'''Vl^llyMk BSMf^l ****»y AR AMD ENFORCIMEIMT FOH AIR AMI ------- •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 ------- 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. ------- 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 ------- 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. ------- ------- 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 ------- 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 ------- 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 ------- 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. ------- 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 ------- 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 $10,000 a day. rTnhese, then, are the major provisions of die JL Federal government's program for setting and enforcing standards to prevent and control air pollution. As the standards are imple- mented, with fair bat firm enforcement, the Nation will move toward the goal set by Con- To protect and enhance the quality of tine Nation's air resources so as to promote the public health and welfare and the produc- tive capacity of its people." ------- «\ • k .« * •' * ^ v * •• t, reduce I the Water Pollution Control Act of jjfP-t. 92-500). That law built upon a dvedthe water pollution control prograi jted by Congress in 1948 and amended in I$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 ------- 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. ------- 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 ------- 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 ------- 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 POSTAGE AND FEES PA I-NVIRONMENTAL PROTECTION AGEN EPA-3 THIRD CLASS BULK RA u r U.S. ENVIRONMENTAL PROTECTION AGENCY REGIONAL OFFICES AND STATE!! COVERED Boston, Mass. 02203 New York, N. Y. 10007 Philadelphia, Pa. 19106 Atlanta, Ga. 30309 Chicago, III. 60606 DaHas, Texas 75202 Kansas City, Mo. 64106 Denver, Col. 80203 San Francisco, Calif. 94102 Seattle, Wash. 98101 Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont New Jersey, New York, Puerto Rico, Virgin Islands Delaware, Maryland, Pennsylvania, Virginia, West Virginia, D. C. Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennes! Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin Arkansas, Louisiana, New Mexico, Oklahoma, Texas Iowa, Kansas, Missouri, Nebraska Colorado, Montana, North Dakota, Souti Dakota, Utah, Wyoming Arizona, California, Hawaii, Nevada, Arrerican Samoa, Guam, Trust Territories of Pacific Alaska, Idaho, Oregon, Washington ------- |