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•viionmental
Quality*
setting
and enforcing
standards
.roraental Protection
•ary, P'\"""J-" ' _
jrtii W--1-"->--- £ iJi'-L;'*J
jago, Illinois 60606
U.S. ENVIRONMENTAL
PROTECTION AGENCY
WASHINGTON, D.C. 20460
March 1973
Protecting and enhancin
ment today and for futui
the maximum extent poss
laws enacted by Congress-
sion of the U.S. Environm
Agency. EPA's mandate is
tegrated, coordinated attack
tal pollution in cooperation
local governments.
Established in Decembe
brought together in one
many environmental prote
previously carried out by !
branches of the Governm
sponsibilities encompass a n
mental concerns—air pollui
lution, solid waste manager
noise and radiation. First
EPA is a regulatory agencj
required by law to approve
enforce certain environment
pollution control. This pub
on standard - setting and
two of EPA's programs—ail
lution control. (Information <
programs is available on re(
Standards define what w
not put into the air and wat
best available scientific kr
place limits on the pollutai
tolerated without endanger
and welfare of human beii
ecological systems in which
The standards set by
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ation with the States, have the
aw. EPA shares enforcement of
:dards with the States, with the
wernment acting only if a State
i so. In other instances, the Fed-
nment has primary responsibility
ing standards.
jcess of setting standards begins
ientific research and monitoring
?or just as a physician must know
of the illness before he can treat
we must know the nature of pol-
tore we can treat and restore our
nt.
io pollutants come from? How do
y and measure them? What are
ts? How can pollutants be con-
c investigation provides the an-
urces of pollution are identified
^search. Research tells us what a
vel of a specific pollutant does to
ings; to crops and other vegeta-
lomestic animals and wildlife; to
animal life in a body of water;
e, steel and other building mate-
painted surfaces; to fabrics. Re-
:ablishes thresholds at which we
iect adverse effects from environ-
llutants, alone or in combination.
provides the basic scientific knowl-
need to safeguard public health
ance the benefits of a specific prod-
t its environmental risks.
For example, how much sulfur dioxide
and particles of soot and ash do we permit
from a coal-burning power plant in exchange
for the electricity we need? How much ra-
diation and heat can we tolerate in the air
and water in return for electricity from
nuclear power plants? How much and what
kinds of industrial wastes can we tolerate
in return for the products of the Nation's
factories? Which pollutants are so danger-
ous that they should not be permitted to
be put into the air or water in any amount?
To make those decisions, EPA seeks the
best available scientific evidence on the ef-
fects of pollutants to lay the foundation on
which environmental standards are erected.
EPA gathers evidence from its own research
studies, from scientific and technical advisory
committees, from the scientific community,
from industry. But the ultimate decision—
the standard for a specific pollutant—can-
not be based only upon the findings of sci-
entific experts.
Value judgments, social decisions, are ul-
timately required. Thus, through public hear-
ings and administrative proceedings, EPA
also seeks the views of the public. When
established, a standard is, therefore, the
product of fact and theory provided by sci-
entists, and a public value judgment condi-
tioned by the balance of risks against bene-
fits, with a margin of safety on the side of
public health and welfare.
Standard-setting is a continuing, evolving
process. Even after a basic standard is set,
research continues. More scientific knowl-
edge is sought about the effects of the pol-
lutants on health and welfare. Better tech-
nology is sought to control that pollutant.
As more is learned about the effects of the
pollutant and how to control it, the stand-
ard may be changed to reflect this new
knowledge and to further protect the public
and the environment.
EPA has a variety of tools to ensure com-
pliance with environmental standards. If
monitoring or inspections reveal a violation,
the first step may be to seek voluntary com-
pliance. A great deal has been and can be
accomplished by voluntary cooperation, sav-
ing time and money for both the Federal
government and an alleged violator of en-
vironmental standards. More importantly,
in some cases, it brings faster compliance
than drawn-out legal proceedings.
But when the voluntary approach fails,
EPA has the authority to order compliance
and to take court action, if necessary, to
compel compliance. In some instances, the
mere existence of strong legal sanctions
stimulates voluntary cooperation by pollut-
ers who wish to avoid the adverse publicity
and penalties that legal action can bring.
This booklet discusses the details of
EPA's programs for setting and enforcing
air and water pollution control standards.
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fti I]
the making
of a
standard
NVIRONMENTAL
contents
air pollution
Standards
Enforcement __
...page 1
—page 5
water pollution
Standards -page 9
Enforcement page 19
is often asked ho
standards to j
health and welfare and the g
ment, from the harmful effec
At times, EPA is accused o
ards that are too rough 01
polluters, or both. And at
also accused of not knowing
ing about in setting a part
mental standard. For those
ested, here are some deta;
standard is established.
Environmental standards
born. A standard does not sp
from the imagination of a
nor from a crystal ball. It is
a comprehensive process t
• that the standard does
human health and welfare, ai
ment, from harm;
• that the standard is
soundest possible scientific
information;
• that the standard mee
ments of the law under whii
and that it is legally enforce
• that the standard reflecl
policy;
• and when social decisi
judgments must be made, w
be balanced against bene
standard contains a margin o
side of public health and wel
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indard-setting process begins with
ring of all available data on the
d environmental effects of a pol-
lis information comes from EPA's
arch studies and from throughout
tific community. The information
i and evaluated by EPA's own
and technical experts. Technical
committees and outside contrac-
be called upon for assistance.
i first draft of a regulation setting
proposed standard is prepared by
ram involved—air or water, for
The draft is circulated within EPA
>endent review by other Agency
with the Office of Planning and
lent coordinating the process
ts steering committee and special
groups.
Office of Research and Monitoring
ic scientific basis for the standard,
s the surveillance and monitoring
ms. And the Office of Enforcement
ral Counsel reviews the proposal to
; all legal requirements are satisfied.
ition to overseeing the internal co-
i process, the Office of Planning
lagement also reviews the policy
>ns of the standard, the cost-
ess of alternative ways of achieving
lard, and the standard's potential
i other pollution control programs.
ance, will a new air pollution con-
trol standard aggravate or create water or
land pollution problems?)
All branches of EPA that can contribute
to the final product are involved throughout
this initial inside-EPA process. Questions
are asked, positions are challenged, changes
may be proposed. The objective is the fullest
possible inquiry and consideration.
The product that emerges from this proc-
ess thus represents EPA's best judgment on
what is needed, what is workable and what
is supportable on scientific, technical, legal
and policy grounds, to protect public health
and the environment.
The standard-setting process then moves
outside of EPA. What effect would the
standard have on the goals of other Federal
agencies such as Commerce, Defense, In-
terior, Transportation and on the general
economy? To find out, the proposal is cir-
culated among other Federal agencies, in-
cluding the Council on Environmental
Quality, for review and comment. The views
of State agencies and interested nongovern-
mental organizations are solicited.
EPA then reviews any comments sub-
mitted by the other agencies and organiza-
tions. Disagreements are discussed with
these agencies and all points of view are
considered and evaluated. The proposal
may be modified to reflect new information.
After all this, EPA publishes the standard
in the Federal Register as a proposed regu-
lation. The views of the general public—
interested individuals and organizations—
are solicited, with at least 30 days usually
provided for comments. In some instances,
a public hearing may be deemed desirable
or may be required. On certain proposed
water standards, the new Effluent Standards
and Water Quality Information Advisory
Committee established under the 1972 Fed-
eral Water Pollution Control Act may itself
hold public hearings.
After receiving comments on the pro-
posed regulation, EPA, in effect, begins its
internal process again. A summary of the
comments is prepared and circulated to all
concerned within EPA, along with any re-
visions suggested.
The decision is then made. The standard
as EPA intends to issue it is approved by
the EPA Administrator, and is sent to other
appropriate Federal agencies for final re-
view. This done, the regulation is then, at
last, promulgated by EPA and published in
the Federal Register.
When finally issued by EPA, an envi-
ronmental standard is, therefore, the product
of EPA's own scientific expertise, with due
consideration given to the views of other
Federal agencies, State agencies, interested
organizations in the private sector, including
scientific, technical, industrial, and environ-
mental groups, as well as any individuals
who care enough to express their views.
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Emergency Standards
EPA is authorized to take whatever ac-
tion is necessary, including seeking a court
order to shut down polluters, whenever air
pollution poses an imminent and substantial
endangerment to health. This emergency
power was given to EPA to deal with air
pollution "episodes"—periods when adverse
weather conditions produce stagnant air that
allows pollutants to reach abnormally high
concentrations.
EPA has established levels for emergen-
cies that indicate when "significant harm" to
health is threatened by the most common
air pollutants—sulfur dioxide, particulates,
carbon monoxide, photochemical oxidants
and nitrogen dioxide, and has established
minimum requirements for State plans to
deal with air pollution episodes.
National Air Quality Standards
The law authorized EPA to establish na-
tional ambient air quality standards for pol-
lutants and required the States to adopt im-
plementation plans, after holding public
hearings, to meet those standards.
EPA has issued national air quality stand-
ards for the six most common pollutants—
sulfur oxides, particulates, carbon monoxi
photochemical oxidants, hydrocarbons a
nitrogen oxides. EPA is now studying oti
pollutants to determine if additional i
tional air quality standards are needed.
The national standards are in two pai
primary and secondary. A primary standi
is designed to protect public health. It s
a limit on the amount of a pollutant in 1
ambient air (the outdoor air around i
that is safe for humans. A secondary star
ard is designed to protect public welfa
Usually more stringent than a primary stai
ard, a secondary standard sets a limit
the amount of a pollutant that is safe
clothes, buildings, metals, vegetation, cro
animals, etc.
For example, at certain concentratio
sulfur oxides can increase the incidence
respiratory disease, can cause an incre;
in death rates and can damage property a
crops. To prevent adverse health effec
the national primary air quality stand£
for sulfur dioxide is, in part, 80 microgra
per cubic meter, or 0.03 parts of sulfur <
ides to one million parts of air, as an anni
arithmetic mean. But to prevent adverse
fects on public welfare, the national s<
ondary air quality standard for sulfur die
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ide is 60 micrograms per cubic meter, or
0.02 parts per million, as an arithmetic
mean. Further, EPA is considering secon-
dary standards for such pollutants to cover
shorter term exposures than annual aver-
ages.
The maximum concentrations of pollut-
ants permitted by these national air quality
standards are based on scientific evidence
of their effects on public health and welfare.
These effects are spelled out in "criteria"
documents issued by EPA. In addition, the
Agency publishes information on the known
techniques and methods of controlling each
pollutant for which a national air quality
standard is established. This technical infor-
mation includes the costs of emission con-
trol, the availability of control technology
and alternative methods of controlling and
preventing the particular form of air pollu-
tion.
To achieve the clean air objectives set
forth in the national air quality standards,
the States must set and enforce limits on
emissions of those pollutants from pollu-
tion sources. Thus a national air quality
standard is a limit on the amount of a given
pollutant permitted in the air around us.
An emission standard or limitation is the
maximum amount of the pollutant that may
be discharged from a specific source. Emis-
sion standards or limitations are therefore
set by the States to achieve national air
quality standards. If a State fails to set the
standards, or if EPA determines State emis-
sion standards are inadequate to achieve the
national ambient standards, EPA is author-
ized to set the required standards for the
State.
National Emission Standards
National air quality standards are not
applicable to all pollutants, however. Some
are so hazardous that Congress requires di-
rect Federal controls on their emission into
the air. For hazardous pollutants—those
that "may cause, or contribute to, an in-
crease in mortality or an increase in serious
irreversible, or incapacitating reversible, ill-
ness"—EPA is required to establish na-
tional emission standards.
To carry out this program, EPA must
first identify hazardous air pollutants and
then issue proposed national emission stand-
ards to control them. EPA must then hold a
public hearing on the proposed standards.
Ninety days after a national emission stand-
ard is issued for a hazardous pollutant, no
one may emit that pollutant into the air any-
where in the United States in violation of
the standard. EPA may grant a two-year
delay, if necessary, to allow installation of
pollution control equipment at an existing
plant, if steps are taken in the interim
to assure that human health will be pro-
tected from "imminent endangerment." And
the President may grant a two-year exemp-
tion to any plant, new or old, if the technol-
ogy to implement the national emission
standard is not available, and if
needed for national security.
EPA has so far identified am
national emission standards for
ardous air pollutants—asbestos.
and mercury. Inhaling asbestos
been linked to a number of disea
ing cancer. Beryllium, an extn
mineral, can cause chronic lui
Mercury in the air can damage
nervous system, causing tremors i
logical disturbances, loss of appe
weight and insomnia.
EPA is authorized to delegal
to enforce national emission st;
hazardous pollutants to a State.
it does so, the Agency retains 2
step in and enforce the emission
necessary.
New Plants Standards
Limiting emissions from existii
and plants is only part of the a
control problem. Another objectr
trol emissions from new plants
contribute significantly to air poll
causes or contributes to the en
of public health or welfare,"
states.
Thus the law requires EPA
"standards of performance foi
tionary sources"—new plants ai
and old plants that, when modifi
greater emissions. EPA has so
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The nationwide air pollution control
standards designed to protect
public health and welfare, limit the
amount of pollutants discharged
into the atmosphere.
Among major sources of pollution
are emissions from burning open dumps,
automobile exhausts
and industrial manufacturing.
Federal air pollution performance standards
for fossil-fueled steam generating plants
(those that use coal, oil or natural gas as
fuel), sulfuric and nitric acid plants, Port-
land cement plants and large incinerators.
These performance standards specify
emission limits for particulates, sulfur di-
oxide, nitrogen oxides and sulfuric acid mist,
as well as limits on visible emissions. The
performance standards are based on the
degree of emission limitations that can be
achieved by using the best emission control
system that has been adequately demon-
strated, taking into account the cost of the
control system. The objective is to require
new plants for which Federal performance
standards are issued to use the best avail-
able technology to limit air pollution.
As with national emission standards for
hazardous pollutants, EPA is authorized to
delegate enforcement of performance stand-
ards to a State. But again, EPA retains
authority to step in and enforce the per-
formance standards if necessary.
Motor Vehicle Emission Standards
Motor vehicles, the major source of air
pollution in many urban areas, are also cov-
ered by EPA standards. Here the targets
are carbon monoxide, hydrocarbons and ni-
trogen oxides, key ingredients in the forma-
tion of photochemical smog.
The Federal government began setting
emission levels for automobiles several vears
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ago, based on the then-existing state of the
art. As auto emission control technology has
improved, standards have been tightened.
And under the Clean Air Act, auto emis-
sion standards will become still more strin-
gent by 1975 and 1976. The law requires
carbon monoxide and hydrocarbon emis-
sions from 1975 model cars to be reduced
at least 90 percent below 1970 levels,
and nitrogen oxides from 1976 cars to be
reduced at least 90 percent below 1971
levels.
Motor vehicle emission standards apply
to new cars and engines made in the United
States or that are imported into this coun-
try. Manufacturers are required to obtain
certification from EPA that their cars meet
specified emission levels. To do this, manu-
facturers test samples of prototypes of new
cars or engines, under procedures specified
by EPA, and submit the results to the
Agency. If the samples tested meet the stand-
ards, EPA certifies the family of cars or
engines. EPA also may conduct its own
tests of new vehicles or engines.
A similar procedure covers emission
standards for trucks and buses.
*
Fuel Standards
EPA is also authorized to control or pro-
hibit the use of ingredients in motor vehicle
fuels that endanger public health and wel-
fare or significantly impair the performance
of emission control devices on cars. Carrying
out this authority, EPA has proposed regu-
Before standards are set for any pollutant, EPA tests source emis-
sions to determine the type and the amount of pollutants emitted.
lations that would require a phased reduc-
tion in the lead content of "regular" and
"premium" gasolines over the next five years.
EPA has also proposed regulations to re-
quire petroleum companies to make avail-
able one grade of lead-free and phosphorus-
free gasoline by mid-1974.
The purpose of the regulations is to re-
duce the level of lead in the air to protect
public health. Another purpose is to as-
sure that lead-free and phosphorus-free gaso-
line is available for the catah
likely to be used on cars to me*
emission standards, for those tw
can foul the catalysts and preve
trol device from lowering poll
sions to required levels.
EPA also has authority to ider
emissions that endanger public
welfare. Standards to control
sions are then established and i
the Federal Aviation Agency.
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This array of authority to set air pollu-
tion standards requires tools to enforce
them, of course. And EPA has the tools.
If a State does not submit a plan to im-
plement national air quality standards set by
EPA, or if the plan is deemed inadequate,
EPA can prepare and carry out an imple-
mentation plan for that State.
If anyone violates an approved implemen-
tation plan, EPA, after giving a State and
the violator 30 days to act, can issue an
order requiring compliance. If there are
widespread violations of an implementation
plan, EPA, again after 30 days' notice, can
// air pollution levels threaten
public health, EPA can act to
curb the polluting sources.
take over enforcement of the State plan.
EPA can move directly against any(
violating a new source performance sta
ard or a hazardous emission standard by
suing an order requiring compliance, or
going to court.
Anyone violating an implementation pi
a new source performance standard 01
hazardous emission standard is subject t<
fine of up to $25,000 for each day of vie
tion and one year in prison. Subsequent o
victions can bring a fine of up to $50,(
for each day of violation and two years
prison.
EPA used its enforcement powers un
these provisions for the first time hi e£
1972 when a State was unable to com
compliance. In that case, EPA served a
day notice on a Delaware power comp;
accused of violating an approved implem
tation plan for the national air quality sta
ard for sulfur oxides. The company was
cused of using oil with a higher sulfur c
tent than was permitted by the State.
If an air pollution episode produ
"imminent and substantial endangerme
to public health, EPA can take whate
emergency action it deems necessary, incl
ing promptly filing suit in Federal court
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an immediate injunction. EPA used this
emergency provision for the first time in No-
vember 1971, when a serious air pollution
episode occurred in Birmingham, Ala.
When pollutants accumulated in the air in
dangerous concentrations, county health of-
ficials asked industries that were the heaviest
polluters to voluntarily cut back their oper-
ations. When the high pollution persisted,
the Federal government stepped in and ob-
tained a Federal court order temporarily re-
straining 23 industries in the area from emit-
ting air pollutants. Failure to comply would
have put an industry in contempt of court.
When weather conditions changed and air
pollution levels dropped, the injunction was
lifted.
EPA's action prevented a possible health
disaster and demonstrated that the Federal
government would and could use emer-
gency powers granted by the dean Air Act
when public health is in immediate danger.
To achieve compliance with EPA's motor
vehicle emission standards, the 1970 law
makes it illegal to sell or import a car or
engine that is not certified by EPA. It's also
illegal for a vehicle manufacturer or dealer
knowingly to remove or disconnect an emis-
sion control device before or after selling
or leasing a car or truck to a consumer.
Anyone violating those provisions can be
fined up to $10,000, with each car or en-
gine considered a separate offense. Anyone
violating EPA's motor vehicle fuel stand-
ards can be fined up to $10,000 a day.
rTnhese, then, are the major provisions of die
JL Federal government's program for setting
and enforcing standards to prevent and control
air pollution. As the standards are imple-
mented, with fair bat firm enforcement, the
Nation will move toward the goal set by Con-
To protect and enhance the quality of tine
Nation's air resources so as to promote the
public health and welfare and the produc-
tive capacity of its people."
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«\
• k .« * •'
* ^ v * ••
t, reduce
I the Water Pollution Control Act of
jjfP-t. 92-500). That law built upon a
dvedthe water pollution control prograi
jted by Congress in 1948 and amended
in I$I46, 1961, 1965, 1966 and 1970.
A* lh< 1970 Clean Air Art did for the fij:
gilfhst air pollution, the 1972 water law
established a truly national program to
CoHSi.'it water pollution. For the first time, th
I9f7l|ict extended the national program to
^115 rfWigable water bodies in the United Stafr
^re'fSclisly, interstate but not intrastaie
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waters were covered by Federal legislation.
And for the first time, the 1972 law created
a system of national effluent limitations and
national performance standards for industries
and publicly-owned waste treatment plants.
Previously, the Federal water pollution
control program was based primarily on
Federal-State water quality standards.
The 1972 law proclaimed two goals for the
Nation: by July 1, 1983, wherever possible,
water that is clean enough for swimming
and other recreational use, and clean enough
to protect fish, shellfish and wildlife; and
by 1985, no more discharges whatsoever of
pollutants into the Nation's waters.
Those goals, or objectives, reflect a strong
national commitment to end water pollution
to the greatest degree possible. They set the
stage for a coordinated, integrated series of
actions that must be taken, with strict
deadlines, to achieve progress toward clean
water. And the 1972 law gave EPA new
enforcement powers.
The major provisions for setting and
enforcing standards under the Federal Water
Pollution Control Act, as amended in 1972
follow.
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National Effluent Limitations
An effluent limitation is the maximum
amount of a pollutant that a polluter is per-
mitted to discharge into a water body. Efflu-
ent limits may permit some discharge or
none, depending on the specific pollutants
to be controlled. For instance:
• The 1970 law prohibits the discharge
into the Nation's waters of any radiological,
chemical or biological warfare materials or
high-level radioactive waste. This is a zero
discharge requirement.
• Discharges of other toxic pollutants
will be controlled by effluent standards to
be issued by EPA no later than January
1974. A pollutant is "toxic" if it causes
death, disease, behavioral abnormalities, can-
cer, genetic mutations, physiological mal-
functions or physical deformities in man or
any other other organism, directly or in-
directly. EPA is required to provide an am-
ple margin of safety in setting effluent stand-
ards for toxic pollutants and can prohibit
discharges of toxic pollutants, in any
amount, if deemed necessary.
(EPA has already established, under ear-
lier water pollution control legislation, strict
discharge limits of such toxic pollutants as
lead and mercury. The 1972 law streng
ened EPA's authority to control dischar
of toxic pollutants.)
• EPA will establish effluent limitatii
for other industrial pollutants by Octo
1973. At the same time, EPA wilt def
"best practicable" and "best available" T
ter pollution control technologies. They ^
be based upon several factors including
cost of pollution control, the age of the
dustrial facility, the process used and
environmental impact (other than on wa
quality) of applying the controls. EPA \
also identify pollution control measures
completely eliminating industrial discharj
By July 1, 1977, industries must m
effluent limits that reflect the use of "b
practicable" control technology. By July
1983, industries must meet effluent lin
that reflect the use of "best available" te
nology. Also by July 1, 1983, if EPA fij
that doing so is "technologically and e
nomically achievable," industries must cc
pletely eliminate the discharge of pollutai
• Industrial discharges into public
owned sewage treatment plants are also si
ject to national effluent limitations. Thi
will be set by EPA, by February 1973, £
will require pretreatment of industrial p
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what citizens can do
Citizens can help State and local
governments, as well as EPA,
cany oat their environmental respon-
sibilities by:
• Making their views known on en-
vironmental issues by participating in
public hearings and communicating
wth elected and appointed public offi-
cials.
• Supporting adequate financing of
pollution control agencies.
• Finding out what environmental
standards and enforcement procedures
apply in their community.
• Reporting seeming violations of
environmental standards to pollution
control agencies.
• Reporting spills of oil and other
hazardous substances to EPA or die
U.S. Coast Guard.
For tardier information on die role
of concerned citizens in environ-
mental protection, see these EPA pub-
lications:
Don't Leave It All To The Experts
Citizen Action Can Get Results
Clean Air — It's Up To You, Too
lutants that might interfere with public treat-
ment plants or pass through those plants
without adequate treatment. Pretreatment
requirements will take effect no later than
May 1974, for new industrial sources of
pollution, and no later than July 1976, for
existing industrial facilities.
• Effluent limits will also apply to pub-
licly-owned sewage treatment plants. In or-
der to qualify for a Federal construction
grant from EPA, treatment plants approved
before June 30, 1974, must provide a mini-
mum of secondary treatment. After June
30, 1974, Federal grants may be made only
for plants that will use "best practicable"
treatment.
All sewage treatment plants in operation
on July 1, 1977—whether or not built with
the aid of Federal funds and no matter when
built—must provide a minimum of sec-
ondary treatment. (However, a plant built
with the help of Federal funds approved
before June 30, 1974, has until June 30,
1978, to comply with the secondary treat-
ment requirement.)
Also by July 1, 1977, all sewage treat-
ment plants must apply whatever additional,
more stringent effluent limitations EPA or a
State may establish to meet water quality
standards, treatment standards or compli-
ance schedules.
And all publicly-owned waste treatment
plants—no matter when built and whether
or not constructed with Federal funds—will
Federal effluent limitations rei
sewage treatment plants must pr
mum of secondary treatmen
have to use "best practicabl
by July 1, 1983.
• If the effluent limitatio
above are not adequate to p
water supplies, agricultural a
uses of water, fish and wildlife,
swimming, then EPA is requii
still more stringent effluent lim
ants from industries, municij
plants and other "point sourc
tion.
1O
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ant Standards
s required to establish national per-
\ standards for new industrial
of water pollution. The standards
;ct the greatest degree of effluent
i that can be achieved by applying
>t available demonstrated control
jy, processes, operating methods or
ternatives, including, where prac-
i standard permitting no discharge
ants." The law directs EPA, in set-
ormance standards, to consider the
chieving the effluent reduction, en-
[uirements and the environmental
other than on water quality) of the
3.
will issue proposed performance
5 for various industries by January
id will make those standards final
1974. From then on, it will be
operate any new industrial source
pollution in violation of a national
ince standard.
ries to be covered by performance
5 for new facilities will include:
>er, paperboard. builders paper, and
lills; meat product and rendering
g; dairy product processing; grain
nned and preserved fruits; vege-
id seafood processing; sugar proc-
:xtile mills; cement manufacturing;
electroplating; organic and inor-
smicals manufacturing; plastic and
synthetic materials manufacturing; soap and
detergent manufacturing; fertilizer manufac-
turing; petroleum refining; iron and steel
manufacturing; nonferrous metals manu-
facturing; phosphate manufacturing; steam
electric power plants; ferroalloy manufactur-
ing; leather tanning and finishing; glass and
asbestos manufacturing; rubber processing;
and timber products processing.
If a State wishes, and if its program meets
EPA requirements, it may apply and en-
force national performance standards to new
plants within its borders (except for new
sources owned or operated by the Federal
government).
New plants on which construction started
after October 18, 1972, and that meet all
applicable performance standards, will not
be subject to any more stringent perform-
ance standard for ten years, beginning with
the date the new plant is completed. How-
ever, new and more stringent performance
standards may be required before ten years
if a plant is amortized sooner—in five years,
for example—under the rapid write-off pro-
visions of the Internal Revenue Code.
Water Quality Standards
The 1972 law continued and expanded
the water quality standards program ini-
tiated in 1965. Under that program, the
Federal government first issued guidelines
and criteria to help the States set water qual-
-------
ity standards for interstate waters. (Intra-
state waters were not covered.)
The criteria contained all available scien-
tific findings on the physical, chemical, tem-
perature and biological requirements for
each major use of water—recreation, drink-
ing water, fish and wildlife propagation,
industrial or agricultural. Each State then
decided, after holding public hearings, how
it wanted to use portions of interstate wa-
ters that flow within its borders. Each use
required differing degrees of purity. A river
earmarked as a source of drinking water,
for example, has to be cleaner than water
designated for industrial cooling.
The Federal government set two basic
ground rules for the States. The first re-
quired that no body of water could be clas-
sified for a lower level of purity than al-
ready existed. The antidegradation provision
was designed to prevent increased pollution.
The second ground rule was that no body of
water could be designated only for waste
disposal.
In addition to classifying waters by in-
tended uses, the States were also required
to adopt criteria to protect those uses, to de-
velop timetables, implementation and en-
forcement plans to achieve those uses. All
of these—criteria applied to specific stream
uses or classifications, and implementation
and enforcement plans—became the State's
proposed water quality standards. The
States then submitted their proposed stand-
areawide planning
The 1972 water pollution control
law inaugurated a special pro-
gram for urban-industrial areas with
substantial water pollution problems.
The program calls for coordinated
areawide planning to identify and pro-
vide municipal and industrial waste
treatment. Here's how it operates:
First, EPA issues guidelines to
identify areas where regional planning
is required. Using those guidelines,
each State has until July 1973, to
designate the boundaries of areas re-
quiring areawide planning and to
designate an agency to develop an ef-
fective regional plan. If an interstate
area is involved, the designations will
be made cooperatively by the States
concerned. If a State itself does not
act, the top elected local government
ards to the Federal government for approval.
When the 1972 law was enacted, water
quality standards had already been approved,
wholly or in part, for all States. Those ap-
proved with exceptions were in the process
of being resolved.
The 1972 law expanded this water quality
standards program. Here's how:
• Water quality standards previously es-
tablished by States for interstate waters,
officials within an area may mal
designations themselves.
All designations are subji
EPA approval.
By July 1974, each desij
agency must have an areawide
treatment management planning
ess in operation. And by July
the agency's first plan must be
fied by the State and submit!
EPA for approval.
After an areawide plan is appi
EPA construction grants to pul
owned treatment plants withii
area can be made only for plant
are part of and in conformity wi
areawide plan. And no permit f
discharge of pollutants may be
to any source in conflict with $
proved plan.
subject to EPA approval, rema
unless they are not consistent w
If EPA finds that a water quali
is not adequate, the State has
1973 to make the necessary ch;
• In addition, the States mu
adopt water quality standards, a
public hearings, for intrastate
submit them to EPA for appro\
1973. (States that had earlier ad<
12
-------
or their intrastate waters under their
iws need only submit them to EPA for
ral.)
iPA is required to set water quality
rds for inter-or-intrastate waters if a
Iocs not do so, or if a State's proposed
rds do not meet the law's require-
E a State finds that effluent limits based
est practicable" or "best available"
1 technology are not adequate to meet
quality standards, the State must im-
nore stringent controls on pollution
s. To this end, the States must estab-
e total maximum daily load of pollu-
including heat, that will not impair
Cation of fish and wildlife. EPA will
y, by October 1973, pollutants for
maximum daily loads might be set.
tates, in turn, must submit for EPA
ral. bv April 1974, the daily loads
shed for specific water bodies.
y October 1973, EPA is required to
ipdated criteria for water quality. The
i will include the latest scientific
:dge on the effects of pollutants in
bodies . . . (including groundwater)
alth and welfare, on plankton, fish,
h, wildlife, plant life, shorelines,
;s, esthetics and recreation. The cri-
vill also include information on the
itration and dispersal of pollutants
h biological, physical and chemical
ses. And the criteria will include in-
Compliance with water quality standards -will help prevent contamina-
tion such as this that causes eutrophication of our lakes and streams.
formation on the factors affecting eutrophi-
cation (aging) and sedimentation of water
bodies.
• Also by October 1973, EPA is required
to issue information on what must be done
to restore and maintain the chemical, physi-
cal and biological integrity of all the Nation's
waters including groundwater and the
oceans; on what must be done to protect
fish and wildlife and to allow recreational
use of water bodies; and information on
measuring and classifying water quality.
• EPA is required to report to Congress
by January 1, 1974, on the quality of the
Nation's waters. The report will identify
water bodies that, in 1973, met the 1983
goal of water adequate for recreation and to
protect fish and wildlife. The report will
also identify water bodies that might achieve
the 1983 goal by 1977, 1983 or any later
13
-------
date. The report will include an inventory
of sources of water pollution.
• The States are required to submit sim-
ilar reports to EPA each year on the quality
of waters within their borders. The first
report is due by January 1, 1975. EPA will
submit the State water quality reports to
Congress each year, along with its own
analysis, beginning October 1, 1975.
• And at least once every three years
(from October 1972), the States must hold
public hearings to review their water quality
standards and, if necessary, to update the
standards, subject to EPA approval. Any
new standard under this process must pro-
tect public health and welfare and must
enhance water quality.
Permits
The 1972 law created a new national
system of permits for discharges of pollu-
tants into the Nation's waters, replacing the
1899 Refuse Act permit program. Under
the 1972 law, no discharge of any pollutant
is allowed without a permit. Publicly-owned
sewage treatment plants as well as industrial
dischargers must obtain permits.
The permit program is the key to apply-
ing national effluent limitations and per-
formance standards to specific polluters. A
permit tells a polluter what he may or may
not discharge. If a polluter cannot immedi-
ately comply with effluent limitations, the
permit sets firm targets for installing needed
abatement equipment. The permit also sets
14
firm limits on discharges during the interim
period. Here's how the permit program
works:
• Until March 1973, EPA, or a State
with an existing permit program deemed
adequate by EPA, is authorized to issue
permits for discharges. State permits issued
citizen suits "
Citizens long have had the right to
file suit under nnisance laws for
damage to health and property caused
by pollution. Under the Clean Air Act
of 1970 and the Federal Water Pollu-
tion Contort Act of 1972, citizens can
now take direct action to enforce com-
pliance with Federal air and water pol-
lution requirements.
Both laws empower citizens to fake
court action against anyone violating
those laws. And citizens can also file
suit against EPA itself if it fails to
perform any mandatory doty required
by the two laws.
Rotes governing citizen softs under
the Clean Air Act are available in the
Federal Register, December 9, 1971.
EPA was preparing similar roles for
citizen softs under the Federal Water
Foliation Control Act as Us publica-
tion went to press.
during the interim period are
EPA veto.
• A State wishing to permane
the permit program within its
authorized to do so, beginninj
1973, if its program meets El
ments. EPA spelled out those i
in guidelines issued in late 197!
Federal Register, November
24088 to 24097.)
To be approved by EPA, a ;
program must assure complian
Federal law and must include: i
for monitoring and reporting dis
procedures for making this infor
lie; enforcement machinery; ai
funds and staff of qualified per
other important element requii
permit program is that no one \
a significant portion of his incc
during the previous two years)
holders or applicants is allowi
on a State permit-granting boan
Moreover, a State must ha1
authority to monitor discharges
to enter and inspect polluting f
to require reports from pollute
permit program must also contai
for public notice of all permit
and must provide an opportunit
lie hearing before a permit is
permit may be issued for moi
years.
• After a State permit pro;
proved and goes into effect, I
-------
"*«•-, w%*
te
**
*
>ent this pollution, permits are required
Hcly-owned and private dischargers to
e type and amount of their discharges.
the right, unless waived, to review and ap-
prove any State permit that affects another
State. EPA also has authority, unless
waived, to review proposed permits to de-
termine if they meet the requirements of
the Federal law.
• A State permit program is subject to
revocation by EPA if the State fails to
implement the law adequately.
Other Federal Permits, Licenses
The 1972 law also regulates the disposal
of sludge from publicly-owned treatment
plants and the disposal of dredged or fill
material in the Nation's waters, and oceans.
And the law strengthened a certification
procedure for other Federal agencies to
follow to assure compliance with water
pollution controls.
Sladgc—The law prohibits the disposal
of sludge from sewage treatment plants into
the Nation's waters except under a permit
issued by EPA. After EPA issues regula-
tions for sludge disposal permits, a State
may take over the permit program if it
meets EPA requirements.
Dredged, FH1 Material—The law reaffirms
* the authority of the U.S. Army Corps of
sj Engineers to issue permits for the disposal
• of dredged or fill material into the Nation's
waters. This is consistent with the Corps'
historic role of safeguarding navigation. But
to safeguard water quality, dredged or fill
materials may be dumped only in specifii
disposal sites. EPA has authority to ve
the selection of a disposal site to preve
adverse effects on municipal water supplh
fishery resources, wildlife or recreation.
Ocean Dumping—The Water Polluti*
Control Act requires EPA to issue guid
lines by April 1973, to protect coastal ai
ocean waters from pollutants. Permits f
ocean disposal of pollutants must comp
with the guidelines after that date. T
guidelines will cover the effects of pollutar
on human health and welfare, on marii
life, shorelines and beaches and cover alte
natives to ocean disposal of pollutants.
EPA has similar authority to regula
ocean dumping under the Marine Protectk
Research and Sanctuaries Act of 1972 (P.
92-532). Under that law, EPA will esta
lish criteria and may issue permits f
ocean dumping that do not "unreasonab
degrade or endanger human health, welfa
or amenities or the marine environmei
ecological systems or economic potentia
ties."
The Marine Protection Act bars perm
for dumping anything that will violate wat
quality standards. EPA must give public n
tice of permit applications and provide
opportunity for public hearings before
suing an ocean dumping permit.
Certification—The 1972 water pollutk
control law strengthened a certification pr
-------
cedure in earlier legislation to assure com-
pliance by other Federal agencies. Anyone
applying for a Federal license or permit for
any activity—such as a nuclear power plant
—that might produce polluting discharges
into the Nation's waters must obtain certifi-
cation from the State involved that the dis-
charges will not violate national effluent
limitations and performance standards. If
a State or interstate agency has no authority
to issue the certification, EPA may do so.
States must give public notice of applica-
tions for certification and may hold public
hearings if deemed appropriate.
If certification is denied—by a State or
by EPA—the Federal agency in question
may not grant the license or permit. If a
certification by one State will result in a
discharge that may affect water quality in
another State, the Federal agency that is-
sues the license or permit must hold a public
hearing if requested by the second State.
If the permit or license will result in
discharges that are not in compliance with
water quality requirements, the license or
permit cannot be issued.
Oil, Other Hazardous Pollutants
Under the Water Quality Improvement
Act of 1970, EPA is required to define the
amount of oil discharged into water that
"will be harmful to the public health or wel-
fare," including fish, shellfish, wildlife and
public and private property, shorelines and
Oil spills frequently
contaminate our waters.
Booms are one of the
techniques used to
contain such spills.
beaches. A "harmful" discharge of oil was
subsequently defined as an amount that vio-
lates a water quality standard or causes a
"film or sheen" or "discoloration" of the
water surface or adjoining shorelines or that
causes a "sludge or emulsion" deposit be-
neath the water surface or upon the ad-
joining shorelines.
EPA was also required to formulate an
action plan to minimize damage from oil
spills. This, too, has been done. Called the
National Contingency Plan, it provides ma-
chinery for the prompt cleanup of oil dis-
charges. It regulates, among other things,
the kinds of dispersants and chemicals that
can be used for oil spill cleanup.
The 1972 law extended the oil pollution
control, liability and enforcement provisions
of the 1970 legislation to other
substances." These are denned a
that "present an imminent and
danger to the public health
including, but not limited to, fi
wildlife, shorelines and beaches
EPA is now required to defin
discharges of hazardous substa:
extend the National Contingen
hazardous substances.
Sewage from Vessels
The 1970 amendments to the
tion control law set in motion
to regulate sewage discharges frc
boats. EPA was required to issi
for marine sanitation devices
16
-------
scharge of untreated or inadequately
I sewage" from vessels.
\ issued a standard in 1972. When
ss into effect, it will forbid the
.rge of any sewage waste, treated or
tito the Nation's waters from toilet-
)ed vessels.
: Coast Guard is developing regula-
consistent with the EPA standard,
ling the design, construction, installa-
ind operation of marine sanitation
s. After the Coast Guard regulations
are issued, they and the EPA standards
will take effect in two years for new vessels
and in five years for existing vessels.
Existing vessels will be allowed to
use treatment devices certified by the Coast
Guard if installed within five years of the
regulations' issuance. The treatment devices
will have to reduce fecal coliform bacteria
to no more than 1,000 per 100 milliliters of
water and prevent the discharge of visible
floating solids.
However, after the regulations go into
'tions forbidding the discharge of sewage from ships and boats will
-> preserve the enjoyment of sailing, boating and other water sports.
effect, a State may ask EPA to completely
prohibit vessel sewage discharges, treated or
not, if the State thinks that any of its navig-
able waters require greater environmental
protection. If EPA finds that adequate fa-
cilities for removal and treatment of sewage
from vessels in these waters are reasonably
available, EPA will issue regulations banning
all discharges.
The purpose of the standard and regu-
lations is to end the dumping of human
wastes, whether treated or not, a problem
that has grown with the increased number
of pleasure boats in use. The standards will
affect some 600,000 U.S. vessels, including
approximately 550,000 recreational boats,
as well as foreign ships using U.S. waters.
Small craft without toilets, such as canoes
and rowboats, are exempt.
Drinking Water
State and local governments have the
primary responsibility for setting and regu-
lating drinking water standards. But to pre-
vent the spread of communicable diseases
in interstate commerce, the Public Health
Service Act of 1912 authorized the Federal
government to establish standards for
drinking water used by interstate carriers
such as railroads, buses, steamships and air-
planes.
Under that authority, the U.S. Public
Health Service established standards for
17
-------
drinking water, most recently in 1962. This
program was transferred to EPA. The
standards, currently being revised, set man-
datory limits on the levels of coliform bac-
teria, arsenic, barium, cadmium, chromium,
cyanide, lead, fluoride, selenium and silver.
The standards also include recommended
limits on the taste, odor and color of drink-
ing water used by interstate carriers.
Because Federal authority over drinking
water applies only to water supply systems
used in interstate commerce, only 665 of
the some 30,000 public water supply sys-
tems in the Nation are currently covered.
In terms of people, Federal drinking water
standards cover only half of the 160 million
served by community water supply systems.
While many State and local governments
follow the Federal standards for drinking
water, a recent study revealed that some
eight million people in the United States
use water that does not meet Federal re-
quirements and is potentially dangerous to
public health. The study also disclosed
other shortcomings, including poor operat-
ing and monitoring procedures and inade-
quate facilities in water supply systems.
As a result of those disclosures, legisla-
tion has been introduced in Congress to
authorize EPA to set national drinking
water standards. Enforcement would be left
to State and local governments, with EPA
action only if the national standards are not
enforced.
18
" " '» .&:: ' V
impact statements
The National Environmental Policy
Act (NEPA) requires all Federal
agencies to prepare an environmental
impact statement on any proposed ac-
tion that would significantly affect the
environment before the action is taken.
These statements must be submitted to
the Council on Environmental Quality
and other Federal agencies, including
EPA, and must be made public.
EPA reviews impact statements to
determine if a proposed action would
have adverse effects on public health
or welfare, or environmental quality.
EPA's findings, as well as those of
other Federal agencies, must also be
made public. In evaluating the impact
statements, EPA considers their total
environmental consequences including
how they might affect environmental
standards.
Moreover, under the Federal Water
Pollution Control Act, EPA itself is
required to prepare an environmental
impact statement before approving a
construction grant for a publicly-
owned sewage treatment plant and
before issuing a permit for the dis-
charge of pollutants from a new source.
I
* *:
-------
As in air pollution, EPA has a variety
of enforcement tools to use to combat
water pollution including stringent provi-
sions in the 1972 law as well as provisions
in legislation enacted earlier. Here are
EPA's major enforcement powers:
• EPA has emergency power to seek an
immediate court injunction to stop water
pollution that poses "an imminent and sub-
stantial endangerment to public health or
that endangers someone's livelihood—such
as pollution that contaminates shellfish and
makes it impossible to market them."
• EPA has emergency power to seek
immediate court action to stop an actual or
threatened discharge of oil or other hazard-
ous material that presents "an imminent
and substantial threat to public health or
welfare," including fish, shellfish, wildlife,
public and private property, shorelines and
beaches. EPA used this provision for the
first time in November 1970, after three
million gallons of oil sludge spilled into the
Schuylkill River in Pennsylvania and another
17 million gallons threatened to follow.
• Anyone violating permit conditions or
other requirements of the law may be fined
up to $10,000 a day. Willful or negligent
violations could bring up to $25,000 a day
in fines and one year in prison for the fi
offense and up to $50,000 a day and t\
years in prison for subsequent violatioi
Permits issued to major polluters requi
continuous monitoring with frequent repo
subject to perjury penalties.
• EPA has the power to enter and i
spect any polluting facility, to check
records and monitoring equipment and
sample its discharges.
• EPA can enforce permit conditions ai
other requirements of the law by issui
administrative orders enforceable in coi
or by seeking court action.
• After EPA approves a State pern
program, if EPA finds the State is n
administering the program as required
Federal law, EPA must revoke its approv
This can be done only after a public he£
ing and after giving the State a reasonal
time (not more than 90 days) to take cc
rective action.
• To assist in enforcement as well as
measure the effectiveness of water pollutii
control programs, EPA will establish a n(
national water quality surveillance system
monitor water quality, in cooperation wi
other Federal agencies and State and loc
governments.
1
-------
• Discharges of oil or a hazardous sub-
stance must be reported immediately to the
Federal government. Failure to do so can
bring a fine of up to $10,000 and one year
in prison. Anyone discharging harmful
quantities of oil or another hazardous sub-
stance, or violating regulations issued under
the National Contingency Plan for oil and
hazardous substances, is subject to a fine
of up to $5,000. Discharges of hazardous
substances from a vessel can bring a
penalty of up to $5 million, and from other
facilities, up to $500,000 if the substance
cannot be removed. Anyone spilling oil or
a hazardous substance into water is liable
for clean-up costs of up to $8 million (spills
from onshore or offshore facilities) and up
to $14 million (in the case of vessels). If the
spill is due to willful negligence or willful
misconduct, actual clean-up costs, no matter
how high, can be imposed.
• Violations of waste treatment standards
and regulations for vessels can bring a fine
of up to $5,000. The Coast Guard is
authorized to board and inspect any private
ship or boat in U.S. waters to enforce ma-
rine sanitation standards.
• To enforce drinking water standards,
EPA can prohibit interstate carriers—
planes, trains, buses, steamships—from
using water from a system that does not
meet Federal standards. (Legislation is
pending in Congress to strengthen the drink-
ing water standards program.)
2O
These, then, are the major provisions of the
Federal government's program for setting and
enforcing standards to prevent, reduce and
eliminate water pollution. As the standards are
implemented, with fair but firm enforcement,
the Nation will move toward the goal set by
Congress:
"To restore and maintain the chemical, phys-
ical, and biological integrity of the Nation's
waters by eliminating the discharge of pol-
lutants into the Nation's waters by 1985."
The reader is free to quote or reproduce any part of this publication without further pe
•irUS GOVERNMENT PRINTING OFFICE 1973 O-498-715
For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C 2<
Price: 75 cents, domestic postpaid; 65 cents, GPO Bookstore Stock No. 5500-00087
-------
While charged by law to carry out
the responsibilities described in
order to safeguard public health and wel-
fare from air and water pollution, EPA
cannot do it alone. EPA needs the support
and cooperation of State and local govern-
ments and of industry. EPA, also needs
and welcomes citizen participation for
law enforcement cannot be effective with-
out citizen support, cooperation and in-
volvement. This is especially true in pol-
lution control which often requires
changes in attitudes and values.
Thousands of citizens, individually and
more often through voluntary organiza-
tions dedicated to environmental protec-
tion and improvement, have already
taken part in public hearings on pollu-
tion problems. They have participated
in meetings, workshops and other educa-
tional activities designed to broaden pub-
lic understanding of environmental issues.
They have prodded and pushed govern-
ment and industry to take action.
Public participation was spurred fur-
ther by the Federal Water Pollution
Control Act of 1972 when Congress
placed strong emphasis on the importance
of public participation in the national
program to prevent, reduce and eliminate
water pollution. The law directs EPA
and the States to provide for, encourage
and assist public participation in develop-
ing, revising and enforcing all regulations,
standards, effluent limits, plans and pro-
grams under the law.
EPA welcomes this directive and
seeks public participation in the cam-
paign for water pollution control and in
all of its environmental protection pro-
grams. EPA hopes that citizens will con-
tinue to raise their voices on behalf of
a better environment in every conceiv-
able forum. As noted earlier, vali
ments are often involved in esta
environmental standards after thi
tific evidence is in. And it is uli
the public, in the form of elected
pointed officials, who must make
cisions that determine our enviroi
A high level of public particip;
the democratic processes of enviroi
decision making will nourish and
a high level of environmental st
and their enforcement.
-------
)F PUBLIC AFFAIRS
'IRONMENTAL PROTECTION AGENCY
3TON, D.C. 20460
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I-NVIRONMENTAL PROTECTION AGEN
EPA-3
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