspect  of reporting.   The states have  the bulk of
the responsibility for this kind  of activity.   The  eight  ORSAECO member_
 jurisdictions have performed inspections and other  surveillance activities
 only in  part.   While  all the states have programs calling for  inspection
 and sampling of municipal  and industrial treatment  facilities,  and some
 have more  complete and frequent coverage than  others,  in  practice inspec-
 tions of such plants  as are visited occur, on  the average,  hardly more
 often than  once a year.  Shortage of personnel is generally offered as
 the reason  for deficiencies in this kind of surveillance  activity.

      ORSANCO has never undertaken to do plant  inspections and  sampling.
 To do so throughout the Basin, or even for waters on and  directly affecting
 the main stem would require a very large  staff.  Such inspections, with
 attendant sampling and analysis,   should be vigorously carried  forward.
 However, there would be little advantage in relying on ORSAWCO for this
 kind of work.  The interstate agency might be justified  in performing it
 on  some occasions, especially where there is an aggravated interstate
 pollution problem and where each  state would want to know from an impartial
 source what the  character  of discharges and treatment within the neighbor-
 ing jurisdiction's territory actually is.   However, ORSAUCO has no present
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capability along these lines and no resources with which to institute a
plant inspection and sampling program.  Since the need is at least equally
great for the individual states to increase their inspection and related
activities, it seems best to advocate strengthened performance by the
states.  Toward this end ORSANCO should complete a manual relating to
uniform procedures for plant inspections and audit on which the staff
and the Engineering Committee have already been at work.

     Under the 1972 Federal Act, the inspectorial function and other
methods for ascertaining the conduct of individual waste dischargers is
conceived as "compliance monitoring".  In the terms of the Act, the
objective is to determine whether permit holders are living up to the
requirements of their permits.  Much of the reliance is on reports to be
submitted by the dischargers concerning their own activities and on self
monitoring to supply the data which go into the reports.  It is most
appropriate for the permit issuers to receive this information.  Of course,
the validation of the information thus supplied will be a key to the
success of the permit approach.  However, for the reasons already indicated,
it does not seem that ORSAMCO is a likely participant in compliance moni-
toring, except in one way.

     Earlier in this chapter, it was suggested that ORSAWCO should not be
a data collector and receptacle only, but that it should take an active
role in calling some of the current information yielded by its monitoring
program to the attention of the state agencies.  To the extent that sudden
changes in stream quality or evidence of generally deteriorating conditions
in a particular area may signal behavior requiring inspection or other direct
surveillance action, ORSAUCO could be of great assistance.  However, this
could be the case only if ORSAWCO undertook a more frequent data distri-
bution than the monthly ''Monitor1' and if items having specific meaning
for a particular state agency or EPA were called directly and pointedly to
its attention as soon as observed.

River Management.

     If no flow control structures had ever been built on the Ohio River
and its tributaries, one of the important influences on water quality would
have been variations in flow caused by seasonal factors, periods of high
precipitation and droughts.  These considerations continue to be signif-
icant, but their consequences are now much more subject to control than
would otherwise have been the case.

     Today the river is managed, but primarily for navigation and flood
amelioration.   The heavy investments in water transport and the reliance
of the population on existing flood protection structures makes it certain
that these objectives of management will continue to dominate.  Never-
theless, there is still likely to be a significant measure of flexibility
in the volumes and timing of storage and releases.  Some thought has al-
ready been given to the operation of the flow regulation facilities for
water quality purposes, within the framework of the navigation and flood
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control programs.   The Corps does  make analyses  of its  projects  for multi-
purpose operations and cost-benefit justification.  Some  proposals are
set forth on page  7 of the 1966 annual report  of ORSANCO.   More  should
be done along these lines.

     Active and continued cooperation among ORSA1ICO,  EPA,  and the Corps
of Engineers should be the keystone of river management for water
quality purposes.   This is another aspect of river management which
cannot be undertaken on a local basis or even  in state  segments  of the
river system.  ORSANCO and the Corps already have something of an in-
vestment in such a program.

     The Corps purchased and installed robot monitors on the Allegheny  in
order to facilitate operation of its installations at and near the
Pennsylvania-New York border for water quality management benefits.   The
equipment has now been given over to ORSANCO to  operate under contract.
However, unless a specific river quality management program is developed,
it is likely that the result will be only to expand the geographic
coverage of the present data collection and analysis activities.

     The Corps and the states in other regions already have some experience
in cooperative control of stream flow regimen  for multiple purposes.
Notably, the program of annual scheduling of releases on the Missouri
has been in effect for many years and has helped to ameliorate conflicts
among water uses in the several parts of that  basin, as well as  to  provide
the operating procedures for both Corps and Bureau of Reclamation in-
stallations in the Missouri.

     The purposes and methodology would not be the same as in the Missouri
Basin.  The principal source of managed stream flow there is the annually
accumulated snow pack which presents a known quantity by early Spring
which can then be scheduled as to storage and releases for the balance of
the year.  In the Ohio Basin, the water comes primarily from rainfall
which occurs throughout the year and which therefore cannot be accurately
scheduled for flow management months in advance.  Nevertheless,  the
Missouri experience is suggestive and might be drawn upon to create a
cooperative flow management program that would provide a mechanism for
incorporating water quality considerations.

     The ORSANCO  stream monitoring program puts the interstate agency
in the  logical position to  guide the correlation  of flow releases.   It
better  than any other agency knows, or  should know, the quality condition
of the  entire river system  on a continuing basis.  It, better than any
other agency, could calculate the relationships between releases, with-
drawals and  storage in the  several portions of the Basin and the values
of both long range and individual  instance management  of the regimen of
stream  flow.

      Indeed, the  possibilities are larger than mere management  of releases.
Some  of the  Corps dams and  private utility  installations are operated

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 for  purposes of power generation, as well as navigation and flood control.
 In the past, ORSAUCO has made  suggestions which have led to operation of
 these facilities  in ways that  improve water Quality.  For example, at
 ORSANCO's request, some of the power producers have bled oxygen into
 their discharges  and releases  and so have achieved improved river quality
 conditions  for this parameter.  This experience suggests that proper
 exercise of ingenuity, under ORSANCO leadership, could result in a variety
 of measures that  would improve the quality of the river in connection
 with the operation of programs for stream flow management.

 Interstate  Investigations and  Coordination.

     On some parts of the Ohio, its interstate character is more apparent
 and  undoubtedly more real than on others.  The main stem is a boundary
 between states and also between Regions 3, ^ and 5 of EPA.  Each of these
 entities has decision making powers, operational activities, or both which
 can  result  either in compatible administration of the Basin's waters or
 which can produce troublesome  inconsistencies and conflicts.  The list
 of possible sources of incongruity could be extended at greater length
 than will be attempted here.  Eowever, a few illustrations will serve to
 indicate the nature of the problems and the services which ORSANCO could
 provide.

     Under  the Federal Water Pollution Control Act, each state assigns
 priorities  for applications made by its community sewage treatment
 systems for construction grants.   It should normally be presumed that
 these priorities are influenced by views of the water quality agencies
 on a state-by-state basis.  They reflect a balancing of concerns as
 among the several parts of a jurisdiction, both within and without the
 Ohio Basin.  They may also on occasion reflect efforts of a particular
 state to concentrate on a specific geographic area which is perceived
 to have a water quality problem requiring special effort.   This per-
 spective may vary as seen from across the river or from the upstream
 and  downstream sides of a border.

     Coordination of priorities within a state is a necessary objective,
 and  individual states are in a position to pursue it.   But coordination
within the  several parts of a basin—particularly in the same or adjacent
 areas—is also necessary.

     Under the Federal Act,  it is  the states and not interstate agencies
which make up the priority lists.   It is not suggested that  this be changed.
However, by bringing state agencies together and by pointing out to each
of them what the policies  across the state line are and what their effects
may be,  the participation  of ORSANCO might secure an improved pattern
of construction activity.

     The problem also involves the several EPA regions.   In  reviewing
grant applications and in  determining conditions which will  be imposed
for the  receipt of particular grants,  Region 5 occupies a  universe which
includes the Great Lakes as  well as  the  Ohio,  and much in  between.   Region
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U looks at the Southeast  from Atlanta  where  the  population pressures and
peculiarities of Florida's development may seem  more  compelling than the
needs of Ashland or Louisville and the many  smaller communities along
the way.  To Region 3,  the balance to  he sought  is between the needs
and opportunities of the  industrialized lower  Delaware  Valley and the more
thinly settled reaches  of West Virginia's portion of  the  Ohio River.  For
the New York City based Region 2,  the  Ohio is  a  long  way  off, of periph-
eral concern in problems  and population and  less demanding of attention
than Puerto Rico for which it also has responsibility.

     The focus which each of these EPA regions must preserve cannot be
gainsaid and probably should not be altered.  But since the  Ohio  is also
a unity, there should be  some mechanism for encouraging administrative
jurisdictions organized on a different logic to  accommodate, in  so  far
as they can, to the activities and policies of the  others who  share the
Ohio and affect its use and development.  ORSANCO could be that mechanism
and has responsibilities more directly suited to the  task than  any  other
agency.

     The designation of "water quality limited segments"  also  needs to
be coordinated both laterally across the river and on an  upstream-down-
 stream basis.  While the Ohio is a relatively wide stream and so  may
vary in quality from bank to bank, degrees of treatment and limitations
 of discharges above and beyond "best practicable treatment"  or "best
 available  treatment" should be coordinated for both sides of the river,
 regardless of state or regional boundaries.  Further, the determination
 of how much and what kinds of effluent can be put into particular stretches
 of the waterway  should not be made only with reference to the immediate
 vicinity.   Questions of equitable use  of the waste loading capacity
 among  the  states must be  considered.   These encompass upstream-downstream
 relationships as well as  lateral  ones.

     The  possibility of interstate allocation of waste loading capacity
 does not  now seem  to compel  attention on the Ohio, except perhaps in
 stretches  encompassed by  the  Cincinnati  and Louisville metropolitan
 areas.  However,  in years to  come, further  population pressures and in-
 dustrial  growth are likely to make such allocations real necessities.
 The  direct and  indirect use  of water  for  energy production  clearly is
 going  to  affect  temperature,  quantity, mineral  content and  perhaps
 radioactivity.   Tolerances  for these  factors will have to be assessed
 for  long stretches of  the waterway and the  just  shares of the communities
 and states negotiated.   To make  determinations  on the basis of individual
 permits may be too atomistic.  At stake is  the  economic  welfare and con-
 venience of many millions of people.   ORSANCO is not likely to have the
 power of decision in these  matters.   The compact does  not confer any
 such authority beyond  standards  making, nor would  its  exercise by the
 interstate agency likely be politically acceptable.  But ORSANCO is and
 will likely continue to  be the possessor of the most complete and most
 impartial body of information and analyses on which  the  decisions  can be
 made.   As such, and as the joint creature of  all the contending  juris-
 dictions, ORSANCO could  provide an invaluable stimulus and  forum for
 negotiation of the issues and development of the equities.

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     There are other kinds of interstate, interagency and interregional
problems which are sometimes revealed by episodes, but -which may also
signal persistent conditions having interjurisdictional effects.  One
such is the recurring fishkills in various parts of the Basin.  In the
past several years, these have occurred at the Virginia-West Virginia
line on the New River and on the New York-Pennsylvania stretch of the
Allegheny.  The causes are sometimes in dispute or unknown.  On other
occasions they are readily determinable but may highlight conflicting
interests on either side of the jurisdictional line.  The need to in-
vestigate such episodes or conditions and to formulate corrective or
preventive action is clear.

     In some instances, neither of the states involved has "been able to
concentrate the resources required to investigate the problem systematically
or intensively enough to produce an answer.  Furthermore, where the
parties may be aware that fixing of blame is a possible element in the
investigation, neither side may be willing to accept the other's fact
finding.  If its knowledge of the Basin's waters and its lack of parti-
sanship is appreciated, ORSAWCO might qualify as the most appropriate
fact finder and recommender of remedial action.

Pollution from Konpoint Sources.

     The realization has been growing that nonpoint runoff from urban
areas and agricultural lands is a major contributor to deteriorated
water quality and that it cannot be dealt with by discharge permits or
effluent limitations.  What to do is a largely unsolved problem, per-
haps at a stage of consideration analogous to that of point source pol-
lution thirty or forty years ago when the states were formulating their
first comprehensive water pollution control laws.

     Every state and the Federal Government must consider the problems
of dealing with nonpoint sources, but it may be hoped that some of the
duplication in such consideration can be avoided.  Just as regional
leadership was useful in formulating the early water quality standards
for the Ohio, so regional and national approaches to the study of non-
point sources may be fruitful.  As the catalyst and as a forum in which
all states concerned in the Basin, and several EPA regions as well, can
come together for the discussion of common problems and for the formulation
of similar programs, ORSABCO may have an opportunity to facilitate advance
in the control of nonpoint sources.   ORSAWCO could take the lead in
defining and quantifying the problem and its effects on river quality.
Insofar as we have been able to ascertain, this has not been attempted
as yet.  In this respect, ORSAWCO's role could be similar to that which
it fulfilled in the 1950s through the work of its industry committees on
the point source problems of individual types of manufacturing or mining.

     The compact does not provide any powers which would permit ORSANCO
to undertake a regulatory role in dealing with nonpoint sources.  Indeed,
such regulation probably will involve land use controls as well as measures
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designed to affect farming practices and municipal sanitation.   However,
since there is still little consensus as to what  should "be  done,  the
absence of regulatory authority should not be an  obstacle to  OR5ANCO
participation in the consideration of the problem, especially with regard
to its specific ramifications in the several parts of the Ohio  Basin.

Mine Drainage.

     A problem much longer recognized is that of  mine drainage.   Active
mines can discharge huge quantities of acid and other pollutants.   An
even more perplexing problem is presented by the  abandoned  operations
where the land is no longer of value to the owner because the mineral
wealth has been extracted.  How to secure pollution control and abate-
ment has taxed the ingenuity of many minds.

     Many of the state water pollution control agency personnel suggested
to us that ORSANCO should give greater consideration to the mine drainage
problem.  Their wishes that this be done appear to spring from  the fact
that so many parts of the Basin, from near its headwaters to  its lower
extremity, have the concern in common.

     In the past, ORSANCO's Coal Industry Committee has gathered and
made available information on mine wastes and on  the practices  of the
Industry.  Undoubtedly, the Commission could continue to provide a forum
for discussion of mine drainage.  In doing so, however, it  should be
aware that other agencies and organizations are also in the field. The
Appalachian Regional Commission has given much attention to the problem
and is likely to continue its interest.  There is now in existence an
Interstate Mining Commission established under a  compact among  mineral
producing states, both in and out of the Ohio Basin.  Further,  the in-
dividual states and the Federal Government have considered  and  undertaken
programs of mine sealing and other measures.

     There can be no doubt that the subject is important and  that it  is
of substantial concern throughout the Ohio Basin.  But under  present  con-
ditions, it is necessary to appreciate the limits of ORSANCO  capabilities
when making proposals in this field.  To the extent that they are known,
the regulatory powers appropriate to deal with mine drainage  are largely
outside those given to the interstate agency in its compact.   For example,
the laws regulating mining methods and practices  and providing  for the
rehabilitation of mined lands are not generally within the  purview of
water quality agencies.  They involve land use more than they do water
pollution control.  Similarly, measures of a public works or  financial
character seem to be either beyond ORSANCO's authority or better performed
by others.

     Accordingly, it would seem that because of its regionwide incidence,
mine drainage and other problems associated with mine wastes  should be
kept in mind by ORSANCO, but its role should be primarily as  a stimulator
of interest and action by others.
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 Ground ¥ater Management.

      A subject which has  a less obvious impact  on stream quality but
 which is important is that of ground water management.   One  would normally
 not suppose that an interstate water quality agency should concern itself
 with such a matter.  While the problem of ground  water  quality may be
 common to all of the jurisdictions,  the aquifers  or pools involved are
 interstate only in some instances.   Moreover, the states in  the  ORSA1TCO
 Compact have so far done  relatively  little to manage their ground water
 resources.

      The Delaware and Susquehanna River Basin Compacts  give  the  com-
 missions established by them  some authority over  ground water through
 the power to review and approve projects having a substantial effect on
 waters of their respective basins.   Since ground  waters are  "waters of
 the basin",  significant withdrawals  or  other actions which materially
 affect quality can come within the regulatory purview of the interstate
 agency.   However,  the ORSANCO  Compact  contains  no provisions of  a  similar
 nature.

      Nevertheless,  the Commission has become engaged in one endeavor
 which is related to ground water quality.   It has compiled a registry
 of  underground injection  wells.  If  kept  up-to-date,  this registry
 could supply a basinwide  inventory of points of waste discharge  to the
 subsurface and information concerning the practices  at  these locations.
 The ability  to compare practices from  state  to  state within the  Ohio
 Basin can be of value  in  helping each jurisdiction to formulate  and
 administer its own  programs for the  control  of  underground injection
 wells.

      The subject  is  also  one,  owing  to  its relative  newness,  in which
 ORSANCO  could  provide  useful service as a  forum for  discussion,  dis-
 semination of  information  and  development  of improved criteria for such
 installations  in order to  protect overlying usable ground waters and the
 surface.  A  step in this direction was Commission sponsorship several
 years  ago of a  comprehensive report  setting  forth both administrative
 procedures and  geological  considerations for control of injection wells.

 Power  Plant Siting.

     The location of a wide variety of facilities having environmental
 effects  is becoming a matter of increasing concern.  In general,  land use
 regulation is a matter for local governments, but increasingly with a
 state  ingredient.  Except  for the efforts of the Lake Tahoe Regional
 Commission (California and Nevada),  no phase of the subject has  yet be-
 come part of the responsibilities of an interstate agency.  At least,
this  is true if one puts aside the general interest evinced by regional
planning agencies which do not have  regulatory authority.

     However, the siting of facilities which account for large and crucial
discharges into the river  system can  have a direct bearing on water quality
                                  -k6~

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and its management.   This has become an issue of concern in  respect to
new power plants,  both conventional and nuclear.   Moreover,  effects on
water temperature, radioactivity concentrations  and stream flow can be
interstate in character.

     Through its Power Industry Committee,  ORSANCO has  already provided
a convenient means of making known to all member states the  plans  for
new power plants in the Basin.  It is thereby possible  for the water
quality agency of a single state to know how installations in another
jurisdiction may affect its concerns.  This kind of activity by ORSANCO
is beneficial and should be conscientiously pursued.

Research.

     Each of the four subjects mentioned in the  immediately  preceding
sections of this chapter is one in which approaches and solutions  need
to be developed.  Since the Ohio flows through varied country that re-
flects most of the life styles and economic profiles found in the  nation
as a whole, it would be possible to identify many other problems in water
quality management for which research must  help  provide the  answers.
Furthermore, if we are serious about our commitments to clean water,
massive research undertakings must be part  of the overall water quality
management process.

     Everywhere one turns, it is possible to identify potential performers
of research.  The universities consider it  one of their major functions;
the Federal Government gives grants and does some of it directly;   private
industries pursue it within the limits of their  own recognized self interest,
But the view is widespread that no one is adequately engaged in the re-
search necessary to answer the technical and institutional questions
important for improved water quality management.

     The difficulty is that research takes  investments of funds, most
often without any direct or immediate expectation of dramatic or even
tangible return.

     ORSAWCO lacks the funds and the staff necessary to engage in research
on a significant  scale.  However, there are limited research roles
which ORSANCO could consider and that would be of substantial value.

     A number of  the other interstate agencies,  both in and out of the
water quality field, have on occasion provided sponsorship for research
activities.  ORSANCO itself has had  some experience with this type of
activity—notably in the instance of its 1959 aquatic-life resources
study as well as  in the matter of  subsurface disposal practices.

     Given  present patterns for organizing and administering research
activities, there are  some attractions  in their performance under the
auspices of an  interstate agency.   Individual states are  so heavily in-
volved  in operational  and regulatory activities, that they do not normally
                                    -H7-

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 think of themselves in connection  with research,  except  perhaps as users
 of the results.   EPA,  too,  is  primarily concerned with regulatory activities.
 Its research function  is  oriented  toward providing the funds with which
 water quality research can  be  done.

      As a regional  agency charged  with seeing to  the water  quality
 welfare and  needs of an eight-state basin,  ORSAWCO is in a  particularly
 good position to  identify and  focus interest on common problems needing
 investigation.  Whereas an  individual  state may feel that it has no warrant
 to take the  leadership and  responsibility for a problem  which, if solved,
 will benefit its  neighbors  fully as much as itself, the  interstate
 agency can act for  several  or  many who are  similarly situated.

      The first focus for  ORSAWCO should be  to identify matters on which
 research would be particularly useful  to the Basin.  It  should then
 attempt to interest  those with research capabilities in  undertaking the
 assignments.  Preferably, ORSAWCO  should seek to  persuade others to use
 their own resources  for the studies and projects.  However, in a limited
 number of instances, and  where others  cannot be induced  to proceed on
 their own, ORSANCO  could  act as a  grantee and as  an active entrepeneur
 to put the needed resources together for the accomplishment of a research
 undertaking.  In  such  circumstances, ORSAWCO could perform the functions
 of project management  and disseminator  of the results.  A precedent
 exists in the phenol treatment plant-scale  research sponsored by ORSANCO
 in the early Fifties.

      The number of projects and the variety of subjects on which ORSANCO
 sponsored research could usefully  proceed is very large.   Any specific
 comments should be treated  only as possible illustrations.

      For example, applied research is needed on combined sewer systems
 in urban areas.   The growing and much  emphasized use of secondary treat-
 ment  may produce  many  situations in which the efficiency of the sewer
 system is no more than  one-half that of the treatment plant and in which
 periodic  combined sewer overflow seriously undermines the value of the
 entire  treatment  process.    Strategies  should be developed to minimize
 the problems caused by  combined sewers and to determine their true load.
 impact  on the waterways.

      To  postulate water quality conditions on the basis of treatment
 plant  effluents is certain to yield erroneous results.   The influence
 of  industrial wastes entering combined sewers (including  actual pre-
 treatment practices) and of nonpoint contributions to storm water  must
be taken  into account.   Especially the discharge of heavy metals,  oil
 and grease, and other toxic  substances into  municipal systems should  be
 investigated.

      In connection with any  ORSANCO sponsored  research, however, a
caution  should be voiced.  Research administration cannot be a  passive
activity, if  the  results are to be  good.  It is  not  enough  to act  as
a collector and disburser  of funds, or  even  to  frame  the  initial speci-
fications for a contract.  The  administering agency must  be  willing

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and able to keep close watch on the performance of the  research which
it sponsors and must have the capability to direct and  monitor  it  in-
telligently.

Technical Assistance.

     An area in which the benefits of cooperation have  long been  thought
to lie is technical assistance.  Individual jurisdictions cannot  justify
or afford experts in every field.   Water quality management has its
share of specialties and problems  which are beyond the  competence of
sanitary engineering and other technical personnel.

     The Federal Water Pollution Control Act Amendments of 1972 point
up the problem by specifically adopting an industry by  industry approach
to the formulation of requirements for waste discharges.  Even EPA, with
its nationwide responsibilities, has not sought to recruit in-house
capabilities for all the specialties but it relies heavily on contract
procurements to perform the studies needed in the formulation of effluent
limitations and other requirements which particular classes of dischargers
will be expected to meet.

     It seems to make sense that the expertise which individual states
cannot afford but must have should be maintained by a central source and
made available as need arises,  ORSANCO could provide a pool of such
experts.  But to do  so on a regular and comprehensive basis would require
a large staff with varied talents.  Even so, the usual experience with
technical assistance  is worth bearing in mind.  Most agencies which are
capable of  providing  it come by specialized personnel because of operating
or regulatory programs or research  in which they are themselves heavily
engaged.  The demands of the agency's own  programs are likely to consume
the time of the very people who could provide technical assistance.

     Accordingly,  it  probably  is  not realistic to  conceive of technical
assistance  as  a  separately  staffed  or programmed  function.  Nevertheless,
if ORSANCO  develops a strong set  of programs along some of the lines pre-
sented in this  chapter,  it  will have personnel with special knowledge and
skills not  otherwise sufficiently available  in the Basin  and not dupli-
cated  by EPA  or  the states.  If ORSANCO  becomes  known  to  have  a techni-
cally  expert  staff in certain  fields,  it will  have opportunities to give
advice and to  help both  the states  and  EPA with  special problems.

     One  such kind of possible assistance  was  mentioned  in connection
with the discussion of enforcement  when it was remarked  that personnel
 from the ORSANCO monitoring and stream survey  programs could provide
 expert testimony at hearings and  in litigation.   It also  seems that
 ORSANCO could assist other  agencies in the design of water quality data
 collection and analysis  systems.   The  range  of potential  opportunities
 for  service is large, but specific applications  must await the choice
by ORSANCO of the program elements which it  is to develop in  depth.
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Training.

     An activity similar in its import to technical assistance is training
of personnel.  The difference is that the former supplies capabilities
which the recipient is unable to provide for itself or which it would be
inefficient for the agency to maintain on a regular basis, while the
latter develops the capability on the recipient's own staff.  The types
of functions may also differ in that technical assistance is generally
conceived as the provision of highly skilled or professional help,
whereas training may be provided for any level of employee.

     EPA regards training with special favor in evaluating applications
for Section 106 program grants.  The reason is that effective personnel
improves the end result and so may be expected to obtain better water
quality from a given quantum of funds and equipment.

     The point was first conceived primarily in terms of the effective-
ness of sewage plant operators.  During the 1960s, it was often remarked
before Congressional committees and elsewhere that the quality of effluents
was usually much lower than the plants were capable of providing and that
the reason was faulty operation and maintenance.

     Self monitoring is stressed in the Federal Act Amendments of 1972.
Many municipal treatment plant laboratories are at present of limited
value.  A treatment plant operator training activity would strengthen
ORSANCO's program.   Many of the treatment plants within the ORSANCO
area have been upgraded, or will be, to provide secondary treatment.  The
secondary treatment plants introduce a biological step in treatment which
causes additional problems for the plant operators.   While a laboratory
was desirable for efficient operation of a primary treatment plant, it
now becomes a necessity to operate a secondary treatment plant.   The
data generated by such laboratories is now meant, among other things, to
aid the States and EPA in its compliance monitoring program.

     At the present time, operator training is offered in short  courses
given by universities, regional laboratories of the  U. S. Environmental
Protection Agency,  the states,  and in-house training by the larger sewer-
age treatment plants.   Many of these courses are not suitable for training
of the laboratory personnel or treatment plant operators who must perform
the laboratory tests in smaller plants.   The inadequate background of the
operators plus the fact that class sizes are usually large make  instruction
difficult.   There is need for more individualized instruction in the
relevant laboratory procedures.

     ORSANCO could  visit, upon invitation,  treatment plants (especially
the smaller ones) to provide personalized instruction in performing
the necessary tests which conform  to Standard Methods.  The teaching
program could provide  for a visit  by a graduate chemist  and sanitary
engineer to the individual  plants  that  express an interest in such
                                  -50-

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training.  The sanitary engineer could explain the  need  and the use
for the particular tests that  would be performed, and the  tests demon-
strated and discussed in detail by the chemist.  Assuming  the  personnel
were made available, this type of training could be instituted immediately.
More elaborate and complex training activities might take  longer  to  de-
velop.

     The Interstate Sanitation Commission has a training program  for
this kind of personnel which is fully utilized and  well  received.  It
does not concentrate on the more sophisticated operational tasks.  Rather,
it specializes in bringing simple instruction into  plants  to  make it
possible for employees with little or no previous  technical training to
perform the basic laboratory tests and other operations  required  for the
monitoring of processes and effluents.  The training emphasizes -individual
instruction on the  job rather than seminars or courses to  which large
groups of operator  personnel and candidates are brought  for formal in-
service  and pre-service programs.

     The waste treatment agencies in the Greater New York Metropolitan
Area have as much access to college and technical  school instruction and
to the regular courses for plant operators as do most other places in
the United States.   Yet, this kind of  service has  demonstrated its use-
fulness.  Accordingly,  it might  fill a need that appears so far to have
gone unfulfilled  in the  Ohio  Basin.

     The disadvantage  of such a  program  from the ORSANCO point of view^
 is that  the Basin is very large  and the  only  Commission base  of  operations
 is Cincinnati.  This is  a central  location and  from it  a  significant seg-
ment  of  the Ohio  could be reached.  But  unless  the kind of training pro-
 gram  here  being discussed could  be decentralized,  it  would likely not
benefit  all parts of the Basin  or  all  of the  states in  the Compact.

      Within the limits of its resources,  ORSANCO has engaged  in  some
 activities that might  be regarded as  training.  Its occasional clinics
 and seminars  to  disseminate  findings  of its  industry committees  and
 developments  in  electronic monitoring could  be so  viewed.

      As ORSANCO  develops unique services for the Basin, it may be  in a
 position to  consider a training function if  the states  so desire.   Per-
 haps the Commission personnel would have something to impart^on  a  regular
 basis in fields  such as the  management and use of  water quality  data.
 The point is that a training function should be associated with  the
 strengths in the Commission's programs so that the teaching  personnel
 can bring knowledge and skill to the instructional process.

 Information Dissemination and Public Relations.

      Whatever the  specific elements of the ORSAWCO program,  there^is a
 continuing need for the agency to communicate with others.  This is
 not a need coterminous with the generally understood domain of public
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 relations.   Press releases,  brochures,  films,  and public appearances
 all have their place.   But it is necessary to  ask why and when they should
 be employed.   With whom should ORSAKCO  communicate and for what purposes?

      The answers depend largely on what kind of organization ORSANCO
 proposes to be.   To the extent that it  is  a technical arm of the state
 water pollution control agencies,  the information it  furnishes and  the
 goodwill it seeks to build is with them.   To the extent  that it helps
 to administer Public Law 92-500 and otherwise  assist  with tasks in  which
 EPA or other  federal agencies have interests,  the format of its infor-
 mation program must cater to that  audience.  In either case, the techniques
 and content of an information dissemination program are  different from
 what they would be to  reach  the general public  or the state administra-
 tions and legislatures.   All of the last named  can be important  to  ORSANCO.
 How these relationships should be  handled  is a  question  that also needs
 attention.

      The Commission has prepared materials  in the past which have been
 designed to inform the general public of its activities  and of water
 quality problems in the Ohio Basin.   This has been done  through motion
 pictures (now totaling nine).   It  has also  been considered  that  the
 annual  report  "Yearbook"  should be attractively enough produced  and
 written to  serve a public  relations  function.   To accomplish this pur-
 pose,  and also because ORSANCO has been short of  staff,  the writing of
 its  most recent  annual report  was  farmed out to  an outside  contractor.
 Other  public  relations activities  of ORSANCO have been very occasional
 and  cannot  be  considered  part  of its regular t>rogram.

      ORSANCO  certainly should  inform the public concerning  its activities
 and  the  problems  with  which  it  deals.   However, resources presently
 available for  this purpose are  extremely limited.   In view  of the urgent
 needs to strengthen  its  substantive  water quality work,  it  does not seem
 that  the Commission  should devote  any more than an occasional and rela-
 tively  small amount  of money to  what is generally considered public
 information.   The  Commission must  first concentrate on building a program
 which has clear value  for the  Basin, the member states and  EPA.  When it
 has made a  good  start  in that direction, it will  have something around
 which it  can develop a meaningful  public information program.

     Despite what  has  just been  said, it is important that the Commission
 staff prepare  its  own  annual report  and technical bulletins as it did
until recently.  At present, the first  individuals who must be impressed
 are the  officials  of the party states.  They must be ORSANCO!s immediate
reliance  for support.  This argues for a good and  informative technical
report on Commission activities.  Those  who have been directly engaged
 in the work are best equipped to report  on it.   If funds are available
to secure public relations or other editorial advice to make the report
attractive,  such an effort may be desirable.  However, first emphasis
must be on the substance rather than on  the form.  The preparation of
documentaries and other informational materials is a worthwhile service.
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The only question is where this should stand in the  order  of  priorities.
Since ORSANCO is in the best position to see the Basin as  a whole,  its
production of an occasional film or similar undertaking is in keeping
with the agency's overall mission.   It may also help to maintain and
enhance its image with public interest groups in the region.   However,
the next several years should make  heavy demands on  ORSANCO's resources
for staff expansion and the development of its technical programs.

     Contacts with the state governments and the several EPA  regions
have fallen into disrepair.  This is probably less true of Region 5 than
of any of the others because the Director of that EPA Region  is an ORSMCO
Commissioner and the agency's program grants are handled through Chicago.
However, it is disturbing to report that in many of  the ORSANCO states
where we conducted interviews, we were told that it  has been  a very long
time since the ORSANCO staff head or any of his senior employees visited
the state capital.  We understand that the new Director is aware of this
shortcoming and is undertaking efforts to remedy the situation.  It must
be emphasized that personal contact between the ORSANCO staff and those
in the states and EPA whom the interstate agency serve is  essential.   In
its absence, the impression gets abroad that ORSANCO is a  distant, do-
nothing organization.  Further, the neglect of contacts at the state
capitals and EPA regional headquarters limits opportunities  for ORSANCO
to ascertain what the needs and wishes of the interstate agency's most
important constituents may be.

     In recent years, ORSANCO has devoted much effort in its information
dissemination program to its monthly publication "Monitor"'.   This is  a
selective presentation on a frequent periodic basis  of significant
quality data gathered by the monitoring system.  As pointed  out earlier
in these pages, there is considerable doubt as to whether this publica-
tion serves the most useful purposes possible.  In our visits to the
states we have too  often learned that "Monitor" is simply filed and
seldom consulted, or that no one has a clear idea how and to what extent
the data are used.

     This suggests  a serious need to rethink the entire information dis-
semination program, to identify  specifically the intended audience for
each kind of ORSANCO communication;  to formulate reasonably definite
ideas as to what  ORSANCO would like or expect recipients to do with the
information;  and to devise modes of communication that will fit each
purpose.  An illustration of how ORSAWCO data should be aimed directly
toward those responsible for or  capable of  a specific response is pre-
sented  in the portion of this chapter dealing with monitoring and
related data programs.  Moreover, more direct and pointed transmissions
of data would repeatedly bring ORSANCO to the attention of the recipient
agencies and individuals  in ways that point out the vitality and use-
fulness of the  ORSANCO operations.

     One  step removed  from the water pollution  control  agencies are the
higher  policy making levels  of the member  governments  —  particularly
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 the Governor's offices and the state legislatures.   Whether  and  to  what
 extent ORSANCO should seek direct  contacts with them is  a  difficult
 question.   Their knowledge that  ORSANCO exists  and  is a  worthwhile
 agency is  important.   These instruments of government often  determine
 what forms of organization will  be employed and what jurisdictional
 arrangements will be  made to carry out  water policy.   This includes
 its intergovernmental aspects as well as those  which are entirely internal
 to a single state.  Accordingly, their  knowledge of the  realities of
 intergovernmental relations and  of the  roles which  ORSANCO could play
 is essential in advancing a constructive set of ORBANCO  programs and
 in protecting the agency from inadvertent inroads on its functions  and
 financial  resource base.

      However,  the position of the  heads of the  state water pollution
 control agencies on ORSANCO as commissioners must be considered.  In
 the past,  they have been relied  upon  as both the supporters  and  inter-
 preters of ORSANCO needs and program  to their state governments.  In
 significant measure,  this  should and  must  be so.  However, this  deriva-
 tive kind  of contact  is  sometimes  not enough when legislatures and budget
 officers ask questions,  or even  worse when they have  unspoken doubts
 in their minds.

      ORSANCO has not  sought  to use  its  citizen  commissioners as  emissaries
 to their state  governments nor does it  appear to  have given them any other
 tasks of a representational  character in  dealing  with citizen organiza-
 tions.   Some ORSANCO  commissioners have been  appointed because they
 represent  Industry, civic  organizations, university communities, or
 local governmental  interests.  But we are  not aware that any of them
 have been  asked  by  ORSANCO to  perform specific tasks involving contact
 on the  part  of ORSANCO with  these agencies and  interests.  For the
 citizen commissioners, as  well as for the  state environmental officials,
 the representational  function  should  go in both directions.  This could
 forge links  between ORSANCO  and the general public that do not now
 exist.

      It  is  important to make government  officials and the general
 public  aware of the interrelationships which establish the Ohio River
 system  as an entity.  ORSANCO  is peculiarly fitted to do this because
 of  its  data  gathering and analysis functions.  Some of the state water
 pollution control agencies have told us  that they would like  to have
 ORSANCO materials which they could use and distribute in explaining
 the problems of the Ohio Basin and in providing information concerning
 measures being taken by other states to  deal with them.  Such a service
 would be of benefit and could strengthen ORSANCO's ties with  civic organ-
 izations and other public interest  groups throughout the Basin.   In
 considering matters of this kind, however, ORSANCO must make  an appraisal
 of the dollars which it is justified in  committing to such  endeavors.
 If, as we believe, it  may ultimately become necessary to  make equitable
allocations of waste loadings to  the individual  states, an  appreciation
of the  integral aspects of the river system will be  essential to  gain
public acceptance of and cooperation in  the negotiation and administra-
tion of such allocation on an equitable  basis.

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                                CHAPTER h

                               Priorities


     ORSANCO has two paramount program needs.   One is  to carry on its  data
collection and analysis activities  more comprehensively and purposefully.
The other is to add planning activities which will give the interstate agen-
cy the capability to identify the water quality needs  of the Ohio Basin,  the
probable course of future developments which will affect those needs and  im-
pact on the quality of river system waters, reveal and assess the interjuris-
dictional relationships involved and display the factual and conceptual frame-
works and alternatives applicable to present and possible future actions  of
the state, federal, local governmental, and private entities which develop,^
manage, regulate, use and seek to conserve or improve the waters of the Basin.

     In considering the possible program activities for the interstate agen-
cy, it is unrealistic to act as though all the subject matter elements pre-
sented in Chapter 3 are equally open for immediate implementation.  ORSAWCO
already has investments in equipment and facilities, a  staff  (some of its mem-
bers with years  of  service), and a set of long standing relationships with
state and federal agencies.  Major changes, including some of those which may
be most desirable,  will take time to be made effectively.  Even  if the Commis-
sion should wish to engage in  all of the activities outlined  in  Chapter 3 at
levels sufficient to be productive, it could not  do so.  Accordingly, identi-
fication  of priorities for ORSANCO must  consider  both the needs  of the Basin
and the state and federal agencies which have responsibilities related to its
water quality,  and  the pace  at which the interstate agency  can develop its
performance  capabilities in  various fields.

     During  recent  years, ORSANCO has  not been  as vigorously  active as it
 should have  been.   Accordingly,  it  is  at least  as important  for  the Commission
 to perform effectively the more  important  of  the  functions  in which it is al-
 ready  engaged as it is to add new  ones.

     A  program activity  for  ORSANCO can be either operational in the  sense of
 its robot monitoring and data processing,  coordinative of the activities  and
 plans  of others, catalytic  in that  it provides the  encouragement and  impetus
 for action by others,  or cooperative  in that it is  performed partly by ORSAWCO
 and partly by agencies of the member  states,  the Federal Government or others.
 In identifying a program item priority order for ORSANCO, the discussions in
 Chapter 3 will not be repeated.  They should be consulted for accounts of the
 specific role and function or approach which we conceive suitable for the in-
 terstate agency in the particular  circumstances of the Ohio Basin.

      However, it is important to emphasize that there are relatively few ac-
 tivities which  can be performed one hundred percent as coordinative or catalytic
 undertakings.  Unless the agency's own personnel are engaged actively enough in
 a particular line  of activity, they are not likely to have or maintain the de-
 gree of professional competence, understanding or imagination necessary to make
 them useful  in  the stimulative functions.  Nor will they likely have opportuni-
 ties to achieve and hold the  respect necessary to be acceptable as negotiators,
                                     -55-

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  leaders,  or representatives  of the state and federal water quality  programs
  for whom  they are suppose to serve.   Accordingly,  ORSMCO  must  do enough  of
  the actual work in enough of the  fields  so  as  to be  a viable  resource.

  The Stream Data System.

       The  monitoring program  should continue  to be  a  primary activity of OR-
  SMCO.  As explained  in Chapter 3,  it provides an  essential basis for water
  quality management planning,  regulation  and  operating  activities of the states
  federal agencies  and  the  Commission itself.  Moreover, it  is  a  function for
  which ORSMCO  is  presently better prepared than any  other.  Consequently, U
  aifords the  firmest base  on which a strengthened ORSMCO can  be built.

      However, we  believe  that it is unfortunate to continue to think of the
  program^ simply one for monitoring.   This way of regarding the program prob-
  ably originated from the heavy reliance to date on the robot equipment  and
  its attendant data processing operations.  However, this method of data col-
  lection and analysis is only a technique for the assembling of information and
  its conversion into a meaningful picture of stream conditions in the Ohio
 Basin.  It would be more helpful to conceive of the program in terms of this
 objective than in terms of a particular means for approaching the result.

      Several data collection, analysis and reporting methodologies were iden-
 tified in Chapter 3.   ORSANCO should give the highest priority to welding  all
 of them into a well rounded,  accurate  and instantly usable stream information
 system.

      Robot monitoring  should  continue  to  be  employed and  perfected for  those
 things which it can do best.   Although expensive  in hardware,  it is  saving of
 manpower and so cost efficient in  the  long run.  Moreover,  ORSMCO has  already
 made much  of the necessary investment.

      However,  thorough visual examination of  the river system, accompanied by
 the  taking and analysis of manual  samples, is also  essential.  This  should be
 added to the  ORSMCO program  by  employing one or more of  the administrative
 arrangements  suggested in  Chapter  3.   In  combination  with the  automatic moni-
 toring  the stream survey  method would provide truly  comprehensive and detailed
 knowledge  of  stream conditions.

     The maintenance of a  data bank and current interpretative reporting of
 items needing attention by the state and  federal agencies are  closely associ-
 ated elements of an utilitarian stream data program.  They  should not be con-
 sidered as  separate items.

 Planning.

     Planning is a logical next step from data collection and analysis.   Of
 course, it requires much more than the  information which ORSMCO itself  will
 develop because water is a supporting resource rather than an end in  itself
Water is to be placed and maintained in a particular condition so that it ma-
be suitable for the uses to be made of  it.  Accordingly, the ORSMCO  knowledge
                                   -56-

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and competence must extend to an understanding of the uses  and the place which
the waters of the Ohio River system have in the life of the Basin's people.
The objectives set in applicable statutes such as the Federal Water Pollution
Control Act and the various state laws also must be taken into account.

     Moreover, planning is the principal tool that ORSANCO  can employ to co-
ordinate the actions and policies of the member jurisdictions and their  agen-
cies in respect of the Ohio Basin.  Since ORSANCO is a forum for the further-
ance of intergovernmental cooperation rather than the arbiter of the destiny
of the Ohio, its chief impact is in the basis that it can provide for the po-
licy, operating and regulatory programs of the states, federal agencies, and
to a lesser extent, local governments and the private sector.  The success
which ORSANCO may hope to have in coordination will come from its ability to
marshal facts and to apply them in persuasive fashion whenever it seeks  to
promote the meshing of the standards, managerial activities, public works pro-
gram, and other water quality related activities of the public and private en-
tities that have effects on the Ohio River system.

     To these ends, a number of predictive and analytical methods can be used.
Deserving of special mention among them is stream modeling.  ORSANCO has already
undertaken such an activity.  It should be expanded so that it ultimately encom-
passes the entire Basin and all of the significant parameters which are  or may
become subject to regulatory action or further planning and developmental con-
cern.  While other agencies may also find it useful to do stream modeling in
their segments of the Basin, ORSANCO's work should constitute the centerpiece
of any such efforts.  The reason is that only an interjurisdictional approach
can lead to development of a comprehensive model of this interjurisdictional
river system.

     Accordingly, ORSANCO should prepare itself to assume the role of lead
agency or participant in planning undertakings.

Coordination and Accountability.

     Coordination and accountability appear third on this list of priorities.
Nevertheless, they are of at least equal importance with stream data and plan-
ning programs.  However, they are different in kind from any of the other ac-
tivities  in which ORSANCO might engage.

     Coordination and accountability are not  substantive subject matter areas.
Rather they are techniques and procedures.  Effective conduct of them must be
built on  other programs in which ORSANCO engages.

     It is  sometimes an express or tacitly held view that  coordination  consists
of providing  a meeting room, sending out invitations to confer and  furnishing
a professional or technical  secretary  to take and distribute minutes.   These
services  are  often  indispensable, but  they constitute only  some of  the  mechani-
cal  tools of  coordination.   They  should  not be mistaken for performance of the
function.
                                    -57-

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       ORSANCO would have no ability to promote the coordination of stream
  standards among the  several state portions of the river system if it did
  not have a stream data program to provide the substantive knowledge on the
  basis of which to call to the attention of the states and EPA the interjur-
  isdictional problems and possible approaches to them.

       It may be doubted that any agency will be able to have a catalytic or
  coordinative input into Section 303 (e) plans made by the states for their
  parts of the Ohio Basin, unless it is otherwise sufficiently a participant
  in planning activities to understand the 303 (e) plans, to acquire the in-
  sights that make competent analysis possible, and to command the profession-
  al respect of the agencies whose planning it seeks to coordinate.  Similar
  observations apply to river basin planning pursuant to Section 209 of the
 Federal Water Pollution Control Act and areawide waste treatment management
 planning pursuant to Section 208.

      In those instances where it is desirable for ORSANCO  to provide leader-
 ship,  the need is for substantive programs from which to develop both the
 claim and the competence to lead.   The technical expertise or policy crea-
 tivity essential to  anyone who would make worthwhile suggestions  to  others
 concerning what  they should do is  not  found in isolation.   If recruited by
 ORSANCO  from the outside,  individuals  having  these attributes might  perform
 coordinative functions  for the interstate agency on  the  basis of  their  pre-
 vious  knowledge  and  experience.  But  once in  ORSANCO employ,  such staff mem-
 bers can keep and  further  develop  the  ability to serve as  coordinators  only
 if their work at the  interstate  agency gives  them constant  and active parti-
 cipation in  the  program areas  where  they  are  to  perform  the  coordinating
 function.                                                               &

     The usages  of accountability  are  of  the  same  order.  ORSANCO  is neither
 strong enough nor the type of'agency which is able to compel  obedience  from
 the states, EPA and the Corps.  The data which ORSANCO collects and the analy-
 ses which it makes of them must be the backbone of ORSANCO ability to make
 one agency or jurisdiction accountable to another.

     As pointed out in Chapter 3, the most clearly identifiable accountabil-
 ity mechanism which ORSANCO has employed at some times in the past has been
 the status report on treatment construction projects.  There are several
 reasons why the use of this accountability tehcnique has faltered in recent
 years.   Perhaps the most important is that ORSANCO has had no more than an
 r°noc^ and Very llmlted Contact with enforcement.  Making these reports
 to ORSANCO has not seemed to the state water pollution control agencies to
 have any significant context of ongoing programmatic interchange with the  in-
 terstate agency on enforcement matters.  If ORSANCO should  decide to under-
 take the enforcement related activities suggested in Chapter 3, and if its
participation in interstate water quality planning becomes  substantial,  the
 state water quality agencies would better appreciate the value of status re-
ports to ORSANCO and of any factfinding or negotiation concerning their con-
tents done by or  under the auspices of the interstate agency
                                  -58-

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      But  even more than  status reports, accountability is accomplished in
 a number  of  incidental ways which  can be more effective than the conscious-
 ly labeled activity.  In the  course of analyzing stream data and calling sub-
 standard  water  quality conditions  to the attention of the state, federal and
 local agencies,  accountability can be established in practical and concrete
 terms.

      Another reason why  coordination and accountability are unusual kinds of
 program items is that an idea of their significance cannot be gained by draw-
 ing up  work  plans for them and giving them assigned rankings in the budget
 and allocation  of staff  time.  Undoubtedly, implementation of these program
 elements  will take time  and money.  However, it is easier and more meaning-
 ful to  think of  such matters  in the context of the standards making, planning,
 stream  reporting and analysis or other subject matters to which they will be
 be applied.

 Other Activities.

      Chapter 3 discusses a large number of possible programs.  From what is
 said there,  the reader can gain some idea as to our estimate of the relative
 importance of each item.   It  does not seem useful to go further here in rank-
 ing  present  and possible ORSAWCO activities on a priority scale.   For the im-
mediate future, good performance of the several functions just mentioned
would command most if not all of the resources that the interstate agency can
reasonably be expected to muster.

     Nevertheless, there are other activities that ORSAWCO can and should en-
gage  in on a modest scale or as  spin off from undertakings of principal con-
centration.   Synergistic  effects can make a tremendous difference in the total
worth of the agency.

     For example, even if ORSAWCO does  not specifically identify  technical as-
sistance as a separate program function for which it is prepared  on a major
scale, the possession of a sophisticated competence in the collection and an-
alysis of water quality data should mean the availability of staff whose exper-
tise could be provided on a limited basis  to the participating jurisdictions
and perhaps,  within reason, to others.

     It was  earlier suggested that  ORSAWCO may not  be able to afford much atten-
tion for a public information program.   However, if a number of the recommenda-
tions made here are implemented,  the Commission may find that it  is furnishing
considerable  information  to important segments  of the public.   Good monitoring
and planning  programs would provide considerable material from which to fash-
ion public information output.
                                   -59-

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                                CHAPTER 5

                  Resources for Program Accomplishment
Utilization of Present Resources.

     In considering what the ORSANCO program should be, the Commission's
present staff, equipment, and financial resources should not be control-
ling, although they must be taken into account.

     As this report is being written, ORSANCO is undertaking some staff ex-
pansion.  It also has unexpended funds left from Fiscal Year 197^ and, due
to a projection of substantial increase in its monitoring and data process-
ing activities, is budgeting on the basis of hoped for additional appropria-
tions and program grant funds.  Therefore, it is necessary to be explicit in
identifying what is meant when discussing "current resources" and their al-
location.  In succeeding paragraphs, the expenditures and distribution of
staff activities for FY 197^ will be treated as current.  This is done because
the year which concluded on June 30, 197^ is a certain and known quantity no
longer  open to the vagaries of shifts in plans.  It is also a convenient
base from which to begin the discussion because, at the time of writing, it
still represents with reasonable accuracy the manpower actually on hand.  The
only exceptions are the adding of an Executive Director which occurred in
August  197*1 and an information specialist at the beginning of 1975-

     The tables on pages 62-63 were developed by ORSMCO for use in its
amended program grant application to EPA.  They  show the distribution of
staff effort  in the immediate past and as projected for the immediate future.

     It is apparent that during FY 197^ staff time was fully committed and
no additional activities could have been undertaken, nor present ones in-
tensified, without adding personnel or otherwise supplementing the work
force.  Of course, it is always open to consider whether it would have been
desirable to  redistribute staff assignments, to  eliminate  or reduce concen-
tration on some program items, and to  substitute others.

     The  197^ figures  support what is  already known:   i.e.,  the monitoring
 and  data  processing programs  dominate  in  any  consideration of  current ORSANCO
 activities.   They account  for virtually half  of  all Commission activity.   In-
 deed,  when the general  administration  of  the  Commission is put to  one side,
 the  figure is approximately two-thirds.

      In view of ORSANCO's  relatively modest resources, one may ask whether,
 this degree  of concentration leaves  enough to conduct any  other  programs at
 levels which can make them sufficiently effective.   Meaningful coordination
 of the water quality and related activities of eight states, four  EPA^regions,
 and one or more other federal agencies as they impact on the Ohio  Basin is a
 large responsibility.   It should not consume the attention of an imposing
 bureaucracy, but it should receive at least several full man years of energy
 during any twelve month period.
                                    -61-

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      Ta"ble no.  2
                                            Man Power and Funding Requirements
i
cr\
ro
     Revenue  from:

         Prior year carryover

         States
         U.S. EPA Grant
         Miscellaneous Income
         Prior year receivable
                Income
         Totals
     Activities:
         Monitoring and  Surveillance
         Data Processing and Evaluation
         Planning
         Criteria, Standards and
            Special Studies
         Enforcement
         Public Information and Liaison
         Administrative  and Executive

               Net Program Outlays

               Funds Available-carried
                 forward to FY 1975
ORSANCO
FY 197!+
Man Years
1-3/8
5
1-lA
5/8
1/8
1-1/2
3-5/8
.3-1/2
- Program Plan

Amount
$ 8,522
220,000
268,200
6,323
1+9!+, 523
$503,01+5
$ 71,732
131,666
13,712
22,761
38,370
96,782
W01,509-a)
Compa
- FY 1975
Total Amended 1975-c)
Man Years Amount
$ 90,336-b)
220,000
351, OU9
3,800
11,200
586,Ql+9
$676,385
3 $210, U85
7-3A 222,800
1-1/2 hl,hOO
1/2 11,300
1/8 2^,200
2-1/8 1+3,100
1+ 123,100
19 $676,385
                                              $101,536
(a- Reporting has been on a current year -  FIFO  Basis
(b- Excludes prior year receivable  of $11,200 itemized below
(c- S
                                                                                       Comparison of FY 191k,  1975,  & 1976
                                                                                                    Projected FY 1976
                                                                                                    Man Years  Amount
                                                                                              9-lA
                                                                                              1-1/2

                                                                                                1/2
                                                                                                1/8
                                                                                              2-5/8
                                                                                              U-l/2

                                                                                             23
                                                                                                       $375,000
                                                                                                        376,300
                                                                                                          3,800
                                                                                                        755,100
                                                                                                       $755,100
$252,700
 239,000
  U6,300

  12,600
  26,700
  52,300
 125,500

$755,100
              page
                        for  details
                                                                                          November 21, 19714

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                                                                                         Details of Amended FY 1975
       Table no. 3
Revenue from:
   Prior year carryover

   States
   U.S. EPA Grant
   Miscellaneous Income
   Prior year receivables
           Income
   Totals
Activities:

   Monitoring & Surveillance
   Data Processing & Evalua-
      tion
   Planning
   Criteria, Standards &
      Special Studies
   Enforcement
   Public  Information &
      Liaison
   Administration &
      Executive

   Net program outlays

ORSANCO - Program Plan - FY 1975
FY 1975 Adlusted FY 1975 Addition FY 1975 Additional Req'd
Man Years
2
6-3A
1-1/2
1/2
1/8
1-1/8
3-1/2
15-1/2
Amount jyiaii icaia ^uuuniiu i-n^n j-^-^j.^ - - _-
$ 90,336-a)
220,000 , .
268,200 $56,7^9 $26,100
3,800
11 200
503,200 56,7^9 26,100

$593,536 $56,7^9 $26,100

$159,536 1/2 $2U,8U9 1/2 $26,100
208,700 i iU,ioo
11,300
2l|,200
29,300 1 13,800
119T1QO 1/2 U,000
$<5Q3.536 3 $56,7^9 1/2 $26,100

Total Amended 197_5_
Man Years Amount
$ 90,336
220,000
351,0^9
3,800
11,200
586,0^9
$676,385

3 $210,U85
7-3A 222,800
1-1/2 ltl,^00
1/2 11,300
1/8 21,200
2-1/8 U3,100
U 123,100
19 $676,385
 (a- Excludes  prior  year  receivable of $11,200 itemized below
                                                                                         November 21,

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     Each of the other program items also has a threshold below which its
performance becomes subject to question.  For example, the table shows one
and one-quarter man years of planning time during 197^-   This figure, as
the others on the table, was developed from the time sheet records of the
Commission employees.  The planning item included assistance with Section
303 (e) planning as required for performance by the states pursuant to the
Federal Act, and internal ORSAHCO planning.  This latter comprises staff
time spent considering how policy directives from the Commission of all
kinds were to be implemented and how each of the several ORSA1ICO program
elements should be further developed and administered.  Accordingly, a
very substantial part of the manpower allocation for planning could have
been assigned to the "administrative and executive" category.  It would
seem that no time reflected on the time sheets was spent on the other kinds
of water quality planning called for by the Federal Act or otherwise en-
gaged in by the states, federal agencies, or other public bodies in the
Ohio Basin.

     Even though the time records and the ORSANCO developed tables appear
to warrant this conclusion, our general observation leads us to wonder
whether it is literally accurate and whether consideration of these other
kinds of planning was in fact entirely neglected.  Nevertheless, the point
is a significant one.  ORSANCO presently possesses relatively little plan-
ning capability and, without augmentation of staff in this area, it will
not be able to respond satisfactorily to some of its greatest opportunities
for service.

     We understand that under the revised FY 1975 budget approved on Octo-
ber 25, 197^- two environmental engineers are authorized for addition to
the staff.  One of them is intended to have some responsibilities of a
planning character.  However, this position is not conceived to be that of
a planner per se nor to add anything like a full man year of staff capa-
bility in the water quality planning field.

     The Executive Director appreciates the need to reallocate staff re-
sponsibilities among present employees in order to secure more balanced
coverage of the several program elements already underway or likely to be
added in the near future.  However, even when necessary reassignments are
accomplished, the present staff will not be adequate.  Accordingly, the
intention to add as many as nine positions contemplates movement in an
appropriate direction.  Whether the projected types of new personnel are
the most appropriate ones depends on the scope and emphasis of the Com-
mission's developing program.

     On a small staff, every person must be regarded as a major addition
to overall capability.  However, the Executive Director should not be
thought of as a significant contributor to the operation of any of the
specific program elements.  No matter what his professional or technical
education and experience, his full time should be spent in administering
the Commission.  In OKBANCO's situation, this means both oversight and
direction of staff activities and the greater part of the work in keep-
ing in contact with the commissioners and the higher officialdom of the
                                   -6U-

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member states and EPA.   Thus, in this discussion of staff available for
performance of each of the program elements, no specific assistance is
considered to come from the Executive Director.

     In some respects,  this exclusion of the Director overstates the si-
tuation.  For example,  should ORSANCO undertake to mediate interstate dis-
putes or to participate in negotiations on behalf of the member states
with EPA or the Corps,  it is more than likely that the Director will be
heavily involved.  Nevertheless, it is only safe to consider that the in-
formation and analyses employed by him will have been developed by other
staff members.

     Similarly, the Director is likely to make more public appearances
on behalf of the Commission than anyone else.  His speeches and partici-
pation in meetings or interviews may be regarded as significant contribu-
tions to the information and public relations program.  However, it would
be inappropriate to look upon the Director as the ORSANCO public informa-
tion officer or even to count such time as he may spend in these pursuits
as part of the manpower allotment to a public information program.

     Internal administration of the Commission received primary attention
from the Acting Executive Director, the Business Officer and some signifi-
cant portion of the three person secretarial force.  Undoubtedly others
also spent fractions of their time on administration and this would have
to be taken into account in any detailed manpower study.  However, for the
level of precision required in this discussion, it may be considered that
the two professionals and the three secretaries engaged in general admin-
istration represent a core for such tasks which must be assigned to this
area regardless of the size of the staff and the extent of the ORSANCO pro-
gram.  Expansion or intensification of activities, if very substantial
might require an increase in personnel for the administrative function,
but program cutbacks would not likely make possible a significant reduc-
tion in the present administrative force.

     It can also be assumed that unless ORSANCO becomes a very much larger
organization than at present, relatively little increase in the general
administration category will be necessary to service the internal needs of the
agency  effectively.  In this connection, however, it should be observed
that any major increases in staff will sooner or later require additional
office  space and furnishings.  ORSANCO's present offices can accommodate
only a modest increase in personnel.  Nevertheless, we have not attempted
to estimate costs for such an item.

     The collection, analysis and reporting  of stream data is now the in-
terstate agency's largest activity.   Consequently, most of the staff now
at the  Commission is suitable for such activities.  It would be beyond the
scope of this discussion to consider  what replacements or substitutions
may be  necessary if  some of the personnel presently assigned to this pro-
gram element are shifted to other duties.  Consequently, we will assume that
the present  staff members, or equivalent replacements, now assigned to the
                                   -65-

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 collection,  analysis  and  reporting  of  stream data will  continue to be
 utilized for such purposes.   It  also seems  likely that  most'of the aug-
 mentation of staff  now  planned will "be in this area.  The monitoring strat-
 egy  calls for substantial expansion, but most of ORSANCO's personnel con-
 tribution should involve  field personnel who will spend relatively little
 time at  the  Cincinnati  office.

 Mew  Resources.

      The discussion in  Chapter 3 supports the idea that the stream data pro-
 gram should  continue  to be at the center of Commission  activities.  However,
 a more varied program is  recommended.   It is also urged that ORSANCO rely
 less on  outside contractors and more on its own staff and coordinated under-
 takings  with state  and  EPA personnel for performance of the work.  If ac-
 cepted,  these recommendations would necessitate the addition of kinds of
 staff members not now employed.

      Primarily, the additional need would be for field personnel to survey
 stream conditions by  actually being physically present on the waterways, to
 take and analyze some of  the samples,  and to maintain the automatic moni-
 tors .

      No  hard and fast recommendations  concerning numbers of personnel are
 possible at  this time because much  depends on the negotiated distribution
 of work  among the states, federal agencies and ORSANCO.  Likewise, estimates
 of direct  costs to  the  Commission will vary, depending on the distribution
 of work  in making stream  surveys, taking and analyzing samples, and in op-
 erating  the  robot stations.

      The type of staff  not now possessed by ORSAWCO, but essential to round
 out  the  data gathering  system is field personnel.   These should be kinds
 suitable for performance  of two basic  functions:   visual inspection and man-
 ual  sampling of the waterways, and  routine maintenance of monitoring equip-
 ment.  If ORSAWCO makes arrangements with the states to perform some of the
 wet  chemistry checks  at the more distant monitoring stations it will be pos-
 sible to reduce the interstate agency's needs for additional personnel as-
 signed to maintenance.  As noted in Chapter 3,  it also would be desirable
 for  such ORSAWCO personnel to pay visits to stations in the ORSANCO network
 operated by  others.    This would be  for the purpose of making sure that their
 procedures and performance are such as to supply data consistent in kind and
 quality  with  that obtained from ORSAWCO's own stations.  In addition, some
 of the Commission's  senior professional and technical personnel who now rarely
work outside the Cincinnati office  should pay reasonably frequent visits to
 the  field operations  in order to maintain a comfortable familiarity with them,
 as well  as for purposes of supervision.

     No  effort is made here to calculate how much additional staffing the
 field work of senior personnel would require in the totaling of man years of
 activity for ORSANCO.   The reason is that it is impossible at  this time to
 assess the effect of  such redistribution of present staff assignments that
might be made among  existing personnel in shifting the emphasis of the data
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gathering and analysis functions from essentially office situated work to
a combination of office and field activity.   It is certain,  however that
changes such as those envisaged in Chapter 3 would require the addition of
some personnel whose primary work locations would be in the field.   Indi-
viduals of this kind are not now employed by ORSAJCO.   Some of the present
ORSANCO staff members probably would be capable of performing field work.
However, their training, experience and compensation is more than called
for by the necessary field functions.  Accordingly, it would be an under-
use of their abilities to reassign them in such a way.

     Recognizing all the caveats already stated, one might reasonably con-
sider an ORSANCO field staff of ten.  This would include four sanitarians
with enough education in the sciences to qualify them to inspect and ap-
praise river conditions, and also to be the backbone of the ORSANCO com-
ponent of the intensive stream surveys.  In this connection, it should be
noted that the 1976 projected budget for ORSANCO already envisages three
"field aides" who appear to be fairly close to the salary level, and per-
haps to the qualifications, which we would consider appropriate for the
sanitarians.

     The sampling and maintenance duties of the field force might be served
by two electronic technicians and four semi-professional or semi-technical
fieldmen.

     It should be emphasized that these suggestions are based on the prem-
ise that large parts of the overall data gathering, analysis and report-
ing system will be performed by the states and federal agencies , but with
ORSANCO coordination.  It should also be understood that the personnel in-
volved are not to be considered unipurpose staff members.  To some extent,
they may be used interchangeably on the several aspects of the field opera-
tions.  Their presence in the field would give ORSANCO a dimension to its
program which does not now exist and which could produce great flexibility.

     The yearly operating cost for the field activities here outlined might
total $1^6,^00.  A breakdown of this figure shows a budget allowance of
$58,^00 for the four sanitarians, an estimated $7,000 in travel expenses
which includes gas, tolls, repairs, and finally $5,000 for depreciation of
the vehicles.  The total is $70,^00.  The initial capital cost is estimated
at $20,000 of which $12,000 would be spent on the purchase of the four
motor vehicles and $8,000 on necessary equipment for the motor vehicles.

     To support the maintenance of the remote water monitoring system, two
electronic technicians and four fieldmen would be hired at a yearly salary
operating cost of $60,000.  Travel costs and depreciation for two vans
and two other motor vehicles would account for $U,000 and $12,000 respec-
tively, giving a total of $76,000 for operating costs.  An additional
$18,000 would be needed to purchase and equip the four vehicles.

     Differences in cost between the present ORSANCO stream data program
and the one proposed in this report will depend in part on the amount of
shifting of program emphasis and personnel responsibilities that actually
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occurs.  Some degree of lessened emphasis on robot monitors in favor of
more manual sampling could mean that funds and manpower allotments other-
wise destined for present categories could be used to accomplish parts of
the new or expanded components.

     Much also depends on the proportions of state, federal and ORSANCO
personnel and other resources which will go to make up the cooperative un-
dertakings.  The ORSAWCO budgets and staff allocations will need to re-
flect only the stream data activities being directly performed by the in-
terstate agency.

     The most clearly new item would be the stream surveys to be made by
intensive physical traversal of the waterways in boats.  Judging from the
experience of the Interstate Sanitation Commission in conducting similar
surveys, they could be accomplished for an expenditure of not to exceed
$100,000 per year, if four surveys were done annually.  This figure in-
cludes boat and crew rentals for a sufficient number of days to do the
work.  To the extent that state or federally owned boats can be contri-
buted, the cost could be reduced.   Also, it seems probable that, after
the initial surveys establish a good data base, the number of surveys per
year could be cut back.

     Planning (including stream modeling and the several kinds of activity
discussed in Chapter 3) would require the addition of a kind of personnel
not now on the ORSANCO staff.  It is true that senior professionals now in
ORSAWCO employ have had the kinds of experience on the job and with the
Ohio Basin to engage in some activities of a planning character.  Indeed,
such attention as ORSANCO has been able to devote to Section 303 (e) Plan-
ning, as required of states pursuant to the Federal Act Amendments of 1972,
has been accomplished by persons who are not planners by academic training
or principal work experience.  However, there are limits to what can be
done by pressing staff members into service when their major interests and
responsibilities lie in other necessary fields of interstate agency activity.

     It may be possible to accomplish the stream modeling ingredient of
the proposed planning program with present personnel.  They are engaged in
the work now.   The amount of additional time that they could give to this
aspect of the Commission program depends on the nature and extent of re-
assignments of work responsibilities that may occur in the process of
strengthening ORSAWCO's overall staff activities.  However, nothing addi-
tional is suggested here because we do not anticipate that a significant
increase in time spent on modeling should be projected until some of ORSANCOTs
other needs have been met.

     To coordinate state activities for the Ohio Basin of the several kinds
envisaged by the Federal Act Amendments of 1972 and to make contributions
of a substantive nature to them will require personnel with specific water
resources planning education and experience.  The field is a large one and
could justify more of a staff increment than is presently warranted in view
of other needs.   An addition of two or three such planners in the near fu-
ture is highly desirable.   At current salary scales, this would mean a

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cost of $30,000 to $50,000 annually.

     The addition of, or increase in  the level of activity for any one
or more of the other program elements suggested in Chapter 3 probably
would involve cost factors.  No effort will be made to estimate them
here because they involve variables too numerous to postulate at this
juncture.  Much depends on the kinds  of program elements which the Com-
mission chooses to emphasize and for  which it increases its staff capa-
bilities.  Moreover, the development  of stronger and more varied programs
will itself lead to a readiness to engage in some of the most vital func-
tions of an interstate agency on a more frequent and sustained basis.
For example, a more numerous professional and technical staff will find it
easier to devote time to participate  in the negotiation of interstate
and federal-interstate matters, to undertake project management of re-
search, or to render technical assistance.  Assuming enhanced staff cap-
ability, some increment of these functions could be accomplished as by-
product activities, or by adding only modest costs for limited travel.

Obtaining the Resources.

     In FY 197^ ORSAWCO expenditures  were substantially below income.
This was due to a temporary internal  situation which made the agency less
active than it would normally have been.  As we have seen, the projections
for 1975 and 1976 call for levels of  expenditure which will require about
fifty percent more in appropriations  and grants than ORSANCO has ever re-
ceived in the past.  Moreover, the financial plans approved on October 25,
197^ and the program delineations on  which they are based would fully com-
mit both the funds which ORSANCO might previously have been expected to
receive and the increased support being requested of the states and EPA.
As these pages have shown, the current ORSANCO intention is to expand its
program, although not entirely along  the lines suggested in this report.
Yet, the Commission has also evidenced an intention to reexamine its pro-
gram in the light of this study and to make such changes as in its view
may be warranted.
     The main difference between the plan underlying the October
budget projections and the recommendations contained in this report is
that the former is more closely tied to a continuation of the Commission's
activities in the present mold, albeit with considerable expansion.

     Implementation of the recommendations made in this report could re-
sult in shifts of emphasis in the stream data system, with reductions in
some aspects and increases in others.  The overall program would be a
larger one than the one presently envisaged by the Commission, but the
costs to ORSANCO would not necessarily be commensurately higher.  By re-
directing or only modestly expanding some of their efforts in the Ohio
Basin, the member states and EPA, acting in concert with ORSANCO , could
acieve the more balanced and much more useful program of stream data col-
lection, analysis and use.

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      Nevertheless,  it  must  be recognized that  a program vhich  ascertains
 and Accurately reports the  wider  range  of quality  conditions on  a timely
 basis does  require  a greater  level  of expenditure  than  needed  for a robot
 monitoring  and attendant  data processing operation alone.  We  believe that
 once  the  water quality management agencies, Governors,  State Legislatures
 and EPA are aware of the  differences between the results to be produced by
 the narrower and broader  programs,  it should be possible to demonstrate to
 their satisfaction  the merit  of the more comprehensive  approach.

      There  are two  elements of our  recommendations  which would most clear-
 ly  result in greater direct expenditures by ORSANCO.  These are  the diver-
 sification  or enrichment  of program to be carried  on by  ORSANCO  itself and
 the extension of the interstate agency's activities to  include the tribu-
 taries  on a more regular  and  consistent  basis.   The former is  emphasized
 in  Chapter  3 and the latter receives attention  in  Chapter 7.  But even
 these new or broadened activities are not necessarily to be regarded as
 costs that  would not otherwise be incurred.

      In a number of  instances, the program recommendations are for activ-
 ities which will be  performed to implement the Federal Act Amendments of
 1972.   As a practical matter, states will find it necessary to perform
 many  of them with their own funds.  Federal grants will provide only part
 of  the cost.  Where  interstate agency performance is less expensive,  more
 convenient,  or productive of a superior result, entrusting the activity
wholly or partly to ORSANCO may actually accomplish a saving or return
 the best value.  Where the alternative is EPA or other federal agency per-
 formance,  the advantages of ORSANCO  participation may be financial,  ad-
ministrative, or in the promotion of better intergovernmental cooperation.
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                               CHAPTER 6

                    Staff,  Committees and Commission
Staff.
     When this study began in May 197'+5  the Commission had thirteen em-
ployees, including one temporary and a long time senior employee who was
Acting Director.

     Of course, with so small a work force, it would be fictional to con-
struct a table of organization that showed each person confined to one
type of activity or even to those most suitable for his or her training
and experience.  But among them, they either were doing all that ORSANCO
accomplished or they had to find such ways as they could of supplementing
their input.

     On August 15, 197^ a new Director assumed his duties.  Early in 1975
an information specialist was added.  Thus, at the time of this report,
the staff totals fifteen;  it has never been larger.

     It must be borne in mind that ORSANCO is not intended to carry the
basic responsibility, and certainly not the complete onus, for water qual-
ity management throughout the Basin.  Nevertheless, even the conduct of
the present ORSANCO programs at reasonable levels of performance requires
greater professional and technical time and more supporting personnel ac-
tivity than a staff of the present size can possibly provide.

     The situation places the staff, and ultimately the Commission, in an
unfair position.  By purporting to run a program which tells everyone al-
most everything they might wish or need to know about water quality condi-
tions on the Ohio, ORSANCO is placed in the position of embracing more
than it can be expected to achieve.  It has sometimes attempted to appear
to do miraculous things and hope that they will be accepted as authorita-
tive because they constitute the best that can be done under very limiting
circumstances.

     A belief that the system is doing more than in fact it can, stands  in
the way of improvement.  Thus, it may be difficult to persuade the states
and others that the expansion called for in the recent staff report on
monitoring strategy, to say nothing of other meritorious changes, should
be made.

     For example, it has been explained to us that the policy of contrac-
ting out several of the agency's key operations is an advantage because
it permits flexibility.  This method of operating avoids building up  a
staff  of a particular kind which might not be suitable if ORSANCO's work
should undergo a change in emphasis.  Even  so,  a degree of  inflexible spe-
cialization has been produced by the need  for several computer personnel
who cannot readily  share  in other work.

     Nevertheless,  this may be  so  as  a generalization, but  it leaves  the
Commission with a  staff whose capabilities  are  too  narrowly restricted.
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 Contracting.

      Contracting out the maintenance of the robot monitors makes ORSANCO
 completely dependent on the contractor.  If there are no staff members
 who can regularly make visits to the monitoring installations and only
 one or two with training and experience that would permit them to eval-
 uate what they might see on inspection, the Commission itself is in a
 poorer position to understand its own system, to develop improvements
 in it, or even to check on the service received from the contractor.

      This may be a particularly opportune time to reassess the contrac-
 ting policy.  Now that expansion of the monitoring network is being sought,
 an increased volume of activity may be anticipated.   It is generally the
 case that an operation becomes more feasible in-house as its  size and
 frequency increases.

      Of course, this  is not to say that contracting  is an inappropriate
 practice, or even that services received from present contractors are un-
 satisfactory.   Many of the program elements suggested in Chapter 3  un-
 doubtedly would require the services  of contractors.   However,  the  Com-
 mission staff should  keep intimate control over  ORSAWCO's  key operations.
 This is most likely to be achieved on an in-house basis.

 Use of Committees.

      Another device which has  been used to supply resources not  possessed
 on a staff basis  is the extensive  use of committees.   As will be pointed
 out shortly,  this  is  not  the only  purpose for  their utilization.  However,
 it has been  an  important  consideration.

      Preparation  of industrial waste  control manuals  produced by  ORSANCO
 in past years is  a  good case in point.   Each such publication was developed
 by a committee  composed of members  of the industry concerned.  Undoubtedly,
 this brought  a  great  storehouse of  expertise to the Commission at little or
 no expense.  But  for  a  public  agency  to  depend so  heavily on the  interests
 subject to regulation  could make ORSANCO  vulnerable to  criticism.  Some
 might  look askance  at placing  the  imprimatur of a  public agency on treat-
 ment practice manuals prepared  by  such  sources, especially if they had rea-
 son to know that available technical  supervision  or evaluation from the
 staff  was  limited.

     ORSANCO also uses  a  committee  for its work on aquatic life resources.
 In  this  instance, the membership of the committee  is recruited from per-
 sons who are experts in the field and who do not appear to have any affilia-
 tions  of kinds that would be open to question.  However, the formulation of
 a very  limited program and the financial situation is such that the commit-
 tee meets only several times a year and is remunerated only for days in at-
 tendance at meetings, including travel expenses.   We understand that indivi-
 dual committee members do some work in the intervals between meetings on an
uncompensated basis.
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     However, it is difficult to see how ORSMCO can sustain a meaningful
effort relating to the problems of aquatic life on the Ohio in this  way.
The problem is compounded by the fact that the members of the committee  are
regularly resident and employed outside the Basin and so are unlikely to
maintain an intimate knowledge of the river system and its environs.   This
limitation is mitigated only in part by the practice of selecting the Com-
mittee from among persons who have spent previous parts of their careers
in the Basin.  However, the committee approach would be only somewhat less
undesirable as ORSMCO' s principal reliance if its members were resident
in the Basin.

     The usual function of committees composed of persons not otherwise
associated with a public agency is to provide advice and to help keep the
agency informed of interest group opinion.  Some of them may furnish in-
formation which lightens the tasks of the staff and which provides the
agency's governing authority with parts of the background useful to the
consideration of policy issues.  However, the extent to which ORSMCO has
relied on such inputs in the past as substitutes for or major supplementa-
tion of staff work is open to question.

     This is even truer now than during the 1950s and 1960s.  At that
time, interest representation on the governing boards of agencies charged
with regulation of water pollution was widespread and generally accepted.
In more recent times, however, such representation has become less custom-
ary because  of the feeling that it interferes with the objectivity of the
public agency.  Whether or not this has ever been so in ORSMCO' s case is
not now relevant.  However, the development of a staff that can itself do
the agency's work  is vital.  The importance of public confidence in ORSMCO's
impartiality is beyond question.  It should be emphasized that these ob-
servations are  in  no way intended as disapproval of the full use of advi-
sory c'ommittees provided only that they are employed in ways customary for
such bodies.

     The kind  of  committee structure ORSMCO  should have  depends on the
kind of agency  it  is to be.  If ORSMCO adopts the premises underlying
this report, and  if its programs develop  along  some of the  lines proposed
here, ORSMCO  will be  a fact finding, planning  and coordinating agency.
Its data and views will have an effect  on the regulatory  policies and ac-
tions of state  and federal agencies, but  its  own direct regulatory  functions
will be of a standby  character and will come  into play  only occasionally.

Commissioners.

      Each participating  state  and  federal jurisdiction  selects  its  own
three ORSANCO  commissioners  according  to  its  own  laws  and appointment pol-
 icies.  The  patterns  vary,  and the  exercise of  executive  discretion  in  the
 several  jurisdictions  can produce  a shift in  the  kinds  of members who com-
pose  the Commission  as a whole.   There is a considerable  variety which,
 at least  if  one judges from member  affiliations,  produces a mixture of  re-
presentative qualities.   The largest single group  is  of officials who hold
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 full-time positions in the state and federal governments and whose respon-
 sibilities are directly in the field of water resources and environmental
 matters.  The citizen commissioners are and have "been variously drawn  from
 academic life and industry.   Presently, and for the first time  in the  Com-
 mission's history,  one commissioner is the operator of a public treatment
 plant and another is a representative of a state League of Women Voters.
 Accordingly,  there  is at least some representation from officialdom, spe-
 cial interest groups, and the general public.

      Two of the present intergovernmental commissions having water quality
 management responsibilities  are federal-interstate compact agencies.   This
 means that their compacts (those for the Delaware and Susquehanna River
 Basin Commissions)  have been enacted by Congress as federal laws instead
 of merely being consented to by Congress in the manner of most  interstate
 compacts.   Another  consequence is that the United States is a full party
 and has a vote equal to that of a party state.

      As the Delaware and Susquehanna River Basin Compacts are much broader
 in scope than the ORSANCO Compact and include  regulatory powers  of kinds
 that could not be effective  unless embodied in federal as well  as  state
 law, the status of  federal-interstate compact  rather  than merely of inter-
 state compact seems appropriate to their needs.   In ORSANCO's case, however,
 much of the effect  of a federal-interstate compact  is achieved  in  practice
 by the presence of  the three federal commissioners.   This  is  the  same vot-
 ing strength  as that of a party state,  except  that  the compact  excludes the
 federal commissioners from voting on the taking  of  enforcement action.   Per-
 haps even  more important  than  the vote  is the  fact  that  the  federal commis-
 sioner who represents EPA takes  an active part,  both  in  the  Commission and
 on its Engineering  Committee,

      It remains  to  be considered  what kind  of a  body  ORSANCO proposes to be
 and on that basis,  to determine what the  Commission itself  and its commit-
 tee structure should expect  their  roles  to  be.

      Our suggested  answer  to the  first part of the  question has already been
 given.   ORSAICO  has  its greatest  opportunities for  service as a fact find-
 ing,  planning and coordinating mechanism.   For this purpose, a commission
 composed partly  of  state  and federal environmental officials and partly of
 properly chosen  representatives of key elements of the public is quite
 suitable.  However,  the commissioners themselves are not likely to present
 an  ideal distribution of persons who ca.n represent or reflect in sufficient
 depth all  of  these points  of view.

      Further, the commissioners, if they act only through attendance at
 and participation in  commission meetings, are not likely to have a deter-
minative impact on the work of the agency.  A one-day meeting held three
times  a year  does not give a commissioner more than a cursory acquaintance
with the problems and activities of ORSANCO.  On the other hand, it may be
unrealistic to expect much more from individuals who are unpaid  citizen
representatives.  The public  official members, whose service on  ORSANCO is
 in the nature of ex officio duty, may be expected to devote considerably
more time, and a number of them do.  However, this fact alone gives the
 several kinds of commission members unequal influence.

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     The position and use of committees can help to redress  the  balance,
at least so far as giving full exposure to the points of view of the  varied
constituency.

     For this purpose, a proliferation of committees is  not  now  necessary.
A stream monitoring program, for example, does not require an industry-by-
industry examination of problems.   Although the kinds of planning and co-
ordination that ORSANCO is most likely to be doing will  benefit  from  a
broad information base, they too are unlikely to require a continuous re-
view from individual forms of manufacturing enterprise.   The only foresee-
able exception appears to be in the field of energy.  The need dramatical-
ly to expand energy sources, and the pressures which this is virtually
certain to put on coal production,  as well as the use of all fossil fuels
and nuclear materials, argue strongly for the rearrangement  of some of the
present ORSANCO committee organization to establish an Energy Committee
which would encompass both mining and power generating activities.  The
other industrial pursuits could be represented on a consolidated Industry
Committee.

     An interest group which has not generally been considered by pollu-
tion control agencies is Agriculture.  In the past, it has not been thought
important to do so because Agriculture is not usually identified with
point sources.  However, there would seem to be at least two reasons  why
an advisory committee on Agriculture might be merited.  One  is that farmers
are water users.  Especially as supplemental irrigation  grows in the  more
humid parts of the country, farmers will become increasingly concerned
with the quality of water in streams in much the same way as industrial
users.  Secondly, if ORSANCO should decide to interest itself in the  prob-
lems of nonpoint sources, Agriculture will be an important consideration.
Under such circumstances, farm interests should have an  input to Commis-
sion deliberation.

     Another kind of interest which ORSANCO has constantly dealt with is
that of local government.  Cities, counties, and special districts are re-
sponsible for the collection and treatment of wastes, including  their dis-
posal.  While the Commission itself presently has one member who is respon-
sible for a local treatment system, the interests of local government in
the quality of the Ohio are substantial and diverse enough to merit the
kind of recognition that an advisory committee would accord.

     Then there is the question of input from the general public.  This is
always difficult to obtain in a truly comprehensive fashion  because most
members of the general public are inarticulate or not sufficiently informed
to present views on water quality issues in specific or  tangible form.
However, a committee that would have membership from civic  organizations
which display interests in water and from recreational interests could
round out a balanced network of contacts for ORSANCO with the Ohio Basin
community.  ORSANCO already has such an advisory committee  but needs  to
develop further its input.

     If one of the aforementioned committees is inappropriate to consider
a particular problem needing attention, the special committee device  could
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  be employed.   However,  it  is  our belief that  the proposed number  and  kinds
  of advisory committees  would  cover the desirable range  of'ORSANCO's public
  contacts.

       Another  reason to  keep the  number of  regularly  functioning committees
  at a_minimum  is  that, in order to be most  effective,  each committee should
  receive  regular  staff services from and meet  with an appropriate  senior
  staff member.  In  some  instances,  it also  might  be desirable to place Com-
  mission  members  on one  or  another of the committees.  There is precedent
  for  this because at  times  in  the  past  ORSMCO did designate a commissioner
  as liaison  member  on industry committees.

       However,  if either or both of  these practices are to be followed  a
  large number  of  committees would  place unreasonable burdens on staff time
  on Commission members, or both.                                          '

  Engineering Committee.

       The Commission also has an internal committee structure for the con-
  sideration of such matters as policy,  finance, and engineering matters.
  inese are composed of Commission members and,  in the case of the Engineer-
  ing Committee, of a mixture of members  and senior state and federal agency
 personnel having water  resources  responsibilities.  Most of these  commit-
 tees require no special  comment in this report.   However, the  Engineering
 Committee holds a special  place and does merit discussion.

      There is  a feeling  on  the part of  some ORSMCO  commissioners  and
 among others who  have occasion to observe the  Commission's workings that
 the Engineering Committee has  at  times  become  the principal policy organ
 of ORSMCO  and that its  meetings  have sometimes made  the important deci-
 sions.  Those  who express this point of view go further  and assert that
 the Commission is merely a  proforma ratifying  body to make official what
 the Engineering Committee has  decided.

      These sentiments are reported here,  not because they  are necessarily
 correct,  but because the Engineering Committee has over  a long period of
 years been the place where  substantive  issues  of  water quality management
 on the Ohio  are most  thoroughly discussed.   As such,  they have provided a
 T™irnr  P^Ce ^^ the  Commission meetings to acquire an understanding
 of ORSMCO activities and of the views  of the  states  concerning the inter-
 state agency's  role and program.

  _    Perhaps "Engineering"  is not  appropriately descriptive of the Com-
 mittee s  scope.   The rationale for the title is that the  Committee is
 concerned with technical matters of  sanitary engineering  and related dis-
 ciplines having to  do with water pollution control.  However, because its
members are administrative heads or representatives of state water pollu-
 tion  control agencies, EPA,  the Department of the Interior and the Corps,
the Engineering Committee has considered water  quality problems and pro-
grams more broadly than  in terms of scientific  or  technical aspects/

     This report has emphasized the importance  of  coordination  as a func-
tion for ORSANCO.   It has been pointed  out that this  is a need  on a federal-
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state as well as on an interstate basis.

     The Engineering Committee is one of the mechanisms that is available
for the furtherance of coordination.   But one important element is lacking.
Region 5 of EPA is present because its Director is an ORSANCO commissioner
and has taken an interest in the Engineering Committee as well as in the
Commission itself.  This might encourage the supposition that all of EPA
is thus effectively represented because,  within that agency, Region 5 has
been considered to have the principal role in dealing with ORSANCO.  How-
ever, the coordination of policies and actions of the several EPA regions
as they affect the various parts of the Ohio Basin is not achieveable by
or through Region 5-  For this reason, it is suggested that consideration
be given to representation of all four EPA regions on the Engineering
Committee.  In matters where voting is important, such a course might make
it necessary to conform the EPA vote to its proportionate place on the
Commission.  However, it seldom becomes a question of totaling up the for-
mal affirmatives and negatives.  As members of the Committee, all four
EPA regions, the Corps, the Interior Department and the eight-state water
quality agencies could come together for the resolution of common matters.
It is recognized that the ORSANCO Compact is generally viewed primarily
as an interstate coordinating mechanism.   However, the participation of
the three federal commissioners which is pursuant to direct provision of
the Compact suggests that ORSANCO was also conceived in federal-state
terms, although it seems doubtful that during the 1930s and 19UOs there
was any real conception of the pattern of federal-state relations that
has since developed.

Source of Initiative.

     The relationship of the Commission, its staff, and the committee
structure is important for a variety of reasons.  It is elementary that
the Commission is the governing board and that the other organs provide
means of informing it or getting its work done.  But there is more to
it.

     A vital question in determining ORSANCO's role is where the ideas
and initiatives for the interstate agency's functions and program are to
come from.  In any given Instance, the source could be almost anywhere.
Even a suggestion volunteered by an outsider might strike fertile ground.
However, the environment in which ORSANCO lives makes it more likely that
its shape and progress will be powered by some engines more than by others.

     EPA carries a large persuader in the form of its program grants.  Its
importance as the administrator and interpreter of the crucial federal
water pollution control law also should be emphasized.

     The states are vital to ORSANCO because the compact is state law and
because each of them contributes funds.  But if ORSANCO is to prosper, the
staff must be the primary engine for the development of the agency's role;
for the identification of new program possibilities;  and for the presen-
tation of them in ways that will win approval from the commissioners, the
states and EPA.
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      The commissioners  are part-time  officials whose principal interests
 lie elsewhere,  either in  the  state  agencies which they serve full time
 or  in the private pursuits from which they draw their livelihoods.  It is
 not to denigrate their  interest and helpfulness to say that most of the
 time they are not concerned with ORSAWCO at all.

      This is at least as  true of the  members of advisory committees.  Each
 such member may serve because of private or personal motivations which
 lead to a concern with  public machinery for water quality management on
 the Ohio.  But, except  by accident, none is likely to have the knowledge
 or  the perseverance to  formulate and  develop program plans for the inter-
 state agency.

      Unlike any of ORSAWCO's components, the staff is continuously on the
 job  and,  unlike any other component,  the professional and personal welfare
 of  the staff is more affected by the  course the agency takes.   The staff
 is  legally controlled by the Commission and its constituents.   Moreover,
 this  is as it should be.  But unless the staff informs,  persuades and pro-
 poses,  no one else is likely to think of uses for ORSAHCO.

     This is yet another reason why the present chapter  began  by  consider-
 ing the condition of the staff.   Size means expense.   But insufficient
 size means a lack of time to think and analyze and an absence  of  the di-
verse  skills and points  of view essential to  identify the agency's  proper
missions and implement them with imagination.
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                                CHAPTER 7

              The Interests of Participating Jurisdictions


     Many of the interests of the eight states and the federal government
in managing water quality in the Ohio Basin are held in common.   So are
some of the values which they may hope to obtain from an interstate agen-
cy.  However, the various jurisdictions are bound to view the river system
from their own geographic position on it and in terms of its relationship
to their overall needs and responsibilities.

     Each of the states and the United States, therefore, have differing
stakes in ORSANCO.  Nevertheless, in this analysis, it is helpful to group
the participants and then to examine such individual differences  as may be
significant.  Five states (Pennsylvania, West Virginia, Kentucky, Ohio
and Indiana) may be regarded as having the largest concerns.  They are  on
the main stem.  This waterway and its tributaries within or bordering their
territory constitute major resources associated with large parts  of their
geographic area.  The United States may be similarly regarded in  that it
has jurisdiction over and responsibilities for the whole Basin, but impor-
tant though the Ohio may be, it is only a small part of the nation's total
water resources.

     New York, Virginia and Illinois have a less intense interest in the
problems of the main stem of the Ohio.  In the case of the first  two states,
their presence is only on tributary or headwater streams.  Illinois bor-
ders the lower part of the main stem, but in a sparsely populated area.

     The actual or potential value of ORSANCO to the member states and
the United States can be properly judged only by examining the present  and
possible future programs of the interstate agency.  Substantiated opinions
can then be formed as to whether the services rendered or proposed are
worthwhile and who will benefit from them.  Such a discussion of  program
components appears in Chapter 3.

     The first fact to be considered is that ORSANCO is comparatively lit-
tle known.  This may not be recognized by those whose professional activi-
ties bring them into fairly frequent contact with ORSANCO or by sanitary
engineers and other water resources specialists who have learned  of ORSANCO
through the technical literature.  Nonetheless, it is true that very few
of the people on the street have ever heard of ORSANCO.  Even the present
cadre of state and federal officials who, by reason of their work responsi-
bilities, might be thoughtto have some interest in the condition  of the
Ohio Basin, if taken as a group, know relatively little about this inter-
state agency.  Undoubtedly, this situation will change if ORSANCO increases
its level of activity and diversifies its programs.  However, it  is de-
sirable to reexamine the ORSANCO clientele and the geographic focus of  the
agency's activities.

     The district over which the Compact gives ORSANCO jurisdiction in-
cludes the entire Basin, aside from the bulk of the Tennessee and Cumber-
land watersheds.  Yet, it seems to have been the predominant view that
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 the interstate  agency  should  "be  concerned  almost  exclusively with the
 Ohio River  from Pittsburgh  to Cairo,  and with  its tributaries  only to
 the extent  that water  quality conditions in  them  demonstrably  affect
 water quality in the main stem.  Whether correctly or not,  in  most cases
 that has  been taken to mean that ORSANCO should concern  itself only in
 short stretches of particular tributaries  immediately above the conflu-
 ence with the main stem.

      Of course, this approach has not been followed with complete con-
 sistency.   At various  times ORSANCO has been involved with  studies on
 the Allegheny,  Mahoning, Monongahela, Muskingum and the  Wabash.  Most
 recently, the assumption of responsibility for the Allegheny River moni-
 toring stations originally  installed  by the  Corps is an  undertaking far
 removed from the main  River.   Nevertheless,  with  relatively few excep-
 tions, the  proposition has  been accepted by  ORSANCO for  some years.

      Geographic and hydrologic circumstances will continue  to  argue for
 more involvement of the interstate agency  on the  main stem  than else-
 where.  Nevertheless,  we believe that more attention should be  paid to
 the tributaries and the headwater rivers than has  heretofore been the case.
 Certainly,  ORSANCO should concern itself with those tributaries which are
 interstate  in character and with those which have  or may have  a signifi-
 cant influence  on the  main  stem.  The reasons for  this view will become
 apparent  from an examination  of the values of the  interstate agency with
 respect to  both the narrower  and the broader concepts of its responsibil-
 ities .

 General Values.

     The  interstate agency  has functioned as a forum for the sharing of
 information and experience.    Our interviews  in each of the  eight states
 have testified  to this point  in greater or less degree.   The performance
 of  this function  has not been necessarily limited  to the specific areas
 for  which ORSANCO gathers data, exhibits interest  in enforcement, or for
 whose benefit it  seeks to influence the flow regimen.

     The work of the Industry Advisory Committees has been  frequently
mentioned in this connection.   During the 1950s and 1960s, they undertook
 studies and prepared manuals on waste problems and  treatment methods which
were considered valuable sources of information by  all the  states.   The
materials were not necessarily limited in their utility to  industries and
 regulatory agencies on the main stem of the Ohio,  nor even to the Ohio
Valley as a whole.  Indeed,  interest in them was sometimes international.

     It is of continuing benefit to the administrators of the eight  states
to meet periodically.   When they do so, they gain knowledge of each  other's
problems and attitudes.  It  is true that some other organizations (notably
the Association  of State and Interstate Water Pollution  Control Administra-
tors) offer somewhat  similar opportunities.  However,  they do so only once
a year and on a  nationwide basis which makes  the contact more general,  and
perhaps even more casual.
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     Virginia, New York and Illinois, for example, have only limited re-
gional forums in which all can share experiences.   For two of these three
states, the Great Lakes Commission created by interstate compact and the
Great Lakes Basin Commission established under Title 2 of the Water Resources
Planning Act might serve similar purposes.  But they do so only slightly.
Because the focus of neither agency is specifically on water quality, the
state pollution control administrators do not often attend their meetings,
and in any event, each lake is in many respects a separate entity.

     Some of the activities discussed in Chapter 3 will have value  for all
member states, regardless of the specific areas at which they are directed.
For example, it has already been pointed out that  the registry of deep wells
can be used for comparative purposes as well as for information on  parti-
cular injection sites.  Also, if ORSANCO were to engage in the sponsoring
of research, the findings, in most cases, would have a basinwide application
or even a broader significance.   Presumably, members representing states
not on the main stem would have a voice in selecting the projects and so
could influence choices so that they would be of regionwide or general in-
terest.

     The problem of federal-state coordination also is one which has broader
significance for the member states than the geographic limits of the Ohio
Basin.  Each of the eight states can benefit from exchange of views on the
policies and attitudes of three other EPA regional offices serving  different
sectors of the Basin.  Thus, they may acquire some insights which will as-
sist them in negotiations with their own EPA regional organizations.

     There is also a value to membership in an organization which affords
continuing information as to developments and attitudes in other parts of
a Basin which the state shares.   If interstate allocation of waste  loadings
becomes appropriate, or if planning to forestall its necessity is undertaken,
all of the eight states may be concerned to assure that the equities are
properly considered and balanced.

     Further, if flow regulation for quality purposes is much developed for
the benefit of the main River, control of withdrawals, diversions and re-
leases is likely to be practiced in the headwaters and far up the tribu-
taries as well as closer to the main stem.  All states would want to have
a voice in this process.

Specific Values.

     Other values of participation in ORSANCO depend on the agency's pro-
grams being applied to particular parts of the Basin.  Accordingly, it is
difficult to look further at ORSAWCO from the point of view of each of the
member states and of EPA without determining whether the Commission will be
active in:  all parts of the Basin, on the Allegheny and Monongahela and
the main stem of the Ohio River only, or on the Ohio River and some other
selected tributaries.  Before proceeding to discuss each of these alterna-
tives, some observations on the significance of the compact under present
circumstances for New York, Virginia and Illinois  are in order.
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      At present budget conditions, New York contributes $2,332 annually to
 ORSANCO, and Virginia's share is $7,52^.  It does not require much service
 from the interstate agency to make such expenditures worthwhile.   Contacts
 with the other states in the Basin, the availability of a forum in which
 regional problems can be discussed, and even an occasional gain of informa-
 tion or insight is sufficient to more than justify this kind of cost.

      Perhaps of more significance is the amount of staff time which any
 member state should spend in examining ORSANCO documents and attending
 ORSANCO meetings, if participation is to be fruitful.   Under present cir-
 cumstances, this does not amount to more than a few days a year and thus
 represents a minimal internal cost.

      In view of the relatively small amount of specific attention paid
 to the New York and Virginia portions of the Basin in  the past, we sought
 to ascertain whether either state had ever requested services of  the in-
 terstate agency that were not forthcoming or suggested any alterations in
 its program for the purpose of increasing ORSANCO activity in ways that
 they would consider beneficial to them.   No such requests ever appear  to
 have been made.

      Illinois is in a slightly different category from the two headwaters
 states.   It is  at the lower end of the Basin and thus  the recipient  of
 whatever pollution finds  its  way into the river  system and has not been
 dissipated in the journey downstream.  However,  because its  percentage of
 the basin budget is  small,  Illinois currently contributes  only $11,088.
 This  sum is greater  than  either New York or  Virginia but  is  still  not  in
 a  range  that would require  much in the way of benefits  to  justify  the  pur-
 chase price.  Indeed,  being a party to the compact  obligations that  pledge
 the upstream states  to control and abate pollution  in  the  waters which
 sooner or later  reach  Illinois,  is  itself worth  something.   In this  sense,
 the existence of an  active  regional forum in  which  Illinois  can regularly
 make  known  its desires with respect to water  quality management on the
 Ohio  River  is a  positive  advantage.

 The ORSANCO Program Area.

      The  several  alternatives  of geographic area  in which  ORSANCO  should
 concentrate its  activities  have often been in the minds of the  people most
 intimately  associated  with  the  interstate  agency.  However, the reasons
 for choosing  one  or another are seldom articulated.  Consequently, even
 identifying them  accurately and fairly may be open to some contrariety of
 opinion.  Nevertheless, an  analysis of the geographic focus of  ORSANCO at-
 tention must  present them as the analyst perceives the problems.

     The proposition which  seems to have widest adherence among the member
 states is that ORSANCO should concentrate its activities on the main stem
 from Pittsburgh to Cairo.   It should concern itself with tributaries only
 for short distances above their confluence with the main stem, and then
 only where  it can be easily demonstrated that conditions are such as to
markedly affect the Ohio River.  Since the compact gives ORSAWCO jurisdiction
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over the entire river system within the member states,  the  justifications
for this narrower definition of the area of active interest must  "be examined.

     One explanation is that the main stem is  nearly one thousand miles  long
and is a big enough bite for ORSANCO to chew.   Given the interstate agency's
present and past resources and its distribution of them among and within its
several program activities, there has been little opportunity or  substance to
devote to matters off the main stem.

     Another consideration is that nobody really loves  a policeman.  While
interstate accountability is one of the primary reasons for the compact, the
states are understandably sometimes ambivalent toward the forms it might
take.  This is especially to be considered in the light of the enforcement
powers which bulk so large in the language of the compact.   Even though
ORSANCO has in fact participated only marginally as a direct enforcement
agent, there may have been a certain amount of concern over the possibility
that it might do so and that, in such circumstances, it would be better  to
keep the interstate agency off the tributaries.  The state agencies tend to
regard many of these as intrastate waters, even though they are parts of an
interstate system.

     The view that ORSANCO could fully occupy itself on the main River if
it chooses to do so is sound enough.  Anything like full implementation of
the program possibilities discussed in Chapter 3 would require much more
staff and money than ORSANCO is likely to have for some time to come.

     On the other hand, such a geographic focus of attention restricts the
value of the agency for the two states not on the main stem.  While they
have not articulated complaints, the absence of protest should not be taken
as approval.  No Virginia commissioner has appeared at an ORSANCO meeting
for  several years.  Contact with that  state has been limited almost entirely
to participation of a Virginia member  on the Engineering Committee.

     Moreover, the hydrologic interdependence of the several parts of the
entire  river system  is more than a  slogan.  As noted elsewhere in  this re-
port,  some pollutants  such as acid  mine wastes and salts do  spread their
influence for hundreds of miles from the point of discharge.  Indeed, as
the  entire river  system comes to be more intensively monitored and as pres-
sures  on waters  of the Basin become greater,  additional interrelationships
may  come to light or become much more  significant than they  were thought
to be.

      If stream flow  regulation  for  quality purposes  is  seriously under-
taken,  the  involvement  of  headwaters,  streams  and tributaries will become
 essential.  This  is  already  indicated  by  ORSANCO's  assumption  of  responsi-
bility for  the  Allegheny  River  monitors  originally  installed by  the  Corps.

      Indeed,  the service  orientation of present  and possible future  ORSANCO
programs does  not justify uneasiness on the part  of  those  who  have felt un-
 comfortable toward  the admission of a potential new enforcer in  their midst.
There may be  genuine questions  as to how many and what kinds of  burdens
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 ORSANCO  can  assume  at  any given time.  However, virtually all of the
 things that  ORSANCO is likely to do  in coming years are informational,
 analytical and  coordinative rather than  directly regulatory.  So long
 as  the ultimate policy decisions as  to enforcement under Public Law
 92-500 are left for the  individual states or federal agencies, all con-
 cerned should be benefited by the activities of a more vigorous ORSANCO.

      Finally, it should  be observed  that ever since the "conference pro-
 cedures"  of  the 1956 Federal Water Pollution Control Act came into opera-
 tion, and certainly now  that the Basin must take account of federal EPA
 powers under the 1972  Act, it becomes unrealistic to look askance at the
 possibility  of  ORSANCO assistance on the tributaries.  Both EPA and the
 member states could be well served by the application of ORSANCO services
 that  might on occasion prevent problems  from arising or could resolve
 them  without the need  for the most forceful kinds of federal intervention.
 This  is as true of  problems on tributaries as of those on the main River,
 provided  only that  they  have some interstate aspect.

      In the  course  of  this discussion, most of the advantages and disad-
 vantages  of  ORSANCO  activities comprehending more than the Ohio River and
 immediately  adjacent portions of tributaries have been mentioned.   How-
 ever, some additional  observations should be made.

      In our  view, the  chief concern  is the enlarged scope of ORSANCO tasks
 which would  involve  increased funding and staff.  The participating jur-
 isdictions will determine what resources they wish to make available.   But
 attempting to project what may be possible is not a simple task.   Reactions
 may depend on appraisal  of the value of such new or expanded programs  as
 the interstate  agency  could offer.

      An increase in monitoring and stream survey activity to include seg-
 ments of the Basin not now served may involve expense that sooner  or la-
 ter someone will find  it necessary or justifiable to afford.  To the ex-
 tent  that ORSANCO undertakes it, others will be spared the effort.   More-
 over, it  is better to have a basinwide monitoring and survey program from
 which the maximum information can be ascertained about interrelationships
 than  to have compartmentalized data collection and analyses  which  develop
 data  only for individual state segments of the river system.

      Further, it should be emphasized that in considering a  basinwide  mon-
 itoring and  stream survey program, it is  not necessary to presume  direct
 ORSANCO operation of the entire undertaking.   There could be any number of
 patterns of ORSMCO-state-federal agency  performance.   The most  important
 thing would be to have a single network,  well coordinated and integrated
 into  a meaningful whole.   ORSANCO might operate the entire system  or it
might be part operator and part coordinator.

     Most of the other activities in  which ORSANCO might engage  do  not
require its  physical presence  on a continuous basis everywhere on  the
Ohio River system.   This  may be illustrated by an interstate agency's  role
in mediating or  otherwise helping to  solve a specific  interstate problem.
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     There does not appear to be any inevitable reason why ORSANCO  ser-
vices in fact finding on the New-Kanawha rivers shared by Virginia  and
West Virginia would be less worthwhile or essentially different  from
those which it might perform for states on opposite banks of the Ohio
River.

     Nor is the need for promoting the coordination of EPA regions  con-
fined to the Ohio River proper.   The Allegheny flows from Region 2  to
Region 3 in two separate meanderings.  The New-Kanawha rivers are shared
by Regions 3 and h.  The Mahoning is a problem for Ohio,  Pennsylvania
as well as EPA Regions 3 and 5-

     It may be argued, however,  that an eight-state agency is not a
suitable participant in a subregional problem.  But there is no  real
reason to believe this is so.

     Some interstate agreements, of which the Potomac River and  Atlantic
States Marine Fisheries Compacts are examples, authorize  the establish-
ment of "sections" for the consideration of problems of primary  concern
to some of the member jurisdictions but not to all.  Thus, the Atlantic
States Marine Fisheries Commission has maintained a North Atlantic  Sec-
tion, a Middle Atlantic Section, a Chesapeake Section, and a South At-
lantic Section—each coincident with a group of migratory fisheries
which do not significantly overlap into the other geographic regions.
However, this degree of formalization is not really necessary to the
separate consideration by the interstate agency, or some  of its  members,
of problems which are of peculiar concern to them alone.   This is es-
pecially true where the functions involved are service or mediation or-
iented.  Commission votes are not likely to be important  in such situa-
tions.  Accordingly, there should be no legal or practical barrier to
ORSANCO staff or members dealing with matters which are of less  than
universal impact.  Indeed, this is frequently the case even on the main
stem.

      In individual instances, the states involved may prefer direct con-
tact  between themselves and may have little need for a third party—even
one to which they both belong.  Where this is  so, there is no virtue  in
soliciting the  intervention of ORSANCO merely to find things for the  in-
terstate agency to do.  However, where ORSANCO programs have given the
interstate agency  special knowledge  or competence, or where it could be
the  convenient vehicle for performing or procuring a study of a bistate
problem, it  should not be dismissed  merely because the area in question
involves a tributary rather than the main stem.

      On occasion,  the Commission has recognized the validity of this  pro-
position.  In  addition to the already mentioned studies  on tributaries
and  recent assumption of responsibility  for the Allegheny River monitors,
one  may cite the preferred  lead agency role in the  Ohio  River Basin Com-
mission's water quality  task group  for the Monongahela.   ORSANCO declined
to  serve  in  this  capacity because the  Commission  felt  that  at the time
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 when the assignment was offered, it did not Have the available staff to
 perform it.   However, the Commission recognized that the decision to re-
 fuse was regrettable.

      The ORSANCO policy of limited activity on the tributaries begets a
 circular set of effects.   Because this  type of restriction  on  the agency's
 present programs is known to the state  water pollution control officials,
 they do not  now think of ORSAWCO as having  anything to contribute to the
 solution of  their problems off the main stem.   Consequently, the  states do
 not seek to  involve the interstate agency in such matters.  In turn,  non-
 participation strengthens the feeling that  ORSANCO would have  little or
 nothing to offer, even if invited.

      The key to the situation is the nature and vigor  of ORSANCO  programs.
 The stronger and more relevant they are to  the states  in a  particular part
 of the Basin, the more likely the interstate agency is  to be thought  of
 when help is needed.

      The extent to which  ORSANCO will eventually be actively involved in
 waters of the Basin other than the  main stem of the Ohio River, inter-
 state tributaries and for reasonable distances  up other tributaries  hav-
 ing a significant impact  on  the main stem is  one that  cannot be categori-
 cally predicted at present.   In the estimation  of a purist, there  can be
 no doubt that the Basin should be viewed as  a whole.  However, extending
 ORSANCO's program to  the  tributaries  mentioned  will involve so consider-
 able a reorientation  of the  present ORSANCO  focus  as to  occupy some years
 of program development.   As  already indicated,  the  interstate agency  is
 now small, to the point where  it  consists of an almost  irreducible staff
 complement.   How much growth there  should be and at what pace will be de-
 termined by  the programs  that  the Commission finally authorizes.  In  any
 event,  however,  it  is  best to  strengthen capabilities at a rate that  en-
 courages  solid  development and  not  to swallow more  than  can be digested
 at  any  one time.  Accordingly,  ORSANCO  should work toward a truly basin-
wide  set  of  programs  gradually.  On the  other hand, some activities can
be  performed  for  all  eight states without major  commitment of resources
beyond what  is necessary to serve the needs  of  six.

Values for EPA.

     We generally think of ORSANCO as functioning under an eight-state
compact.  But there is a ninth member whose  degree of participation is
hardly less than the others.   The Federal Government has not enacted the
compact.  It  is not legally bound by such obligations as the compact places
on the states.  But in fact it shares abundantly in two basic  attributes
of membership.  The compact gives to the Federal Government  three  commis-
sioners, just as any member state.  Through  its program grants, the Federal
Government contributes more funds than any member state.

     Three agencies have traditionally represented the Federal  Government:
the EPA or its predecessors,  the Corps,  and  the Fish and Wildlife  Service.

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But of these, it is most relevant to speak of EPA.   Its program grant
funds are the federal financial contributions most  crucial" to ORSANCO's
budgets, even though the Corps and the U.S. Geological Survey also provide
funds through contractual and other arrangements.

     Consequently, the values which EPA can hope to receive from a strong
ORSAWCO are somewhat analogous to those which benefit the states.   Since
water of good quality is the objective, activities  which help to secure
and maintain it contribute to or make easier the discharge of EPA responsi-
bilities.  It follows that for EPA, as for the member states, the measure
of ORSAWCO's value is in the programs which the interstate agency conducts.
Most if not all of the program possibilities discussed in Chapter 3 are  or
would be of benefit to EPA as well as to the states.

     At least since the enactment of the Federal Water Pollution Control
Act of 1956, EPA and its predecessor agencies have been in a supervisory
position.  The Amendments of 1972 have made this position even clearer and
more dominant than before.  EPA is responsible to Congress and the American
public for seeing that the Federal Water Pollution Control Act works.   EPA
is and will be judged by its success in achieving the goals of fishable,
swimmable water everywhere, or at least by the measurable and steady strides
which are made in this direction.  But EPA cannot accomplish these results
with its own forces alone, nor is it supposed to do so.  It must rely on
the states.  They are to develop the stream standards which become both
federal and  state law;  they are to do or get done much of the planning for
water quality management;  they are to help run the permit system and in-
creasingly to assume operational responsibility for it;  they are to moni-
tor and report on progress in achieving the goals of the Federal Act;  they
are to check compliance by waste dischargers and to prosecute the bulk of
the actions when violations are found.

     The lodging of  so heavy a policymaking role and of so much of the re-
sponsibility for achievement with EPA while placing so many of the imple-
menting activities  in the states creates mammoth needs for coordination so
that the system will fit together as a functioning whole.  These needs run
in several different directions.

     The first  is  a  problem of  federal-state coordination.  EPA has sought
to handle this  directly by dealing  with each of the  fifty  states.  In many
respects, the  federal law requires  this.   Individual  states must have Sec-
tion  303  (e) planning processes  approved by EPA;   construction  grant funds
are allotted in state chunks  and thence distributed to local units of govern-
ment  by a complex  state-EPA process;   individual states  are  eligible for
assumption  of  permit  system responsibilities, with EPA approval.  The items
 in the  list  could  be multiplied.

      But  neither  the states  nor EPA is organized to  treat  the  Ohio as a
basin,  or  even as  a whole main river.   Such treatment  is  essential if many
 aspects of  the Federal  Water  Pollution Control  Act are to  be administered
 equitably,  or  perhaps  at  all.   ORSANCO is just  such an agency  as  can pro-
 vide the multi-jurisdictional-interstate-federal,  EPA regional bridge
 needed to bring the pieces  together basinwide.
                                   -87-

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     ORSANCO cannot fulfill this coordinating role because of any power to
compel others to accept its judgments.  The compact contains no such author-
ity, except in the field of abatement orders where, as previously indicated,
the interstate agency's role is most likely to be supplemental.  However,
the interstate agency can perform it by virtue of its basinwide jurisdic-
tion and the superior knowledge and insights which its monitoring, data analy-
sis, planning and other programs should give it.  The states, EPA, and other
agencies to a somewhat lesser extent, should find benefit in according ORSMCO
a place because of the services it can render.

     However, any benefit which EPA can realize from the interstate agency's
presence must rely heavily on the federal agency's willingness to deal with
and through ORSMCO.  Unless EPA considers ORSMCO as the fulcrum in regional
affairs relating to the Ohio, the states will be hard put to it to do so.
In many ways, EPA approval processes have become so crucial that they can be
made virtually to determine the procedures and channels which the states as
well as EPA will employ.  If EPA makes it known that it expects ORSANCO to
have a part in coordinating standards and requirements on opposite sides of
the river, or above and below state lines, the chances are that the inter-
state agency will be able to participate meaningfully.  On the other hand,
if EPA channels most or all of its significant communications directly to
the individual state capitals, the purposes for having the interstate agen-
cy will be undercut and its only role will be to provide a forum in which
the states may from time to time seek to formulate their views in disputes
with the federal authorities.

     Assuming a willingness, and even some initiative on the part of EPA
to recognize ORSANCO as a regional water quality agency, other factors be-
come important.  First among them is the vigor and initiative exhibited by
the ORSMCO staff and commissioners in finding ways to be useful.  One can-
not emphasize too strongly that no one is likely to formulate and insist
on a vital interstate agency program if ORSMCO does not do it.  Even the
state water pollution control officials — those serving as ORSMCO commis-
sioners and others who can affect the agency's welfare — have primary re-
sponsibilities in their own intrastate agencies.  To them ORSMCO must be
at best a secondary area of interest.

     The final consideration is the states themselves.  As already indi-
cated, they cannot be expected to invoke ORSANCO participation at every
turn where simple contacts between state capitals will achieve desired re-
sults effectively and rapidly.   But they must get into the habit of using
ORSANCO as their major avenue of interstate and interstate-federal relations
and actions when the Ohio Basin is involved.

     If all of this sounds like a circular process, it is.  One of ORSMCO's
worst liabilities is the dormancy which has afflicted it for several years
past.   Until improved and more varied program performance makes it clear that
the interstate agency is truly a reliance for defining and resolving inter-
state problems and for getting important things done, its aid will not be
sought.   Yet ORSANCO can build this kind of confidence only if its member
jurisdictions and EPA are willing to invest something in encouraging the in-
tergovernmental machinery to work.

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                                    TECHNICAL REPORT
                             ; Please read 1 untruetions on the reverse
       DATA
       before completing)
     = ORT NO.
   EPA-905/9-75-003
  4. TITLE AND SUBTITLE
   A Study of Prospective Water Pollution Control
   Activities for  the  Ohio River Valley Sanitation
   Commission (ORSANCO)
                                                            3. RECIPIENT'S ACCESSI ON-NO.
                                                            5. REPORT DATE
                March 1975  (Approval  Date)
              6. PERFORMING ORGANIZATION CODE
   AUTHOR(S)
                                                            8. PERFORMING ORGANIZATION REPORT NO
   Mitchell Wendell
 9. PERFORMING ORGANIZATION NAME AND ADDRESS
   Wendell Associates
   1432 Laburnum
   McLean, Virginia  22101
              10. PROGRAM ELEMENT NO.
                2BH 387 (4-38705GB4X)
              11. CONTRACTXHKHXKBGX.
                                                                68-01-2631
 12. SPONSORING AGENCY NAME AND ADDRESS
  U.  S.  EPA,  Region V
  230 S.  Dearborn
  Chicago,  Illinois  60604
              13. TYPE OF REPORT AND PERIOD COVERED
                  Final
              14. SPONSORING AGENCY CODE
 15. SUPPLEMENTARY NOTES


  NONE
  ORSANCO  is an interstate agency.  A compact was enacted by  the eight member states
  and  consent given by the United States  of America in 1948.   This study analyzes and
  recommends prospective roles that this  agency can best perform which would be
  complementary to or in lieu of activities for which the member States or the federal
  government is responsible in controlling  and abating water  pollution in the Ohio
  River drainage basin.  The study was  needed because of the  change of strategy and
  Congressional mandates imposed by the Federal Water Pollution  Control Act Amendments
  ot 1972  (P.  L.  92-500).  A study of  this  nature and scope had  not been performed
  since the  agency was organized 27 years ago.
17.
                                KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
  Management Engineering,  Pollution, Waste
  Disposal, Environmental  Engineering,
  Organizations, Planning
                                              b.IDENTIFIERS/OPEN ENDED TERMS
  ORSANCO
                                                                         c. COSATI Field/Group
 ORSANCO or U.  S. EPA, Region V
19. SECURITY CLASS (This Report)
  Unclassified
                                                                         21. NO. OF PAGES
                                              20. SECURITY CLASS (Thispage)
                                                Unclassified
                           22. PRICE
EPA Form 2220-1 (9-73)

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        To he published in. Supersedes, Supplements, etc.

   16.  ABSTRACT
        Include a brief (200 words or less) factual summary of the most significant  information contained in the report. If the report contains a
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   17.  KEY WORDS AND DOCUMENT ANALYSIS
        (a) DESCRIPTORS - Select from the Thesaurus of Engineering and Scientific Terms the proper authorized terms that identify the major
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EPA Form 2220-1 (9-73) (Reverse)

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