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-------
STATUTES AND LEGISLATIVE HISTORY 1991
1.17a(3) COMMITTEE OF CONFERENCE
H.R. REP. No. 92-376, 92d Cong., 1st Sess. (1971)
AGRICULTURE-ENVIRONMENTAL AND CONSUMER PRO-
TECTION PROGRAMS, FISCAL YEAR 1972
JULY 22, 1971.—Ordered to be printed
Mr. WHITTEN, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 9270]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H.R. 9270)
making appropriations for the agriculture-environmental and con-
sumer protection programs for the fiscal year ending June 30,
1972, and for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows: * * *
[p.i]
TITLE III—ENVIRONMENTAL PROTECTION
Independent Agencies
ENVIRONMENTAL PROTECTION AGENCY
Amendment No. 22: Provides $441,000,000 for operations, re-
search, and facilities instead of $425,100,000 proposed by the
House and $458,900,000 proposed by the Senate. In addition to
restoring the $8,800,000 deleted on the House floor, the conferees
agreed to provide an additional $7,500,000 for solid waste disposal
grants.
The conferees believe it most important that the various agen-
cies of Government and the Congress, in the review and appraisal
of Federal Government programs, projects, and activities, have
full information available not only as to the impact upon the
environment but also the significant economic impact on the public
and the affected areas and industries.
The conferees, therefore, direct that, in addition to the environ-
mental effects of an action, all required reports from departments,
-------
1992 LEGAL COMPILATION—GENERAL
agencies, or persons shall also include information, as prepared by
the agency having responsibility for administration of the pro-
gram, project, or activity involved, on the effect on the economy,
including employment, unemployment, and other economic im-
pacts.
[p. 7]
The conferees expect the agencies involved to spend such addi-
tional sums as may be necessary, out of general funds available, to
cover any additional costs of preparing such statements.
This requirement will apply primarily to the environmental im-
pact statements required under section 102 of the Environmental
Quality Act, and the reports required under the permit dumping
programs based on the Refuse Act of 1899.
NATIONAL COMMISSION ON MATERIALS POLICY
Amendment No. 23: Provides $500,000 for this newly appointed
Commission as proposed by the Senate instead of $50,000 pro-
posed by the House. At the time of the House action, the Commis-
sion had not been appointed. In providing the funds for its opera-
tion, the conferees direct that the Congress be kept informed on
the progress of such studies as are undertaken.
DEPARTMENT OF AGRICULTURE—SOIL CONSERVATION SERVICE
Amendment No. 24: Provides $154,734,000 for conservation op-
erations proposed by the Senate instead of $150,146,000 proposed
by the House.
Amendments Nos. 25, 26, 27, 28, 29, 30, and 31: The Senate
concurs with the House recommendation to merge the two appro-
priations "Watershed works of improvement" and "Flood preven-
tion" because of their similarity. The conference agreement in-
cludes $105,411,000 for watershed programs and $26,688,000 for
flood prevention projects.
Amendment No. 32: Provides $18,113,500 for the Great Plains
conservation program instead of $16,229,000 proposed by the
House and $19,998,000 proposed by the Senate.
AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE
Amendment No. 33: Deletes language added by the Senate to
raise the limitation on payments under the rural environmental
-------
STATUTES AND LEGISLATIVE HISTORY 1993
assistance program to $5,000 in connection with practices to re-
duce pollution by animal wastes. The conference considered this
matter and calls on the Department to make a thorough review of
the need for such adjustment.
[p. 8]
CONFERENCE TOTAL—WITH COMPARISONS
The total new budget (obligational) authority for the fiscal year
1972 recommended by the Committee of Conference, with com-
parisons to the fiscal year 1971 total, the 1972 budget estimate
total, and the House and Senate bills follows:
New budget (obligational) authority, fiscal year 1971 $9,548,907,550
Budget estimates of new (obligational) authority, fiscal year
1972 12,104,813,850
House bill, fiscal year 1972 12,423,896,050
Senate bill, fiscal year 1972 13,621,677,050
Conference agreement 13,276,900,050
Conference agreement compared with—
New budget (obligational) authority, fiscal year 1971 — +3,727,992,500
Budget estimates of new (obligational) authority as
amended), fiscal year 1972 +1,172,086,200
House bill, fiscal year 1972 +853,004,000
Senate bill, fiscal year 1972 -344,777,000
JAMIE L. WRITTEN,
WILLIAM H. NATCHEE,
W. R. HULL, Jr.,
GEORGE E. SHIPLEY,
FRANK E. EVANS,
GEORGE MAHON,
MARK ANDREWS,
ROBERT H. MICHEL,
BILL SCHERLE,
Managers on the Part of the House.
GALE W. MCGEE,
JOHN C. STENNIS,
ROBERT C. BYRD,
ALLEN J. ELLENDER,
HERMAN E. TALMADGE,
ROMAN L. HRUSKA,
MILTON R. YOUNG,
HIRAM L. FONG,
Managers on the Part of the Senate.
[P. 10]
-------
1994
LEGAL COMPILATION—GENERAL
1.17a(4) CONGRESSIONAL RECORD, VOL. 117 (1971)
1.17a(4)(a) June 3: Amended and passed House, pp. H5739-
H5740, H5742, H5746-H5748, H5765, H5767, H5778-H5779,
H5810-H5811
DEPARTMENT OF AGRICULTURE-
ENVIRONMENTAL AND CONSUMER
PROTECTION APPROPRIATIONS, 1972
Mr. WRITTEN. Mr. Speaker, I
move that the House resolve itself into
the Committee of the Whole House
on the State of the Union for the
consideration of the bill (H.R. 9270)
making appropriations for agricul-
ture-environmental and consumer pro-
tection programs for the fiscal year
ending June 30, 1972, and for other
purposes; and pending that motion,
Mr Speaker, I ask unanimous con-
sent that general debate be limited to
not to exceed 3 hours, the time to be
equally divided and controlled by the
gentleman from North Dakota (Mr.
ANDREWS) and myself.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Mississippi?
There was no objection.
The SPEAKER pro tempore. The
question is on the motion offered by
the gentleman from Mississippi.
The motion was agreed to.
IN THE COMMITTEE OF THE WHOLE
Accordingly the House resolved it-
self into the Committee of the Whole
House on the State of the Union for
the consideration of the bill (H.R.
9270) with Mr. WRIGHT in the chair.
The Clerk read the title of the bill.
By unanimous consent, the first
reading of the bill was dispensed with.
The CHAIRMAN. Under the unani-
mous consent agreement, the gentle-
man from Mississippi (Mr. WHIT-
TEN) will be recognized for 1% hours,
and the gentleman from North Dakota
(Mr. ANDREWS) will be recognized
for 1% hours.
The Chair recognizes the gentleman
from Mississippi (Mr. WHITTEN).
Mr. WHITTEN. Mr. Chairman, I
yield myself 15 minutes.
*****
Mr. Chairman, may I say that the
total amount included in the bill is
$12,080,596,050, including the first full
year appropriation for the Environ-
mental Protection Agency, an in-
[p. H5739]
crease of $2,531,688,500 over 1971
and $22,117,800 below the budget.
The bill is divided into four titles—
a division which is designed to demon-
strate the general impact of the ap-
propriation. Such a division is by no
means precise and is subject to indi-
vidual interpretation because of the
multiple benefits derived from the
programs funded in this bill.
*****
TITLE III—ENVIRONMENTAL PROTECTION
Title III includes $3,126,055,000 for
the programs primarily directed to
improving our environment including
the new Environmental Protection
Agency and HUD water and sewer
grants. It includes as well, the USDA
programs long provided in this bill
including the rural environmental as-
sistance program which this commit-
tee has had to restore over 16 times.
It also includes the watershed protec-
tion programs which through dams,
stream channelization and sedimenta-
tion control do much to halt pollution
at the headwaters.
[p. H5740]
*****
ENVIRONMENTAL PROTECTION
The President's annual report on
environmental quality stated:
Environment is not an abstract concern, or
simply a matter of esthetics, or of personal
-------
STATUTES AND LEGISLATIVE HISTORY
1995
taste—although it can and should involve
these as well. Man is shaped to a great extent
by his surroundings. Our physical nature, our
mental health, our culture and institutions,
our opportunities for challenge and fulfillment,
our very survival—all of these are directly
related to and affected by the environment in
which we live. They depend upon the continued
healthy functioning of the natural systems
of the earth.
To this the committee would add
the other side for man, in turn, has
influenced or changed his environ-
ment. From the beginning as man
has gone along day by day, year by
year, throughout history, he has con-
tinued to change and to build for him-
self a synthetic environment—his
clothing, his housing, his food; in
fact, almost everything about him is
a result of converting natural ele-
ments into products of use to him.
Man departed from natural proc-
esses when he domesticated his first
animal and later when he planted a
seed.
THK FARMER'S RELATIONSHIP
TO THE ENVIRONMENT
The farmer has been an environ-
mentalist since man first tilled the
soil to grow his food. He deals with
[p. H5741]
the mutual relationships of plants and
animals and how they live and flour-
ish in the essential elements of land
and water, sunlight and air. He must
protect those elements or he, and
those dependent on him, will perish.
Agriculture then is a natural custod-
ian of the land. The farmer has faced
the dual challenge of producing more
food each year in a way that protects
his resources and preserves his ability
to produce. It is no accident that the
average farmer produces food and
fiber for 46 others and continues to
expand this number.
Farm production per acre has in-
creased about 3 precent a year due to
such influences as the use of fertiliz-
ers, pesticides, better technology in-
cluding soil and water conservation
practices, and less use of lower grade
land. One of these influences, the use
of fertilizer, has been considered by
some as a detriment to environmental
quality. But if fertilizers were re-
stricted as a pollution control, the re-
sults undoubtedly would be an in-
crease in consumer prices for food,
and an expansion of intensive agri-
culture into so-called marginal land
with higher erosion with greater pol-
lution, not less. Agricultural scientists
find that a more proper direction
would be toward achieving maximum
production from the best soils, using
the best combination of all practices.
This may mean the use of higher rates
of fertilizer application by farmers
on good land, with even greater atten-
tion to erosion and water control so
that fertilizer residues will not leave
agricultural fields but remain for
their benefit.
Pesticides are a must if we are to
control the pests that compete with
man for survival. Through the use of
these chemical materials, we have
made progress in controlling the in-
sects that carry such human diseases
as yellow fever, malaria, typhus, and
bubonic plague. We have also been
making progress over the years—in
lesser degree—in controlling agricul-
tural pests and diseases, rather than
accept the full impact of production,
storage, and quality losses of food and
fiber.
It is imperative that pesticides be
used judiciously, with knowledge of
total effects, because of the potential
dangers to human health, livestock,
fish, and wildlife, desirable plants,
and beneficial insects. It is especially
important to use persistent pesticides
only when they are necessary in the
best interests of mankind.
Another environmental problem of
concern to agriculture is contamina-
tion by animal wastes. Concentrations
of cattle and hogs raised in confine-
ment have increased waste-disposal
-------
1996
LEGAL COMPILATION—GENERAL
problems. The tremendous growth in
the U.S. broiler industry has brought
additional waste problems. Handling
such wastes in such a way as to
minimize the pollution to the environ-
ment is a goal we must accept, but
with present technology it will be
costly.
POLLUTION VERSUS CONVENIENCE
As soon as primitive man moved
his fire into his cave, he became aware
of air pollution in the form of smoke.
He probably learned to reduce the
smoke in his cave by careful placing
and stoking. He then decided to ac-
cept some smoke in return for the
warmth and convenience of the fire
nearby. We have been weighing pol-
lution against convenience ever since.
We all realize that if the people in
our major cities would park their
automobiles, trucks and buses for a
month or moved out of town for an
equal time, there is no doubt as to
the progress we could make in restor-
ing many of the antiquated and de-
plorable conditions we find in many
sections. But automotive transporta-
tion, too, is an integral part of our
way of life and part of our prosperity.
Is it essential to our economy, and it
will take a healthy economy to retain
public support as we attempt to find
the billions of dollars needed if we are
to restore our environment for present
and future generations.
The cost has been estimated at
hundreds of billions of dollars.
Thus, in view of the costs and of
the tremendous job ahead of us, with
the need to keep our economy healthy
and strong as we try to correct the
mistakes of the past and to prevent
them in the future, we believe it will
be necessary to set up a system of
priorities, putting those conditions
that are downright dangerous ahead
of those conditions which may be only
undesirable.
It is not that we don't need both, but
we need to establish some priority so
as to deal with first things first.
Of course, we all know we must stop
emptying raw sewage into our
streams. We must provide for con-
trolling industrial wastes and chem-
icals shown to be dangerous to health
while we keep those things which, by
providing protection from insects and
diseases, pest and pestilence, have in-
creased our life expectancy by 20
years since 1900 and our physical
stature by about 2 inches since 1900.
Examples of reports required by
the Environmental Protection Agency
presented to the committee are so
voluminous as to raise a serious ques-
tion as to whether public support of
needed environmental improvements
can be retained.
[p. H5742]
Mr. ANDREWS of North Dakota.
Mr. Chairman, I yield myself 15 min-
utes.
*****
For the past 3 months, our subcom-
mittee held hearings on the various
agencies that have come under our
jurisdiction. I would urge everyone of
you, if at all possible, to review the
testimony presented in the over 5,000
pages of the hearings.
To give you some idea of how far
we went into the various problems, we
questioned William Ruckelshaus, the
Administrator of the Environmental
Protection Agency for over 8 hours.
During that period, we heard what
that agency plans to do in the area of
protecting our environment for gen-
erations to come—a subject that has
been placed on the top of almost
everyone's priority list.
Our committee has recommended a
$2.4 billion budget for EPA for fiscal
year 1972. A majority of this money,
$2 billion, will be used for construc-
tion grants. This particular appro-
priation covers the Federal grants
that would be made available to muni-
cipal, intermunicipal, State, and in-
terstate agencies for the construction
-------
STATUTES AND LEGISLATIVE HISTORY
1997
of waste treatment works and major
interceptor sewers. Administrator
Ruckelshaus told our subcommittee
that in December of 1970, EPA com-
pleted a comprehensive survey of the
Nation's municipal waste treatment
needs. This study showed the need for
a national investment of $12 billion
through the end of 1974.
Such an investment would over-
come the backlog of construction needs
necessary to bring all municipal dis-
charges into compliance with estab-
lished water quality standards, or
equivalent levels of quality where
standards are not established, and the
development of self-sufficient pro-
grams at the State and local levels for
assuring the future operation, mainte-
nance, expansion, and replacement of
treatment works. This bill, our bill
today, is the beginning of the na-
tional commitment to resolve this
serious problem.
During Administrator Ruckelshaus'
testimony before the subcommittee I
asked him about the problem of
mercury contamination and what pro-
grams EPA plans to initiate toward
the goal of obtaining more informa-
tion on mercury in the environment
and the ecological and health signifi-
cance of this mercury presence. We
have heard about it in our fish; we
have heard about it in our ducks; we
have heard about it in more and
more food products. But so far we do
not have the basic knowledge to be
able to tell our people just what the
impact of this mercury is. Is it some-
thing new or has it always been in
these products? And how should we
react to it? This budget calls for a
$1.1 million increase in research
capacity specifically aimed at such
problems of mercury and other heavy
metals. Certainly the House must go
along with these requests. Our so-
ciety's future depends on it.
*****
[p. H5746]
Mr. RAILSBACK. I appreciate
your answer to the other question.
Illinois is one of those States that is
in compliance with the Federal Water
Quality Control Act, which was en-
acted with provisions in it that im-
posed certain stringent requirements
on local communities to come up with
funds to improve their sewer and
water systems. Many of these com-
munities have been able to go ahead
only to find that the Federal Govern-
ment has not come up with its match-
ing requirement. I know too our ad-
[p. H5747]
ministration has frozen some of these
funds, including, I believe, some of
the direct grant funds, which greatly
concerns me. I had a chance to testify,
not this year, but last year, before
your subcommittee as well as the sub-
committee on the Senate side handling
this matter. The question I have is
this: I wonder what, if anything, we
can do to see to it that the admin-
istration releases the freeze on these
funds which are so important to many
of our local communities. I might
mention for the record that in respect
to Illinois, for instance, we have
many, many communities that are in
noncompliance with the law, not
through their own fault, but because
the Federal Government has not come
up with its fair share of the funds.
I wonder what we can do to undo this
freeze.
Mr. ANDREWS of North Dakota.
Today in this budget we are reap-
propriating amounts which were
frozen and adding $150 million to it.
That should give us an adequate solu-
tion of this particular problem. I will
join my colleague from Illinois in
imploring the powers that be at the
other end of the avenue to begin re-
leasing the funds.
Mr. RAILSBACK. I want to com-
ment only that it became a very seri-
ous thing when you have local com-
-------
1998
LEGAL COMPILATION—GENERAL
munities that are in danger of non-
compliance and could be penalized on
a daily basis, because the Federal
Government which designed the pro-
gram has not been meeting its respon-
sibilities. It has been going on ever
since the Federal Government first
enacted the legislation in 1965. I hope
that your great subcommittee and
great committee are able to apply
pressure to force them to release the
funds. This is a very serious thing
[p. H5748]
Mr. BEGICH. Mr. Chairman, I rise
today to express some specific disap-
pointment with this appropriation,
and to make clear my desire for fu-
ture changes. I rise also to make it
clear that I will support amendments
to this bill which increase the appro-
priations in the important area of
water and waste disposal grants.
My disappointment stems from an
appropriation that has been left out
and my feeling that prompt action
could have prevented this omission.
Specifically, I am speaking of an ap-
propriation of up to $800,000, which
would have assisted in the construc-
tion of an incinerator and trash facil-
ity in Barrow, Alaska.
Before my comments begin to
sound too much like special pleading,
let me elaborate on the situation.
First, as many of you know, Barrow
is the northernmost community in this
Nation, and is subject to year-round
permafrost, long cold-weather pe-
riods, and general disability to effec-
tively dispose of waste materials. In
addition, the improper disposal of
waste is extremely harmful to numer-
ous aspects of the Arctic environment.
For some time, the solution to this
situation has been known. It is to con-
struct a large waste disposal facility
which will incinerate both solid and
liquid wastes, and compact for dis-
posal the innumerable empty fuel
drums which must be left about since
no workable alternative exists.
The Department of the Navy, which
has an installation in this area, has
been well aware of this solution, and
has completely cooperated. This year
they assisted in gaining a $1.2 million
appropriation for an incinerator facil-
ity toward a total cost of $2 million.
The remainder was to come from
other sources.
Since the needs of this area were
so obvious, and the possible solutions
almost equally obvious, the remaining
funding seemed very possible. The
best source, I learned, would be the
Environmental Protection Agency,
for whom we are considering appro-
priations today. Immediate inquiries
were started.
The period since that time is the
source of disappointment. Action on
this proposal, in spite of EPA's knowl-
edge of the need, and of the short
construction season, was halting and
ambiguous. When EPA asked for the
participation position of the Barrow
and Alaska governments, full assur-
ance of participation was given.
Still, the lack of coordination be-
tween EPA and the Navy and the
various levels of Alaskan government
was disappointing. I quite frankly ex-
pected that EPA would be the leader
in this struggle since the clearest
area of concern on this project was
environmental.
My intent here is simple. It is to
point out that delays, failures to co-
operate and communicate, and lack of
information were responsible for the
omission of this project. In no way
will I vote or speak to impair the
EPA appropriation. In fact, I fully
plan to argue and vote for increased
funding today.
I do want to reemphasize that good
and necessary projects like this should
not be hampered by the sort of action
I have described. The people of Bar-
row are the losers here, and they
should not be.
Mr. KEATING. Mr. Chairman, the
most pressing need in environmental
-------
STATUTES AND LEGISLATIVE HISTORY
1999
protection is substantial research into
every aspect of pollution. Congress,
has attacked businessmen, cajoled
local and State governments, and
criticized individuals for their lack of
social concern with the pollution is-
sue. Congress has taken action on
enforcement and regulation, tax sub-
sidies, and grants. Congress has re-
peatedly voiced its concern for doing
something in this matter. Yet all this
is meaningless without the absolute
necessity of research. The measure we
vote on today will provide that re-
search.
The necessity of research is unques-
tioned. Before industry can devise
methods of control, for instance, they
will want to know exactly what will
be expected of them. In addition, the
regulatory powers vitally needed by
the Environmental Protection Agency
to enforce standards is meaningless
if a proper background of research
has not been accomplished. The priv-
ate sector of the United States will
act responsibly only if the Govern-
ment does so first. That is why we
must have research.
The proposed Environmental Health
Center in Cincinnati will meet the
needs of the Nation in providing this
research. In fact, Congress has indi-
cated since the Kennedy administra-
tion its intent to build this research
facility.
Cincinnati has not waited. After the
authorization was approved, the city
government thrust its efforts and
money into establishing the prelim-
inary steps. First, the city offered the
Federal Government several sites for
the center. Second, the city began
purchasing land and relocating fam-
ilies. This effort is now almost com-
plete. And, third, the city has, to
date, spent $2,143,400 on this project,
with a commitment to the Federal
Government to spend a total of nearly
$4,500,000. The authorization has
been made. Cincinnati has acted on
this and accomplished all that it can
at this stage. We are ready for a re-
sponsible Congress to act.
Why is Cincinnati the best location?
Because, Mr. Chairman, Cincinnati
has the greatest concentration in the
Nation of trained personnel to handle
pollution research. The new research
facility will be located adjacent to the
University of Cincinnati, which has
graduate programs in environmental
health, air pollution, industrial hy-
giene, occupational medicine, environ-
mental health engineering, water pol-
lution, and industrial solid refuse
management.
There are now 13 separate pro-
grams in Cincinnati employing 1,043
people dealing with pollution research.
Obviously, the most practical thing
would be to put all this under one
roof. To move the center elsewhere
would mean a delay in the program
of an additional 1.5 to 2 years. It is
imperative, therefore, that in this vital
issue, Congress should respond in a
positive manner.
Congress must meet the needs of
the people and on an issue so ob-
viously and explicitly defined as this,
it seems imperative that the Govern-
ment should appropriate this $28 mil-
lion for research facilites. The people
cannot lose confidence in the ability
of its Government to act.
[p. H5765]
Mr. WRITTEN. I appreciate the
gentleman from Michigan yielding.
May I say our committee felt we
needed to point these matters up in
the bill. We expected them to go out
on objection, thus, we used substan-
tially the same language in the report
and we will expect this agency and
others to follow this language.
Mr. Chairman, if the gentleman will
yield further, I would like to say at
this time that this subcommittee was
asked to appropriate hundreds of mil-
lions of dollars to the Administrator
of the Environmental Protection
Agency without any limitation or re-
-------
2000
LEGAL COMPILATION—GENERAL
striction upon his action. Each and
every business and every person in the
whole country is in his control with
reference to this particular program.
No one is questioning his abilities.
However, there is not anything to
hold him in check. The man, in my
opinion, has more power than a good
man would want and more power than
a bad man ought to have. But, we felt
we could not in all fairness bring in
all that money, with all of that power,
without making some limitation.
Mr. DINGELL. As I am sure my
good friend from Mississippi knows,
I am chairman of the subcommittee
that has jurisdiction over the Na-
tional Environmental Policy Act. We
have tried in the bill, and I believe
successfully so, to come forward with
a piece of legislation which provides
for this opportunity for consideration
of environmental problems and to ob-
serve and consider the effects of the
actions or the failure to act insofar
as economic consequences are con-
cerned. It is our intention later this
year to attempt to go further into that
matter and review the whole of the
Environmental Policy Act and ascer-
tain what future changes are neces-
sary with regard to the particular
points about which my good friend
from Mississippi is concerned and to
which he has addressed himself.
Mr. WRITTEN. Mr. Chairman, if
the gentleman will yield further, I
hope the gentleman will expedite the
action of his committee because in the
meantime I think a great, powerful
individual—and he impresses me as
being a very fine man—will have al-
most carte blanche authority in the
administration of this law.
Mr. DINGELL. I would say that
every single air and water pollution
statute we have passed requires the
actions of the Administrator of the
Environmental Agency to reflect the
limits of technology and capability as
well as the economic consequences,
and I hope the gentleman from Mis-
sissippi in his consideration of this
matter will view the actions of the
Administrator in the light of the lan-
guage of the statutes to which I have
alluded.
Mr. ANDREWS of North Dakota.
Mr. Chairman, will the gentleman
yield?
Mr. DINGELL. I yield to the gen-
tleman from North Dakota.
Mr. ANDREWS of North Dakota
I would like to point out that by mak-
ing these points of order my good
friend from Michigan who is a great
friend of conservation and environ-
ment has not only stricken the lan-
guage but also some $8.8 million in
funds that were in the budget.
Mr. DINGELL. I would say to my
friend from North Dakota I am well
aware of that. It always pains me to
do this. I will further say with refer-
ence to the last point of order that I
have grave doubts as to the wisdom
of setting up another advisory com-
mission without proper committee ac-
tion. When there are at least two such
advisory commissions or boards deal-
ing with water quality, and one deal-
ing with the quality of the entire
environment.
Mr. Chairman, I might say that I
am in sympathy with the objectives
of the gentleman from Mississippi,
and that I do feel that the economic
implications of going ahead with or
of halting Federal projects with en-
viromental implications should be
clearly identified as early as possible
in the decision-making process.
I raise the point of order, not to
prevent this evaluation process from
taking place, but to permit it to take
place where it belongs. While the En-
vironmental Protection Agency is an
organization for which I have a great
deal of respect and admiration, its
connection with the process of balanc-
ing of environmental costs and bene-
fits by agencies of Government is at
best remote. EPA acts as a regula-
tory agency and as a research agency.
-------
STATUTES AND LEGISLATIVE HISTORY
2001
It has no responsibilities for injecting
new economic factors into agency de-
cisions, nor should it.
There is an agency which does have
these responsibilities, and which has
ample authority to develop procedures
whereby other agencies of Govern-
ment shall take economic factors into
account in considering whether or not
to go ahead with a given project or
proposal. That agency is the Council
on Environmental Quality, and its
authority in this respect is' provided
by the National Environmental Policy
Act of 1969—an act which resulted
from legislation coming out of the
Subcommittee on Fisheries and Wild-
life Conservation, of which I have
the honor to be chairman.
I would refer the members of the
Committee to the language of section
102 (B) of that act, which requires
all agencies of the Federal Govern-
ment to—
Identify and develop methods and procedures
— (to) insure that presently unquantifled en-
vironmental — values — be given appropriate
consideration in decisionmaking along with
economic and technical considerations.
The Council on Environmental
Quality has recently adopted amended
guidelines to assist agencies of Gov-
ernment in developing their planning
processes pursuant to section 102(2)
(C) of the act. My staff has been in
contact with the Council, to urge them
to develop supplementary guidelines to
assist the agencies in carrying out
the purposes of section 102(2) (B) of
that act. I understand that the Coun-
cil is in agreement with this proposal,
although it is not presently able to
tell us how soon such supplementary
guidelines might be forthcoming.
I do agree entirely with the gentle-
man that the economic implications of
projects which affect the environment
must be considered. I do not feel that
the language suggested in the measure
before us is the proper route to that
objective the solutions to urban prob-
lems, then legislators from the cities
must live up to their word to the
farmers.
I ask, Mr. Chairman, that the
amendment be defeated.
Mr. BLATNIK. Mr. Chairman, I
will support the amendment of the
gentleman from Georgia (Mr. STEPH-
ENS) when it is offered to provide
$700 million for grants for basic
water and sewer facilities authorized
by section 702 of the Housing Act of
1965.
Day after day, we talk and we hear
about pollution—air pollution, water
pollution, noise pollution, and now
even population pollution. The news-
papers carry story after story describ-
ing horrible situations in Lake Erie,
the Potomac River, San Francisco
Bay, and even Biscayne Bay. The ad-
ministration sends bill after bill to
the Hill for our consideration on these
subjects. However, when it comes time
to do something about it, the admin-
istration stumbles and falls.
It is totally inconceivable to me that
a program as vital and urgently
needed as this one should be treated
with the neglect that it has. After
freezing and withholding the funding
for this major environmental pro-
gram, the President recommended no
funds for the water and sewer line
program in this year's budget.
In H.R. 9270, the bill before us,
there is included appropriations of
$2 billion for the sewage treatment
plant construction program admin-
istered by the Environmental Protec-
tion Agency. As recently as 2 years
ago, we were talking about $214 mil-
lion, and it has been a tremendous
effort to raise this amount to $2 bil-
lion. However, one program cannot
be successful without the other. It is
sheer folly to build treatment plants
and at the same time to ignore the
necessary storm and sanitary sewer
systems which are complementary and
necessary for the successful carrying
out of a total program.
The $700 million proposed in the
-------
2002
LEGAL COMPILATION—GENERAL
amendment is in my judgment an ab-
solute minimal figure. There are ap-
plications backlogged in the various
HUD field offices involving legitimate
requests of over $1 billion. Anything
less than a $700 million appropriation
would be folly.
In my judgment, this minimal
amount is satisfactory but only if the
President signs and requests appro-
priation under the Public Work Ac-
celeration Act which is now before
him. That act gives special emphasis
to programs that would improve the
quality of living which includes sew-
ers, waste treatment and water dis-
tribution facilities. The Public Works
Acceleration Act would permit eligible
communities to obtain grants up to
80 percent of their cost as contrasted
with the 50 percent of eligible land
and construction costs under the HUD
program. In fact, in same hard-
pressed communities, grants could go
as high as 100 percent.
I urge the adoption of the proposed
amendment.
[p. H5767]
Mr. DRINAN. Mr. Chairman, I rise
today in support of the amendment to
the appropriations bill for agricul-
tural, environmental, and consumer
protection which has been offered by
my distinguished colleagues, the gen-
tleman from New Jersey (Mr. WID-
NALL), and the gentleman from
Georgia (Mr. STEPHENS). This
amendment would increase from $150
to $500 million the amount of new
money provided as grants for the con-
struction of water and sewer lines,
pursuant to section 702 of the Hous-
ing Act of 1965.
Mr. Chairman, we have for too long
failed to heed the vehement cries of
our local communities for Federal as-
sistance in the construction of vital
sewer and water lines. I have con-
tacted mayors and selectmen through-
out my district and have found that
the transmission of waste to treat-
ment plants, which these lines would
accomplish, remains one of their pri-
mary problems. Yet we have done little
to facilitate progress in this area.
The inequities of the present sys-
tem of Federal grants for sewer pro-
grams are readily apparent. Under
this system, a community must demon-
strate that it has a workable plan for
transmitting sewage to the treatment
plant in order to qualify for a Fed-
eral grant for construction of the
plant itself. But the construction of
lines for this transmission is usually
as expensive as building the plant it-
self. Many communities have, there-
fore, been unable to obtain Federal
funds for a plant because they lack
the necessary money to build the lines
themselves.
It is clear, Mr. Chairman, that we
must begin to deal with the problem
of water pollution control in terms of
a unitary, integrated funding system,
the dual components of which—con-
struction of sewage treatment plants,
and construction of sewer and water
lines to transport the sewage and sur-
face water to the plants—are insep-
arable. It is incongruous for us to
continue allocating Federal funds for
the plants, but not for the sewer and
water lines without which the plants
cannot function.
The Environmental Protection
Agency's sewage treatment plant pro-
gram can not alone cope with the
pressing problem of water pollution.
Critical to the success of the EPA
program is its supplementation by
the Housing Department's section 702
grant program for sewer and water
lines. This amendment is the neces-
sary first step toward that supple-
mentation, and toward relieving our
local communities of the burden of
[p. H5778]
constructing water and sewer lines
without Federal support.
This amendment, besides being nec-
essary for the success of the EPA's
-------
STATUTES AND LEGISLATIVE HISTORY
2003
sewage treatment plant program, will
also give a significant boost to lagging
economies in many communities. It
will provide additional projects for
contractors, and create new jobs on
these projects. At a time when unem-
ployment figures continue to soar, we
must give serious consideration to a
program such as this which will stim-
ulate meaningful employment oppor-
tunities.
Mr. Chairman, it is easy for us to
sit here in Washington and speak in
abstract terms of the critical need to
solve our water pollution problems.
But to our local communities, pollu-
tion is more than an abstraction—it
is, rather, a grim reality, stifling their
growth and beauty. The amendment
proposed today, though falling at least
a billion dollars short of meeting
present needs in this area, is a mini-
mal first step toward concrete action
by this body to improve our sewage
disposal systems and help alleviate
water pollution. Rejection of this
amendment would be a clear signal
that our commitment does not match
our talk.
Mr. WRITTEN. Mr. Chairman, I
move to strike the last word.
The CHAIRMAN. The gentleman
from Mississippi is recognized.
Mr. WRITTEN. Mr. Chairman I
move to strike out the last word. The
two gentlemen who have spoken on
this amendment, the gentleman from
Georgia (Mr. STEPHENS) and the
gentleman from New Jersey (Mr.
WIDNALL) have rendered great serv-
ice in this area. I cannot differ in any
regard with the objective or with the
value of the program that they en-
vision or with its size. I would say,
speaking for myself as chairman, and
not binding the members of the sub-
committee, that the thing that counted
with us was the question how far we
could go in increasing money above
the budget and get it used. So we
agreed on $350 million, $150 million
above the budget.
Last year, the amount was raised to
$500 million and the President vetoed
the bill, which was his privilege. It
came back, and $350 million was pro-
vided, and the Office of Budget and
Management released only $150 mil-
lion.
There is a question whether the en-
tire amount in this amendment could
be used in view of the showing the
applicants have to make including
putting up their share of funds.
I personally would be proud to see
a $700 million program, the question
is can we get it released and get it
used. This we doubt.
Mr. ANDREWS of North Dakota.
Mr. Chairman, will the gentleman
yield.?
Mr. WRITTEN. I yield to my col-
league from North Dakota.
Mr. ANDREWS of North Dakota.
I should like to endorse the remarks
of our distinguished chairman. He
says it like it is.
I do not believe that anyone in this
House or in America today does not
want to do his utmost to seek to take
care of the pollution problems we face.
What we want are programs which
can be implemented out in the field.
Certainly what the chairman said
expresses the thoughts of those of us
on the subcommittee, and I commend
him for saying it.
Mr. BLACKBURN. Mr. Chairman,
I rise in opposition to the amendment.
I rise in opposition not because we
do not need sewer and water treat-
ment facilities in our country but be-
cause the present programs are per-
petuating inefficiency.
In studies I have made of the over-
all problem of the treatment of sewer-
age and the distribution and treatment
of water, it appears that we should
be handling these matters on an area-
wide or drainagewide basin, perhaps
a river-drainage basin. We should
have a regional authority which pro-
vides one efficient treatment plant,
and which contracts out the sale of
-------
2004
LEGAL COMPILATION—GENERAL
its services to the various political
subdivisions which lie within the
drainage basin area.
It is regrettable we are, under pres-
ent programs, subsidizing a large
number of small and inefficient plants,
when one large plant would be the
least costly and most efficient way to
handle the problem.
I certainly will support the amount
that has been recommended by the
committee. The only reason why I
oppose the increase is that before we
push ourselves further into this field
we should reexamine the whole nature
of the problem and see what can be
done to develop and encourage more
efficient treatment methods.
Mr. LANDRUM. Mr. Chairman, I
move to strike the requisite number
of words.
Mr. Chairman, this is one of the
most important amendments to be of-
fered to an appropriation bill. No
other function of local government is
suffering for money more than that of
water distribution and sewerage treat-
ment.
Every mayor in these United States
and every Governor of the 50 States
has either come in person or written
by mail or called by telephone to urge
upon the members of the Ways and
Means Committee to pass $5 billion
additional revenue sharing. For what
purpose? Water distribution and sew-
erage treatment are the basic services
they are requesting. And these serv-
ices are needed. None can deny this.
Here is a real opportunity to give
true revenue sharing to the real base
of need. I hope that the Members can
take into consideration the fact that
what my friend from Georgia, Mr.
BLACKBURN, has proposed is probably,
in the long run period of years to
come, correct, but it is not going to
solve the problems today of Junction
City and Jasper, Ga., or of New York
City or Los Angeles.
This is an opportunity to attack the
problem without awaiting the specula-
tive outcome of revenue sharing and
without delaying further the service
that we ought to send to the localities.
I urge adoption of the amendment.
Mr. BEVILL. Mr. Chairman, will
the gentleman yield to me?
Mr. LANDRUM. I yield to the
gentleman.
Mr. BEVILL. Mr. Chairman, I rise
in support of the Stephens-Widnall
amendment to the bill, H.R. 9270, the
agriculture-EPA appropriations bill
for fiscal year 1972. The bill under
consideration appropriates a total of
$150 million for new grants for the
basic water and sewer facilities pro-
gram authorized by section 702 of the
Housing and Urban Development Act
of 1965. The Stephens-Widnall amend-
ment would appropriate $500 million
for this program instead of the $150
million asked for in this bill, which
means this amendment increases the
authorization for this popular water
and sewer program by $350 million.
As many of us recall in the appro-
priations bill last year, the House in-
creased the amount to be authorized
for the water and sewer program
from $150 million to $500 million.
The president subsequently vetoed the
appropriations bill, which contained
this sum and sent it back to us saying
that he strongly objected to increasing
the funds for this program. The Con-
gress subsequently appropriated a
total of $350 million for this program.
All we are asking to do this afternoon
is to appropriate the same amount of
funds which the House deemed neces-
sary last year. I recall that we also
passed the Emergency Community
Facilities Act, Publie Law 91-431,
which increased the authorizations for
this program by $1 billion. We passed
it in the House by a vote of 281 yeas
to 32 nays.
The administration's budget has
recommended an increase in appro-
priations for sewerage treatment
plant construction from $1 billion in
fiscal year 1971 to $2 billion in fiscal
-------
STATUTES AND LEGISLATIVE HISTORY
2005
year 1972, but the same budget re-
quests no funds for the water and
sewer program. The water and sewer
program authorizes the Secretary of
Housing and Urban Development to
make grants to local public bodies to
finance public water and sewer facil-
ities other than sewerage treatment
works. We all recognize the absolute
necessity for more sewer and water
lines when the Federal Government is
making money available for more
sewerage treatment plants. The $500
million in the Stephens-Widnall
amendment will bearly cover the
backlog of applications that have
been approved and are presently pend-
ing in the Washington office of the
Department of Housing and Urban
Development. There are over $1 bil-
lion in applications for this program
pending in HUD offices. I have heard
from numerous public officials in my
district in Alabama complaining
about the difficulty they are encoun-
tering in obtaining funds for neces-
sary water and sewer lines. At the
present time, there are some 22 ap-
plications pending at HUD totaling
$7,985,910.00 in grant funds.
Mr. Chairman, the amendment of
my distinguished colleague from
Georgia, BOB STEPHENS, and the dis-
tinguished ranking minority member
of the Banking and Currency Com-
mittee, BILL WIDNALL, is a small price
to pay for a suitable living environ-
ment.
[p. H5779]
Mr. FULTON of Pennsylvania. Mr.
Chairman, I strongly oppose the new
House appropriation practice of com-
bining so many diverse programs in
this one appropriation bill, H.R. 9270,
entitled Department of Agriculture—
Environmental and Consumer Protec-
tion Appropriation Bill, 1972.
Title III appropriates about $3 bil-
lion, specifically $3,126,055,000 for en-
vironmental protection. These are pro-
grams aimed at improving our envi-
ronment, including financing the new
Environmental Protection Agency and
HUD water and sewer grants, water-
shed protection programs, dams,
stream channelization and sedimen-
tary control to halt pollution. Surely
these important programs of $3 bil-
lion deserve a separate appropriation
bill, to be carefully considered. In-
stead, they are combined in one bill
with inflationary programs for the
purpose of carrying the weight and
the load of such huge inflationary and
deficit-producing programs that have
on their own, been running into more
and more opposition, and beginning
to wake up to the higher taxes, higher
food and clothing prices, higher defi-
cits, and higher inflation caused by
title I.
[p. H5810]
Mr. WRITTEN. Mr. Chairman, I
move that the Committee do now rise
and report the bill back to the House
with sundry amendments, with the
recommendation that the amendments
be agreed to and that the bill as
amended do pass.
The motion was agreed to.
Accordingly, the Committee rose;
and the Speaker pro tempore (Mr.
BOSGS) having assumed the Chair,
Mr. WRIGHT, Chairman of the Com-
mittee of the Whole House on the
State of the Union, reported that that
Committee, having had under consid-
eration the bill H.R. 9270, making
appropriations for Agriculture-En-
vironmental and Consumer Protection
programs for the fiscal year ending
June 30, 1972, and for other purposes,
had directed him to report the bill
back to the House with sundry
amendments with the recommendation
that the amendments be agreed to and
that the bill as amended do pass.
Mr. WHITTEN. Mr. Speaker, I
-------
2006
LEGAL COMPILATION—GENERAL
move the previous question on the
bill and all amendments thereto to
final passage.
The previous question was ordered.
The SPEAKER pro tempore. Is a
separate vote demanded on any
amendment? If not, the Chair will
put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The
question is on the engrossment and
third reading of the bill.
The bill was ordered to be en-
grossed and read a third time, was
read the third time, and passed, and
a motion to reconsider was laid on the
table.
[p. H5811]
1.17a(4)(b) July 15: Amended and passed Senate, pp. S11161,
S11162, S11163, S11164, S11165, S11207-S11208, S11226-S11228
Mr. McGEE. Mr. President, H.R.
9270, the Department of Agriculture,
environmental and consumer protec-
tion appropriation bill for fiscal year
1972, as reported to the Senate by the
Appropriations Committee provides
for $13,090,266,050 in new obligational
authority. This represents an increase
of $985,452,200 over the budget esti-
mates and is $666,370,000 more than
provided by the other body.
*****
As Members of this body are aware,
the jurisdiction of the Appropriations
Subcommittee, previously referred to
as the Department of Agriculture and
Related Agencies, was greatly expand-
ed as a result of reorganization of
subcommittee assignments and juris-
diction. In addition to those agencies
which were previously funded under
the Department of Agriculture and
Related Agencies bill, this subcom-
mittee assumed jurisdiction of most of
the environmental and consumer pro-
tection agencies and commissions.
These include the Environmental Pro-
tection Agency, the Office and Council
on Environmental Quality, the Na-
tional Commission on Materials Policy,
grants for basic water and sewer fa-
cilities in the Department of Housing
and Urban Development, Office of Con-
sumer Affairs, the Consumer Product
Information Coordinating Center in
the General Services Administration,
National Commission on Consumer
Finance, Food and Drug Administra-
tion, and the Federal Trade Commis-
sion. With this additional jurisdiction,
the subcommittee now is most appro-
priately referred to as the Subcommit-
tee for the Department of Agriculture,
Environmental and Consumer Protec-
tion, which reflects more adequately
the jurisdiction and responsibility of
the subcommittee.
Also, with this additional jurisdic-
tion, the bill is broken down into five
separate titles as follows:
I.—Agriculture Programs.
II.—Rural Development.
III.—Environmental Protection.
IV.—Consumer Protection and Services.
V.—General Provisions.
A further breakdown and subdivi-
sions under these titles are contained
in both the bill and the accompanying
report.
By way of summary, however, the
bill as recommended by the committee
contains the following amount for
each of the major titles:
Title I. Agriculture programs- $ 5,877,484,050
Title II. Rural development 954,397,000
Title III. Environmental pro-
tection 3,495,362,000
Title IV. Consumer protection
and services 2,768,023,000
Total $13,090,266,050
I think it is important to separate
the money items in the bill. For all too
long the farmers have been blamed
-------
STATUTES AND LEGISLATIVE HISTORY
2007
for very large total sums that are at-
tributed to the Department of Agri-
culture or agriculture programs and
the man in the street wonders why the
farmer receives sums of that magni-
tude. Lest the total appropriation of
something over $13 billion be wrong-
fully reassigned to the various pro-
grams in agriculture, I will take the
time to break it down. Of the $13 bil-
lion plus, less than one-half or $5.8
billion is devoted to agriculture pro-
grams; a little less than $1 million
goes to rural development; almost
$3.5 billion goes to environmental pro-
tection; and $2.7 billion goes to con-
sumer protection and services.
In a bill of this magnitude, involving
many varied and complex programs,
the breakdown as set forth above is not
and cannot be a matter of precise or
[p. S11161]
definite determination. Some judgment
is necessarily involved. This break-
down, however, will provide the pub-
lic with some general understanding
of the Federal financial resources
which are being directed to the major
programs and efforts which are the
subject matter of this bill.
[p. S11162]
Mr. McGEE.
The Senate also recommends con-
currence with the action taken by the
House in providing $2,000,000,000 for
the construction grants program under
the Environmental Protection Agency.
This item is subject to enactment of
authorizing legislation which expired
on June 30, 1971. This authorization,
however, has been extended tempo-
rarily to September 30,1971, at an au-
thorized level of $500,000,000. It is
expected that the $2 billion program
will be authorized between now and
that later date, at which time the en-
tire $2,000,000,000 appropriation will
become operative.
*****
The committee also recommends an
additional appropriation or the Envi-
ronmental Protection Agency of $23,-
800,000 over the amount in the House
bill.
There are other modifications in re-
gard to the House bill, but they are
spelled out in the report, and are of
such nature that they do not require
singling out at this time.
[p. S11163]
Mr. HRUSKA.
* * * * *
Another important aspect of the
broadened base of this committee is
that it will allow for increased co-
operation between the agencies of
Government which have the respon-
sibility of the production of food and
the protection of our environment.
U.S. agriculture has had a long
tradition and history of environmental
protection and consumer interest.
Those activities will now proceed with
greater force and efficiency.
Examples of this tradition and his-
tory are numerous:
*****
[p. S11164]
Ninth. Environmental Protection
Agency.
The committee is a strong supporter
of this new agency established by the
President last December. In this bill,
the Senate has provided $2.44 billion
for the total activities of the En-
vironmental Protection Agency. This
is some $1.1 billion more than last
year and indicates our clear recogni-
tion of the needs in this area and the
high priority accorded them.
*****
[p. S11165]
-------
2008
LEGAL COMPILATION—GENERAL
DEPARTMENT OF AGRICUL-
TURE-ENVIRONMENTAL AND
CONSUMER PROTECTION AP-
PROPRIATIONS, 1972
The Senate continued with the con-
sideration of the bill (H.R. 9270)
making appropriations for the agri-
culture-environmental and consumer
protection programs for the fiscal year
ending June 30, 1972, and for other
purposes.
STATES NEED FEDERAL FUNDS FOR CLEAN
AIR ACT EFFORT
Mr. RANDOLPH. Mr. President, I
have offered an amendment to increase
the environmental protection appro-
priation by $10 million. The expressed
purpose of this additional amount
would be to increase funding for the
support of State and local air pollu-
tion planning and control programs,
under section 105 of the Clean Air Act,
as amended.
Under the 1970 amendments to the
Clean Air Act, a considerable burden
was placed on the resources of State
air pollution control agencies. They
are required, largely within the balance
of this calendar year, to develop com-
prehensive implementation plans, ade-
quate to bring air quality within the
State to the national standard within
3 years. These plans must include spe-
cific limitations on every air pollution
source within the State, and if the
plan is not adequate the Federal Gov-
ernment takes over the responsibility.
There is no way that most States
can meet that burden, and prepare
that plan adequately to forestall Fed-
eral intervention without a substantial
influx of money from the Federal
Government. The Committee on Public
Works, recognizing this fact during
the consideration of last year's clean
air amendments, asked the administra-
tion to help us develop the level of
authorization necessary to make this
program work.
The committee, both in its report
and through statements of members
made during debate of the bill, warned
that this bold attempt to make
America's air safe to breathe by 1975
would not succeed if inadequately
funded. We said in the committee
report:
Appropriations for the 1967 Act have been
approximately one-half the amount authorized.
This lack of funding has lessened the effective-
ness of the Air Quality Act. . . . This pattern
cannot continue if the Congress and the Federal
government are to retain credibility with the
American people.
The total authorization in the 1970
clean air amendments was $350 mil-
lion for fiscal year 1972. This bill, fol-
lowing the administration request,
contains only $150,840,000 for air pol-
lution. Once again, this is less than
half the amount which just last De-
cember the Congress determined was
essential to this program.
Mr. President, I have been informed
by the West Virginia Air Pollution
Control Commission that without Fed-
eral funding at the authorized level,
West Virginia will be unable to pre-
pare a realistic implementation plan
within the statutorily required time.
That State is faced with a Federal
takeover of their responsibilities.
In recent correspondence with the
Committee on Public Works, Carl G.
Beard II, director of the West Vir-
ginia Air Pollution Control Commis-
sion has made this point emphatically:
In West Virginia's situation, we have been
informed by EPA that we will not be granted
the total federal monies that we are eligible
for. Other promises of contractual assistance
funded by the federal government apparently
are now being withheld due to lack of funds.
Both of the above according to EPA is due
to a lack of funds.
West Virginia has more than doubled the
appropriation in state funds for FY '72, EPA
was aware, over a year ago, that we intended
to have a significant increase in state funds
for that fiscal year. However, if the informa-
tion we received from EPA is correct, the
Congress has not provided sufficient funds to
carry out the programs as planned. The states
need monies now—not in FY '73.
Mr. President, the States cannot dis-
charge their responsibilities under the
-------
STATUTES AND LEGISLATIVE HISTORY
2009
Clean Air Act without the extra Fed-
eral funds this amendment would pro-
vide. If the States fail, the Federal
Government must assume the task
and the expense anyway, or the goal
of health air will be many years
away. This small additional sum, in-
vested now in the State programs, is
essential to the early attainment of
clean air. I urge the adoption of this
amendment.
Mr. President, a small amount of
money is involved. We have to invest
it to assist the States at a time when
they are attempting to cooperate with
the Federal Government to comply
with the clean air amendments of 1970
and help the American people to have
a better quality of life through the
strengthening of this form of environ-
ment need.
Mr. McGEE. Mr. President, the
members of the committee weighed
this proposal very carefully. The great
emphasis in the testimony was to try
to move the States more rapidly into
this area, which is new to them, as it
is to most of us, and it was felt this
would help hold down the cost and
bring a greater amount of perform-
ance.
The committee is willing to take this
amendment to conference and see how
we come out with it. It is one of those
areas where, if the States could move
faster, it would serve to implement the
rest of the efforts we have already
authorized.
Mr. HRUSKA. Mr. President, will
the Senator yield?
Mr. McGEE. I yield.
Mr. HRUSKA. Mr. President, I
rise to express concurrence with the
thoughts expressed by the Senator
from Wyoming. It is the type of sub-
ject we would be willing to take to
conference and do the best we can with
it.
Mr. RANDOLPH. Mr. President, I
am appreciative of the attitude ex-
pressed by the Senators from Wyom-
ing and Nebraska, I know that the
chairman of the Appropriations Com-
mittee (Mr. ELLENDER) and others
feel this is an important subject mat-
ter. I realize that there may be some
difference of opinion as to the imple-
mentation needs of the States, but we
do feel, as expressed to our committee,
that the information coming to us is
that the States want to do this and
they need funds with which to make
these comprehensive plans.
I hope that in conference with the
House of Representatives this amount
of money can be retained.
Mr. COOPER. Mr. President, will
the Senator yield?
Mr. RANDOLPH. I yield.
Mr. COOPER. Mr. President, I
rise to support the amendment offered
by Senator RANDOLPH to increase the
appropriation to implement the Clean
Air Act Amendments of 1970. Most
Senators will remember at the time of
adoption of the Clean Air Act in Sep-
tember of last year the committee
report and the floor manager paid
special attention to the fact that the
program would have to be funded ade-
quately for implementation, if the
American people were not to be misled
[p. S11207]
in the battle to combat air pollution.
The Appropriation Committees on
both sides have recommended sig-
nificant increases in the air pollution
budget. The amount, however, does not
fully fund the total authorization of
the amount necessary to implement
the act; an authorization which the
Committee on Public Works developed
after consultation with the adminis-
tration. In its report the Appropria-
tion Committee points out that EPA
is only several months old and requires
a tooling up period. However, the
increase asked for by Senator RAN-
DOLPH is for State program assistance
—an already ongoing program and
should be readily utilized without fur-
ther manpower demands on EPA.
In addition to requiring perform-
-------
2010
LEGAL COMPILATION—GENERAL
ance under some very rigid timetables,
the Clean Air Act places great re-
sponsibilities on State air pollution
control agencies. In fact, these State
agencies are the heart of the control
program and success will come, or not
come, as a result of their activities.
Section 105 of the Clean Air Act pro-
vides assistance to State air pollu-
tion control programs. The purpose of
the amendment offered today by
Senator RANDOLPH is to increase the
amount of assistance available to the
States and I support it.
Without markedly increased assist-
ance State programs will not be able
to comply with the rigorous require-
ments placed on them by the act and
the public will increasingly demand
Federal intervention. I personally be-
lieve the matter of air pollution can
best be addressed at the field level by
the State and local governments. But
I recognize that the State and local
governments must have resources
available for full implementation. This
amendment therefore is an extension
of the Federal-State partnership cre-
ated in the Clean Air Act and con-
tinued in the amendments of 1970.
I am happy to join with the chair-
man of my committee, with Senators
MUSKIE, BOGGS, and BAKER as a co-
sponsor of this necessary amendment.
Mr. President, I urge my colleagues
to support this amendment.
[p. S11208]
Mr. HUMPHREY. Mr. President, I
am delighted that the Senate Commit-
tee on Appropriations acted yesterday
to fund the section 702 water and
sewer grant program at $700 million.
I can think of no more important
item in the appropriations legislation
before the Senate today. Towns and
cities around the country have a des-
perate need for water and sewer fa-
cilities. Although these communities
are conscientiously trying to provide
adequate water and sewer facilities,
they have no source of funds in many
cases. In some cases municipalities
have been given a deadline for clean-
ing up their water and sewer systems
by the Environmental Protection
Agency.
The section 702 program is a good
program—it is a program designed
to help the Nation's communities meet
their urgent needs for improved water
and sewer facilities and it is designed
to support our national housing goals.
Its purpose is to correct the most
basic pollution problem in America—
the problem of proper disposal of the
waste of the Nation's towns and cities.
As chairman of the Rural Develop-
ment Subcommittee, I have a special
interest in seeing that the Nation's
small towns are able to finance water
and sewer systems. Without an ade-
quate water and sewer system, the
small towns of the Nation cannot ex-
pect to grow; they cannot expect to
hold the rural population which is now
migrating to metropolitan areas.
The section 702 program is not
aimed at small towns. It is not aimed
at large cities. It is aimed at towns,
cities, and communities of all sizes.
However, 71 percent of the available
funds are going to towns of 50,000
and under.
The section 702 program is oriented
toward the orderly growth and de-
velopment of an area. In order to
qualify for assistance the grant appli-
cation must conform to a unified or
officially coordinated areawide water
and sewer facilities system.
Although the section 702 program
has been an excellent one, its funding
has been far from adequate. Last year
the Congress appropriated $500 mil-
lion for the program. The President
vetoed the appropriation bill, stating
that the Congress had appropriated
too much money for water and sewer
facilities.
When the appropriations legislation
went through the Congress again, the
figure for section 702 was $350 mil-
lion. However, the President refused
-------
STATUTES AND LEGISLATIVE HISTORY
2011
to spend $200 million of this amount.
For the water and sewer needs of
towns and cities of the Nation, the
administration spent only $150 mil-
lion during the past fiscal year.
In the current budget request the
administration asked for no money
for the section 702 program for fiscal
year 1972. The administration stated
that it intended to spend $100 million
of last year's appropriation for water
and sewer facilities in the first 6
months in fiscal year 1972. On May
13, Secretary Romney testified before
the Senate Appropriations Commit-
tee and stated that only $100 million
would be spent because the adminis-
tration would merge the section 702
water and sewer grant program into
the new urban community develop-
ment revenue sharing program. The
Secretary stated that he did not think
that his Department could properly
and efficiently spend the money appro-
priated under section 702 and that it
would be better to distribute this
money to the States to spend as they
wish.
However, 1 month later, on June 14,
Secretary Romney wrote to the Chair-
man of the Agriculture Appropria-
tions Subcommittee and stated that
the administration had decided to take
the section 702 program out of its
urban community development reve-
nue sharing program. He stated that
now the administration has decided
to utilize in fiscal year 1972 the full
$200 million of section 702 money that
it refused to spend in fiscal year 1971.
Mr. President, the section 702 water
and sewer grant program has proven
worth. It has been extremely success-
ful, and it is urgently needed by the
towns and communities of the Nation.
I hope that Secretary Romney will
make up his mind as to whether his
Department can administer this pro-
gram and spend the money appropri-
ated by the Congress. I hope that the
will of the Congress will not again be
frustrated by the administration's re-
fusal to spend money for water and
sewer grants.
I would suggest that if the Presi-
dent is really serious about relieving
the financial crises of the Nation's
communities and towns, that he will
allow the expenditure of the money
that is so badly needed to meet the
water and sewer needs of these towns.
Mr. President, at this point I pre-
sent for the RECORD a table presented
to the House Banking and Currency
Committee in June cf 1970 by the Na-
tional Association of Counties. The
table gives a State-by-State breakdown
of grant applications for water and
sewer assistance which were not
funded by the Department of Housing
and Urban Development.
LOCAL GOVERNMENT GRANT APPLICATIONS FOR
WATER AND SEWER ASSISTANCE NOT FUNDED
BY DEPARTMENT OF HOUSING AND URBAN DE-
VELOPMENT
State
Grant
Number applica- Total
of grant tions project
applica- amount cost
tions
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut ..
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana ....
Maine
Maryland
Massachusetts
Michigan
Minnesota ...
Mississippi ...
Missouri
Montana
Nebraska
Nevada
51
15
31
52
271
73
95
8
135
43
19
3
191
77
67
60
28
107
48
47
225
308
63
29
104
14
45
16
(millions)
$15.68
7.27
11.85
20.97
158.17
19.71
59.82
3.30
69.12
19.64
5.78
.69
89.58
48.57
20.58
13.60
55.89
70.17
8.31
22.44
93.33
331.20
42.49
10.88
34.06
2.47
16.80
4.30
(millions)
$33.66
17.15
26.30
45.57
365.25
48.62
155.36
6.99
164.03
46.39
14.12
1.39
201.96
131.00
41.89
28.89
136.54
158.16
18.58
51.12
227.23
722.95
68.76
28.48
80.56
4.89
48.64
11.27
-------
2012
LEGAL COMPILATION—GENERAL
LOCAL GOVERNMENT GRANT APPLICATIONS FOR
WATER AND SEWER ASSISTANCE NOT FUNDED
BY DEPARTMENT OF HOUSING AND URBAN DE-
VELOPMENT— contin ued
State
Number
of grant
applica-
tions
Grant
applica-
tions
amount
Total
project
cost
New Hampshire .
New Jersey ....
New Mexico
New York
North Carolina .
North Dakota ...
Ohio
Oklahoma
Oregon
Pennsylvania ...
Rhode Island ..
South Carolina .
South Dakota ...
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia ..
Wisconsin
Wyoming
Puerto Rico ....
Virgin Islands ..
National total
27
163
13
426
48
7
255
51
47
317
26
44
17
47
224
60
33
55
63
36
85
5
25
1
(millions)
11.84
92.55
2.61
441.50
19.12
2.01
204.45
15.31
26.18
158.68
16.93
16.93
3.76
16.33
55.39
14.01
7.41
47.10
17.06
25.13
37.79
.37
5.78
.14
(millions)
27.00
209.20
6.83
887.13
51.30
8.51
420.62
36.68
65.68
343.72
39.08
48.40
8.07
38.91
130.52
33.41
16.89
101.47
40.51
35.54
84.74
.79
13.81
.29
4,308 2,496.75 5,538.22
[p. S11226]
Mr. BOGGS. Mr. President, I should
like to comment on that portion of
H.R. 9270 which appropriates funds
for the activities of the Environmental
Protection Agency. The bill calls for
expenditures of nearly $2.5 billion for
the work of the Environmental Pro-
tection Agency during fiscal year 1972.
This nearly doubles the sums appro-
priated in fiscal 1971, when the com-
ponents of EPA were divided among
several agencies.
An increase of this magnitude is
vital if we are to carry out effectively
the programs for enhancing the qual-
ity of our air, water, and our land.
Late last year, the Congress adopted
extensive amendments to the Clean
Air Act. To meet the challenge of
healthy air quality everywhere by the
middle of this decade, more funds must
be spent this fiscal year to implement
air quality programs. Therefore, this
legislation calls for an appropriation
for air pollution program totaling
$162,114,000 this fiscal year, an in-
crease from the $108,840,000 appro-
priated in 1971.
Mr. President. I was honored to
cosponsor and support the amendment
offered by the distinguished Chairman
of the Committee on Public Works
(Mr. RANDOLPH) increasing the funds
available to support air pollution con-
trol programs operated by the States.
Current Federal legislation clearly
establishes the policy that the primary
responsibility for controlling pollution
rests with the States. Since the amend-
ments to the Clean Air Act last year
imposed heavy new State responsibil-
ities for control of air pollution, I be-
lieve we are wise to increase dramati-
cally the program grant funds to the
States.
Chairman RANDOLPH'S amendment
increased these funds in fiscal year
1972 to $52,900,000 from the $42,900,-
000 proposed in the budget and the
$30,200,000 appropriated for this pur-
pose in fiscal year 1971.
To .combat water pollution, the bill
appropriates $2,151,364,000, an in-
crease from the $1,116,627,000 appro-
priated last year. The greatest portion
of this increase is due to a doubling of
the funds for construction of munici-
pal waste treatment facilities. The
1972 fiscal appropriation of $2 billion
for these sewage treatment grants
matches the President's request. I
might point out that a comprehensive
study by the Environmental Protection
Agency charts an existing backlog of
approximately $12 billion in needed
facilities over the next 3 years to meet
the existing water quality standards
established on our rivers and lakes.
On other aspects of the water pollu-
tion program—program grants to the
-------
STATUTES AND LEGISLATIVE HISTORY
2013
States, research, enforcement, and so
forth—the bill appropriates $151,364,-
000, an increase from last year's
$116,627,000.
This legislation also includes $43,-
378,000 for programs to combat solid
waste pollution, a major increase from
the $19,591,000 appropriated last year.
While relatively small, this portion of
the EPA program is one of the most
significant covered by this entire bill.
I am referring in particular to the
funds in support of section 208 of the
Solid Waste Disposal Act, the section
authorizes projects to demonstrate re-
source recovery systems.
The budget requested $4,093,000 for
section 208. The Appropriations Com-
mittee is recommending to the Senate
that $19,093,000 be appropriated for
that aspect of the EPA program dur-
ing fiscal year 1972. I would like to ex-
plain the reasons the committee be-
lieved it was necessary to increase the
funds above the level requested in the
budget and approved in the House
version of the bill.
Section 208 was a part of the Re-
source Recovery Act of 1970. This
legislation became law on October 26,
1970. This section, I believe, is the
most significant aspect of last year's
act. It enables the Federal Govern-
ment to go beyond resource recovery
research into a strong program to
demonstrate the effectiveness of such
systems. This section will move re-
source recovery out of the laboratory
into the marketplace to show what
programs are feasible.
The Committee on Public Works, in
its report on this legislation—Senate
Report 91-1034—observed:
The nation can no longer afford to await
more study and analysis. We must move from
the great deal of information presently avail-
able to full-scale demonstration of recovery
systems.
To move this program forward, the
Congress authorized $80 million for
section 208 during fiscal year 1972.
That $80 million exceeds the sums
authorized in fiscal 1972 for all other
solid waste programs administered by
the Environmental Protection Agency.
The budget seeks $4,093,000 for sec-
tion 208 this fiscal year. In response
to questions during the hearings, EPA
indicated that $4 million would enable
the agency to initiate two demonstra-
tion projects.
I believe that $4,093,000 and two
projects is inadequate to the magni-
tude of the solid waste problem.
Americans spend something in the
neighborhood of $5 billion each year
for the collection, processing, and dis-
posal of municipal trash. And after
that money is spent, more square miles
of America have been turned into
dumps and valuable materials lost to
any possible reuse.
Section 208 provides the mechanism
for having technology into the cities
and suburbs to halt the trend of rising
costs paid by the public for handling
solid wastes. It provides the mechan-
ism for saving precious resources.
But recycling will be an answer to
the solid waste problem only if the
materials recovered from the munici-
pal trashpile can be successfully mar-
keted. Pilot and research programs
have demonstrated that many viable
technological answers exist to recy-
cling. Only a program of demonstra-
tion projects can show if a steady
stream of reusable materials can be
successfully marketed.
The Appropriations Committee re-
ceived considerable testimony in sup-
port of increased appropriations for
section 208. Gov. Russell W. Peterson
of Delaware testified most elequently
that resource recovery was the only
feasible long-term answer available to
a small but well-developed State, like
Delaware.
Governor Peterson pointed out the
imaginative work begun by the State
of Delaware toward the design and
construction of a recycling plant in
Wilmington. This plant, which could
ultimately qualify for a section 208
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2014
LEGAL COMPILATION—GENERAL
grant of as much as 75 percent toward
the total cost of about $11 million,
would take most of the solid wastes
from northern Delaware and extract
reusable metals, compost, and other
materials. Delaware, to demonstrate
its commitment, has appropriated
$1,000,000 toward design of this plant.
I am informed that several dozen
similar recycling plants are under de-
velopment across the Nation. I believe
it would be unwise to initiate only
two projects this year. An appropria-
tion of $19 million would enable EPA
to find a sufficient number of demon-
stration projects in order to test a
variety of recycling concepts.
The Executive Branch has initiated
a state-of-the-art study on resource
recovery to assess which types of
systems appear most promising for
section 208 grants. This study will be
completed by the latter part of the
summer and the EPA should be in a
position to accept official grant appli-
cations by September. It is my belief
that EPA must have the funds to ini-
tiate several section 208 grants in
order to find the best answers to the
program of solid waste pollution.
An imaginative section 208 pro-
gram represents an investment—a
start—toward that day when we con-
vert solid wastes from an environ-
mental problem into a resource for
our people.
Mr. President, in closing, I would
commend the work by the chairman
of the subcommittee (Mr. McGEE) and
by the subcommittee's ranking member
(Mr. HRUSKA). Their cooperative
spirit has been most helpful to me,
and I am confident to all members of
the Subcommittee on Agriculture, En-
vironment, and Consumer Protection.
Further, I want to commend the ex-
cellent work by the subcommittee's
staff under the direction of Dudley
Miles.
The PRESIDING OFFICER. The
bill is open to further amendment. If
there be no further amendment to be
proposed, the question is on the en-
grossment of the amendments and
third reading of the bill.
The amendments were ordered to be
engrossed and the bill to be read a
third time.
The bill (H.R. 9270) was read the
third time.
The PRESIDING OFFICER. Do
the Senators yield back the remainder
of their time on the bill?
Mr. McGEE. I yield back all remain-
ing time on the bill.
Mr. HRUSKA. I yield back all re-
maining time on the bill.
The PRESIDING OFFICER. All
time has been yielded back. The bill
having been read the third time, the
question is, Shall it pass?
On this question the yeas and nays
have been ordered, and the clerk will
call the roll.
The assistant legislative clerk called
the roll.
[p. S11227]
*****
The result was announced—yeas 78,
nays 2, * * *
*****
So the bill (H.R. 9270) was passed.
Mr. McGEE. Mr. President, I move
to reconsider the vote by which the
bill was passed.
Mr. HRUSKA. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
[p. S11228]
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STATUTES AND LEGISLATIVE HISTORY
2015
1.17a(4)(c) July 27: House agrees to conference report, pp.
H7170-H7173
CONFERENCE REPORT ON H.R. 9270,
AGRICULTURE-ENVIRONMENTAL AND
CONSUMER PROTECTION PROGRAMS, 1972
Mr. WRITTEN. Mr. Speaker, I call
up the conference report on the bill
(H.R. 9270) making appropriations
for the agriculture-environmental and
consumer protection programs for the
fiscal year ending June 30, 1972, and
for other purposes, and ask unani-
mous consent that the statement of
the managers be read in lieu of the
report.
The Clerk read the title of the bill.
The SPEAKER. Is there objection
to the request of the gentleman from
Mississippi?
There was no objection.
The Clerk read the statement.
(For conference report and state-
ment, see proceedings of the House of
July 22, 1971.)
Mr. WHITTEN (during the read-
ing) . Mr. Speaker, I ask unanimous
consent that further reading of the
statement be dispensed with.
The SPEAKER. Is there objection
to the request of the gentleman from
Mississippi?
There was no objection.
The SPEAKER. The gentleman
from Mississippi is recognized for 1
hour.
Mr. WHITTEN. Mr. Speaker, we
bring before you today the conference
report on appropriations for agricul-
ture-environmental and consumer pro-
tection programs for fiscal year 1972.
The bill totals $13,276,900,500. Its
impact on America is far greater than
this sum would indicate. For it is this
bill that provides for enhanced farm
income which, in turn, helps those
whose products farmers buy. It is this
bill that encourages farmers to invest
in good conservation practices through
matching programs such as REAP
and the Great Plains program which
benefit us all. It is this bill which pro-
vides funds to encourage communities
to invest in water and sewer systems
and resource development.
[p. H7170]
ENVIRONMENTAL PROTECTION
Title HI includes programs for en-
vironmental protection at $3,490,477,-
500, which is $573,813,500 above the
budget and $14,884,500 below the
Senate bill.
This title includes $2,448,400,000
for the many functions of the En-
vironmental Protection Agency, in-
cluding $2 billion for waste treatment
facilities. This total also includes an
additional $7.5 million above the
budget for solid waste disposal.
I wish to call the attention of the
House to the following provision in
the conference report on the need for
a balanced approach in assessing the
environment:
The conferees believe it most important
that the various agencies of Government and
the Congress, in the review and appraisal of
Federal Government programs, projects, and
activities, have full information available not
only as to the impact upon the environment
[p. H7171]
but also the significant economic impact on
the public and the affected areas and indus-
tries.
The conferees, therefore, direct that, in ad-
dition to the environmental effects of an
action, all required reports from departments,
agencies, or persons shall also include infor-
mation, as prepared by the agency having
responsibility for administration of the pro-
gram, project, or activity involved, on the
effect on the economy, including employment,
unemployment, and other economic impacts.
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2016
LEGAL COMPILATION—GENERAL
The conferees expect the agencies involved
to spend such additional sums as may be
necessary, out of general funds available, to
cover any additional costs of preparing such
statements.
This requirement will apply primarily to the
environmental impact statements required un-
der section 102 of the Environmental Quality
Act, and the reports required under the per-
mit dumping programs based on the Refuse
Act of 1899.
[p. H7172]
The question was taken; and there
were—yeas 230, nays 162, not voting
41, * * *
[p. H7173]
1.17a(4)(d) July 28: Senate agrees to conference report,
pp. S12334-S12337
[No Relevant Discussion on Pertinent Section]
-------
STATUTES AND LEGISLATIVE HISTORY 2017
1.1 7b AGRICULTURAL-ENVIRONMENTAL AND
CONSUMER PROTECTION PROGRAMS APPROPRIATION
August 22, 1972, P.L. 92-399, Title III, 86 Stat. 604
An Act
Making appropriations for Agricultural-Environmental and Consumer Protec-
tion programs for the fiscal year ending June 30, 1973, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the follow-
ing sums are appropriate, out of any money in the Treasury not
otherwise appropriated, for Agricultural-Environmental and Con-
sumer Protection programs for the fiscal year ending June 30,
1973, and for other purposes ; namely :
TITLE III— ENVIRONMENTAL PROGRAMS
*******
ENVIRONMENTAL PROTECTION AGENCY
AGENCY AND REGIONAL MANAGEMENT
For agency and regional management expenses, including offi-
cial reception and representation expenses (not to exceed $2,000) ;
hire of passenger motor vehicles ; hire, maintenance, and operation
of aircraft; uniforms, or allowances therefor, as authorized by
5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but
at rates for individuals not to exceed the per diem rate equivalent
to the rate for GS-18 ; purchase of reprints ; library memberships
in societies or associations which issue publications to members
only or at a price to members lower than to subscribers who are
not members ; $41,960,400.
RESEARCH AND DEVELOPMENT
For research and development activities, including hire of
passenger motor vehicles; hire, maintenance, and operation of
aircraft; services as authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to the
rate of GS-18; purchase of reprints; library memberships in
societies or associations which issue publications to members only
or at a price to members
[p. 12]
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2018 LEGAL COMPILATION—GENERAL
lower than to subscribers who are not members; $182,723,700, to
remain available until expended: Provided, That not later than
the date set forth in section 102 (c) of the joint resolution ap-
proved July 1, 1972 (Public Law 92-334), as amended, this
appropriation shall be available only within the limits of amounts
authorized by law for fiscal year 1973.
For an amount to provide for independent grant and contract
review advisory committees for the review of the Agency's pri-
orities to assure that such contracts and grants are awarded only
to qualified research agencies or individuals, $2,500,000.
ABATEMENT AND CONTROL
For abatement and control activities, including hire of pas-
senger motor vehicles; hire, maintenance, and operation of air-
craft; services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the rate
for GS-18; purchase of reprints; library memberships in societies
or associations which issue publications to members only or at a
price to members lower than to subscribers who are not members;
$208,935,700, to remain available until expended: Provided, That
not later than the date set forth in section 102 (c) of the joint
resolution approved July 1, 1972 (Public Law 92-334), as
amended, this appropriation shall be available only within the
limits of amounts authorized by law for fiscal year 1973.
For an amount to provide for independent grant and contract
review advisory committees for the review of the Agency's pri-
orities to assure that such contracts and grants are awarded only
to qualified agencies or individuals, $2,000,000.
Not to exceed 7 per centum of any appropriation made available
to the Environmental Protection Agency by this Act (except
appropriations for "Construction Grants" and "Scientific Activi-
ties Overseas") may be transferred to any other such appropria-
tion.
ENFORCEMENT
For enforcement activities, including hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for GS-18; pur-
chase of reprints; library memberships in societies or associations
which issue publications to members only or at a price to members
lower than to subscribers who are not members; $28,894,200.
-------
STATUTES AND LEGISLATIVE HISTORY 2019
CONSTRUCTION GRANTS
For construction of waste treatment works pursuant to the Fed-
eral Water Pollution Control Act, as amended, $1,900,000,000, to
remain available until expended: Provided, That this appropria-
tion shall be available only within the limits of amounts author-
ized by law for fiscal year 1973.
SCIENTIFIC ACTIVITIES OVERSEAS
For payments in foreign currencies which the Treasury Depart-
ment determines to be excess to the normal requirements of the
United States, for necessary expenses of the Environmental Pro-
tection Agency in the conduct of scientific activities overseas in
connection with environmental pollution, as authorized by law,
$4,000,000, to remain available until expended: Provided, That
this appropriation shall be available, in addition to other appropri-
ations to such Agency, for payments in the foregoing currencies.
1.17b(l) HOUSE COMMITTEE ON APPROPRIATIONS
H.R. REP. No. 92-1175, 92d Cong., 2d Sess. (1972)
DEPARTMENT OF AGRICULTURE-ENVIRONMENTAL AND
CONSUMER PROTECTION APPROPRIATION BILL, 1973
JUNE 26, 1972.—Committed to the Committee of the Whole House and ordered
to be printed
Mr. WHITTEN, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany H.R. 15690]
The Committee on Appropriations submits the following report
in explanation of the accompanying bill making appropriations for
the Agriculture-Environmental and Consumer Protection Pro-
grams for fiscal year 1973.
SUMMARY BY TITLE
The bill provides $12,897,010,900 for the regular activities of
the Department of Agriculture, the Commodity Credit Corpora-
tion, rural development, the Environmental Protection Agency,
-------
2020 LEGAL COMPILATION—GENERAL
the Council on Environmental Quality, and HUD water and sewer
grants. Under Consumer Protection, the bill includes the Food and
Drug Administration, the Federal Trade Commission, the Office
of Consumer Affairs, and the Consumer Product Information
Coordinating Center. Other agencies include the Farm Credit
Administration, National Commission on Materials Policy, Na-
tional Industrial Pollution Control Council, and the National Com-
mission on Consumer Finance.
The bill is divided into four major titles—a division which is
designed to demonstrate the general impact of the appropriation.
Such a division is by no means precise and is subject to individual
interpretation because of the multiple benefits derived from the
programs funded in this bill.
[p. 1]
TITLE III—ENVIRONMENTAL PROGRAMS
Title III includes funds for the programs of primary benefit to
our environment, such as the activities of the Environmental Pro-
tection Agency. It includes funding for advisory offices such as
the Council on Environmental Quality, the National Industrial
Pollution Control Council, and the National Commission on Ma-
terials Policy.
It also includes the environmental programs of the Department
of Agriculture, including the Rural Environmental Assistance
Program and the watershed and flood prevention programs which
through dams, terraces, and grassed waterways do much to halt
pollution at the headwaters. In all, $2,944,684,500 is provided in
this title for these environmental protection programs.
[p. 2]
ENVIRONMENTAL PROGRAMS
The Committee has long supported restoration, development, and
improvement of our environment through the agricultural conserva-
[P. 4]
tion program, now called the rural environmental assistance pro-
gram, which has built 2.2 million water storage reservoirs, 114
million acres of strip cropping systems and many other pollution
control measures. To date, the first 1,000 Soil Conservation Service
watershed projects funded by this Committee have prevented
damage totaling $178 million. In addition, national reforestation
efforts have meant the replanting of 30 million acres.
For the past two years, the Committee has reviewed the activi-
-------
STATUTES AND LEGISLATIVE HISTORY 2021
ties of the Environmental Protection Agency. It has become
increasingly evident that the Agency and its Administrator have
been subjected to the stress of putting together an agency from
many dissident parts while being1 asked to absorb functions
assigned by more and more legislation. The Committee has identi-
fied serious problems due to a lack of expertise in many of the
areas on which EPA is asked to rule. The Committee has, there-
fore, provided funds for advisory committees to review the re-
search priorities of the Agency to assure that grants and contracts
are properly directed.
The Committee has, for some time, held the view that it is not
how little can be measured, but the effect that counts. We must
require standard tests to determine legal tolerances which are no
greater than the amount determined to be absolutely safe. Such a
tolerance process must be widely understood for there is no such
thing as zero tolerance with modern ultra-sensitive testing devices.
The Committee has also provided funds for scientific and tech-
nical training to assure that EPA employees are of a caliber equal
to their awesome task.
The Committee has also determined that the Environmental Pro-
tection Agency budget fails to provide adequately for the special
effort needed for the restoration of one of our prime natural re-
sources, the Great Lakes. The Committee has provided $108,500,000
to accelerate this activity as described later in the report.
ADVERSE EFFECTS OF OMB PERSONNEL CUTS
The Committee is concerned about several general personnel
issues. The most pervasive and the most troublesome problem is
the refusal of the Office of Management and Budget to permit
agencies to hire the full number of people authorized by the
Congress in the 1972 appropriations bill. The following table indi-
cates the extent of the problem:
1972 PERSONNEL INCREASES APPROVED BY CONGRESS BUT NOT HIRED BECAUSE OF OMB ACTIONS
Department of Agriculture:
Other
1972 con-
gressional -
action
+77
+613
+1,515
+1,102
+1,426
+45
+1,245
1972 OMB action
Allowance
+5
+427
+852
-41
-35
-305
-700
Decrease
-72
-186
-663
-1,143
-1,461
-350
-1,945
Total +6,023 +203 -5.820
-------
2022 LEGAL COMPILATION—GENERAL
The most striking thing about the above table is the cuts in regu-
latory programs. These programs—such as food plant inspections,
[p. 5]
meat and poultry inspections, and pollution abatement activities—
can literally affect the life and death of the consumer. They are
also unique in that because they are regulatory programs with
legal sanctions, their activities cannot properly be delegated to
other levels of government or performed on contract or by some
other means.
In other words, unlike many other programs, there is no alterna-
tive except to increase Federal employment in the regulatory
agencies if there is to be an increased level of inspectional activity.
These comments are also relevant because in the 1973 budget
the Committee has again provided for significant personnel in-
creases in the regulatory agencies, as indicated in the following
table:
Personnel Increases Recommended
Food and Drug Administration +1,391
Meat and poultry inspection +500
Environmental Protection Agency +560
Federal Trade Commission +205
Total +2,656
In some cases, these increases have had to be larger than might
otherwise have been necessary because, in effect, a year was lost
as a result of the OMB actions on the 1972 budget. In the case
of the Food and Drug Administration, which proportionately has
the largest increase, the Committee tried to partially alleviate this
problem by providing $8,000,000 in the 1972 Second Supplemental
Appropriation Act.
Personnel limitations were also imposed on the Environmental
Protection Agency. This being a new agency there may be justifi-
cation to hire slowly in order to obtain qualified and objective
persons.
The personnel reductions in the programs of the Soil Conserva-
tion Service and the Farmers Home Administration are equally
disturbing because again these are organizations with unique per-
sonnel and responsibilities. The Soil Conservation Service is one
of the most technically competent organizations in the environ-
mental field, and restrictions of these technicians in a time of
mounting environmental concern is completely unsound. The
Farmers Home Administration also is a vital element in a key
-------
STATUTES AND LEGISLATIVE HISTORY 2023
national goal—the provision of better housing for all Americans.
The expanding responsibilities of the Farmers Home Administra-
tion, which include determining the soundness of a loan and the
proper repayment in cases where rural people cannot get a loan
elsewhere, are so difficult that the Committee questions here also
whether they should properly be delegated to non-governmental
personnel. When housing loans alone have gone from $800 million
in 1970 to $2.2 billion in 1973, the potential for mishandling is
great, and the relatively minor impact on total Federal employ-
ment seems insignificant by comparison.
In summary, these programs are vital to health and well-being,
and there is no alternative to increased Federal employment.
Faced with this situation, the Committee believes it has acted in
the only responsible way by providing for additional personnel.
NEED FOR INCREASED ATTENTION TO SELECTION AND TRAINING OF
QUALIFIED PERSONNEL
As indicated earlier, the Environmental Protection Agency and
the Food and Drug Administration particularly have faced
expanding
[P. 6]
responsibilities. One thing is certain, the qualifications and train-
ing of the personnel required to administer these difficult pro-
grams must be of the highest quality. When any program is
growing dramatically, an agency must always be on its guard
that it does not relax its standards. Only qualified personnel must
be hired, even if this means temporarily delaying implementation
of a program. This is especially true for programs which can, if
improperly administered, do irreparable harm to the reputation
of firms or individuals.
The Committee is pleased to note the plans by the Farmers
Home Administration and the Environmental Protection Agency
to begin training operations. In addition, the Committee calls on
the Department of Agriculture to review its meat and poultry
inspection training programs, particularly at the supervisory level.
The Committee has also provided increases in training funds to
accompany its increases in personnel for the Food and Drug
Administration and for the Federal Trade Commission. The addi-
tional funds in all training programs should be used to assure
both that new employees are adequately trained and that existing
employees receive refresher and such other training as is required
to maintain their qualifications. Rotational assignment policies are
-------
2024 LEGAL COMPILATION—GENERAL
also an important aspect of an agency's personnel program—
especially in regard to inspectors—and should also be periodically
reviewed.
Information provided to the Committee has indicated that in
some cases the Environmental Protection Agency may be experi-
encing a lack of technical expertise in some areas. The need for
expert advice was particularly evident in the recent highly publi-
cized decision on DDT. The report demonstrated a regrettable
lack of information on the costs, supplies and programs for cotton.
The report indicated that information on costs of production were
not available. The Department of Agriculture has made numerous
cost studies and findings on this crop. The report indicated sup-
plies were plentiful, while the Department of Agriculture, which
is officially charged with the responsibility reports that cotton is
now in short supply and that we are not meeting minimum export
demands. The report indicated that Federal cotton programs are
designed to provide producer profits, while the Congress has care-
fully written programs to provide the differential between U.S.
costs, including a reasonable return on investment and the world
price. To compound this show of lack of knowledge of the crop
which will take the brunt of increased costs and greater dangers
in handling substitutes, the administrator made reference to "a
per bushel subsidy," a measurement which has never been used for
this commodity throughout history. Due to the enormity of impact
of EPA's decisions on the citizens of the country, it is essential
that only the very best qualified personnel be available to the
Agency. In recognition of this need, the Committee has provided
funds for EPA to establish an in-house formal training program
for scientific and technical personnel.
The Committee directs the agencies covered by this bill to in-
clude in their budget justifications for next year detailed descrip-
tions of the actions they have taken to assure that the selection
and training procedures of the Agency are of the caliber required
to assure that only qualified and objective persons are placed in
these responsible positions.
[p. 8]
INVESTIGATION OF THE ENVIRONMENTAL PROTECTION AGENCY
This is now the second year the Committee has had responsi-
bility for funding the Environmental Protection Agency. The
Committee questions whether the responsibilities and authorities
which have been delegated to the Administrator of the Environ-
mental Protection Agency can be met by any one person, and
-------
STATUTES AND LEGISLATIVE HISTORY 2025
certainly not without the advice, counsel and recommendations of
highly trained advisory boards in each of the major areas such as
air, water, solid waste, etc. composed of qualified and objective
scientists who should conduct hearings prior to conclusions or
recommendations. Present difficulties have been compounded still
further by the fact that the Agency was created from many other
agencies, and the difficulties of molding these diverse groups into
one agency have been immense. Finally, the Administrator has
been and will always be subjected to intense outside pressures
from groups on all sides of the environmental issue. He will
always have to adjust to continually changing legislative author-
ities which often go so far as to require new actions, which to be
sound, are dependent upon new inventions or the development of
new technologies.
Given all these almost unprecedented circumstances, there has
inevitably been some difficulties in the initial formative periods
of the Environmental Protection Agency.
To enable the Committee to better understand how far we have
come, and how far we yet have to go, the Committee has directed
the Surveys and Investigations Staff to undertake a comprehensive
examination of the Environmental Protection Agency. This in-
vestigation has already been underway for several months and,
due to its complexity, will require more time to complete. The
Committee believes that when completed the investigation will
provide a valuable source of additional information to assist the
Committee and the agency in the exercise of their respective
responsibilities.
[P. 10]
AGENCIES SHOULD MORE FULLY UTILIZE EXISTING LABORATORIES
BEFORE REQUESTING NEW LABORATORIES
The Committee has been unable to approve several new labora-
tories requested and has also denied several major repair and
improvement projects. This action results from the Committee's
conviction that existing Federal laboratories are not being fully
utilized. The Food and Drug Administration and the Environ-
mental Protection Agency have been directed to conduct surveys
of the use of existing facilities.
The Committee feels this action is also necessary because some
of the studies it has reviewed seem to be biased against the
utilization of existing laboratories. Compromises in requirements
may be good. Multi-agency utilization of a single laboratory may
be necessary. Offsetting advantages, such as creative scientific
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2026 LEGAL COMPILATION—GENERAL
interchange, more rapid availability of increased capability, and
cost savings significantly in excess of the change in capabilities,
may occur and these should be fully weighed in the final decision.
Committee staff and investigators have visited several facilities
and have seen both the creative adaptation of laboratories for new
missions and the underutilization of existing laboratories. Other
information available to the Committee has further strengthened
the Committee's belief that what is being requested is possible,
desirable, and necessary. The Committee has heard much evidence
that existing laboratory space is not now utilized and can well be
adapted to these needs.
The Committee has also requested that its Surveys and Investi-
gations Staff undertake a comprehensive study of this subject.
[P. 11]
THE ENVIRONMENTAL ROLE OF AGRICULTURE
In the early 1930's we awoke to the fact that we were destroying
our natural resources and wasting our land. A book written in the
mid-1930's—about the time that the Soil Conservation Service was
established—stated:
From erosion surveys, soil surveys, and other measurements of soil losses,
it is estimated that erosion in the United States already has ruined or
seriously impoverished approximately 282 million acres. From an additional
775 million acres, erosion has stripped away varying proportions of the fertile
topsoil. Considering' only cropland, it is estimated that erosion has ruined
about 50 million acres for further practical cultivation.
In recognition of this dire condition, a dual program of research
and practical programs has been developed and implemented. Our
knowledge of how to conserve the flow of water on the land and
retain and enhance the productivity of our land has increased
manyfold. By providing programs which demonstrated the useful-
ness of these techniques and encouraged their implementation, the
Congress has assured a generation of widespread and continuing
conservation effort.
Through 1971, over 3,000 local Soil Conservation Districts have
been formed, providing local leadership which has resulted in
reducing erosion by 170 million tons below what might have been
lost if the many soil conservation practices had not been put into
place. In cooperation, local farmers, through the rural environ-
mental assistance program, have constructed over 2 million stor-
age reservoirs and built
[p. 14]
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STATUTES AND LEGISLATIVE HISTORY 2027
many acres of terraces and waterways. In short, farmers have
been helped to practice practical ecology where water flow is
slowed and directed to waterways and where cropland retains
cover crops to protect it from the wind.
With all of this, much remains to be done, for far too many
streams, clogged with sediment, flood the land and are lost to fish
and recreation. It was testified that the most recent conservation
needs inventory shows 64% of our cropland, over two-thirds of
our grasslands, and nearly 60 % of our forest land still require
some type of conservation treatment. Keeping up with the changes
of nature and the changing needs of our expanding population is
a continuing task.
When recognizing the contributions of agriculture to the resto-
ration of the environment, we must not overlook the contributions
of our forest lands. We had in this country about 150 years ago
8,000 million board feet of timber. Much of this timber was
burned and wasted. Up until 1925, there had only been 1,600,000
acres planted to deforested areas in the country. Now, that much
is planted each year. Through 1968 there was a total of 30,000,000
acreas planted and seeded. Beyond the beauty and watershed bene-
fits we receive from our forests, over 30 million homes constructed
of wood have been built in the last 25 years.
STRESSES ON THE ENVIRONMENT
Paralleling our concern with the waste of our land and forest
resources was the concern for pollution of water as a threat to
public health. This became a matter of public concern in the
United States in the late nineteenth century when virulent typhoid
epidemics appeared in various cities. The then new science of
bacteriology identified many of these outbreaks as the result of
contaminated water supplies. The public outcry against pollution
was great. Public health officers attempted to meet this challenge
in two principal ways.
The first was to select certain streams for waste disposal and to
reserve other, protected streams for municipal water supplies.
The other method was the filtration and disinfection of water.
While these systems have worked for many years, we now face
a period when we must give full attention to water pollution or
else pay substantial penalties for the future.
In a report entitled The Economics of Clean Water, an EPA
survey estimated a municipal investment of as much as $18 billion
and an industrial investment of $8 billion over the next 4-year
period to meet current water pollution standards.
-------
2028 LEGAL COMPILATION—GENERAL
For 1971, EPA estimates that about 29% of the nation's waters
were polluted, a deterioration of about 2% below the estimate of
the previous year. For 1970, of the 148 million persons who live
in communities served by sewer systems, the wastes for about 28 %
received only primary treatment and 6% received no treatment.
AIR POLLUTION PROBLEMS
Another serious problem we face in our efforts to clean up our
environment is the problem of air pollution. In the second Annual
Report of the President's Council on Environmental Quality, the
damage cost as a result of air pollution was estimated to be $16.1
[p. 15]
billion. This estimate is based on the following annual costs:
human health—$6.1 billion, residential property—$5.2 billion, ma-
terials—$4.7 billion, and vegetation—$0.1 billion. Major sources
of air pollution are motor vehicles and factories which emit such
pollutants as sulfur and nitrogen oxides, hydrocarbons and various
types of particulate matter, and smoke, soot, and fly ash.
Motor vehicles of all types are responsible for much of our air
pollution, with the internal combustion engine being responsible
for much of the carbon monoxide, hydrocarbons, and nitrogen
oxides in the air. Under current law, hydrocarbons and carbon
monoxide from 1975 model year vehicles must be reduced by 90%
from the allowable 1970 emissions. Nitrogen oxide emissions must
be reduced by 90% in 1976 from measured emissions from 1971
model year cars.
Major emphasis in this area has been directed toward emission
control devices rather than toward development and demonstra-
tion of new types of engine technology. Emission control devices
are expected to add $150 to $200 to the cost of a new automobile as
well as increased costs due to a significant reduction in gas mileage.
Clean-up of pollution attributable to sources other than motor
vehicles will result primarily from the conversion to clean burning
fuels. Coal gasification, natural gas, and nuclear power all offer
significant potential for reducing emissions.
In the area of solid waste, it is estimated that we, as a nation,
throw away each year 3.5 billion tons of solid wastes, which costs
us about $4.5 billion in handling costs. Of this, more than 360
million tons of industrial, municipal, and commercial solid wastes
are being generated, and this amount is expected to double by 1980.
Paralleling the symptoms of man's demand on the environment,
namely, air and water pollution, there is a dramatic increase in
-------
STATUTES AND LEGISLATIVE HISTORY 2029
our use of resources which fuel our dynamic economy. The U.S.
population of about 208 million is only 5.6% of the world's popula-
tion, but we consume approximately one-third of the world's
energy output. In 1971, the U.S. Gross National Product passed
the $1 trillion mark. To support this level of GNP, energy and
processed materials of mineral origin valued at over $150 billion
were required.
Annually over 4 billion tons of new mineral supplies—20 tons
per person—are needed to sustain our economy. For forest prod-
ucts alone, 1971 consumption of industrial wood reached an all
time peak of 13 billion cubic feet.
HOW DO WE PROCEED
Though we all agree that we have a problem facing us with
regard to the waste of our resources and the pollution of our
streams, we are faced with what may be done. One thing is cer-
tain : You can take pollution from the air and put it in the water,
or you can take it out of the water and put it on the land; but
once formed, it must be disposed of somehow.
There is an old saying, "There ought to be a law." But a law is
not self-enforcing. What people really mean is that there ought
to be a correction. Laws require the cooperation of the vast
majority of decent citizens to be effective. The law is also blind
to any considerations not included in its framework. If a law
causes more problems than it solves, it will not be enforced over
a long period of time.
[p. 16]
Congress in recent years has been passing environmental laws
that are difficult if not impossible not to support, but which may be
impossible to carry out. These laws are a reflection of the feel-
ings of the Nation and the Congress and for the most part an
earnest desire to improve and restore the environment.
But many of the provisions of these laws go well beyond the test
of the prudent man. In many cases, standards are being estab-
lished, standards for which no known technology exists to meet
these standards, or at best technology that exists only in the
laboratory or on the drawing board. For example, the Committee
has been told that:
—Phosphates have been removed from detergents in some cases and the
chemicals that have been used as replacements are more dangerous than
the phosphates.
-------
2030 LEGAL COMPILATION—GENERAL
—Emission control devices have been installed on automobiles to reduce
carbon monoxide emissions, and nitrogen oxide emissions have been in-
creased as a result.
—The new emission control devices may result in a significant increase in
fuel consumption, thereby indirectly increasing pollution and significantly
increasing the use of natural resources.
—Power plant construction is being held up for environmental considera-
tions—power that is needed to clean up our environment.
—Some persistent pesticides have been banned and replaced with less per-
sistent pesticides which we must use far more often to achieve a similar
effect with much greater hazards to workers.
—We have made businesses install pollution abatement equipment and then
made them replace the equipment as new technology becomes available.
Perhaps with all good intentions we are moving too fast.
A STEP BACKWARD—THE GYPSY MOTH
A second danger is using such laws to take sudden action where
alternatives do not exist or at least are only in the laboratory
stage of development. The gypsy moth, which defoliates our trees,
is a case in point.
This insect was brought to this country as a possible source of
silk in 1869. Unfortunately, some of the moths escaped from cap-
tivity. Twenty years later it infested 200 square miles around
Boston. It gradually spread to infest much of New England and,
in the 1920's, a barrier zone was established along the line of
the Hudson River. Generally, infestations beyond the zone were
held in check with aerial treatment with DDT, the treatment of
choice until its extensive use was halted in 1959. Since that time,
the westward spread has been significant until the 1970's found
the gypsy moth as far away as Wisconsin, Ohio, North Carolina,
South Carolina, and Alabama.
Current control methods involve the use of the pesticide Sevin
which, reportedly, does not offer the degree of control due to its
short life and the need for more frequent applications. Further, pub-
lic opposition to aerial pest control operations has seriously ham-
pered the success of the gypsy moth program. Sterile male moths
are being released in limited locations where it is possible to over-
whelm insect populations. In addition, experiments are being con-
[p. 17]
ducted with parasites, predators, and sex lures. The appropri-
ations for this research were expanded by $1 million in 1971 for a
total of over $1.6 million for the cooperating agencies of USDA.
The level for 1973 should reach $1.9 million.
-------
STATUTES AND LEGISLATIVE HISTORY 2031
Problems with mass rearing- techniques and with the establish-
ment and careful testing that must precede the introduction of
predators will mean that it will take several years to see their
effects. Nevertheless, the Committee fully expects the Department
to use such funds as may be available to exploit any scientific
breakthroughs that may develop regarding this pest. In the mean-
time, our forests are threatened by the spread.
IT TAKES TIME TO DEVELOP ALTERNATIVES
The gypsy moth is a good example of the problems which arise
from precipitate action to stop or ban the use of an available
method for controlling problems that man has with nature. Cer-
tainly these actions are necessary where there is an imminent
hazard to human health. But, for the most part, we must move
carefully to develop real alternatives in order to avoid unplanned
damage to the environment and to the economy.
When disease strikes or former control methods are no longer
available, the development of alternatives takes many, many years.
For example, the Department has reported that it takes from 10
to 12 years to develop a new wheat, 5 years for a new corn, 15
years for an improved oilseed variety.
The development of a new pesticide requires about 5 years and
up to $5 million before it can be approved and marketed.
Certainly any estimate of time is only an average, and the
development may stretch far beyond that time. For example,
literally thousands of potential herbicides have been screened over
the past 27 years, but none has been developed that possesses the
unique characteristics of 2, 4, D.
In addition to effectiveness, the cost implications of alternatives
must be fully explored. The Committee provided $200,000 in last
year's bill to enable the Secretary of Agriculture to consider the
economics of some of the rules and regulations being proposed for
environmental control. The Department reported that a regula-
tion under consideration would have cost an average size pig
farmer $15,000 or $7 per animal. The agency proposing the regu-
lation was unaware of this and glad to have the information.
By the year 2000, 28 years from now, we will grow by 92 mil-
lion Americans above today's 208 million Americans who are
already abusing their resources. Our lakes and rivers have become
catch basins for the residues of our factories, household and agri-
cultural chemicals, for human wastes from thousands of villages,
towns, and cities. Our air has become a pall on our major cities as
it is stressed by our factory and automobile exhausts. How we
-------
2032 LEGAL COMPILATION—GENERAL
will clean up this situation and learn to handle it without restrict-
ing the means for providing our high standard of living may well
determine the future of our nation.
As we approach this problem, we must keep in mind that the
power to control water quality and air quality is not only the
power to make or break business but is a power over the life of
our nation.
[P. 18]
If we closed all our manufacturing plants, that would greatly
improve our water quality. If we stopped driving automobiles,
just think what that would do to improve the atmosphere. If we
could return to the 800,000 population level of this country at the
time of its discovery, nature would be able to eliminate the pollu-
tion problem.
Today's population could never be asked to live the simple life
of the earliest Americans. Neither could we ask or force the
residents of New York City to quit eating, quit living, and quit
breathing while we clean up the Hudson. The same is true for
Washington and the Potomac as well as many of the people in
thousands of towns and villages.
However, it should be clear that our use of resources and the
discard of waste materials are directly related to the means by
which we live and prosper. The ability to control their rate is the
power to control how we live. Yet, under present law and under
several more under consideration, we are investing more and more
of this power in a single agency with a single head without the
means of setting priorities in public debate and where the costs
and the effects of a decision to clean up a river or clean up the
air can be assessed by those workers who must seek other employ-
ment, by the consumers who must pay higher prices, and by those
industries which must find better locations and manufacturing
processes.
THE COST OF CLEANING UP
A study was recently released by the Council on Environmental
Quality entitled The Economic Impact of Pollution Control which
considered the general economic impact of current nationwide air
and water pollution standards as well as the impact on 11 selected
industries. The study indicated that none of the 11 industries, as
a whole, would be seriously threatened solely by the present pollu-
tion abatement costs.
However, it found that some individual firms will earn lower
-------
STATUTES AND LEGISLATIVE HISTORY 2033
profits, some will curtail production, and some firms and plants
will be forced to close. It estimated further that between 200 and
300 plants would be forced to close during the study period (1972-
1976) with a potential reduction of between 50,000 and 125,000
jobs due to the pollution abatement requirements. Such closings
are estimated to be significant for 150 communities.
In terms of the general economy, testimony before the Com-
mittee indicated that industry will have to spend $150 billion
between now and 1980 in order to meet the standards we have
established. This cost will have to be absorbed by the consumer
through higher prices. Higher cost of goods produced will mean
shrinking foreign markets and increasing pressure from foreign
imports. This year we are facing the largest trade deficit in the
history of the country. Increased prices and increased imports will
mean fewer jobs for American workers. People out of work do
not care about the environment.
Much has been written about our participation in international
environmental meetings. The Committee is for them to the extent
that we are able to share our experiences and our knowledge of
problems and learn from others in the process.
However, we are never as successful in our international efforts
as we hope. We did not make the world safe for democracy after
World
[p. 19]
War I. The rest of the world did not pay attention to our views.
Nor were we too successful in saving the world from communism
after World War II.
We did not seem to have as much influence in the rest of the
world as we thought we had. Now it would seem that we are
going to set out to save the world from environmental degradation.
This is a valid concern. But we must recognize that no matter
how much we may wish to explain what we are learning to China
and India, they will still want to feed their people first.
This point was recently raised by Prime Minister Indira Gandhi
of India when she addressed the United Nations Conference on
the Environment. Mrs. Gandhi said,
On the one hand, the rich look askance at our continuing poverty. On the
other, they warn us against their own methods.
She went on to say,
We do not wish to impoverish the environment any further. Yet, we cannot
forget the grim poverty of large numbers of people. When they themselves
feel deprived, how can we urge the preservation of animals, how can we
-------
2034 LEGAL COMPILATION—GENERAL
speak to those who live in villages and in slums about keeping the oceans,
the rivers and the air clean, when their own lives are contaminated at the
source.
We should set a good example, help where we can, and practice
what we preach. However, we cannot forget that with only 6.3 %
of the land area and 5.6 % of the people, we are no more going
to be able to control the rest of the world with regard to the
world environment any more than we were able to save the world
for democracy or from communism.
Today, the Congress, the Administrator of the Environmental
Protection Agency and others are faced with dealing with many
of the environmental groups.
We see many projects opposed by some because it will change
the type of fish or type of animal which they wish to catch and kill.
Because a major war is not at our shores, they feel that testing
of weapons is unnecessary.
Because their lights come on every night, they oppose new
electric generation facilities. They are trying to stop power gen-
eration when our needs are doubling each ten years.
Because they haven't been hungry, they oppose fertilizers and
pesticides which are fundamental to agriculture production.
Because they have jobs, they are opposed to development of
areas of this country not so fortunate.
Because their homes are not flooded, they are opposed to
reservoirs.
Millions of people have been sold against "changing the en-
vironment"—even though it be for the good of mankind.
A SOUND NATIONAL COMMITMENT
It is the general conclusion of the Committee, based on hearings
and on the years of experience with agriculture and other matters,
that we face serious problems with no immediate hope for easy
solutions. At best, we face hard choices which only through com-
mon dedication,
[P. 20]
rigorous study, and orderly progress toward reasonable goals can
we hope to better our present conditions.
The Committee is not, however, unmindful of changing world
conditions where peace may yield dividends to be used wisely to
meet our urgent domestic needs. In the past, the conversion to a
peacetime economy has meant jobless returning veterans, can-
celed war contracts, and diminished foreign markets for expanded
-------
STATUTES AND LEGISLATIVE HISTORY 2035
farm production. It also seems that war or the preparation for
war has brought our periods of greatest progress and prosperity.
This need not continue to be true for it is not from war that
we prosper but rather it is the common dedication and purpose
which brings the economy to its peak.
In war we spend money to buy guns, ships, and airplanes; we
buy fuel to burn in the airplanes and ships; we spend money on
things that are destroyed. We dig up our minerals, destroy our
timber, and end up a poorer country because we have used up so
much of our resources.
If we were just wise enough to put that same effort to use to
improve our own country; if we were wise enough to harness our
streams and reforest our lands, stop erosion, clean our lakes and
rivers, build schools, and improve our country, we would have a
much richer country, We would have a finer country.
If we leave our children a rich country, rich in natural resources,
rich in the things that provide our high standard of living, then
we truly will have left them a fine heritage.
[p. 21]
TITLE III—ENVIRONMENTAL PROGRAMS
Independent Agencies
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
1972 appropriation $2,300,000
1973 budget request _— 2,550,000
Recommended in the bill 2,550,000
Change
The Council and Office of Environmental Quality were created
by the National Environmental Policy Act of 1969 (P.L. 91-190)
and the Environmental Quality Improvement Act of 1970 (P.L.
90-224) and operate as a single entity. The Council is required to
prepare an annual environmental quality report; prepare recom-
mendations to the President on national policies for improving
environmental quality; conduct investigations and analyze condi-
tions and trends; and evaluate effects of technology.
The Council must also appraise the effect of Federal programs
and activities on environmental quality; assist Federal agencies
in the development of environmental programs; and recommend
to the President and to Federal agencies priorities in environ-
mental programs.
For fiscal year 1973, the Committee recommends an appropria-
-------
2036 LEGAL COMPILATION—GENERAL
tion of $2,550,000, the full budget request and an increase of
$250,000 above the amount provided for fiscal year 1972. The
increase will be utilized for additional studies by contract and for
eight additional staff members.
The Committee has recommended $767,000 for contract studies,
an increase of $207,000 over the amount available for fiscal year
1972. Studies tentatively planned for fiscal year 1973 are farmland
preservation, additional economic studies, additional monitoring
parameters, technology assessment, and resource inventory.
In fiscal year 1972, the Congress provided funds for 65 perma-
nent positions; however, eight of these positions were withheld
by the Office of Management and Budget as part of the Govern-
ment-wide personnel freeze. The Committee has again recom-
mended funds for 65 permanent positions and has been advised
by the Council that they will be allowed to fill these eight positions
in fiscal year 1973.
ENVIRONMENTAL PROTECTION AGENCY
1972 appropriation $2,447,520,318
1973 budget request 2,453,014,000
Recommended in the bill 2,401,014,000
Change —52,000,000
The Environmental Protection Agency was established on De-
cember 2, 1970 by Reorganization Plan Number 3 of 1970. This
reorgani-
[p. 56]
zation provided for the consolidation of pollution control and
abatement activities which were previously located in the follow-
ing agencies:
Department of the Interior
Department of Health, Education, and Welfare
Department of Agriculture
Atomic Energy Commission
Council on Environmental Quality
Federal Radiation Council
The functions drawn from each of these agencies had different
authorizing legislation. Administration of the various programs
presently within the Environmental Protection Agency is a com-
plex task. To help keep pace with these diverse, but related func-
tions and authorities the Agency has structured an organization
that operates primarily along the functional lines of planning and
management, enforcement and general counsel, air and water pro-
grams, categorical programs, and research and monitoring. Also,
-------
STATUTES AND LEGISLATIVE HISTORY 2037
to assure continuity of effort and a common policy in conducting
day-to-day operations, ten Regional Offices have been established,
with each Regional Administrator being delegated responsibility
to manage EPA efforts in his assigned geographic area.
The Environmental Protection Agency is currently charged
with administration of the following major legislation:
The Clean Air Act, as amended, places major responsibility for prevention
and control of air pollution at its source on State and local governments, and
directs that Federal financial assistance and leadership be provided to assure
the development of cooperative Federal, State, regional and local programs
to prevent and control air pollution. Purposes of the Act include the pro-
tection and enhancement of the quality of the Nation's air resources in the
interest of the public health and welfare through the establishment of national
primary and secondary ambient air quality standards; the initiation and
acceleration of a national research and development program to achieve the
prevention and control of air pollution; the provision of technical and finan-
cial assistance to State and local governments in connection with the develop-
ment and execution of their air pollution prevention and control programs;
and encouragement and assistance in the development and operation of
regional air pollution control programs. To carry out the provisions of the
Act, the Environmental Protection Agency is authorized to make grants
and enter into contracts to provide for a national program of research and
development with special emphasis on fuels and vehicles. The law also pro-
vides for standards and enforcement for stationary air pollution sources;
and Federal enforcement, inspections, monitoring and abatement through
conference procedures.
The Federal Water Pollution Control Act, as amended, requires a Federal
program for the enhancement of the quality and value of our water resources
and the establishment of a national policy for the prevention, control, and
abatement of water pollution. Included, as necessary to carry out the provi-
sions of the Act, are requirements to prepare or develop comprehensive pro-
grams for eliminating or reducing pollution and for research, investigation,
training, and information pertaining to water pollution control. Major pro-
grams include grants for research and development, training, basin planning,
State programs, and for construction of
[p. 57]
waste treatment works. Other significant activities are enforcement, control
of pollution by oil and sewage from vessels, acids and other mine pollution
control demonstration; development of new and improved methods and tech-
niques for dealing with pollution in the Great Lakes, and cooperation by all
Federal Agencies in control of pollution.
In addition, the Rivers and Harbors Act (Refuse Act) of 1899 requires
that all persons dumping pollutants into the navigable waters obtain permits
from the Army Corps of Engineers. These permits must also be approved by
the Environmental Protection Agency.
Pending before the Congress are amendments to further extend and expand
authorizations under the Act, some of which have or will have expired as of
June 30,1972.
-------
2038 LEGAL COMPILATION—GENERAL
The Solid Wastes Disposal Act, as amended by the Resource Recovery Act,
provides for research, demonstration and training in solid waste disposal
technology; special studies and demonstrations on recovery of useful energy
and materials and establishment of recommended guidelines; grants for State,
interstate, and local planning for resource recovery systems and improved
solid waste disposal facilities; grants for training and a national disposal site
study.
Among major legislative proposals currently pending before
the Congress, in addition to the water legislation referred to
earlier, are programs concerned with noise, toxic substances,
ocean dumping and pesticides.
NEW APPROPRIATION STRUCTURE
Prior to fiscal year 1973, the operating programs of the
Environmental Protection Agency were carried under a single
appropriation entitled "Operations, Research and Facilities." This
single appropriation account tended to limit Congressional visibil-
ity and control over the programs of the Agency.
Therefore, the Committee has separated the Agency's fiscal
year 1973 appropriation request into five separate appropriations.
These appropriations are "Agency and Regional Management",
"Research and Development", "Abatement and Control", and
"Enforcement". The Committee has recommended denying funds
for "Facilities"; therefore, this appropriation account does not
appear in the bill.
The appropriations recommended to carry out the responsibil-
ities of the Agency follow:
AGENCY AND REGIONAL MANAGEMENT
1972 appropriation $34,460,400
1973 budget request 41,460,400
Recommended in the bill 41,960,400
Change +500,000
This activity includes executive direction and leadership for
all programs and support in such areas as public, legislative,
and international affairs, equal employment opportunity, coordi-
nation of environmental impact statements and Federal agency
pollution control activities, program planning, review and evalua-
tion, economic analysis, budgeting, accounting, auditing, personnel
management, organizational analysis, ADP operations, grants and
contracting policy, facilities management, and other housekeeping
activities. This activity still includes direction and leadership for
all programs under the
[p. 58]
-------
STATUTES AND LEGISLATIVE HISTORY 2039
management of 10 regional administrators, and provision of
administrative support services.
The amount recommended for agency and regional management
is $41,960,400, an increase of $7,500,000 over the amount avail-
able for fiscal year 1972,
Major increases include $3,567,300 to analyze reports from
Federal, State and other governmental departments and agencies,
including those supplied from private sources, for use in the estab-
lishment of standards, regulations and abatement strategies. Be-
cause of the importance of this activity, the Agency has estab-
lished the Office of Planning and Evaluation. The Committee also
recommends an increase of $700,000 to increase the managerial
staffing of the regional offices by 50 positions. The Committee
expects the Agency to be extremely selective in filling these addi-
tional positions. Because of the authority and responsibility of
regional office personnel, it is extremely important that only the
very best qualified personnel are placed in these positions of
responsibility.
Also included is an increase recommended by the Committee of
$500,000 and 10 positions to allow the Agency to establish a formal
training program for their professional and scientific employees.
The balance of the increase is for the full-year cost of head-
quarters and regional office space acquired in fiscal year 1972.
RESEARCH AND DEVELOPMENT
1972 appropriation $168,154,018
1973 budget request 167,223,700
Recommended in the bill 185,223,700
Change +18,000,000
This activity includes research concerning the effects of pol-
lutants on man and the environment and the processes which
influence the movement, dispersion and fate of all pollutants; and
it includes research and development leading to new and improved
analytical methods and instruments for detecting and measuring
pollution and to new and improved technology for preventing and
controlling pollution. Research and development activities are con-
ducted through grants, contracts, and other agreements with uni-
versities, industries, other private commercial firms, non-profit
organizations, State and local governments, and other Federal
agencies as well as through research and development at the
Agency's laboratories and field locations. The Committee's recom-
mendations concerning the programs carried out under this activ-
ity are discussed, by media, later in the report.
-------
2040 LEGAL COMPILATION—GENERAL
ABATEMENT AND CONTROL
1972 appropriation $186,142,800
1973 budget request 207,435,700
Recommended in the bill 240,935,700
Change +33,500,000
This activity provides for planning grants and control agency
support grants to State, regional, and local agencies for plan-
ning, establishing, and improving environmental quality pro-
grams. Monitoring and surveillance are performed to determine
baseline quality conditions, to measure pollutants, and to evaluate
the performance of control devices. Pollution prevention, control,
and abatement standards are generally established in cooperation
with State and local agencies. Technical assistance is provided
to Federal agencies, States,
[P. 59]
interstate regions, local communities, and industry. Environmental
impact statements by Federal agencies are reviewed and evalu-
ated. Education and training are supported through grants and
other forms of assistance and in-house training programs are con-
ducted for personnel of Federal, State, and local governments,
industry, and educational institutions. The Committee has recom-
mended $30,000,000 for transfer to the Rural Environmental
Assistance Program of the Department of Agriculture for liqui-
dation of contracts under the 1973 program. These funds will
allow the Rural Environmental Assistance Program to increase
their newly emphasized conservation and pollution abatement
efforts, including such programs as animal waste storage and
diversion facilities and disposal of solid waste. The Committee's
other recommendations appear later in the report.
ENFORCEMENT
1972 appropriation $21,345,100
1973 budget request 28,894,200
Recommended in the bill 28,894,200
Change
This activity includes the certification and permit programs; the
enforcement of environmental pollution standards, including the
gathering and preparation of evidential data and the conduct of
enforcement proceedings; and legal services for the agency. In-
creases recommended by the Committee appear later in the report.
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STATUTES AND LEGISLATIVE HISTORY 2041
FACILITIES
1972 appropriation $28,000,000
1973 budget request 1,000,000
Recommended in the bill 0
Change —1,000,000
This activity provides for construction of laboratory facilities
and alterations, repairs, and improvements to existing facilities.
The Committee recommends that the $1,000,000 requested for
funds to repair and improve EPA's facilities be denied. The
amount recommended is $28,000,000 less than the amount pro-
vided last year because of the one-time funding in fiscal year 1972
of $28,000,000 for the National Environmental Research Labora-
tory at Cincinnati, Ohio.
The repair and improvement projects funded under this activity
are intended to be for the correction of conditions detrimental to
personnel safety or the proper maintenance and protection of the
Government's investment in Federally owned facilities. The
Agency advised the Committee that $1,000,000 would be required
in fiscal year 1973 to fund 76 projects at 15 different locations. In
addition, in fiscal year 1972, $3,696,446 in carryover funds from
prior years are available to fund 88 projects.
In its report on the fiscal year 1972 appropriation bill, the Com-
mittee directed the Agency to undertake a full and thorough
review of its various facilities with a view toward consolidation
of some of these diverse facilities. This study is not yet completed.
Therefore, the Committee feels that the carryover funds available
to the Agency are sufficient to fund the higher priority repair and
improvement projects, and projects of a lesser priority can be held
in abeyance until such time as the study is completed and the
Agency is aware of which research facilities are required by the
Agency and which are not.
[p. 60]
In addition, testimony before the Committee revealed that the
Agency planned to construct several small laboratories at a cost
of almost $1,500,000 with repair and improvement funds, even
before the requirements study was completed. Therefore, the Com-
mittee directs that repair and improvement projects be limited to
$50,000 per project. Similar limitations appear throughout the bill.
SPECIAL GREAT LAKES PROGRAM
The Congress has had much evidence of the need to abate water
pollution problems in the Great Lakes. It has been widely reported
-------
2042 LEGAL COMPILATION—GENERAL
that Lake Erie is dead or dying. This may be somewhat of an
exaggeration. The Cuyahoga River, which enters Lake Erie at
Cleveland, is so polluted at least one spot caught fire. At any rate
the conditions are serious. The President and Prime Minister
Trudeau of Canada recognized this condition when recently they
signed an agreement establishing joint clean-up goals and pro-
grams to study the problems of the Great Lakes.
Prior to submission of the fiscal year 1973 budget to Congress,
the Environmental Protection Agency submitted a proposal to the
Office of Management and Budget proposing that a special national
priority be established to abate water pollution in the Great Lakes.
The Agency proposed that, in addition to their normal ongoing
program efforts in the Great Lakes, additional manpower re-
sources be assigned to EPA regional offices to accelerate compli-
ance with regulatory requirements through working closely with
State and local government and industry. The Agency also pro-
posed funding a number of selected combined sewer projects. The
program proposed several approaches to run-off pollution, includ-
ing support for and funding of proposed Great Lakes soil conser-
vation legislation to be administered by the Soil Conservation
Service. Also proposed was demonstration of a basinwide effort
to control sediment pollution under section 15 of the Federal
Water Pollution Control Act, as amended. Funding to implement
the administration's proposed urban sediment control legislation
in the Great Lakes area, and for development of a water resources
study for the Maumee River Basin to be conducted under the
auspices of the Water Resources Council was included.
The program also included increased Great Lakes research, and
support for and participation in United States-Canada activities
under the auspices of the International Joint Commission.
The proposal involved a cost of approximately $141 million,
approximately $125 million of which was not authorized by law.
The proposal was not included in the President's budget for fiscal
year 1973 since implementation of most of the proposal was de-
pendent upon the pending water pollution control legislation.
The Agency did, however, include $5 million in the budget
request to implement certain portions of the proposal that did
not require authorizing legislation. The proposed special program,
the funds
[P. 61]
included in the budget request, and the Committee's recommenda-
tions are as follows:
-------
STATUTES AND LEGISLATIVE HISTORY 2043
SPECIAL GREAT LAKES PROGRAM
Proposed Budget Committee
Item program request action
1.100 additional people to accelerate compliance with regulatory require-
ments $2,000,000 $1,000,000 1,500,000
2.9 or 10 selected storm and combined sewer projects to study the cost/
benefit of various systems. EPA does not have authority to do this
but new legislation would give it to them 10,000,000 (100,000,000)
3. Great Lakes soil conservation program to be administered by SCS—
legislation now pending 2,000,000 _
4. Demonstration of a basinwide effort to control sediment pollution under
sec. 15 of the Federal Water Pollution Control Act 5,000,000 1,600,000 4,600,000
5. Development of a water resources study for the Maumee River Basin to
be conducted under the auspices of the Water Resources Council
Fiscal year 1973... 300,000
Future years 1,500,000
6. Research on how the Great Lakes respond to various levels of pollution. 5,000,000 1,700,000 1,700,000
7. United States/Canada agreement:
Upper Great Lakes study:
Fiscal year 1973 300,000 300,000 300,000
Future years 1,700,000
Agricultural pollution study 200,000 200,000
8. International Joint Commission study and research coordination 200,000 200,000
9. Funding to implement urban sediment control legislation in the Great
Lakes area _ 400,000
Subtotal, FY 1973 13,000,000 5,000,000 108,500,000
Future years 3,200,000
Total program 141,200,000 5,000,000 108,500,000
In the case of Item 1, the budget request provides $1,000,000 to
support an expanded program of field investigations in the Great
Lakes to assess compliance with water quality standards and
waste discharge permits. However, the budget request provides for
contract funds rather than 100 additional employees as proposed
in the original program. Therefore, the Committee recommends
the appropriation of $1,500,000 for this item, $500,000 more than
the budget request. The Committee has recommended these addi-
tional funds so that the Agency may hire the 100 additional people
rather than contract for the work.
The Agency does not yet have authority to carry out Item 2;
however, the necessary authority is contained in the House version
of the Water Pollution Act now in conference. The proposed
$100,000,000 would have allowed the Agency to fund 9 or 10
selected storm and combined sewer projects in order to study the
cost benefit of the various systems. Inadequate storm sewers are a
major contributor to pollution in the Great Lakes. Since the
Environmental Protection Agency does not yet have the necessary
-------
2044 LEGAL COMPILATION—GENERAL
authority to fund the construction of storm and combined sewers,
the necessary funds cannot be provided to that Agency.
However, the Department of Housing and Urban Development
has $500,000,000 in funds for water and sewer grants that could
be used to fund this program. In fact, HUD plans on using only
$200,000,000 of the $500,000,000 now available for their fiscal
year 1973 program. From all indications, the Office of Manage-
ment and Budget will not allow HUD to use the remaining
$300,000,000 for their programs. Therefore, the Commiteee
strongly urges the Environmental Protection Agency, the De-
partment of Housing and Urban Development, and the Office of
Management and Budget to establish a program, coordinated by
the Environmental Protection Agency, to make these "frozen"
funds available, under HUD's legislative authority, to fund
[p. 62]
the $100,000,000 demonstration program. Through this process,
additional funds are not required; existing legislative authority
may be used; and the work may proceed immediately.
Legislation covering Item 3 is now pending and will be con-
sidered after enactment.
Item 4 is the demonstration of a basin-wide effort to control
sediment pollution. The Committee recommends $4,600,000 for this
item, $3,000,000 more than the budget request.
The remaining items are primarily either funded at the level
proposed in the special program for fiscal year 1973 or are not yet
authorized by law.
TRAINING GRANTS AND FELLOWSHIPS
For fiscal year 1973 the budget requested $7.41 million for train-
ing grants and fellowships, a reduction of $3.0 million below the
amount available for fiscal year 1972. The funds for this program,
according to information provided to the Committee, are dis-
tributed by media as follows:
Air
Water
Solid wastes.
Total
Fiscal year
1972
$3,600,000
5,595,000
800 000
415,000
10,410,000
Proposed
reduction
$1,037,000
1,612,000
231 000
120,000
3,000,000
Fiscal year
1973
$2,563,000
3,983,000
569 000
295,000
7,410.000
Committee
action
$3,600,000
5,595,000
800,000
415,000
10,410,000
-------
STATUTES AND LEGISLATIVE HISTORY 2045
Through this program, in order to meet professional environ-
mental manpower needs, the Environmental Protection Agency
provides grants to universities to support environmental training
programs for graduate students and provides fellowships for
graduate study in the environmental field.
Testimony before the Committee indicated that the basis for
reducing this program was that ". . . there appears to be no large
gap between the demand for trained environmentalists and people
available for environmental jobs."
Research by the Committee indicates that a large number of the
individuals that receive training under this program, upon gradu-
ation, are employed by the Environmental Protection Agency or
other Federal and State agencies operating in this field, which
have a pressing need for qualified personnel.
The Committee feels that it is extremely important to the
Nation that individuals entering the environmental field be well
qualified. Because of the importance and the magnitude of the job
to be done, we must have the best. Therefore, the Committee
recommends restoring the proposed reduction.
CONSTRUCTION OP NEW FACILITIES
Many Members of Congress and other interested individuals
have expressed concern regarding the present hold up of construc-
tion of new laboratory facilities for which funds have been previ-
ously authorized and appropriated. Many of these proposed labora-
tories would seem to have merit.
[p. 63]
The Committee, in its report on the fiscal 1972 appropriation
bill, however, directed that "no further construction be undertaken
without a full and thorough review of existing research efforts and
their locations with a view toward consolidation of the diverse pro-
grams so recently acquired. . . ."
The Committee has been advised that this study is in the final
stages of completion, and the Agency will very shortly be reporting
their findings and recommendations to the Committee. Therefore,
the Committee has taken no action with respect to the nine new
laboratories proposed for the Agency and will await the recom-
mendation of the Agency.
TEMPORARY EMPLOYEES
The Committee is very concerned about the large number of
temporary employees on the payroll of the Environmental Protec-
tion Agency. The Agency currently employs approximately 1500
temporary employees at an annual cost in excess of $7,000,000.
-------
2046 LEGAL COMPILATION—GENERAL
According to information provided to the Committee, which ap-
pears on page 379 of volume 5 of the Committee's hearings, the
majority of these employees are performing work of an adminis-
trative or clerical nature. The Committee is convinced that a re-
view of the present situation is urgently needed. Those holding
positions which are permanent should be so classified and others
released.
The Committee recognizes the requirement for temporary em-
ployees in connection with the assignment of Federal employees to
State and local agencies to assist in establishing and developing
air pollution control programs as authorized by the Clean Air Act
Amendments of 1970. The Committee also recognizes that in cer-
tain other situations temporary employees are more practical or
economical than permanent employees.
However, the Committee does not accept the use of temporary
employees as a means of holding down an Agency's permanent em-
ployment and thus disguising the true size of an Agency's work
force. The Committee does not recommend a reduction in the funds
for temporary employees since, in terms of the total workload of
the Agency, they may well be justified. However, the Committee
intends to closely monitor the use of temporary employees during
the coming year and will expect the fiscal year 1974 budget of the
Agency to more accurately reflect the permanent work force re-
quirements of the Agency.
AREAS IN NEED OF IMPROVEMENT
The Committee is extremely concerned about reports that the
Environmental Protection Agency may be causing serious economic
disruptions because of their lack of proper procedures or standards.
In the case of environmental impact statements, 95% of which are
reviewed at the regional office level, the Committee has learned
that EPA has not prepared standards to provide for a consistent
region-by-region review of the statements. To date, EPA has only
prepared standards for the regional offices on how to prepare
standards. The Committee feels that consistent nationwide stand-
ards must be developed immediately. The confusion and delay
caused by leaving important decisions such as this up to individuals
cannot be tolerated.
The Committee has also been advised that a great deal of hesi-
tancy is developing in the business community because of the in-
ability of
[P. 64]
EPA, in some cases, to be able to approve proposed actions. There
are reports that businesses are proposing pollution abatement
-------
STATUTES AND LEGISLATIVE HISTORY 2047
actions but EPA personnel are either unwilling or unable to ap-
proach the proposals. As a result, there is hesitancy to move for-
ward for fear that the large expenditures required to abate pollu-
tion will be ruled to be inadequate by EPA at some future date.
During the coming year the Committee will expect the Agency to
work to improve its procedures so that decisions can be reached
in a timely fashion.
The Committee is convinced that a tax credit should be made up
to probably 50 per cent of the cost of pollution abatement in many
cases.
The Committee is without authority to provide for such legisla-
tion, but strongly urges both the EPA and the appropriate legisla-
tive Committee to cooperate in the passage of such legislation.
The Committee also feels that increased attention should be paid
by EPA to labeling of those pesticides sold for home and garden
use. The Committee feels the consumer should be fully and accur-
ately advised as to how to best use these products.
ADVISORY COMMITTEES FOR GRANT AND CONTRACT REVIEW
Testimony before the Committee has indicated that serious defi-
ciencies may exist in the Agency's current practice of setting
priorities, especially with regard to work done by contract or
grant. As with all organizations involved in research and tech-
nology development, there is a problem of the funding of, or
placing undue emphasis on, "pet projects." As a result, many
projects of questionable value in light of national goals may be
funded. Projects that look interesting to a research scientist may,
in fact, have little relevance to the true research requirements of
the Agency. The job of cleaning up the environment is so big and
so important to the future of our country that it is absolutely
essential that we utilize such resources as we can in a manner
that will yield the greatest return. Therefore, the Committee
recommends that advisory committees be utilized to review the
priorities of the Agency and to advise the Administrator as to
which contracts or grants will provide the greatest return to the
Agency in line with priorities.
The Committee has provided language that would make approxi-
mately 2% of the total funds available for contracts and grants
available to fund advisory committees. The membership of the
committees shall be selected in such a manner to assure that there
is a balanced representation, including members with governmen-
tal, industrial, and scientific experience. The committee members
shall be employed and compensated as authorized by 5 U.S.C. 3109,
and shall meet at appropriate intervals as established by regula-
-------
2048 LEGAL COMPILATION—GENERAL
tion of the Administrator. Such committees may be established by
regulation as the Administrator determines to be necessary to the
efficient and expeditious review of grants and contracts. The
existence of such committees will help to assure that the approxi-
mately $240,000,000 included in this bill for grants and contracts
will be effectively spent.
INDEMNITY PAYMENTS FOR ECONOMIC OR PHYSICAL INJURY
The Committee takes note of the action by the Administrator of
the Environmental Protection Agency banning the use of DDT in
[p. 65]
this country effective December 31, 1972, except for use on green
peppers, onions, and sweet potatoes in storage. In taking this
action the Administrator overrode the findings of the Federal
hearing examiner, who ruled, based on the evidence at hand, that
no reason existed for banning DDT.
In issuing his decision, the Administrator also urged quick pas-
sage of the pesticide legislation submitted by the Administration
which has been pending in Congress and stated, "The present law
is completely inadequate to allow me to regulate the use of pesti-
cides for beneficial uses on a restricted basis." Such authority may
well be used to further ban or at least restrict other essential
pesticides prior to the development of satisfactory alternatives.
The Committee also takes note of the fact that the Administra-
tor's order does not affect export of DDT to other countries. How-
ever, by our action the Administrator is indirectly telling them
that they should likewise ban its use. This raises the question as to
whether we are following a course that will, if carried forward,
allow the underdeveloped countries to develop toward our own
level while we, at the same time, drift backward toward their level
of health, length of life, and standard of living.
The Committee is convinced that the Administrator's decision
on DDT raises serious questions. DDT has been widely used
throughout the world and has reportedly saved millions of human
lives through increased food production and disease eradication.
According to information provided to the Committee, throughout
the many years of use, DDT has produced no known harmful effect
to human health when properly used. The decision is within the
power of the Administrator though doubtless this matter will
eventually have to be settled by the courts.
It is to be noted that the Administrator says that in many re-
spects the best substitutes constitute a real hazard—so much so
-------
STATUTES AND LEGISLATIVE HISTORY 2049
that he has asked the Committee, and the Committee has acted
favorably, for a training program for the substitutes.
He plans to turn to substitutes with which we have far less
experience, are readily admitted to be highly toxic, and require a
far greater frequency of application for a lesser result. The Com-
mittee believes that funds should be available for indemnity pay-
ments to individuals who suffer economic or physical harm from
the use of Government-forced substitutes.
Therefore, the Committee recommends that the Environmental
Protection Agency give serious consideration to establishing an
indemnity program, similar to others now in existence throughout
the Federal government.
COST OF ENVIRONMENTAL IMPACT STATEMENTS
Testimony before the Committee has indicated that in fiscal year
1973 Federal agencies will be required to spend approximately
$65,000,000 to prepare Environmental Impact Statements as re-
quired
[P. 66]
by the National Environmental Policy Act. The estimated cost by
agency follows:
RESOURCE REQUIREMENTS FOR PROSECUTION OF NATIONAL ENVIRONMENTAL POLICY ACT (SEC 102(2XC))
Agency 1971 1972 1973
Department of Agriculture
Appalachian Regional Commission
Atomic Energy Commission
Department of Commerce
Department of Defense:
Air Force
Army
Army Corps of Engineers
Navy ,
Delaware River Basin Commission _._
Environmental Protection Agency.., _
Federal Power Commission.
Department of HEW
Department of HUD
Department of Interior _.
International Boundary and Water Commission, United States and Mexico
National Aeronautics and Space Administration
National Science Foundation...
Tennessee Valley Authority
Department of Transportation _
Department of Treasury
730,000
23,000
1,376,000
558,000
4,860,000
25,000
1,140,000
320,000
450,000
173,000
4,249,000
35,000
436,000
8,000
1,425,000
1,296,000
5,000
2,934,000
35,000
6,823,000
659,000
87,000
2,664,000
12,330,000
3,711,000
98,000
2,028,000
544,000
450,000
800,000
8,995,000
43,000
506,000
9,000
2,138,000
2,972,000
171,000
3,932,000
35,000
8,194,000
1,593,000
116,000
3,543,000
19,870,000
1,478,000
223,000
2,601,000
577,000
450,000
1,095,000
14,267,000
61,000
498,000
15,000
1,888,000
4,219,000
281,000
Total 17,109,000 48,077,000 64,936,000
NOTE: Outlay estimates were complied by the Office of Management and Budget from data submitted by the various
agencies. The information was submitted in accordance with the April 1972 request by OMB for information on outlays
associated with the cost of preparing, processing, reviewing, and commenting on environmental impact statements.
-------
2050 LEGAL COMPILATION—GENERAL
The Committee is strongly opposed to the cost of preparing im-
pact statements being used as a part of the cost/benefit ratio and
perhaps thereby defeating or preventing needed public works
projects throughout the United States. In addition, undue delays
associated with the preparation of impact statements on necessary
public works projects could seriously affect the economy of our
country. As we make the conversion to a peacetime economy, it is
vital that we divert this extra effort to the good of our people.
-The Committee takes this position because of the increasing
emphasis being placed on detailed impact statements. Require-
ments for additional information, if carried to extremes, can be a
costly and time-consuming process. In order to hold requests for
detailed information to only that necessary to evaluate the state-
ment, the Committee recommends that consideration be given to
making EPA responsible for all or some portion of the cost of all
environmental impact statements.
Therefore, the Committee recommends that the Office of Man-
agement and Budget consider establishing procedures or regula-
tions that would allow the Environmental Protection Agency to
either finance or refund the cost of preparing impact statements.
BASIS FOR COMMITTEE ACTION BY MEDIA
The Committee has indicated below the relative priority it at-
taches to various specific pollution problems, and the agency must
limit transfers of funds between media to not more than 10%
without first obtaining approval of the appropriations committees.
[p. 67]
A breakdown and discussion of the budget proposals by media
and category follows:
ENVIRONMENTAL PROTECTION AGENCY
Air
Water
Solid Wastes. ...
Water Hygiene .. .
Radiation. .
Pesticides
Noise
Interdisciplinary
Agency Management and Regional Management
Facilities.. ..
Employment Reduction Savings .
Total
Available
1972
$134,797,000
130,909,100
33,267,700
4,131,100
7,179,900
16,703,100
1,194,400
5,326,400
42,133,200
34,460,400
28,000,000
2,418,000
440,520,300
Proposed 1973
Increase
+$24,978,800
+8,389,600
-11,835,100
-37,600
+262,700
+2,180,000
-11,200
+2,264,100
+1,720,400
+7,000,000
-27,000,000
-2,418,000
+5,493,700
1973 Budget 1973 Committee
Request Recommendation
$159,775,800
139,298,700
21,432,600
4,093,500
7,442,600
18,883,100
1,183,200
7,590,500
43,853,600
41,460,400
1,000,000
446,014.000
$160,812,800
144,410,700
36,552,600
4,093,500
7,673,600
18,883,100
1,183,200
7,590,500
43,853,600
41,960,400
467.014.000
-------
STATUTES AND LEGISLATIVE HISTORY 2051
Air $160,812,800
The amount recommended for air programs is $160,812,800, an
increase of $26,015,800 over the amount available for fiscal year
1972.
The Committee has recommended $71,116,300 for research on
air pollution processes and effects, an increase of $12,744,100 over
the amount available for fiscal year 1972. The Committee has
provided $5,000,000 to provide for the initiation of regional air
pollution studies to enable the States and metropolitan areas to
select more effective and less costly standards. An increase of $5
million has been provided to expand research on the health effects
of air pollutants. In the area of pollution control technology, the
Committee recommends a net increase of $4,985,400 for research.
This increase will expand the development of particulate control
technology and improved control of nitrogen oxides and sulfur
oxides emissions.
For air pollution abatement and control programs the Commit-
tee recommends $85,963,300, an increase of $10,922,200 over the
amount available for fiscal year 1972. This increase will provide
for increased financial assistance to State and local air pollution
control agencies and expanded surveillance of stationary and
mobile source standards, including initiation of assembly-line
testing of new 1973 model-year vehicles.
For air enforcement programs the Committee recommends
$2,696,200, an increase of $1,310,500 over the amount available for
fiscal year 1972. This increase is required to enforce air quality
standards, new source performance standards, hazardous mate-
rials standards, and mobile source standards.
Water $144,410,700
The amount recommended for water programs is $144,410,700,
an increase of $13,501,600 over the amount available for fiscal
year 1972. Of this amount, $93,267,000 is subject to later authori-
zation. The appropriate authorizing legislation is now in confer-
ence between the House and the Senate. Therefore, the Committee
has included these funds, but with a limitation prohibiting their
use until authorized. The final legislation, however, may result in
the need to reconsider the amounts recommended.
The Committee recommends $54,632,400 for water quality re-
search, approximately the same amount as was available for fiscal
year 1972.
[p. 68]
-------
2052 LEGAL COMPILATION—GENERAL
Included in this amount is an increase of $7,000,000 to initiate
a program to identify and assess the pollution problems of the
Great Lakes and to develop effective control measures. This
increase will be offset by deemphasizing the development and
demonstration of waste water control technologies with the intent
of encouraging greater involvement by the private sector.
The Committee recommends $70,465,800 for the water quality
program, an increase of $7,238,500 over the amount available for
fiscal year 1972. An increase of $5,000,000 has been recommended
to increase grants to State and interstate water pollution control
agencies to strengthen their programs. Increased funds have also
been provided to initiate a comprehensive investigation of water
quality in Lake Huron and Lake Superior and to expand the
investigation of eutrophication, agricultural runoff and other
problems in the Great Lakes.
$19,312,500 has been provided for enforcement of water quality
standards, an increase of $5,222,900 over the amount available for
fiscal year 1972. This increase will be used to handle an increased
number of violations of water quality standards and Refuse Act
permits. In addition, the increase will be used to upgrade the com-
puterized system for processing Refuse Act permits and to provide
field sampling and laboratory equipment for the program.
Water Hygiene $4,093,500
The request for water hygiene is $4,093,500, a reduction of
$37,600 below the amount available for fiscal year 1972. The funds
recommended will provide for a continuation of the 1972 level of
effort. Funds are provided for research on the effects of water
quality on human health and methods for assessing the quality of
drinking and recreational waters. Assistance is also provided to
State and local agencies to aid them in providing municipal water
supplies, meeting drinking water standards, and protecting the
sanitary quality of recreational waters.
Solid Wastes $36,552,600
The amount recommended for solid wastes is $36,552,600, an
increase of $3,284,900 over the amount available for fiscal year
1972.
The Committee recommends adding $15,000,000 to continue the
development and demonstration of solid waste technology at the
fiscal year 1972 level. In addition to the funds provided for fiscal
year 1973, approximately $13,500,000 in carryover funds from
previous years will also be available for this effort.
An increase of over $3 million is recommended to enable greater
-------
STATUTES AND LEGISLATIVE HISTORY 2053
financial and technical assistance to State and local solid waste
agencies.
Pesticides $18,883,100
The amount recommended for pesticide activities is $18,883,100,
an increase of $2,180,000 over the amount available for fiscal year
1972.
The Committee has provided $1,800,000, an increase of $900,000,
to expand research on the development of alternative pest control
methods. This work will be carried out jointly with the National
Science Foundation and the Department of Agriculture. The Sci-
entific Advisory Board of the National Center for Toxicological
research, which is composed of prominent scientists from acade-
mia, industry,
[p. 69]
and the Federal Government, has given tentative approval to
including research into the development of microbiological pesti-
cides in the programs of the Center because of its unique capa-
bilities in this field. Since the Committee fully supports the
maximum utilization of existing research facilities, the Environ-
mental Protection Agency should consider using the National
Center to the fullest extent practicable within the application
of sound scientific principles.
In addition, the Committee has provided an increase of approxi-
mately $1 million to expand studies on the health effects of pesti-
cides, accident investigations and technical assistance to State and
other agencies, and to improve the effectiveness and efficiency of
the pesticide registration program.
Radiation $7,673,600
The amount recommended for radiation is $7,673,600, an in-
crease of $493,700 over the amount available for fiscal year 1972.
The research program on human exposure to and the health effects
of both ionizing and non-ionizing radiation will be continued at the
same level.
Major changes to the program include an increase of $175,000
for development of standards, and the initiation of studies to de-
velop information required for establishment of a standard for the
liquid-metal, fast-breeder reactor.
An increase of $181,200 is provided to continue development of
the National Environmental Radiation Monitoring Program.
In addition, an increase of $133,900 is provided for additional
staff to review environmental impact statements.
Noise $1,183,200
-------
2054 LEGAL COMPILATION—GENERAL
The request for noise pollution is $1,183,200, or $11,200 less with
the amount available for 1972. The proposed lesser amount results
from a reduction of $995,000 which reflects the completion of the
required report to the President and the Congress during fiscal
year 1972. This decrease is offset by an increase of $155,000 to
expand research on the effects of noise on human health and well-
being necessary for the ultimate establishment of standards. An
increase of $828,500 is also provided in connection with noise pol-
lution at Federal activities. EPA will provide technical assistance
to other Federal agencies for the purpose of preventing and abat-
ing objectional noise from Federal activities and will conduct sur-
veys and studies in order to develop data on the economic and
engineering aspects of noise abatement and control.
Interdisciplinary $7,590,500
The request for interdisciplinary activities is $7,590,500, an in-
crease of $2,264,100 over the amount available for fiscal year 1972.
The additional funds will enable the development of basic infor-
mation and the analytical tools for performing economic studies,
environmental impact analyses, forecasts of environmental quality,
and other analyses to improve the development of standards, regu-
lations, and abatement strategies.
CONSTRUCTION GRANTS
1972 appropriation $2,000,000,000
1973 budget request 2,000,000,000
Recommended in the bill 1,900,000,000
Change 1 -100,000,000
[P. 70]
This program currently provides grants to States for up to 55%,
under certain circumstances, of the cost of construction of waste
treatment facilities. The program is authorized by section 8 of the
Water Pollution Control Act through April, 1972.
Amendments to the Water Pollution Control Act are now in
conference between the House and the Senate. For construction
grants, the Administration had proposed a 3-year Federal share
program of $6 billion. However, the House bill proposes a three-
year program of $18 billion and the Senate version of the bill pro-
poses a three-year program of $14 billion. In all likelihood, the new
legislation, when it is reported by the Committee of Conference,
will be significantly in excess of the $2 billion program of the
Administration on which the budget request was based.
Both the House and Senate versions of the new authorizing
-------
STATUTES AND LEGISLATIVE HISTORY 2055
legislation contain a provision for the use of contract authority,
which would avoid the traditional annual congressional appropria-
tion process. Therefore, it would not be necessary to appropriate
any additional funds at this time. The first appropriation required
under contract authority would be in connection with the fiscal
year 1974 budget, to liquidate those contracts entered into in fiscal
year 1973.
However, the Committee fully recognizes the importance of this
program which is designed to preserve and enhance our waterways
and therefore recommends an appropriation of $1,900,000,000,
subject to authorization, to remain available until the Federal
Water Pollution Control Act amendments of 1972 become law.
Once the new legislation becomes law, the balance of the funds
would be available for reimbursement to States for facilities con-
structed in anticipation of Federal repayment. These outstanding
reimbursements are estimated to be $1,900,000,000.
The Committee feels the appropriation of these funds is abso-
lutely essential, since they will allow the States and municipalities
to proceed with their programs for fiscal year 1973. Without the
appropriation of these funds, there is a very real possibility that
vital programs to clean up the Nation's waterways could come to a
standstill until such time as the new legislation becomes law.
[p. 71]
LIMITATIONS AND LEGISLATIVE PROVISIONS
The following limitations and legislative provisions not hereto-
fore carried in any appropriation act are included in the bill:
On pages 30-31 in connection with research and development
activities of the Environmental Protection Agency:
.• Provided, That this appropriation shall be available only
within the limits of amounts authorized by law for fiscal year
1973.
For an amount to provide for independent grant and con-
tract review advisory committees for the review of the
Agency's priorities to assure that such contracts and grants
are awarded only to qualified research agencies or individuals'
$2,590,000.
On pages 31-32 in connection with abatement and control activi-
ties of the Environmental Protection Agency:
: Provided, That this appropriation shall be available only
within the limits of amounts authorized by law for fiscal year
1978.
-------
2056 LEGAL COMPILATION—GENERAL
For an amount to provide for independent grant and con-
tract review advisory committees for the review of the Agen-
cy's priorities to assure that such contracts and grants are
awarded only to qualified research agencies or individuals,
$2,000,000.
For an amount to provide for conservation and pollution
abatement practices including animal waste storage and di-
version facilities and disposal of solid wastes, to be trans-
ferred to the Rural Environmental Assistance Program of the
Department of Agriculture for liquidation of contracts under
the 1973 program, $30,000,000, to remain available until ex-
pended.
[p. 99]
-------
STATUTES AND LEGISLATIVE HISTORY
2057
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[P. 113]
-------
2058 LEGAL COMPILATION—GENERAL
1.17b(2) SENATE COMMITTEE ON APPROPRIATIONS
H.R. REP. No. 92-983, 92d Cong., 2d Sess. (1972)
DEPARTMENT OF AGRICULTURE—ENVIRONMENTAL
AND CONSUMER PROTECTION APPROPRIATION BILL,
1973
JULY 24, 1972.—Ordered to be printed
Mr. McGEE, from the Committee on Appropriations, submitted
the following
REPORT
[To accompany H.R. 15690]
The Committee on Appropriations, to which was referred the
bill (H.R. 15690) making appropriations for the Agriculture-
Environmental and Consumer Protection Programs for the fiscal
year ending June 30, 1973, and for other purposes, reports the
same to the Senate with various amendments and presents here-
with information relative to the changes made:
Amount of bill as passed by the House—Total new (obli-
gational) authority $12,897,010,900
Amount of increase by Senate Committee—New (obliga-
tional) authority 497,940,900
Amount of bill as reported to Senate—New (obligational)
authority 13,394,951,800
Amount of 1972 Appropriation Act—Budget (obliga-
tional) authority to date 13,965,498,427
Amount of estimates, 1973—New (obligational) authority ._ 12,952,603,400
The bill as reported to the Senate:
Under the Appropriation Act for 1972 —570,546,627
Over the estimates for 1973—New (obligational)
authority +442,348,400
[P. 1]
GENERAL SUMMARY STATEMENT
The Senate bill, as reported by the Committee recommends
$13,394,951,800 of new obligational authority for fiscal year 1973,
representing a net increase by the Committee of $497,940,900 over
-------
STATUTES AND LEGISLATIVE HISTORY 2059
the House bill and $442,348,400 over the budget estimates. The
amounts of new obligational authority for each of the four Titles
contained in the bill for 1973, and the House bill for 1973, com-
pared with the Committee recommendations, are shown in the fol-
lowing table. A detailed tabulation showing comparisons appears
at the end of this report. Recommendations for individual appro-
priation items, projects, and activities are carried in the report
under the appropriate item headings.
Title 1 — Agricultural Programs
Title II — Rural Development
Title III — Environmental Protection
Title IV— Consumer Protection and Services
1972
Appropriation
Act
6,721,810,550
946,392,000
3,489,913,877
. 2,807,382,000
1973
budget
estimates
6,179,628,400
750,226,000
2,934,173,000
3,088,516,000
1973
House
bill
5,961,685,400
899,303,000
2,944,684,500
3,091,338,000
1973
Senate
committee
6,235,814,800
1,077,636,000
2, 984, 985, COO
3,096,516,000
Total, new budget (obligational) authority. 13,965,498,427 12,952,603,400 12,897,010,900 13,394,951,800
The Committee strongly urges the Department and the Admin-
istration to fully utilize all of the budget authority contained in the
appropriations bill hereinafter set forth. The Committee, during
the course of its hearings and other deliberations, has given con-
siderable attention to each of these items. It is obvious that each of
them carries a high priority with the Committee.
[p. 2]
TITLE III—ENVIRONMENTAL PROTECTION
INDEPENDENT AGENCIES
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
1972 New budget (obligational) authority $2,300,000
1973 Budget estimate—New (obligational) authority _ 2,550,000
House bill—New (obligational) authority 2,550,000
Committee recommendation—New (obligational) authority 2,550,000
The Council and Office of Environmental Quality has been as-
signed duties and responsibilities under Public Laws 91-190 (ap-
proved January 1, 1970) and 91-224 (approved April 3, 1970),
and Executive Orders 11507 and 11514. Some of these duties and
responsibilities include the preparation of an annual environmen-
tal quality report; preparation of recommendations for the Presi-
dent on national policies to improve environmental quality; anal-
-------
2060 LEGAL COMPILATION—GENERAL
yzing conditions and trends in the quality of environment; con-
ducting investigations relating to environment; assisting Federal
agencies on the development of environmental standards, and ad-
vising the President and Federal agencies as to priorities in envi-
ronmental programs.
The Committee recommends an appropriation of $2,550,000 for
the Council on Environmental Quality and Office of Environmental
Quality for fiscal year 1973. This amount is the same as the budget
estimate and the House allowance, and $250,000 over the fiscal
year 1972 appropriation.
ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS, RESEARCH, AND FACILITIES
The following table indicates the action taken by the House on
various activities of EPA:
Item
Research and development
Abatement and control
Enforcement
Facilities..
Agency and regional management..
Appropriation,
1972
$168,154,018
186,142 800
21,345 100
28,000,000
34,460,400
Budget estimate,
1973
$167,223,700
207,435,700
28,894,200
1,000,000
41,460,400
House bill,
1973
$185,223,700
240,935,700
28,894,200
0
41,960,400
Total, operation, research, and facilities "$438,102,318 $446,014,000 $497,014,000
1 Does not Include $2,418,000 in employment reductions savings.
[p. 35]
This appropriation covers the following activities to support a
national program of environmental protection and pollution abate-
ment:
a. Research and Development programs to determine the cause-
and-effect relationships of environmental pollutants and to develop
and demonstrate technological solutions for pollution abatement
and control.
b. Abatement and Control programs which provide for develop-
ment and implementation of environmental standards, monitoring
and surveillance of pollution, pollution control planning, financial
and technical assistance to State and local pollution control agen-
cies, assistance to other Federal agencies to minimize impact of
their activities on the environment, and support of training of per-
sonnel engaged in pollution control activities.
-------
STATUTES AND LEGISLATIVE HISTORY 2061
c. Enforcement programs to assist State and local agencies and
to carry out direct enforcement activities to assure compliance
with Federal pollution control standards, permits, and regulations.
d. Facilities programs to provide construction of new EPA
facilities and repair, improvement, and alteration of existing EPA
facilities.
e. Agency and Regional Management activities to provide both
centralized and regional leadership and administrative support for
EPA's programs.
Prior to House action on the fiscal year 1973 Budget, the operat-
ing programs of the Environmental Protection Agency were car-
ried under a single appropriation entitled, "Operations, Research
and Facilities" and this method of budgeting was followed when
the Administration budget for 1973 was prepared and forwarded
to Congress. The House separated the Agency's 1973 appropria-
tions into 5 separate categories and provided 5 separate appropria-
tions in lieu of the single appropriation described above. These
titles and appropriations are identified as: Agency and Regional
Management, Research and Development, Abatement and Control,
Enforcement and Facilities.
The Agency has appealed the action of the House in this regard
and requested that this Committee return to the single appropria-
tion account that has heretofore prevailed and as proposed in the
President's budget. In support of the appeal the Administrator
cited the need for flexibility of the Agency in implementing its
budget due to the fact that EPA is a relatively new agency and has
not acquired the necessary base and background to enable it to
operate effectively under the more rigid appropriation structure
proposed by the House.
In addition to the foregoing the Administrator pointed out that
the Agency has issued instructions and has provided financial and
accounting forms to all of its offices and personnel based on the
single appropriation concept and that to comply with the proposal
of the House would create significant administrative difficulties
and problems.
The Committee feels that the appeal of the Agency is well taken
and recommends that the appropriation for fiscal 1973 be restored
to the single appropriation concept and procedure as contained in
the 1972 bill and the President's budget for 1973. In recommend-
ing such action however for fiscal year 1973 the Committee notes
that the Agency is now on notice that substantial changes will
probably be made in reference to budgeting and appropriating for
-------
2062 LEGAL COMPILATION—GENERAL
fiscal 1974. The Committee directs that the Agency undertake im-
mediate action to
[p. 36]
work with both this Committee and the Committee of the House
for developing an appropriation and activity structure for fiscal
year 1974. Therefore, any changes that are to be proposed may be
fully considered at all stages of the budgeting process, including
submission of the President's budget to the Congress.
While the Committee recognizes the need for some degree of
flexibility in implementing the budget it does expect that the
Administration will maintain close contact with the Committees
of both the Senate and the House and that any significant changes
in programs and fund allocations will be undertaken only after
consultation with and approval by both Committees.
As is indicated above, the House bill contains an appropriation
of $30,000,000 to the Environmental Protection Agency which is
to be transferred to the Department of Agriculture to assist in the
administration of the Rural Environmental Assistance Program.
The Agency has appealed this item and the Committee recom-
mends that this item be deleted from EPA's appropriation.
REAP and its predecessor agency, ACP, was authorized by the
Soil Conservation and Domestic Allotment Act, as amended, and
have been within the Department of Agriculture since its incep-
tion 35 years ago. As this Committee has pointed out on many
occasions, the Rural Environmental Assistance Program is a highly
significant one in promoting conservation practices and in pro-
tecting, preserving and restoring an acceptable environment. It
was established for this purpose and served this function for many
years prior to the time when environmental factors in our nation
commanded the considerable attention which they enjoy today.
The Committee feels however that all appropriations for REAP
should be made to the Department of Agriculture and should not
be channeled through EPA.
The Committee has eliminated the language added by the House
which would have established independent grant and contract re-
view and advisory committees. In commenting on the effects of the
actions of the House, the Agency indicated that it ". . . intends in
1973 to begin operation of a scientific advisory board for service
to the Administrator to provide advice on technically based Agency
policies and decisions, and to assure that the objectives, em-
phases and results of all scientific and technical programs of the
EPA are optimally responsive to the Agency mission, legislated
-------
STATUTES AND LEGISLATIVE HISTORY 2063
requirements, and general public interest. This Board will consist
of the Nation's outstanding scientists and technologists in dis-
ciplines related to environmental protection." Members of the
Board would be available to participate in the technical review of
grants and contracts along with many other of the Nation's most
distinguished environmental experts. The review and approval of
research grants and contracts would be a day-to-day consideration.
This process will be more expeditious than could be possible under
the advisory board concept where meetings must be scheduled at
appropriate intervals and therefore would contribute to the delay
in making awards.
The Committee concurs with the action taken by the House in
providing additional funds for the several programs designated
except as noted above. These are all matters of great concern and
of the highest priority and the Committee strongly urges the
Agency and the Administration to fully utilize these funds as ex-
peditiously as possible.
[P. 37]
In addition to the increases provided by the House the Commit-
tee recommends that $7,500,000 be added to the budget estimate to
implement research programs under Section 104 of the Clean Air
Act. This is another program of utmost urgency.
The Committee recommends restoration of the $1,000,000 elim-
inated by the House for Facilities. In addition the Committee rec-
ommends an additional $1,000,000 for facilities, to be utilized for
the construction of the Water Hygiene Laboratory that has been
proposed for Manchester, Washington. This facility has been
planned and authorized for several years and the Agency has con-
struction funds available from prior year's appropriation in excess
of $1,000,000. The funds recommended herein, together with the
carry-over funds should be sufficient for the Agency to proceed
with the construction of this long planned facility.
The Committee had considerable discussion in reference to the
proposed sewer demonstration project at Bend, Oregon. Testimony
presented to the Committee indicated that this proposed project
has great significance for many cities in several States throughout
the Nation. For that reason, the Committee expresses its particu-
lar interest in this proposal and urges the Agency to carefully re-
view it in terms of its national significance.
The Committee recommends an additional $15,000,000 for Sec-
tion 208 resource recovery demonstration projects. The Committee
-------
2064
LEGAL COMPILATION—GENERAL
believes it is important that a wide range of new systems be dem-
onstrated under this program. While energy recovery systems are
important and need to be investigated, the Committee believes it
is vital that EPA also approve systems recovering a full range of
reusable materials from solid wastes, including humus.
For Operations, Research and Facilities the Committee recom-
mends $491,514,000. This is a decrease of $5,500,000 from the
House bill and an increase of $45,500,000 over the budget estimate.
It is $50,993,700 more than was available in 1972.
The Committee recommendation, broken down by media and
category is as follows:
Available
1972
Proposed
1973
increase
1973
Budget
request
1973
House
bill
Senate com-
mittee recom-
mendation
Air
Water
Solid wastes _
Water hygiene
Radiation
Pesticides
Noise _.
Interdisciplinary _
Program management and support _.
Agency management and regional man-
agement
Facilities _
Employment reduction savings
$134,797,018 +$24,978,800
130,909,100 +8,389,600
33,267,700 -11,835,100
4,131,100 -37,600
7,179,900 +262,700
16,703,100 +2,180,000
1,194,400 -11,200
5,326,400 +2,264,100
42,133,200 +1,720,400
34,460,400 +7,000,000
28,000,000 -27,000,000
2,418,000 -2,418,000
$159,775,800
139,298,700
21,432,600
4,093,500
7,442,600
18,883,100
1,183,200
7,590,500
43,853,600
41,460,400
1,000,000
$160,812,800
144,410,700
36,552,600
4,093,500
7,673,600
18,883,100
1,183,200
7,590,500
43,853,600
41,960,400
$168,312,800
144,410,700
51,552,600
4,093,500
7,673,600
18,883,100
1,183,200
7,590,500
43,853,600
41,960,400
2,000,000
Total 440,520,318 +5,493,700 446,014,000 '467,014,000 491,514,000
1 Does not include $30,000,000 appropriated in House bill to REAP for transfer to Department of Agriculture, Excluding
this item, Senate Committee recommendation is $24,500,000 over House bill.
As stated in the House report, some of the funds provided herein
are not fully authorized but authorizing legislation is in confer-
ence. The Committee has included these funds with a limitation
prohibiting their use until authorized.
[p. 38]
CONSTRUCTION GRANTS
1972 New budget (obligational) authority ___ $2,000,000,000
1973 Budget estimate—New (obligational) authority 2,000,000,000
House bill—New (obligational) authority 1,900,000,000
Committee recommendation—New (obligational) authority 1,900,000,000
-------
STATUTES AND LEGISLATIVE HISTORY 2065
This appropriation provides grants to local public agencies for
construction of municipal waste water treatment facilities to as-
sist States and localities in attaining and maintaining water qual-
ity standards.
For Construction Grants, the House provided $1.9 billion, $100
million less than the budget estimate. The Committee concurs in
this action.
As pointed out in the House Report, both the Senate and House
version of the new authorizing legislation contain provisions for
the construction program to be placed on a program involving con-
tract authority rather than the usual annual appropriation pro-
cess. After this new legislation is finally enacted and the contract
program becomes operational no appropriations would be neces-
sary to liquidate the contract authority until fiscal year 1974. In
the meantime the existing construction grant program is being
extended temporarily pending final enactment of the new legisla-
tion. The funds provided by the House and recommended herein
should be more than adequate to carry on the construction grant
program on the temporary basis on which it now exists. The Com-
mittee has included these funds with a limitation prohibiting their
use until authorized.
The Committee also concurs with the action of the House in
providing that any funds provided herein which are not obligated
for new construction grant projects should be made available for
reimbursement to the states and local communities for facilities
constructed in anticipation of federal repayment.
[p. 39]
-------
2066
LEGAL COMPILATION—GENERAL
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[p. 63]
-------
STATUTES AND LEGISLATIVE HISTORY 2067
1.17b(3) COMMITTEE OF CONFERENCE
H.R. REP. No. 92-1283, 92d Cong., 2d Sess. (1972)
MAKING APPROPRIATIONS FOR THE AGRICULTURE-ENVIRON-
MENTAL AND CONSUMER PROTECTION PROGRAMS FOR THE
FISCAL YEAR ENDING JUNE 30, 1973, AND FOR OTHER PUR-
POSES
AUGUST 2, 1972.—Ordered to be printed
Mr. WHITTEN, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 15690]
The Committee of Conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
15690) "making appropriations for the Agriculture-Environmen-
tal and Consumer Protection programs for the fiscal year ending
June 30, 1973, and for other purposes," having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its amendments numbered 6, 9, 10,
11, 14,15, 28, 29, 33, 34, 37, 38, and 44.
That the House recede from its disagreement to the amendments
of the Senate numbered 2,19, 20, 23, 25, 26, 27, 39, 43, and 47, and
agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the amendment
of the Senate numbered 3, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $188,036,-
600; and the Senate agree to the same.
Amendment numbered 4:
That the House recede from its disagreement to the amendment
of the Senate numbered 4, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $11,578,-
900; and the Senate agree to the same.
[P. 1]
-------
2068 LEGAL COMPILATION—GENERAL
Amendment numbered 5:
That the House recede from its disagreement to the amendment
of the Senate numbered 5, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $3,460,-
000; and the Senate agree to the same.
Amendment numbered 7:
That the House recede from its disagreement to the amendment
of the Senate numbered 7, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $289,304,-
000; and the Senate agree to the same.
Amendment numbered 8:
That the House recede from its disagreement to the amendment
of the Senate numbered 8, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $6,444,-
000; and the Senate agree to the same.
Amendment numbered 12:
That the House recede from its disagreement to the amendment
of the Senate numbered 12, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $91,438,-
000; and the Senate agree to the same.
Amendment numbered 13:
That the House recede from its disagreement to the amendment
of the Senate numbered 13, and agree to same with an amendment
as follows:
In lieu of the sum proposed by said amendment insert $120,858,-
000; and the Senate agree to the same.
Amendment numbered 16:
That the House recede from its disagreement to the amendment
of the Senate numbered 16, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $182,168,-
000; and the Senate agree on the same.
Amendment numbered 17 :
That the House recede from its disagreement to the amendment
of the Senate numbered 17, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $22,834,-
200; and the Senate agree to the same.
-------
STATUTES AND LEGISLATIVE HISTORY 2069
Amendment numbered 18:
That the House recede from its disagreement to the amendment
of the Senate numbered 18, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $17,829,-
000; and the Senate agree to the same.
[p. 2]
Amendment numbered 21:
That the House recede from its disagreement to the amendment
of the Senate numbered 21, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $2,055,-
000; and the Senate agree to the same.
Amendment numbered 22:
That the House recede from its disagreement to the amendment
of the Senate numbered 22, and agree to the same with an amend-
ment as follows :
In lieu of the sum proposed by said amendment insert $25,805,-
000; and the Senate agree to the same.
Amendment numbered 24 :
That the House recede from its disagreement to the amendment
of the Senate numbered 24, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $400,000;
and the Senate agree to the same.
Amendment numbered 32:
That the House recede from its disagreement to the amendment
of the Senate numbered 32, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $3,750,-
000; and the Senate agree to the same.
Amendment numbered 40:
That the House recede from its disagreement to the amendment
of the Senate numbered 40, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $160,069,-
000; and the Senate agree to the same.
Amendment numbered 41:
That the House recede from its disagreement to the amendment
of the Senate numbered 41, and agree to the same with an amend-
ment as follows:
In lieu of the sum proposed by said amendment insert $7,622,-
000; and the Senate agree to the same.
-------
2070 LEGAL COMPILATION—GENERAL
Amendment numbered 42:
That the House recede from its disagreement to the amendment
of the Senate numbered 42, and agree to the same with an amend-
ment, as follows :
In lieu of the sum proposed by said amendment insert $133,549,-
500; and the Senate agree to the same.
Amendment numbered 45:
That the House recede from its disagreement to the amendment
of the Senate numbered 45, and agree to the same with an amend-
ment, as follows:
In lieu of the sum proposed by said amendment insert $1,075,-
500; and the Senate agree to the same.
[p. 3]
Amendment numbered 46:
That the House recede from its disagreement to the amendment
of the Senate numbered 46, and agree to the same with an amend-
ment, as follows:
In lieu of the sum proposed by said amendment insert $365,000;
and the Senate agree to the same.
The committee of conference report in disagreement amend-
ments numbered 1, 30, 31, 35, 36, and 48.
JAMIE L. WRITTEN,
WILLIAM H. NATCHER,
W. R. HULL, Jr.,
FRANK E. EVANS,
GEORGE MAHON,
MARK ANDREWS,
ROBERT H. MICHEL,
BILL SCHERLE,
Managers on the Part of the House.
GALE W. McGEE,
JOHN STENNIS,
WILLIAM PROXMIRE,
ROBERT C. BYRD,
HERMAN E. TALMADGE,
ROMAN L. HRUSKA,
MILTON R. YOUNG,
HIRAM L. FONG,
Managers on the Part of the Senate.
[p. 4]
-------
STATUTES AND LEGISLATIVE HISTORY 2071
JOINT EXPLANATORY STATEMENT OF THE
COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the confer-
ence on the disagreeing votes of the two Houses on the amend-
ments of the Senate to the bill (H.R. 15690) making appropria-
tions for agriculture-environmental and consumer protection
programs for the fiscal year ending June 30, 1973, and for other
purposes, submit the following joint statement to the House and
Senate in explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference re-
port:
[p. 5]
TITLE III-—ENVIRONMENTAL PROGRAMS
ENVIRONMENTAL PROTECTION AGENCY
Amendments Nos. 34, 35, 36, 37 and 38: These amendments in-
volve all funds in the bill for the Environmental Protection Agency
except grants for construction of waste treatment works and over-
seas research.
The House total for the various activities involved was $497,-
014,000.
The Senate total was $491,514,000.
The total agreed upon by the Conferees is $467,014,000, which
$30,000,000 shall be identified for the new pollution abatement
practices.
With respect to the $30,000,000 below the House total, the House
bill
[P. 9]
included that amount for transfer to the Rural Environmental
Assistance Program (REAP) of the Department of Agriculture.
The House managers have agreed that in the announcement of the
1973 REAP program of the Department of Agriculture not more
than $30,000,000 shall be identified for the new pollution abate-
ment practices and such amount as is used shall be paid from funds
available to the Environmental Protection Agency. The remainder
of the $225,500,000 program announcement shall be for the prac-
tices including all those available under the 1970 program. There-
fore, the House managers yielded to the Senate on this position for
this year.
With respect to the $24,500,000 below the Senate total, the con-
ference agreement omits funds added by the Senate, as follows:
(1) $7,500,000 for section 104 of the Clean Air Act; (2) $15,000,-
000 for section 208 of the Resource Recovery Act; and (3) $2,000,-
-------
2072 LEGAL COMPILATION—GENERAL
000 for facilities. With respect to the latter item, $1,000,000 was
for repair and improvement projects which had been deleted by
the House and $1,000,000 was for construction of a laboratory at
Manchester, Washington. However, the House report on the 1972
appropriation bill directed that "no further construction be under-
taken without a full and thorough review of existing research
efforts and their locations with a view toward consolidation of the
diverse programs so recently acquired. . . ." This review has not
yet been submitted to the House and Senate Committees, even
though it was requested well over a year ago. Therefore, since the
study is still underway, the Conferees agree to defer action on this
item at this time. However, funds previously appropriated for the
construction of this laboratory shall remain available until the
completion of this study and shall not be diverted to other pur-
poses.
Aside from the question of funding levels and objects, these
amendments also involve the appropriation structure for the EPA.
The House, in order to provide better congressional visibility and
control, separated the Agency's single lump-sum operational ap-
propriation into four separate appropriations. The Senate dis-
agreed; struck out the four appropriations; and substituted a
single lump-sum appropriation similar to last year's.
The Conferees have agreed to the separated structure of the
House bill, but with the addition of limited authority—7 percent—
to transfer between the four appropriations.
As to Amendments Nos. 35 and 36, relating to Research and
Development and Abatement and Control, respectively, the House
bill contained provisions limiting the availability of the two appro-
priations to amounts authorized by law for fiscal year 1973. Legis-
lation authorizing portions of each of these two appropriations is
still pending in conference (S. 2770, Federal Water Pollution Con-
trol Act Amendments). In order to avoid complete stoppage of
Agency operations on July 1, these provisions were suspended by
a special provision in the continuing resolution, pending finaliza-
tion of the legislative authorizations. In view of the uncertainties
of the moment and to avoid possible stoppage of all operations of
the Agency in the near future, the Conferees have agreed that this
suspension must be continued pending further development, and
have accordingly agreed to modify the two contingency provisions
referred to. This can be done by hitching the effective date of the
provisos to the revised terminal date of the
[p. 10]
-------
STATUTES AND LEGISLATIVE HISTORY 2073
continuing resolution (which will, undoubtedly, be extended be-
yond its present expiration date of August 18).
To effectuate these conference agreements, the amendments
would be disposed of as follows :
Amendment No. 34: Appropriates $41,960,400 for agency and regional
management as proposed by the House.
Amendment No. 35: Reported in technical disagreement. The managers on
the part of the House will move to recede and concur in the Senate amend-
ment with an amendment, the effect of which will be to restore the House
appropriations of $182,723,700 for research and development and $2,500,000
for advisory committees, and modifying the contingent availability proviso
as discussed above. The managers on the part of the Senate will move to
concur in the amendment of the House to the amendment of the Senate.
Amendment No. 36: Reported in technical disagreement. The managers
on the part of the House will move to recede and concur in the Senate
amendment with an amendment, the effect of which will be (1) to restore
the House appropriation of $208,935,700 for abatement and control and
$2,000,000 for advisory committees; (2) to delete the $30,000,000 proposed
by the House for transfer to the REAP program in the Department of
Agriculture; (3) to modify the contingent availability proviso as discussed
above; and (4) to insert the agreed upon 7 percent transfer authority dis-
cussed above. The managers on the part of the Senate will move to concur
in the amendment of the House to the amendment of the Senate.
Amendment No. 37: Appropriates $28,894,200 for enforcement activities as
proposed by the House.
Amendment No. 38: Strikes out the separate lump-sum appropriation of
$491,514,000 which the Senate had proposed for Agency operations, research,
and facilities.
[p. 11]
CONFERENCE TOTAL—WITH COMPARISONS
The total new budget (obligational) authority for the fiscal year
1973 recommended by the Committee of Conference, with compari-
sons to the fiscal year 1972 total, the 1973 budget estimate total,
and the House and Senate bill follows:
New budget (obligational) authority, fiscal year 1972 $13,965,498,427
Budget estimates of new (obligational) authority, fiscal
year 1973 12,952,190,400
House bill, fiscal year 1973 12,897,010,900
Senate bill, fiscal year 1973 13,561,055,800
Conference agreement 13,434,032,700
Conference agreement compared with—
New budget (obligational) authority, fiscal year 1972 __ —531,465,727
Budget estimates of new (obligational) authority (as
amended), fiscal year 1973 +481,842,300
House bill, fiscal year 1973 +537,021,800
Senate bill, fiscal year 1973 —127,023,100
-------
2074
LEGAL COMPILATION—GENERAL
The Conferees agree that any additional expenditures which re-
sult from new obligational authority authorized in this bill should
be in addition to any outlay limitation currently or hereafter im-
posed on the Department of Agriculture and under no conditions
should reduce current levels of expenditures for authorized pro-
grams.
JAMIE L. WHITTEN,
WILLIAM H. NATCHER,
W. R. HULL, Jr.,
FRANK E. EVANS,
GEORGE MAHON,
MARK ANDREWS,
ROBERT H. MICHEL,
BILL SCHERLE,
Managers on the Part of the House.
GALE W. McGEE,
JOHN STENNIS,
WILLIAM PROXMIRE,
ROBERT C. BYRD,
HERMAN E. TALMADGE,
ROMAN L. HRUSKA,
MILTON R. YOUNG,
HIRAM L. FONG,
Managers on the Part of the Senate.
[P. 13]
1.17b(4) CONGRESSIONAL RECORD, VOL. 118 (1972)
1.17b(4)(a) June 29: Considered and passed House, pp. H6286-
H6288, H6290, H6291, H6292, H6336
STRESS ON THE ENVIRONMENT
Paralleling our concern with the
waste of our land and forest resources
was the concern for pollution of water
as a threat to public health. This be-
came a matter of public concern in the
United States in the late 19th century
when virulent typhoid epidemics ap-
peared in various cities. The then new
science of bacteriology identified many
of these outbreaks as the result of
contaminated water supplies. The pub-
lic outcry against pollution was great.
Public health officers attempted to
meet this challenge in two principal
ways.
The first was to select certain
streams for waste disposal and to re-
serve other, protected streams for
municipal water supplies.
The other method was the filtration
and disinfection of water.
While these systems have worked
for many years, we now face a period
when we must give full attention to
water pollution or else pay substantial
penalties for the future.
In a report entitled "The Economics
of Clean Water," an EPA survey esti-
-------
STATUTES AND LEGISLATIVE HISTORY
2075
mated a municipal investment of as
much as $18 billion and an industrial
investment of $8 billion over the next
4-year period to meet current water
pollution standards.
For 1971, EPA estimates that about
29 percent of the Nation's waters
were polluted, a deterioration of about
2 percent below the estimate of the
previous year. For 1970, of the 148
million persons who live in communi-
ties served by sewer systems, the
wastes for about 28 percent received
only primary treatment and 6 percent
received no treatment.
AIR POLLUTION PROBLEMS
Another serious problem we face in
our efforts to clean up our environ-
ment is the problem of air pollution.
In the second Annual Report of the
President's Council on Environmental
Quality, the damage cost as a result
of air pollution was estimated to be
$16.1 billion. This estimate is based
on the following annual costs: human
health—$6.1 billion, residential prop-
erty—$5.2 billion, materials—$4.7 bil-
lion, and vegetation—$0.1 billion.
Major sources of air pollution are
motor vehicles and factories which
emit such pollutants as sulfur and
nitrogen oxides, hydrocarbons, and
various types of particulate matter,
and smoke, soot, and fly ash.
Motor vehicles of all types are re-
sponsible for much of our air pollu-
tion, with the internal combustion en-
gine being responsible for much of the
carbon monoxide, hydrocarbons, and
nitrogen oxides in the air. Under cur-
rent law, hydrocarbons and carbon
monoxide from 1975 model year ve-
hicles must be reduced by 90 percent
from the allowable 1970 emissions.
Nitrogen oxide emissions must be re-
duced by 90 percent in 1976 from
measured emissions from 1971 model
year cars.
Major emphasis in this area has
been directed toward emission control
devices rather than toward develop-
ment and demonstration of new types
of engine technology. Emission control
devices are expected to add $150 to
$200 to the cost of a new automobile
as well as increased costs due to a sig-
nificant reduction in gas mileage.
Cleanup of pollution attributable to
sources other than motor vehicles will
result primarily from the conversion
to clean burning fuels. Coal gasifica-
tion, natural gas, and nuclear power
all offer significant potential for re-
ducing emissions.
In the area of solid waste, it is esti-
mated that we, as a Nation, throw
away each year 3.5 billion tons of
solid wastes, which costs us about $4.5
billion in handling; costs. Of this, more
than 360 million tons of industrial,
municipal, and commercial solid
wastes are being generated, and this
amount is expected to double by 1980.
Paralleling the symptoms of man's
demand on the environment, namely,
air and water pollution, there is a
dramatic increase in our use of re-
sources which fuel our dynamic econ-
omy. The U.S. population of about 208
million is only 5.6 percent of the
world's population, but we consume
approximately one-third of the world's
energy output. In 1971, the U.S. gross
national product passed the $1 trillion
mark. To support this level of GNP,
energy and processed materials of
mineral origin valued at $150 billion
were required.
Annually over 4 billion tons of new
mineral supplies—20 tons per person—
are needed to sustain our economy.
For forest products alone, 1971 con-
sumption of industrial wood reached
an alltime peak of 13 billion cubic feet.
HOW DO WE PROCEED
Though we all agree that we have a
problem facing us with regard to the
waste of our resources and the pollu-
tion of our streams, we are faced with
what may be done. One thing is cer-
tain: You can take pollution from the
air and put it in the water, or you can
-------
2076
LEGAL COMPILATION—GENERAL
take it out of the water and put it on
the land; but once formed, it must be
disposed of somehow.
There is an old saying, "There ought
to be a law." But a law is not self-
enforcing. What people really mean is
that there ought to be a correction.
Laws require the cooperation of the
vast majority of decent citizens to be
effective. The law is also blind to any
considerations not included in its
framework. If a law causes more prob-
lems than it solves, it will not be
enforced over a long period of time.
Congress in recent years has been
passing environmental laws that are
difficult if not impossible not to sup-
port, but which may be impossible to
carry out. These laws are a reflection
of the feeling of the Nation and the
Congress and for the most part an
earnest desire to improve and restore
the environment.
But many of the provisions of thess
laws go well beyond the test of the
prudent man. In many cases, stand-
ards are being established, standards
for which no known technology exists
to meet these standards, or at best
technology that exists only in the
laboratory or on the drawing board.
For example, the committee has been
told that—
Phosphates have been removed from
detergents in some cases and the
chemicals that have been used as re-
placements are more dangerous than
the phosphates;
Emission control devices have been
installed on automobiles to reduce car-
bon monoxide emissions, and nitrogen
oxide emissions have been increased
as a result;
The new emission control devices
may result in a significant increase in
fuel consumption, thereby indirectly
increasing pollution and significantly
increasing the use of natural resour-
ces;
Power plant construction is being
held up for environmental considera-
tions—power that is needed to clean up
our environment;
Some persistent pesticides have been
banned and replaced with less persist-
ent pesticides which we must use far
more often to achieve a similar effect
with much greater hazards to workers;
and
We have made businesses install
pollution abatement equipment and
then made them replace the equipment
as new technology becomes available.
Perhaps with all good intentions we
are moving too fast.
A STEP BACKWARD—THE GYPSY MOTH
A second danger is using such laws
to take sudden action where alterna-
tives do not exist or at least are only
in the laboratory stage of develop-
ment. The gypsy moth, which defoli-
ates our trees, is a case in point.
This insect was brought to this
country as a possible source of silk in
1869. Unfortunately, some of the
moths escaped from captivity. Twenty
years later it infested 200 square
miles around Boston. It gradually
spread to infest much of New England
and, in the 1920's, a barrier zone was
established along the line of the Hud-
son River. Generally, infestations be-
yond the zone were held in check with
aerial treatment with DDT, the treat-
ment of choice until its extensive use
was halted in 1959. Since that time,
the westward spread has been signifi-
cant until the 1970's found the gypsy
moth as far away as Wisconsin, Ohio,
North Carolina, South Carolina, and
Alabama.
Current control methods involve the
use of the pesticide Sevin which, re-
portedly, does not offer the degree of
control due to its short life and the
need for more frequent applications.
Further, public opposition to aerial
pest control operations has seriously
hampered the success of the gypsy
moth program.
[p. H6286]
-------
STATUTES AND LEGISLATIVE HISTORY
2077
Sterile male moths are being released
in limited locations where it is possible
to overwhelm insect populations. In
addition, experiments are being con-
ducted with parasites, predators, and
sex lures. The appropriations for this
research were expanded by $1 million
in 1971 for a total of over $1.6 million
for the cooperating agencies of USDA.
The level for 1973 should reach $1.9
million.
Problems with mass rearing tech-
niques and with the establishment and
careful testing that must precede the
introduction of predators will mean
that it will take several years to see
their effects. Nevertheless, the com-
mittee fully expects the Department to
use such funds as may be available to
exploit any scientific breakthroughs
that may develop regarding this pest.
In the meantime, our forests are
threatened by the spread.
IT TAKES TIME TO DEVELOP ALTERNATIVES
The gypsy moth is a good example
of the problems which arise from pre-
cipitate action to stop or ban the use
of an available method for controlling
problems that man has with nature.
Certainly these actions are necessary
where there is an imminent hazard to
human health. But, for the most part,
we must move carefully to develop
real alternatives in order to avoid un-
planned damage to the environment
and to the economy.
When disease strikes or former con-
trol methods are no longer available,
the development of alternatives takes
many, many years. For example, the
Department has reported that it takes
from 10 to 12 years to develop a new
wheat, 5 years for a new corn, 15
years for an improved oilseed variety.
The development of a new pesticide
requires about 5 years and up to $5
million before it can be approved and
marketed.
Certainly any estimate of time is
only an average, and the development
may stretch far beyond that time. For
example, literally thousands of poten-
tial herbicides have been screened over
the past 27 years, but none has been
developed that possesses the unique
characteristics of 2,4,D.
In addition to effectiveness, the cost
implications of alternatives must be
fully explored. The committee provided
$200,000 in last year's bill to enable
the Secretary of Agriculture to con-
sider the economics of some of the
rules and regulations being proposed
for environmental control. The Depart-
ment reported that a regulation under
consideration would have cost an aver-
age size pig farmer $15,000 or $7 per
animal. The agency proposing the
regulation was unaware of this and
glad to have the information.
By the year 2000, 28 years from
now, we will grow by 92 million
Americans above today's 208 million
Americans who are already abusing
their resources. Our lakes and rivers
have become catch basins for the resi-
dues of our factories, household and
agricultural chemicals, for human
wastes from thousands of villages,
towns, and cities. Our air has become
a pall on our major cities as it is
stressed by our factory and automobile
exhausts. How we will clean up this
situation and learn to handle it with-
out restricting the means for provid-
ing our high standard of living may
well determine the future of our Na-
tion.
As we approach this problem, we
must keep in mind that the power to
control water quality and air quality
is not only the power to make or break
business but is a power over the life
of the Nation.
If we closed all our manufacturing
plants, that would greatly improve our
water quality. If we stopped driving
automobiles, just think what that
would do to improve the atmosphere.
If we could return to the 800,000 pop-
ulation level of this country at the
time of its discovery, nature would be
-------
2078
LEGAL COMPILATION—GENERAL
able to eliminate the population prob-
lem.
Today's population could never be
asked to live the simple life of the
earliest Americans. Neither could we
ask or force the residents of New
York City to quit eating, quit living,
and quit breathing while we clean up
the Hudson. The same is true for
Washington and the Potomac as well
as many of the people in thousands of
towns and villages.
However, it should be clear that our
use of resources and the discard of
waste materials are directly related to
the means by which we live and pros-
per. The ability to control their rate is
the power to control how we live. Yet,
under present law and under several
more under consideration, we are in-
vesting more and more of this power
in a single agency with a single head
without the means of setting prior-
ities in public debate and where the
costs and the effects of a decision to
clean up a river or clean up the air
can be assessed by those workers who
must seek other employment, by the
consumers who must pay higher
prices, and by those industries which
must find better locations and manu-
facturing processes.
THE COST OF CLEANING UP
A study was recently released by
the Council on Environmental Quality
entitled "The Economic Impact of
Pollution Control" which considered
the general economic impact of cur-
rent nationwide air and water pollu-
tion standards as well as the impact
on 11 selected industries. The study
indicated that none of the 11 indus-
tries, as a whole, would be seriously
threatened solely by the present pollu-
tion abatement costs.
However, if found that some indi-
vidual firms will earn lower profits,
some will curtail production, and some
firms and plants will be forced to
close. It estimated further that be-
tween 200 and 300 plants would be
forced to close during the study period
—1972-76—with a potential reduc-
tion of between 50,000 and 125,000
jobs due to the pollution abatement
requirements. Such closings are esti-
mated to be significant for 150 com-
munities.
In terms of the general economy,
testimony before the committee indi-
cated that industry will have to spend
$150 billion between now and 1980 in
order to meet the standards we have
established. This cost will have to be
absorbed by the consumer through
higher prices. Higher cost of goods
produced will mean shrinking foreign
markets and increasing pressure from
foreign imports. This year we are
facing the largest trade deficit in the
history of the country. Increased prices
and increased imports will mean fewer
jobs for American workers. People out
of work do not care about the environ-
ment.
Much has been written about our
participation in international environ-
mental meetings. The committee is for
them to the extent that we are able to
share our experiences and our knowl-
edge of problems and learn from
others in the process.
However, we are never as successful
in our international efforts as we hope.
We did not make the world safe for
democracy after World War I. The
rest of the world did not pay attention
to our views. Nor were we too success-
ful in saving the world from commu-
nism after World War II.
We did not seem to have as much in-
fluence in the rest of the world as we
thought we had. Now it would seem
that we are going to set out to save
the world from environmental degra-
dation. This is a valid concern. But we
must recognize that no matter how
much we may wish to explain what we
are learning to China and India, they
will still want to feed their people
first.
This point was recently raised by
Prime Minister Indira Gandhi of India
-------
STATUTES AND LEGISLATIVE HISTORY
2079
when she addressed the United Nations
Conference on the Environment. Mrs.
Gandhi said:
On the one hand-, the rich look askance at
our continuing poverty. On the other, they
warn us against their own methods.
She went on to say:
We do not wish to impoverish the environ-
ment any further. Yet, we cannot forget the
grim poverty of large numbers of people. When
they themselves feel deprived, how can we urge
the preservation of animals, how can we speak
to those who live in villages and in slums
about keeping the oceans, the rivers and the
air clean, when their own lives are contami-
nated at the source.
We should set a good example, help
where we can, and practice what we
preach. However, we cannot forget
that with only 6.3 percent of the land
area and 5.6 percent of the people, we
are no more going to be able to control
the rest of the world with regard to
the world environment any more than
we were able to save the world for
democracy or from communism.
Today, the Congress, the Adminis-
trator of the Environmental Protec-
tion Agency and others are faced with
dealing with many of the environmen-
tal groups.
We see many projects opposed by
some because it will change the type
of fish or type of animal which they
wish to catch and kill.
Because a major war is not at our
shores, they feel that testing of wea-
pons is unnecessary.
Because their lights come on every
night, they oppose new electric gener-
ation facilities. They are trying to
stop power generation when our needs
are doubling each 10 years.
Because they have not been hungry,
they oppose fertilizers and pesticides
which are fundamental to agriculture
production.
Because they have jobs, they are op-
posed to development of areas of this
country not so fortunate.
Because their homes are not flooded,
they are opposed to reservoirs.
Millions of people have been sold
against "changing the environment"—
[p. H6287]
even though it be for the good of man-
kind.
[p. H6288]
NEED FOB INCREASED ATTENTION TO SELECTION
AND TRAINING OF QUALIFIED PERSONNEL
As indicated earlier, the Environ-
mental Protection Agency and the
Food and Drug Administration parti-
cularly have faced expanding respon-
sibilities. One thing is certain, the
qualifications and training of the per-
sonnel required to administer these
difficult programs must be of the high-
est quality. When any program is
growing dramatically, an agency must
always be on its guard that it does
not relax its standards. Only qualified
[p. H6290]
personnel must be hired, even if this
means temporarily delaying implemen-
tation of a program. This is especially
true for programs which can, if im-
properly administered, do irreparable
harm to the reputation of firms or
individuals.
The committee is pleased to note the
plans by the Farmers Home Adminis-
tration and the Environmental Pro-
tection Agency to begin training oper-
ations. In addition, the committee
calls on the Department of Agricul-
ture to review its meat and poultry
inspection training programs, parti-
cularly at the supervisory level. The
committee has also provided increases
in training funds to accompany its in-
creases in personnel for the Food and
Drug Administration and for the Fed-
eral Trade Commission. The additional
funds in all training programs should
be used to assure both that new em-
ployees are adequately trained and
that existing employees receive re-
fresher and such other training as is
required to maintain their qualifica-
tions. Rotational assignment policies
-------
2080
LEGAL COMPILATION—GENERAL
are also an important aspect of an
agency's personnel program—especi-
ally in regard to inspectors—and
should also be periodically reviewed.
Information provided to the com-
mittee has indicated that in some cases
the Environmental Protection Agency
may be experiencing a lack of techni-
cal expertise in some areas. The need
for expert advice was particularly evi-
dent in the recent highly publicized
decision on DDT. The report demon-
strated a regrettable lack of informa-
tion on the costs, supplies and pro-
grams for cotton. The report indicated
that information on costs of produc-
tion was not available. The Depart-
ment of Agriculture has made numer-
out cost studies and findings on this
crop. The report indicated supplies
were plentiful, while the Department
of Agriculture, which is officially
charged with the responsibility reports
that cotton is now in short supply and
that we are not meeting minimum ex-
port demands. The report indicated
that Federal cotton programs are de-
signed to provide producer profits,
while the Congress has carefully writ-
ten programs to provide the differen-
tial between U.S. costs, including a
reasonable return on investment, and
the world price. To compound this
show of lack of knowledge of the crop
which will take the brunt of increased
costs and greater dangers in handling
substitutes, the administrator made
reference to "a per bushel subsidy" a
measurement which has never been
used for this commodity throughout
history. Due to the enormity of impact
of EPA's decisions on the citizens of
the country, it is essential that only
the very best qualified personnel be
available to the Agency. In recognition
of this need, the committee has pro-
vided funds for EPA to establish an
in-house formal training program for
scientific and technical personnel.
The committee directs the agencies
covered by this bill to include in their
budget justifications for next year de-
tailed descriptions of the actions they
have taken to assure that the selection
and training procedures of the Agen-
cy are of the caliber required to assure
that only qualified and objective per-
sons are placed in these responsible
positions.
[p. H6291]
INVESTIGATION OF THE ENVIRONMENTAL
PROTECTION AGENCY
This is now the second year the com-
mittee has had responsibility for fund-
ing the Environmental Protection
Agency. The committee questions whe-
ther the responsibilities and authori-
ties which have been delegated to the
Administrator of the Environmental
Protection Agency can be met by any
one person, and certainly not without
the advice, counsel and recommenda-
tions of highly trained advisory boards
in each of the major areas such as air,
water, solid waste, and so forth, com-
posed of qualified and objective scien-
tists who should conduct hearings
prior to conclusions or recommenda-
tions. Present difficulties have been
compounded still further by the fact
that the Agency was created from
many other agencies, and the difficul-
ties of molding these diverse groups
into one agency have been immense.
Finally, the Administrator has been
and will always be subjected to intense
outside pressure from groups on all
sides of the environmental issue. He
will always have to adjust to contin-
ually changing legislative authorities
which often go so far as to require
new actions, which to be sound, are
dependent upon new inventions or the
development of new technologies.
Given all these almost unprecedented
circumstances, there have inevitably
been some difficulties in the initial
formative periods of the Environ-
mental Protection Agency.
To enable the committee to better
understand how far we have come,
and how far we yet have to go, the
committee has directed the surveys
-------
STATUTES AND LEGISLATIVE HISTORY
2081
and investigations staff to undertake a
comprehensive examination of the En-
vironmental Protection Agency. This
investigation has already been under-
way for several months and, due to
its complexity, will require more time
to complete. The committee believes
that when completed the investigation
will provide a valuable source of addi-
tional information to assist the com-
mittee and the agency in the exercise
of their respective responsibilities.
AOENCY BUDGETS SHOULD FULLY REFLECT ALL
DOLLARS AND PERSONNEL AVAILABLE
The committee has become increas-
ingly disturbed by the failure of sev-
eral agencies to fully reflect the scope
of their programs in the budgets pre-
sented to the committee.
Last year, for example, the commit-
tee found that the Office of Consumer
Affairs had significant numbers of
personnel on detail from other agen-
cies. The committee provided funds to
directly finance the personnel in the
Office of Consumer Affairs budget.
This year the committee found that
while the Office of Consumer Affairs
was directly financing its personnel, it
was receiving additional dollars,
which were not reflected in the budget,
from other agencies.
In the Environmental Protection
Agency, the committee found that ap-
proximately 1,500 temporary employ-
ees are being employed. While these
positions were reflected in the budget,
they are nevertheless still somewhat
misleading as to the total work force
of the Agency.
The committee has included specific
recommendations in the body of the
report relating to the individual prob-
lems and will expect future budgets
of all agencies to clearly indicate all
personnel and dollars available to an
agency and the sources of these dollars
and personnel.
[p. H6292]
The question was taken; and there
were—yeas 345, nays 33, not voting
54, as follows:
[p. H6336]
So the bill passed.
1.17h(4)(b) July 27: Considered and passed Senate, amended,
pp. S12051-S12056, S12139-S12141
MIREX
Mr. NELSON. Mr. President, last
year I introduced an amendment to
delete from the agriculture appropria-
tions bill the $7.8 million in funds for
the continuation of the imported fire
ant control program. The reason for
the amendment was the potential en-
vironmental and health hazards of the
chemical used in this program—the
pesticide Mirex.
Although I am not proposing a sim-
ilar amendment this year, I feel that
the events and decisions of the past
year relating to Mirex are important
and should be outlined.
Most significant is the Environmen-
tal Protection Agency's recent order
on June 30, 1972 which restricts the
use of Mirex. The three major restric-
tions placed on its use are the follow-
ing: First, use of Mirex pesticides is
banned in all aquatic areas and heav-
ily forested areas; second, aerial ap-
plication of Mirex must be accom-
plished with calibrated equipment
capable of delivering the recommended
dosage. Another significant feature of
the order is the requirement for a
monitoring program for Hawaii,
which was granted an exception to the
ban on aerial spraying in coastal
counties. Hopefully this monitoring
-------
2082
LEGAL COMPILATION—GENERAL
program will be useful in gathering
much needed scientific data on the en-
vironmental effects of Mirex.
The administrative review process
which resulted in EPA's recent order
was started as a result of a March
18, 1971 order canceling registration
of the pesticide Mirex. This order was
appealed by Allied Chemical Corp. and
the review began. On March 1, 1972,
the Mirex Advisory Committee, a
panel of scientists established under
the provisions of the Federal Insecti-
cide, Fungicide, and Rodenticide Act,
reported its findings to EPA. I am
pleased to see that EPA followed these
recommendations in its final order.
Mr. President, I ask unanimous con-
sent that EPA's orders of March 18,
1971, May 3, 1972, and June 30, 1972
as well as the recommendations of the
Mirex Advisory Committee's report of
March 1, 1972 be placed in the RECORD
following my statement.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
(See exhibit 1.)
Mr. NELSON. Mr. President, in my
opinion, it is the final recommendation
of the Mirex Advisory Committee
which is the most important one and
which should be strictly followed:
Considerably more research on the possible
hazards of Mirex to man and his environment
must be conducted before the role of Mirex, as
a pesticide, can be accurately assessed. Chronic
toxicity, carcinogenicity, mutagrenicity, terato-
genicity and the metabolic fate of this com-
pound in multiple species should be further
studied. Additional work on the biological sta-
bility, persistence and routes of movement of
Mirex under field conditions is needed. Con-
tinued and expanded monitoring of key envi-
ronmental carriers and selected commercially
important species for Mirex residues should be
carried out with emphasis on the detection of
any significant contamination of the human
food chain. More thorough studies on the ef-
fects of Mirex on aquatic crustaceans are
needed, especially the monitoring of population
densities in the field. Greater effort should be
made to correlate laboratory and field research.
Increased research is to be encouraged for the
non-insecticidal control of the imported fire
ant.
Mr. President, this emphasis on re-
search and methods of biological con-
trol are precisely what I advocated
last year and continue to advocate
now. Certainly we should do every-
thing we can to avoid repeating the
old mistakes made with regard to
DDT and other pesticides and herbi-
cides when we freely used the chem-
icals only to find out later the danger-
ous consequences of such use. It is
time we began to examine the poten-
tial hazards of chemicals in other than
an ex post facto fashion.
Fortunately, both the USDA and
EPA are currently conducting re-
search on the use of Mirex. It is this
research which should proceed as rap-
idly as possible so that we may gain
the scientific facts needed to make an
intelligent policy judgment on Mirex.
I was pleased to note that the Mirex
Advisory Committee recommended an-
other position which was cited in my
arguments last year, namely, that ap-
plication of Mirex should be limited to
severely infested agricultural areas
and in areas where humans could be
highly exposed to the imported fire
ants. Certainly this recommendation is
all the more important given the fact
that the scientific data on Mirex is
far from complete.
The Mirex Advisory Committee men-
tioned some very important potential
hazards associated with the use of
Mirex, including the following: First,
the significance to the health of man
or his domestic animals of Mirex resi-
dues in edible food is unknown; sec-
ond, laboratory experiments have
shown toxic effects on juvenile crusta-
ceans exposed to low concentrations of
Mirex; third, monitoring studies have
indicated considerable Mirex residues
in invertebrates and vertebrates, es-
pecially those that are predaceous on
ants and other insects; fourth, Mirex
residues in aquatic sediments may be
of some biological importance because
of ingestion by crustaceans; fifth,
studies indicate that Mirex residues
are not degraded by biological sys-
-------
STATUTES AND LEGISLATIVE HISTORY
2083
terns; sixth, insufficient data are
available on most mammals for an
accurate evaluation of the acute toxic-
ity of Mirex; seventh, Mirex caused
significant reproductive effects in rats
when fed at relatively high levels;
eighth, Mirex has been demonstrated
to be tumorigenic to two strains of
mice; ninth, no conclusions can be
reached concerning the carcinogenicity
of Mirex for man until further study.
[p. S12051]
These potential hazards are quite
similar to those I mentioned in my
arguments last year. They deserve the
highest priority in the continuing re-
search on Mirex and they should make
us wary indeed of using this chemical
any more than is absolutely necessary.
It is reassuring to note that the
USDA has given up its goal of total
eradication of the fire ant, which is
probably impossible and would be en-
vironmentally disastrous in any event.
By 1969, the USDA had set its sights
on spraying 120 million acres in nine
southeastern States three times with
1.25 pounds of Mirex per acre per
treatment at a total cost of some $200
million—a Mirex broadside equivalent
to 2.22 pounds for every man, woman,
and child in the United States. Under
a barrage of criticism, the USDA now
says it has scaled down the number of
acres it intends to spray, although
more than 17 million acres are still
slated for the Mirex application by the
Agriculture Department in this year
alone and no totals are available for
the supposed new overall objective.
Mr. President, everyone concerned
agrees that there exists much too
much ignorance regarding the en-
vironmental effects of Mirex. Given the
lack of sufficient data on Mirex, it is
important that research on this sub-
stance be given the highest priority
and that EPA's restrictions on its use
be strictly adhered to.
EXHIBIT 1
MARCH 18, 1971.
Subject: Allied Chemical Fire Ant Bait, USDA
Reg. No. 218-495; Allied Chemical Fire
Ant Bait "150," USDA Reg. No. 218-516;
Allied Chemical 25% Mirex Special Con-
centrate, USDA Reg. No. 218-548; Allied
Chemical Mirex Granular Bait 2X, USDA
Reg. No. 218-564; Allied Chemical Mirex
Granular Bait 4X, USDA Keg. No. 218-
565, Allied Chemical 80% Mirex Technical
Concentrate, USDA Reg. No. 218-585; Al-
lied Chemical Harvester Ant Bait "300,"
USDA Reg. No. 218-586; Allied Chemical
Mirex Pelleted Bait "450," USDA Reg. No.
218-590; Allied Chemical A-C Mirex Pel-
leted Bait "450," USDA Reg. No. 218-628;
Allied Chemical Yellow Jacket Stopper,
USDA Keg. No. 218-633.
ALLIED CHEMICAL Co.,
Agricultural Division,
New York, N.Y.
GENTLEMEN: Scientists in the various pesti-
cide regulation programs of the Departments
of the Interior, Health, Education, and Wel-
fare, and Agriculture (Pesticides Regulation
Division), which are now consolidated in the
Environmental Protection Agency, have had
the insecticide mirex under review for time.
Data have been accumulating primarily from
tests in the laboratory, that raise serious ques-
tions about the possible effects of mirex on
human health and on animals.
Evidence available to this Agency at this
time does not allow us to determine how mirex
moves through the environment and whether or
not it is accumulating in man and wildlife. In
short, we cannot now determine to what ex-
tent the laboratory results are translatable to
man and wildlife in the environment. Never-
theless, the laboratory data do raise serious
questions about the safety of mirex.
On January 1, 1971, the United States Court
of Appeals for the District of Columbia Circuit
in the case of Environmental Defense Fund,
et al. v. William D. Ruckelshaus, Administra-
tor of the Environmental Protection Agency,
et al., held that the Federal Insecticide, Fun-
gicide, and Rodenticide Act requires the Agency
"to issue notices [of cancellation] and
thereby initiate the administrative process
whenever there is a substantial question about
the safety of a registered pesticide."
It has been determined that the laboratory
evidence concerning the effect of mirex on
animals raises a "substantial question" about
tha safety of continued use of pesticide prod-
ucts containing mirex. Accordingly, this Agency
has determined to commence the adminis-
trative process in order to resolve this question.
Therefore, in accordance with the provisions
of Section 4.c. of the Federal Insecticide, Fun-
gicide, and Rodenticide Act (7 U.S.C. 136b
(c)), it has been determined that all registra-
-------
2084
LEGAL COMPILATION—GENERAL
tions of the products referred to above should
be canceled for the reason that continued reg-
istration of these products is contrary to the
provisions of Section 2z(2) (c), 2z(2) (d), and
2z(2> (g) of the Act (7 U.S.C. 13B(z) (2) (c),
135(z) (2) (d), 135z(2)(g)). You are hereby
notified that the registrations of these products
are canceled, effective 30 days following receipt
of this notice, unless the procedures set forth
in Section 4.c. of the Act are invoked.
Sincerely,
LOWELL E. MILLER,
Acting Director.
[Before the Environmental Protection Agency,
In re: Allied Chemical Company, Petitioner]
DETERMINATION AND ORDER or THE
ADMINISTRATOR
This proceeding, which arises under Section
4.c. of the Federal Insecticide, Fungicide, and
Rodenticide Act (the FIFEA) (7 U.S.C. lS5b
(c)), involves a challenge by Allied Chemical
Co. to a notice canceling its registration of a
number of pesticides containing Mirex. For
the reasons that follow, I have determined to
issue the following order: the cancellation of
Allied Chemical's registrations is affirmed, but
those registrations will be reinstated if Allied
Chemical complies with the conditions outlined
herein.
A. On March 18, 1971, this Agency issued a
notice of cancellation of Allied's ten registra-
tions of pesticides containing Mirex for use
against the imported fire ant and certain other
insects. The grounds for cancellation were that
evidence, primarily from the laboratory, con-
cerning the effect of Mirex on human health
and- on animals raised serious questions about
the safety of continued use of pesticide prod-
ucts containing Mirex. The agency determined
to commence the administrative process in or-
der to resolve these questions. Accordingly, the
Agency canceled all registrations of products
containing Mirex on the grounds that contin-
ued registration of these products was con-
trary to the provisions of the Act (see 7
U.S.C. 135(z) (2) (c), (d) and (g)). Allied
Chemical chose to challenge the order by peti-
tioning, on April 16, 1971, for referral of the
matter to a scientific advisory committee (pur-
suant to 7 U.S.C. 135b(c)). The Advisory
Committee was appointed on September 24,
1971 and received the relevant data and its
charge on October 5, 1971. The Committee was
charged with considering and evaluating all
relevant scientific evidence concerning both
benefits and risks from the use of Mirex and,
based thereon, expressing: its opinion and rec-
ommendations. Specifically, with respect to
benefits, it was to consider, inter alia, (1) the
nature and extent of the problem posed by
the fire ant and other insects at issue; (2) the
effectiveness of the several types of control
measures which utilize Mirex; (S) the benefits
expected to be achieved by each such control
program, measured against the damage which
would occur if no control were undertaken;
and (4) the availability and effectiveness of,
and the hazards connected with, alternative
control measures. With respect to the hazards
associated with the several uses of Mirex, the
Committee was charged to consider, inter alia,
the nature, scope and possibility of occur-
rences of any (1) direct hazard to the user and
to the general public; (2) hazard to vegeta-
tion; (3) hazard to nontarget vertebrate and
invertebrate animals; and (4) hazard to the
environment generally. f
The Committee submitted its report on Feb-
ruary 4, 1972. With my approval, the Com-
mittee later submitted revisions of certain
statements which had inadvertently appeared
in the initial report as a result of the press
to meet the statutory time deadline. A revised
version of the report, dated March 1, 1972, and
containing, as an addendum, a letter from the
chairman explaining each of the revisions, has
been printed. Under the law, I am required
within 90 days of my receipt of the report to
"make [a] determination and issue an order,
with findings of fact, with respect to registra-
tion * * *." 7 U.S.C. 135b(c).
B. The Committee discussed in detail the
evidence pertaining to Mirex and, based there-
on, made a number of findings regarding
Mirex. Those findings are summarized below:
1. The imported fire ant, which infests more
than 126 million acres in nine Southern States,
is both a major nuisance pest because of its
sting and a health hazard due to dangers of
secondary infection and allergic reaction.
2. The imported fire ant is a minor agricul-
tural pest because the threat of its sting inter-
feres with hand labor on some crops and its
mounds may damage agricultural machinery.
3. The imported fire ant is an aggressive
predator to an unknown extent of both pests
ard beneficial species, and is also a scavenger.
4. Mirex bait is effective for fire ant control
to a degree correlated with the size of the area
treated and the number of applications. For
example, three applications at six-month In-
tsrvals virtually eliminated all mounds exposed
to treatment.
5. The goal which should be sought is con-
trol of the fire ants, through publicly spon-
sored programs involving application of Mirex
bait as needed, rather than total elimination of
the pest. The latter is not feasible, given the
financial and environmental problems involved.
6. Mirex baits provide highly effective and
comparatively selective control for a number
of other pests, including certain species of
ants, yellow jackets, and, indirectly aphids,
scale insects and mealy bugs.
7. The only effective alternatives to Mirex
for control of the fire ant are even more per-
-------
STATUTES AND LEGISLATIVE HISTORY
2085
sistent chlorinated hydrocarbons, e.g., chlor-
dane, aldrin, dieldrin, and heptachlor. Inas-
much as their effective dosage rates far ex-
ceed the rate used in Mirex bait, their sub-
stitution is inadvisable. No possible method
of biological control shows immediate promise.
8. No instance of acute Mirex poisoning of
humans has been reported in more than a
decade of use, nor is there any evidence of
damage to vegetation from the use of Mirex
bait.
9. Insufficient data are available on most
mammals for an accurate evaluation of Mirex
acute toxicity. No data are available on the
chronic toxicity of Mirex to experimental ani-
mals.
10. Mirex has caused significant reproductive
effects in rats when fed at relatively high
levels, but none when fed at rates likely to
occur in treated food or feed applied to con-
trol the fire ant.
11, Based on preliminary data, no metab-
olites or Mirex have been detected in rats.
Mirex is stored' in animal adipose tissue, and
[p. S12052]
appeals to have biological half life of at least
25 days.
12. Mirex has been demonstrated to be tu-
morigenic to mice at high dosages,
13. Insignificant residues of Mirex have been
detected in the human food chain in treated
areas.
14, Laboratory experiments have shown ex-
ceedingly toxic effects on juvenile crustaceans,
especially shrimp and crabs exposed to low
concentrations of Mirex, indicating the chemi-
cal presents a hazard to the aquatic environ-
ment.
15. Mirex residues in both soil and water in
areas of normal treatment are minimal, but
may have some biological importance in water
because of the probable ingestion of organic
detritus and other components by bottom
feeding crustaceans.
Based on its findings, the Committee made
recommendations which can be summarized
as follows: (1) Mirex registrations should be
continued with labeling restrictions to mini-
mize environmental contamination; (2) pub-
licly supported control programs should be
limited to infested areas where the imported
fire ant is a problem because of use by people
or interference with agricultural operations;
(3) where publicly sponsored programs are
unavailable [ non-aerial ] broadcast treatment
of lawns, pastures, schoolgrounds, parks, and
similar areas by individuals is recommended
instead of mound treatment; (4) more infor-
mation should be obtained in order to estab-
lish economic or nuisance threshold levels re-
quiring Mirex treatment as well as informa-
tion regarding rates of reinfestation and pop-
ulation recovery in areas receiving a single
bait treatment; and (5) more research should
be conducted on the possible hazards of Mirex
to man and his environment in order that the
role of Mirex as a pesticide may be accurately
assessed.
There is no basis in the data currently before
me to disregard these findings. Accordingly, I
accept the findings stated above and adopt
them as my own. I believe, however, that
additional discussion is in order inasmuch as
I have decided to depart in some degree from
the Committee's further recommendations.
The acute toxicity of Mirex to man is low.
Though Mirex is capable of being stored in
adipose tissue (as are DDT and other related
compounds), recent gas chromatograph anal-
yses of more than 700 adipose tissue samples
collected in 23 states showed that only 12
samples contained residues which could pos-
sibly have been Mirex. Those 12 were tenta-
tive identifications, and only 2 samples have
been confirmed as containing Mirex.
Sub-acute toxicity studies in rats and mice
have shown some evidence of chronicity and
reproductive effects but only at high dosage
levels. Mirex was clearly tumorigenic in one
experiment in mice; the results were compar-
able to those obtained from known carcinogens
used as positive controls. The Advisory Com-
mittee avoided referring to this as carcino-
genic because only one species of animal was
involved. With the essentially non-detectable
level of human exposure, the risk to man's
health must be considered very low in relation
to the benefits, particularly those relating to
human health, to be derived from use of Mirex.
Mirex is highly toxic to some species of
invertebrates, but is apparently very ]ow in
toxicity to other closely related species. Resi-
dues of Mirex have been found in some inver-
tebrates and vertebrates, especially those that
are predaceous on ants and other insects.
There have been some population declines
demonstrated in terrestrial invertebrates, most
of which apparently feed directly on the Mirex
bait. In spite of its persistence, troublesome
concentrations of Mirex are not apt to build
up in the terrestrial environment in the near
future because of the extremely small dosages
used (far less than one ounce per acre and
seldom more than one application per year).
On the other hand, Mirex is most apt to do
significant damage in the aquatic environment.
S.gnificant adverse effects to crustaceans have
resulted from laboratory exposure to Mirex.
In the wild, however, the lethal effects to some
aquatic species, such as the commercial blue
crab, are delayed so that such effects would be
d.fficult to discover in the natural environment.
Consequently, although troublesome concentra-
tions of Mirex have not yet been demonstrated
in the aquatic environment, the hazard to
aquatic organisms cannot be disregarded, par-
-------
2086
LEGAL COMPILATION—GENERAL
ticularly in view of the fact that Mirex is apt
to be recycled, especially in estuaries, and be-
cause of the sensitivity of some economically
important species of crustaceans to Mirex.
As a result of the potential threat to the
aquatic environment posed by Mirex, I am
naturally reluctant to permit distribution of
Mirex bait in a manner that might contami-
nate estuaries, lakes and streams. Those who
are familiar with aerial application techniques
believe that it is practical, by the use of
proper cut-off mechanisms and guidance sys-
tems in the aircraft, to avoid contamination
of streams and lakes in upland areas where
such aquatic environments cover a rather
small proportion of the land. Judicious use of
aerial application is preferable to hand dis-
tribution of bait, which often results in over-
treating obvious mounds but missing map-
parent young colonies with a resultant rapid
reinfestation.
At the same time, maximum caution must
be exercised to prevent damage to the aquatic
environment. All broadcast application, aerial
or otherwise, must be prohibited in coastal
counties or parishes and on or near rivers,
streams, lakes, ponds and other aquatic areas.
I also believe it necessary to restrict aerial or
other broadcast application in non-coastal, non-
aquatic areas to Federal, State, county, or
local authorities. Thus, I depart from the rec-
ommendation of the Advisory Committee that
non-aerial broadcast treatment by individuals
be authorized where publicly supported control
programs are unavailable. All broadcast treat-
ment by private individuals must be pro-
hibited.
By prohibiting: aerial application, I do not
wish to eliminate completely the use of Mirex
from coastal counties or parishes. Should we
do so, the homeowners, farmers, and others
affected by the ants would in all likelihood
apply heptachlor, dieldrin, or another chlori-
nated hydrocarbon as a control chemical. This
alternative could be worse from the standpoint
of environmental safety than would applica-
tions of Mirex. Therefore, I have determined
to authorize the private use of Mirex for appli-
cation on a mound-to-mound basis only.
For the foregoing reasons, the cancellation
of Allied Chemical's registrations is affirmed,
but the registrations will be reinstated upon
submission by Allied Chemical, and acceptance
by the Agency, of amended labeling which con-
forms to the conditions set forth in this deci-
sion,1 and submission by the company for a
two-year plan to monitor mirex in the envi-
ronment to insure that run-off, leaching: and
erosion of soil in mound-treated areas are not
resulting in aquatic contamination.
WILLIAM D. RUCKELSHAUS,
Administrator.
[Before the Environmental Protection Agency,
In re: Allied Chemical Corporation, Peti-
tioner}
DETERMINATION AND ORDER OP THE
ADMINISTRATOR ON MIREX
Pursuant to Section 4.c. of the Federal In-
secticide, Fungicide and Rodenticide Act (the
FIFRA) (7 U.S.C. 135b(c)), I issued my
Determination and Order, filed May 4, 1972,
canceling Allied Chemical Corporation's regis-
trations of pesticides containing Mirex, pro-
viding that such registrations would be rein-
stated if Allied Chemical complied with the
conditions outlined in the Determination and
Order. The Determination and Order was pub-
lished in the Federal Register on June 1, 1972
(3-7 Fed. Reg. 10987).
A. My May 3 Order limiting private use
of Mirex to mound-to-mound treatment re>-
s ul ted from my concern that unrestricted
amounts of Mirex should no longer be allowed
to contaminate the environment. Based on
the information then before me, I determined
that restricting use to the mound-to-mound
application method was the best solution to
the problem. Subsequent to the filing and pub-
lishing of the Determination and Order of the
Administrator on Mirex, Allied Chemical Cor-
poration submitted information to me which
showed that ground application equipment can
be calibrated to deliver the dosages recom-
mended on the labels of Mirex pesticides.
Based on this information and the recom-
mendation of the Mirex Advisory Committee
to minimize environmental contamination, I
am persuaded that so long as only equipment
which can be calibrated to deliver the recom-
mended label dosages is used, ground broad-
cast treatment with Mirex baits by private
persons should be authorized.
B. The U.S. Department of Agriculture has
represented to this Agency that it is engaged
in a comprehensive pesticides monitoring
program. The Agency does not believe a fur-
ther monitoring program is necessary at this
time. I have, therefore, lifted the require-
ment that, as a precondition to reinstate-
ment of its registrations, Allied Chemical
1 The evidence presently available indicates
that the hazard to aquatic organisms from
current use of Mirex in aquatic areas does
not approach the "imminent" stage. In other
words, I am not faced with a highly danger-
ous situation which needs to be corrected
immediately, prior to the completion of the
cancellation proceedings. Consequently, I have
no reason to suspend aquatic use immediately.
Instead, I am merely canceling the aquatic
use. Under the FIFRA, this cancellation order
-------
STATUTES AND LEGISLATIVE HISTORY
2087
is not effective until, at the earliest, the
expiration of the 60 days allowed for the
filing of an administrative appeal from this
decision. Thus, even if Allied does not appeal
from this decision, it will have 60 days to
conform its labeling to the newly imposed
conditions.
[p. S12053]
submit a monitoring program for the South-
east United States.
C. Allied Chemical Corporation has sub-
mitted to this Agency amended labels for the
registrations which were canceled by my Or-
der of May 3, 1972. These new labels, for reg-
istrations 218-495, -516, -564, -565, -586, -590,
-628, and -638 have been accepted by the
Pesticides Regulation Division of the Agency.
Those amended labels conform to the condi-
tions set forth in the May 3 Determination
and- Order. Thus, as I stated in that Order,
I am herewith determining to reinstate those
registrations.
D. A petition for a Stay of the May 3 Or-
der has been submitted to me by Allied
Chemical Corporation. The stay is requested
only with respect to that provision of the
Order which would prohibit aerial spraying
of the product registered as number 218-586
in Hawaii. This product is used on pineapples
in Hawaii to control mealy bug wilt. Accord-
ing to the petition, the spraying season for
control of this pest, which can devastate
pineapple crops, is the period from August
through October.
In keeping with this Agency's policy of try-
ing to avoid disruption of a growing season
and in view of the fact that treatment with
Mirex has been incorporated in the plans of
the pineapple growers for this season, the ef-
fect of the order is stayed through the 1972
spraying season, that is, only the period
August through October. C/. In Re Stevens,
I.F.&R. 63 (June 14, 1972). Since the stay will
result in aerial application of Mirex in coastal
counties, I am requiring a monitoring pro-
gram for Hawaii.
This stay does not lift final cancellation.
Any such action could only be undertaken
upon receipt of a petition for reconsidera-
tion and a full review of the question on the
merits.
II
Order
All application, aerial or otherwise, of
Mirex pesticides is prohibited on or near
estuaries, rivers, streams, lakes, swamps,
ponds, other aquatic areas, and heavily for-
ested areas. Ground broadcast application of
registered Mirex pesticides by private per-
sons is prohibited in all other areas unless
such application is accomplished with ground
application equipment which can be calibrated
to deliver the recommended label dosages.
Allied Chemical Corporation is no longer
required to submit a plan to monitor Mirex
in the environment, in addition to meeting
the other conditions as set forth in the
May 3 Order.
The amended labeling submitted by Allied
Chemical for its registered Mirex pesticides
conforms to the conditions set forth in the
May 3 Determination and Order, and I
accept such labeling as being in conformity
therewith. Therefore, all of Allied Chemical
Corporation's registrations of Mirex pesti-
cid-es, with the new labels, are reinstated.
The petition for a stay of the Order of May
3, insofar as that order prohibits aerial ap-
plication of registration 218-586 in Hawaii,
is granted for the 1972 spraying season, con-
ditioned upon a monitoring program, which
has been approved by this Agency.
All other provisions and restrictions of the
May 3 Determination and Order remain in full
force and effect.
WILLIAM D. RUCKELSHAUS,
A dm inistfa tor.
RECOMMENDATIONS OF MIREX ADVISORY
COMMITTEE
1. The registration of products containing
Mirex should be continued with labeling
restrictions to minimize environmental con-
tamination.
2. Publicly supported control programs
should be limited to Mirex application,
according to need based on pest population
assessment, to infested areas where the im-
ported fire ant is a problem because of use
by people or interference with agricultural
operations. Estuaries and other aquatic
habitats, wildlife refuges, and heavily
forested areas should not be treated,
3. Where publicly sponsored programs are
unavailable, broadcast treatment of lawns,
pastures, schoolgrounds, parks, and similar
areas by individuals is recommended instead
of mound treatment. Educational programs
should instruct infested property owners as
to how Mirex can he applied for the most
effective control of the imported fire ant with
minimal environmental contamination.
4. To implement control programs, much
more information is needed to establish eco-
nomic or nuisance threshold levels requiring
Mirex treatment as well as on rates of rein-
festation and population recovery in areas
receiving a single bait treatment.
5. Considerably more research on the pos-
sible hazards of Mirex to man and his en-
vironment must be conducted before the role
of Mirex, as a pesticide, can be accurately
assessed. Chronic toxicity, carcinogenicity,
mutagenicity, teratogenicity and the meta-
-------
2088
LEGAL COMPILATION—GENERAL
bolic fate of this compound in multiple
species should be further studied. Additional
work on the biological stability, persistence
and routes of movement of Mirex under field
conditions is needed. Continued and ex-
panded monitoring of key environmental
carriers and selected commercially important
species for Mirex residues should be carried
out with emphasis on the detection of any
significant contamination of the human food
chain. More thorough studies on the effects
of Mirex on aquatic crustaceans are needed,
especially the monitoring of population
densities in the field. Greater effort should be
made to correlate laboratory and field re-
search. Increased research is to be encouraged
for the non-insecticidal control of the im-
ported fire ant.
Respectfully submitted,
C. H. VAN MIDDELEM, Ph.D.,
Chairman.
[p. S12054]
Mr. BOGGS. Mr. President, I wish
to express my support for this legis-
lation, H.R. 15690. It will provide the
funds necessary for many essential,
ongoing programs as well as new ini-
tiatives to improving our agricultural
lands, our environment and to protect
American consumers.
Many of the important aspects of
the bill have been discussed already
by my colleagues. I would like to com-
ment on a few items, which also have
significance.
The Appropriations Committee has
recommended a $15,000,000 increase
above the House figure for demonstra-
ting in fiscal 1973 new waste recycling
systems that would reduce pollution.
The admendment would provide
enough money to construct a variety
of resource recovery systems around
the Nation, converting trash to reus-
able materials, under section 208 of
the Solid Waste Disposal Act.
It is my hope that this appropria-
tion will assure the availability of
sufficient Federal funds to demon-
strate a broad variety of recycling
concepts at locations around the Na-
tion.
The President's budget did not re-
quest funds for this recycling program
for fiscal 1973. The budget planned to
use the $15,000,000 appropriated last
year over the 2-year period, with all
of the grants to be made in fiscal 1973.
The committee found that this sum
was totally inadequate to meet the
needs of the Nation. The House agreed,
adding $15,000,000 for fiscal year 1973.
With the additional money recom-
mended by the Senate committee,
$45,000,000 would be available, includ-
ing the carryover funds, to initiate
the program this year.
When the Congress approved the
Resource Recovery Act of 1970, it
authorized $80,000,000 for fiscal 1972
and $140,000,000 for fiscal 1973 for
this vital section 208 program demon-
strating new recycling systems.
The creation of effective answers to
our recycling needs, I believe, will save
the Nation many times this cost in
materials saved and pollution pre-
vented.
Further, I would like to point out
language in the Senate report on the
committee's evaluation of the thrust
of the section 208 program. It reads:
The Committee recommends an additional
$15,000,000 for Section 208 resource recovery
demonstration projects. The Committee be-
lieves it is important that a wide range of
new systems be demonstrated under this
program. While energy recovery systems are
important and need to be investigated, the
Committee believes it is vital that EPA also
approve systems recovering a full range of
reusable materials from solid wastes, including
humus.
This paragraph, I believe, reflects a
sound approach to the section 208
program.
Mr. President, I urge the Senate to
support the committee's recommenda-
tion on funding of the EPA resource
recovery program.
The bill contains many other impor-
tant features. It provides $1.9 billion
in grants for sewage treatment plants,
a sum that may be altered at some
future date with completion of the
conference on S. 2770.
The bill provides $500,000,000 in
-------
STATUTES AND LEGISLATIVE HISTORY
2089
grants for construction of water sys-
tems and sewer lines, plus $350,000,000
in operat-
[p. S12055]
ing loans to farmers through the
Farmers Home Administration.
[p. S12056]
Mr. TUNNEY. Mr. President, in
giving my approval to that section of
this appropriation measure which in-
volves the Environmental Protection
Agency, I wish to draw the attention
of my colleagues to some months of
correspondence I have had with EPA
on the subject of its failure to renew
a research and training grant to the
Pacific Southwest Universities Air
Pollution Association—PSUAPA.
The association is, as its name
implies, a consortium of four major
universities in southern California
working to develop and conduct educa-
tional, informational and training pro-
grams aimed at air pollution control.
Interestingly enough, the consor-
tium was established at EPA's speci-
fic request. The purpose of the pro-
gram is to provide direct assistance
and information to air pollution con-
trol agencies, including EPA, the
legislature and the general public.
Special effort is made toward pro-
viding assistance to air pollution con-
trol agencies, including EPA, the
legislature and the general public.
Thus, the consortium's programs are
action-oriented and designed for im-
mediate impact in California, where
air pollution problems are so aggra-
vated. In its first full year of opera-
tion, the consortium compiled an im-
pressive record of achievements. These
include numerous publications, semi-
nars for legislators, exciting com-
munity service and formal university
education programs, scientific and
administrative training programs, and
many others.
Despite assurances from EPA to the
contrary, the consortium was informed
on April 13, 1972 by EPA's Office of
Air Programs that its operating grant
would not be renewed, due to budget-
ary limitations. This information
came as a complete surprise to the
directors of the consortium and to the
many who have relied on its programs
in its first year.
[p. S12139]
In my subsequent correspondence
with EPA, and with my distinguished
colleague, the chairman of the Appro-
priations Subcommittee on Agricul-
ture, Environmental and Consumer
Protection (Mr. McGEE), I pointed
out that EPA's own budgetary request
for research and training had been
decreased by some $3 million over the
fiscal 1972 level—and this despite the
fact that air pollution problems re-
mained crucial throughout the country
and especially in southern California.
Senator McGEE's subcommittee re-
sponded favorably to my request, in-
cluding in the bill $3 million to allow
continuation of the research and train-
ing programs at the fiscal year 1972
level. Immediately after the subcom-
mittee's action, in a personal meeting
with EPA Administrator Ruckelshaus
in my office, I stated that I had every
anticipation that EPA would be man-
dated by the congressional appropria-
tion to fund research and training
programs at the fiscal year 1972 level.
Since the consortium's contribution
has been outstanding and essential to
the needs of California, I stated that
I could see no excuse for EPA's fail-
ure to renew the grant as soon as the
additional funds are released. Mr.
Ruckelshaus assured me that he would
personally look into the matter and
subsequent communications between
our staffs have contributed to my ex-
pectation that the renewal will and
must be forthcoming. It would be a
profound disappointment to a great
many people in this country if EPA—
which has recently shown such vigor-
-------
2090
LEGAL COMPILATION—GENERAL
ous leadership in the fight to curb air
pollution—were to fail now to carry
out its clear mandate.
I ask unanimous consent to insert in
the RECORD at this point the relevant
correspondence on this subject.
There being no objection, the ma-
terial was ordered to be printed in the
RECORD, as follows:
ENVIRONMENTAL PROTECTION AOENCY,
Research Triangle Park, N.C., April IS. 1972.
Dr. JAMES N. PITTS, Jr.,
Director, Statewide Air Pollution Research
Center, University of California, Riverside.
Riverside, Calif.
DEAR rm. PITTS: This is to acknowledge
receipt of your renewal proposal for the
Pacific Southwest Universities Air Pollution
Association. We sincerely regret to inform you
that we are unable to consider support of
your proposal at the present time due to
budgetary limitations for Fiscal Year 1972
and 1973.
Please be advised that this decision is not
based upon the scientific merit and/or tech-
nical quality of your proposal. Further, this
action will in no way influence the review of
future proposals you may wish to submit.
Sincerely yours,
BONNIE E. TOWNSEND,
Extramural Programs Section, Special
Projects Branch, Manpower Develop-
ment Staff.
APRIL 28, 1972.
Hon. GALE McGEE,
U.S. Senator,
Washington. D.C.
Attention: Dudley D. Miles.
DEAR GALE: I am advised that the Environ-
mental Protection Agency notified the Pa-
cific Southwest Universities Air Pollution As-
sociation on April 13, 1972, that it will not
support the Association's renewal proposal
due to budgetary limitations for FY 1972
and 1973. According to EPA's letter, a copy
of -which I attach, the decision was not based
on the scientific merit or technical quality
of the Association's proposal.
The Association is a consortium of public
and private universities in California which
was formed at the request of the National
Air Pollution Control Agency and is just
completing its first full year of operation.
Its success is shown by the attached sum-
mary of accomplishments and by the fact
that the Universities of Arizona and Nevada
were to join the consortium this year.
According to my information, the Associa-
tion has been told by EPA that it could
anticipate in excess of $800,000 for FY 197S,
and EPA's failure to renew conies as a com-
plete surprise.
I am aware that EPA appeared before your
Subcommittee to request $1.2 million less in
FY 1973 than it had requested in FY 1972.
EPA stated in its budget request that grants
to universities to support air pollution con-
trol training programs are being scaled down
in 1973 in keeping with an agency policy to
direct funds to other programs.
I am most disturbed that at the very
moment when research on the subject of air
pollution is urgently needed, EPA is cutting
back its support of education and training
on such a massive scale. The decision is being
made apparently without knowledge of appre-
ciation of the merits of the programs affected.
I hope that it will be possible for you to
restore $1.2 million to EPA's budget in order
to sustain it at its FY 1972 level, and to ear-
mark $800,000 of this increase for the Pa-
cific Southwest Universities Air Pollution
Association in order that it can continue its
work for the people of California, Nevada and
Arizona.
I would be happy to supply you with any
additional information on the activities of
the Association if you should so require. In-
quiries in this regard should be brought to
the attention of Jane Frank, my legislative
assistant.
Best regards,
JOHN V. TUNNEY,
V.S. Senator.
MARCH 20, 1972.
HON. WILLIAM D. EUCKELSHAUS,
Administrator, Environmental Protection
Agency, Washington, D.C.
DEAR MR. RUCKELSHAUS: I have just
learned that a number of research grants
made by the Office of Air Programs to the
University of California to conduct air pol-
lution research are being terminated for
lack of funds.
These grants—involving several million
dollars—were planned as multi-year awards
and their sudden termination will not only
interrupt research in the environmental
problems important to the people of Cali-
fornia but also cause considerable hardship
to the personnel directly involved.
This most disturbing news comes immedi-
ately on the heels of the President's message
to the Congress calling for the expansion of
science and technology efforts of the United
States to improve the quality of life.
I have also been advised that the Office of
Air Programs does not plan to renew the
funding of the Pacific Southwest Universities
Air Pollution Association consortium. This
group was established at the request of your
agency and has proved so successful that uni-
-------
STATUTES AND LEGISLATIVE HISTORY
2091
versities in Arizona and Nevada have applied
to join the three California universities wl.ich
have commenced an outstanding air pollution
research program.
I attack information concerning- specific
grants that are affected at the University of
California Riverside Campus. There may also
be grants affected at other California cam-
puses. I hope that you will review the ac-
tions of the Office for Air Programs and re-
instate the grants previously made to the
University of California.
I look forward to your early reply.
Sincerely,
JOHN V. TUNNEY,
V.S. Senator.
U.S. SENATE,
COMMITTEE OF PUBLIC WORKS,
Washington, D.C.9 May 8, 1972.
HON. WILLIAM D. RUCXELSHAUS,
Administrator, Environmental Protection
Agency, Washington, D.C.
DEAR BILL: On March 20, 1972, I wrote you
concerning- the termination of a number of
research grants made by the Office of Air
Programs to the University of California to
conduct air pollution research. I attach a
copy of my letter and its attachment which
lists the grants involved.
I have not yet received a response from
you on this matter. I have made further in-
quiries and am informed that the following
grants, which were included in the attach-
ment to my March 20 letter, have still not
come through:
Fukuto, "Chemistry & Mode of Action of
Insecticides," EP 00806-15;
Mudd, "Biochemical Effects of Air Pollu-
tion Oxidants," AP 00071-10;
Fukuto, "Environmental Sciences," ES
00084-05;
Shorey, "Behavior Control of Insects by
Pheromones," EP GM 00873-09.
In addition, on April 13, another circum-
stance mentioned in my letter of March 20
came to pass: the Pacific Southwest Univer-
sities Air Pollution Association was notified
by EPA that its renewal proposal was turned
down due to budgetary limitations for FY
72 and 73.
As you know, the Association is a consor-
tium of public and private universities in
California which was formed at the request
of the National Air Pollution Control Agency.
After a year and a half of planning, it is
just completing its first full year of operation.
Its success is shown by the attached sum-
mary of accomplishments and by the fact
that the Universities of Arizona and Nevada
were to join the consortium this year. Ac-
cording to my information, the consortium
had been told by EPA that it could antici-
pate in excess of $800,000 for FY 73, and
EPA's failure to renew comes as a complete
urprise.
I am certain that you realize my concern
vith these various cutbacks in pollution re-
soarch at a time when rapid progress is so
•gently needed. I do not understand why
EPA, in its budgetary request to the Con-
gress for FY 73, requested $1.2 million less
than it had requested in FY 72.
Your prompt response to this inquiry
•ould be most appreciated.
Sincerely,
JOHN V. TUNNEY,
U.S. Senator.
ENVIRONMENTAL PROTECTION AGENCY
Washington, D.C., May Łff. 1972.
Hon. JOHN V. TUNNEY,
U.S. Senate,
Washington, D.C.
DEAR SENATOR TUNNEY: This is in response
to your letter of May 8, 1972, regarding a
number of proposals for research grants sub-
mitted by the University of California, River-
side. Enclosed is a copy of our April 26, 1972,
eply to your earlier letter dealing with the
same grants. There are only two changes
that have developed in the interim. Pro-
posals 800890 for C. Ray Tompson and 800870
for Lawrence Ordin have been mailed their
notices of grant awards.
Your concern for certain proposed cut-
backs in the Environmental Protection
Agency's (EPA) budgetary request to Con-
gress is appreciated. EPA, on an Agency-wide
basis, has proposed a reduction in its train-
ing grants program in fiscal year 1973 from
[p. S12140]
$10.4 million to $7.4 mill:on. This proposal
was made on the basis of a recent evaluation
of the program which revealed that:
a. There is little evidence to support the
commonly held view that there is a vast gap
between the demand for trained environ-
mentalists and the number of qualified ap-
plicants available for envii'onrnental jobs.
b. Many more universities now offer gradu-
ate training programs in the environment,
and more students are currently entering
these fields than in the past.
c. Most EPA grant programs have matured
and thus are in less need of support than
new programs which require substantial "seed
money" to sustain them through the first few
;ears of the grant.
Therefore, it is generally felt that the
stimulus of a larger EPA training grant pro-
gram is less needed now than in the past,
and such a program is of somewhat lower
priority than other pressing needs within
the EPA 1973 budget totals.
EPA has made no final decisions on how
the $3.0 reduction will be absorbed. We esti-
mate, however, that most existing grants
-------
2092
LEGAL COMPILATION—GENERAL
will continue to be funded through at lower
levels of support. We anticipate that the
effect of those reductions will not substantially
reduce the supply of EPA funded graduates.
Your interest in this matter is appreciated.
Sincerely yours,
WILLIAM D. RUCKELSHAUS,
A dministrator.
APRIL 25, 1972.
Hon. JOHN V. TUNNEY,
U.S. Senate,
Washington, D.C.
DEAR SENATOR TUNNEY: The Administrator
has requested that our office reply to your
letter of March 20, 1972, regarding a number
of proposals for research grants submitted by
the University of California, Riverside.
In checking the status of these proposals
we found:
AP00830-04 (new EPA number 800868),
Edgar R. Stephens, "Formation of Photo-
chemical Aerosols," $43,519.00 was placed on
the award notice list in Grants Information
Branch on March 30, 1972.
AP00071-10 (new EPA number 800684), for
John R. Mudd, "Biochemical Effects of Air
Pollutants Oxidants," $42,601.00, was mailed
an award notice on January 26, 1972, to cover
grant period from September 1, 1971, through
August 31, 1972. Mr. Mudd was informed on
February 29, 1972 that after August »1, 1972,
support of his work would be terminated.
This was done to enable him to have time
to obtain funding from other sources.
ES0084-05, T. Roy Fukuto, "Environmental
Sciences," $1,081,035.00, is administered by
the National Institutes of Health.
AP01407-02 (new EPA number 80089C) C.
Ray Thompson, "Effects of Peroxyacetyl Ni-
trate on Orange Trees," $43,779; AP00568-06,
Ellis F. Barley, "Characteristics of Smoke
from Cellulosic Fuels," $41,155; AP0213-10
(new EPA number 800870), Lawrence Ordin,
"Effects of Air Pollutants on Cell Growth,"
$112,607 have all completed technical review
and are now in final processing.
AP00771-05 (new EPA number 801156),
James N. Pitts, Jr. "Singlet Molecular Oxy-
gen Oxidation in Polluted Air $56,892, was
received by Grants Administration on March
3, 1972, and has now been sent to the proper
program element manager to begin review.
The other grant applications are still un-
der review or administrative processing and
have not officially been approved or disap-
proved.
Regretfully, there has been no further
change in the status of the Pacific Southwest
Universities Air Pollution Association con-
sortium, whose funding had to be terminated
for fiscal year 1973 due to budgetary
restraints.
Sincerely yours,
THOMAS E. CARROLL,
Assistant Administrator for Plannino
and Management.
U.S. SENATE,
COMMITTEE ON PUBLIC WORKS,
Washington, D.C., May 26, 197i.
Hon. WILLIAM D. RUCKELSHAUS,
Administrator, Environmental Protection
Agency,
Washington, D.C.
DEAR BILL: You will recall our colloquy at
the Air and Water Pollution Subcommittee
hearing last Monday concerning EPA's fail-
ure to respond to two of my letters on the
subject of cutbacks of air pollution research
grants to California.
Subsequently, your office has informed me
that the letters were answered, and has sup-
plied me with a letter which is date-stamped
May 25 and a retyped copy of a letter on
which the date of April 25 is typed by what
clearly appears as a different typewriter from
the one used for the body of the letter.
My office never received the original of
the April 25 letter. While I have no desire
to be petty about this affair, it would seem
that the difference in the typewriters
coupled with the fact that I never received
the original would indicate that it may well
never have been sent.
Whatever the true circumstances may be,
neither response gives any explanation of
EPA's failure to renew the grant to the
Pacific Southwest Consortium. Rather, your
answer only repeats what I stated to you in
my letter—that the cut was due to bud-
getary limitations.
In view of EPA's prior indications to the
Consortium that the grant would be renewed,
and the considerable success of the project and
its obvious need in the Pacific southwest where
air pollution is worse than anywhere in the
nation, I am not satisfied that your office has
given any serious consideration to the effects
of its action.
As I stated at Monday's hearing, I will
ask for increased appropriations for this and
other vital projects if EPA is unwilling or
otherwise unable to encourage and sustain
such needed efforts. The sadness is, of course,
the EPA itself suffers a loss of prestige and
effectiveness when it fails to deal adequately
with these problems.
Sincerely yours,
JOHN V. TUNNEY. U.S. Senator.
-------
STATUTES AND LEGISLATIVE HISTORY
2093
U.S. SENATE,
COMMITTEE ON PUBLIC WORKS,
Washington, D.C., July 14, 1972.
Hon. GALE MCGEE,
Chairman, Subcommittee on Agriculture,
Environmental and Consumers Protec-
tion, Committee on Appropriations, U.S.
Senate, Washington, D.C.
DEAR GALE: You will recall that I wrote
you on April 28 concerning EPA's refusal to
renew its grant to the Pacific Southwest
Universities Air Pollution Association. I urged
that you restore $1.2 million to EPA's budget
in ord«r to sustain it at its FY 1972 level,
and that you earmark $800,000 of th.s mone^
for the Consortium.
I am aware that your subcommittee is
taking up the EPA appropriations issue just
after the recess, and my staff has been assured
by Dudley Miles that my request is included
in the record and will be given every con-
sideration. So that your files on this matter
will be complete, I enclose copies of my
correspondence with EPA on this issue as
well as new details respecting the Consortium's
accomplishments in its first successful year.
Please contact me or my office if we can be
of further help on this matter. Jane Frank,
my legislative assistant, is fully conversant
with the issues.
Sincerely,
JOHN V. TUNNEY,
U.S. Senator.
U.S. SENATE,
COMMITTEE ON PUBLIC WORKS,
Washington, D.C., July 26, 19T2.
Hon. WILLIAM D. EUCKELSHAUS, Jr.,
Administrator, Environmental Protection
Agency, Washington, D.C,
DEAR BILL: In our meeting yesterday, you
will recall that I reiterated my strong belief
that EPA should immediately renew the air
pollution control training and research pro-
gram of the Pacific Southwest Consortium
in California.
The Senate Appropriations Committee has,
as you know, reinstated the full $3 million
deleted from the EPA's own budgetary re-
quest for research and training grants for FY
1973. Thus, the Agency has been mandated
to proceed with its training programs at the
1972 level. I am advised by the Committee
staff that the report on the bill has been
prepared and that this measure may reach
the floor as early as tomorrow afternoon. As
I stated yesterday, I fully expect the Senate
to confirm the Committee's decision in this
regard.
Once the funds are made available, I can
see absolutely no excuse for failing to renew
the grant for the Consortium. As I have
stated several times in my previous three
letters to you on this matter, I am vitally
concerned that the important work being
done by the Consortium be allowed to con-
tinue. I enclose copies of that correspondence,
along with my exchanges with Senator McGee
and the Consortium on this matter. I call your
special attention to the Consortium's achieve-
ments in its first full year of operations. These
include numerous publications, exciting com-
munity service and formal university education
programs, scientific and administrative train-
ing programs, and many others. It is an
impressive record indeed.
I appreciate your prompt personal atten-
tion to this matter, and look forward to
hearing from you.
Sincerely,
JOHN v. TUNNEY,
U.S. Senator.
[p. S12141]
1.17b(4)(c) Aug. 9: House and Senate agreed to conference
report, pp. H7387-H7389, H3795, H7396-H7397, S13161-S13162
CONFERENCE REPORT ON H.R.
15690, AGRICULTURE ENVI-
RONMENTAL AND CONSUMER
RONMENTAL APPROPRIA-
TIONS, 1973
Mr. WRITTEN. Mr. Speaker, I call
up the conference report on the bill
(H.R. 15690) making appropriations
for agriculture-environmental and con-
sumer protection programs for the
fiscal year ending June 30, 1973, and
for other purposes, and ask unanimous
consent that the statement of the
managers be read in lieu of the report.
The Clerk read the title of the bill.
The SPEAKER. Is there objection
to the request of the gentleman from
Mississippi?
There was no objection.
The Clerk read the statement.
(For conference report and statement, see
proceedings of the House of August 2, 1972.)
The SPEAKER. The gentleman
-------
2094
LEGAL COMPILATION—GENERAL
from Mississippi (Mr. WRITTEN) is
recognized.
Mr. WRITTEN. Mr. Speaker, we
are here first, today, by reason of the
kindness of the leadership and of my
colleague on the Committee on Appro-
priations. Our colleague in the Senate
who is my counterpart has an engage-
ment which requires him to leave the
country late this afternoon. I appre-
ciate very much all those cooperating
so that we might bring this conference
report to your attention early.
In bringing this conference report
to the House, I call attention once
again to the fact that this subcommit-
tee now has jurisdiction over quite a
big segment of the national budget.
I shall not take up much time be-
cause we wrote a rather thorough re-
port on this bill prior to when it
passed the House. The other body
likewise wrote a thorough report. I
think all of the matters in the bill
have been carefully explained.
There are several things I think it
might be well to remember, for exam-
ple, while we have created the En-
vironmental Protection Agency—a
comparatively new agency—as early
as 1963, the Agricultural Yearbook
recognized the need for paying atten-
tion to man's impact on his environ-
ment and the need for doing many of
the things that are being done through
that agency.
In addition, this committee handles
consumer protection. Certainly all
Members are aware of the efforts
made by the Congress at the recom-
mendation of this subcommittee on
meat inspection and the thousand and
one things that go toward giving fine
food to the American consumer.
Also included in this bill is the Pood
and Drug Administration. The com-
mittee this year had an investigation
to see what might be done to help this
agency. This was reported to that
agency and we went over it with Dr.
Edwards and we feel the $39.4' million
increase we are making in this bill
will speed up that degree of protection
that that agency gives to the Ameri-
can people all the time.
We also have the Federal Trade
Commission with its responsibilities
for keeping fair competition and the
riding herd on many of the activities
in our form of business to see that
competition is fair and open.
Here, too, we had an investigation
and we made our recommendations to
the chairman and we had cooperation
in each of those instances with the
committee. Here again we saw the
need to add $2.1 million above the
budget.
In the Environmental Protection
Agency, we found that this new
agency has not really gone through
its shakedown period. We found, as
we pointed out in our earlier report
when the bill passed the House, that
in many areas it appeared to the com-
mittee that they do not have experts
who are trained to make these impor-
tant decisions.
In many instances, as we there
enumerated, we find substitutes re-
quired which had nothing like the de-
gree of testing that the original has
had which may be outlawed or pro-
hibited by this agency.
In this bill by far the greater part
of the money that is provided goes to
related or other activities rather than
actual operation of the Department of
Agriculture. In fact, the operation of
the Department of Agriculture proper
is $1,247,717,200. In addition $4,057,-
952,000 is chargeable in the final table
to the Commodity Credit Corporation
and $895,000,000 is chargeable to our
export activities under Public Law 480.
Beyond the general and widespread
impact of this bill I must again point
out that if we did not have agriculture
and those who are engaged in agricul-
ture—if we did not have any food—
then there would be no Environmental
Protection Agency and there would be
no work for it to do.
If the American people did not pro-
-------
STATUTES AND LEGISLATIVE HISTORY
2095
duce food and maintain a healthy
agriculture, industry and labor would
lose their best market. If it were not
for the relative few, about 5 percent,
and their work in the field of produc-
tion for the American consumer, we
would have no need for the Federal
Trade Commission, because there
would not be any money with which
to buy. Nor would there be a need for
the Food and Drug Administration
because there would be no food to in-
spect. Behind it all is the necessity to
keep that small group of agricultural
producers in business so that we will
have something to regulate, some-
thing to inspect, something to buy—
in other words, our whole economy. It
ties right back to the protection of
agriculture, and while we have dealt
with these other agencies and tried to
take the actions that would help them
best to do their jobs, we must not ever
lose sight—and your committee has
not lost sight—that it is all tied to
healthy agriculture, healthy not only
in terms of the economy, but to enable
them to continue and improve their
way of life at home on the farm and
not crowded into big cities.
One of the saddest things from one
point of view, and one of the most
dangerous things viewed from an-
other, is the fact that those on the
farm continue to leave at the rate of
400,000 annually. If they ever all leave
the farm—and there is no law yet
that requires them to stay there—we
are all going to feel it.
We bring you a bill that we think is
well balanced and in the best interests
of the country.
In many areas as you have to do in
conferences, we have agreed with the
other body to split differences to keep
some items, to go along with other
items and to reduce certain items. In
order that we might be sure that
nothing was done in the temper of the
times and the mood of the Congress to
jeopardize the food and fiber of this
Nation, the conference, in my opinion,
took a real sound action. I should like
to read to you the last statement in
our conference report:
The conferees agree that any additional
expenditures which result from new obliga-
tional authority authorized in this bill should
be in addition to any outlay limita-
[p. H7387]
tion currently or hereafter imposed on the
Department of Agriculture and under no con-
ditions should reduce current levels of ex-
penditures for authorized programs.
In other words, the increases that
circumstances required us to agree
to, or perhaps required us to include
in the first instance, shall not be taken
out of existing levels of agricultural
operations. I think that is essential;
otherwise some of these consumer pro-
grams in which we all believe might
in turn dry up the source of that
which we consume.
TITLE III—ENVIRONMENTAL PROGRAMS
The major increases above the bud-
get for environmental programs in-
cluded in the bill are:
An increase of $3 million for train-
ing grants and fellowships for the
Environmental Protection Agency to
restore the program to its 1972 level;
$15 million for solid waste demon-
stration grants as authorized by sec-
tion 208 of the Resource Recovery
Act; and $3 million for demonstration
of a basinwide effort to control sedi-
ment pollution in the Great Lakes
under section 15 of the Federal Water
Pollution Control Act.
An increase of $85,500,000 to pro-
vide for a rural environmental as-
sistance program of $225,500,000 in
1973. The House managers have
agreed that in the announcement of
the 1973 REAP program of the De-
partment of Agriculture not more
than $30 million shall be identified
for the new pollution abatement prac-
tices and such amount as is used shall
be paid from funds available to the
Environmental Protection Agency.
-------
2096
LEGAL COMPILATION—GENERAL
An increase of $13,975,000 for the
environmental programs of the Soil
Conservation Service. Major changes
are an increase of $5 million above
the budget for conservation operations
and $8,412,000 above the budget for
watershed and flood prevention opera-
tions.
In addition, two other major actions
have been taken by the committee
which are not reflected in the amounts
covered by the bill. In order to acceler-
ate the special Great Lakes program,
the committee directed that $100
million in water and sewer funds
previously appropriated to the Depart-
ment of Housing and Urban Develop-
ment, and frozen by OMB, be used to
fund this demonstration program. In
connection with the HUD water and
sewer programs, the budget had pro-
posed using only $200 million in 1973
of the $500 million appropriated by
Congress in 1972 and now frozen by
OMB. The committee, however, di-
rected that HUD use all $500 million
of these funds in 1973.
This title includes $2,371,014,000 for
the many programs of the Environ-
mental Protection Agency, including
$1.9 billion for waste treatment facili-
ties.
[p. H7388]
Both the House and Senate ver-
sions of the Federal Water Pollution
Control Act amendments contain a
provision for the use of contract au-
thority; therefore, it would not be
necessary to appropriate any addi-
tional funds for the waste treatment
construction grant program at this
time. However, the committee fully
recognizes the importance of this pro-
gram and has recommended $1.9 bil-
lion be available until the new legisla-
tion becomes law.
I would like to call the attention of
the House to several recommendations
contained in our committee's report.
We are not a legislative committee
and, therefore, we are unable to pro-
vide for such legislation; nevertheless
we feel that these proposals merit
serious consideration by the House.
COST or ENVIRONMENTAL IMPACT
STATEMENTS
Testimony before the committee has
indicated that in fiscal year 1973 Fed-
eral agencies will be required to spend
approximately $65 million to prepare
environmental impact statements as
required by the National Environmen-
tal Policy Act. The estimated cost by
agency follows:
-------
STATUTES AND LEGISLATIVE HISTORY
2097
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-------
2098
LEGAL COMPILATION—GENERAL
The committee is strongly opposed
to the cost of preparing impact state-
ments used as a part of the cost/bene-
fit ratio and perhaps thereby defeat
or prevent needed public works proj-
ects throughout the United States. In
addition, undue delays associated with
the preparation of impact statements
on necessary public works projects
could seriously affect the economy of
our country. As we make the conver-
sion to a peacetime economy, it is vital
that we divert this extra effort to the
good of our people.
The committee takes this position
because of the increasing emphasis
being placed on detailed impact state-
ments. Requirements for additional in-
formation, if carried to extremes, can
be a costly and time-consuming pro-
cess. In order to hold requests for de-
tailed information to only that neces-
sary to evaluate the statement, the
committee recommends that considera-
tion be given to making EPA respon-
sible for all or some portion of the
cost of all environmental impact state-
ments.
Therefore, the committee recom-
mends that the Office of Management
and Budget consider establishing pro-
cedures or regulations that would al-
low the Environmental Protection
Agency to either finance or refund
the cost of preparing impact state-
ments.
INDEMNITY PAYMENTS FOB ECONOMIC OK
PHYSICAL INJURY
The committee takes note of the
action by the Administrator of the
Environmental Protection Agency ban-
ning the use of DDT in this country
effective December 31, 1972, except for
use on green peppers, onions, and
sweet potatoes in storage. In taking
this action, the Administrator over-
rode the findings of the Federal hear-
ing examiner, who ruled, based on the
evidence at hand, that no reason ex-
isted for banning DDT.
In issuing his decision, the Admin-
istrator also urged quick passage of
the pesticide legislation submitted by
the administration which has been
pending in Congress and stated:
The present law is completely inadequate
to allow me to regulate the use of pesticides
for beneficial uses on a restricted basis.
Such authority may well be used to
further ban or at least restrict other
essential pesticides prior to the devel-
opment of satisfactory alternatives.
The committee also takes note of
the fact that the Administrator's or-
der does not affect export of DDT to
other countries. However, by our ac-
tion the Administrator is indirectly
telling them that they should likewise
ban its use. This raises the question
as to whether we are following a
course that will, if carried forward,
allow the underdeveloped countries to
develop toward our own level while
we, at the same time, drift backward
toward their level of health, length
of life, and standard of living.
The committee is convinced that the
Administrator's decision on DDT
raises serious questions. DDT has
been widely used throughout the world
and has reportedly saved millions of
human lives through increased food
production and disease eradication.
According to information provided to
the committee, throughout the many
years of use, DDT has produced no
known harmful effect to human health
when properly used. The decision is
within the power of the Administra-
tor though doubtless this matter will
eventually have to be settled by the
courts.
It is to be noted that the Adminis-
trator says that in many respects the
best substitutes constitute a real haz-
ard—so much so that he has asked the
committee, and the committee has
acted favorably, for a training pro-
gram for the substitutes.
He plans to turn to substitutes with
which we have far less experience, are
readily admitted to be highly toxic,
and require a far greater frequency
of application for a lesser result. The
-------
STATUTES AND LEGISLATIVE HISTORY
2099
committee believes that funds should
be available for indemnity payments
to individuals who suffer economic or
physical harm from the use of Govern-
ment-forced substitutes.
Therefore, the committee recom-
mends that the Environmental Protec-
tion Agency give serious consideration
to establishing an indemnity program,
similar to others now in existence
throughout the Federal Government.
TAX CREDIT FOR POLLUTION ABATEMENT COSTS
The committee is convinced that a
tax credit should be made up to prob-
ably 50 percent of the cost of pollution
abatement in many cases. The com-
mittee is without authority to provide
for such legislation, but strongly urges
both the EPA and the appropriate
legislative committee to cooperate In
the passage of such legislation.
While the committee did not spe-
cifically address this item in the con-
ference report, we are convinced that
the unique problems associated with
the proposed sewer demonstration
project at Bend, Oreg., may well be
of national significance. Therefore,
the committee urges the Environmen-
tal Protection Agency to carefully
review this proposal in light of its
possible application to similar prob-
lems of many cities across the Nation.
The House concurs with the Senate
report language on this item.
This title, which includes programs
for environmental protection totals
$2,951,648,000, which is $17,475,000
above the budget and $33,337,000 be-
low the Senate bill.
[p. H7389]
Mr. WRITTEN. Mr. Speaker, I
move the previous question on the
conference report.
The previous question was ordered.
The SPEAKER pro tempore (Mr.
BOLLING) . The question is on the con-
ference report.
The question was taken; and the
Speaker pro tempore announced that
the ayes appeared to have it.
Mr. DEVINE. Mr. Speaker, I ob-
ject to the vote on the ground that a
quorum is not present and make the
point of order that a quorum is not
present.
The SPEAKER pro tempore. Evi-
dently a quorum is not present.
The Sergeant at Arms will notify
absent Members, and the Clerk will
call the roll.
The question was taken; and there
were—yeas 317, nays 80, not voting
35, as follows:
*****
[p. H7395]
So the conference report was agreed
to.
The Clerk announced the following
pairs:
Mr. Hebert with Mr. Broomfield.
Mr. Rooney of New York with Mr. Felly.
Mr. Addsbbo with Mr. Minshall.
Mr. Boggs with Mr. Powell.
Mr. O'Neill with Mr. Miller of California.
Mr. Blatnik with Mr. Gallagher.
Mr. Lennon with Mr. McClure.
Mr. Thompson of New Jersey with Mra.
Dwyer.
Mr. Tiernan with Mr. McCulloch.
Mr. Gray with Mr. Roybal.
Mr. McCormack with Mr. Schmitz.
Mr. Nedzi with Mr. McDonald of Michigan.
Mr. Passman with Mr. Hagan.
Mr. Davis of Georgia with Mr. Colmer.
Mr. Edmondson with Mr. Badillo.
Mr. Flynt with Mr. Rarick.
Mr. Stuckey with Mr. Long of Louisiana.
Messrs. MIKVA and PEYSER
changed their votes from "nay" to
"yea."
The result of the vote was an-
nounced as above recorded.
A motion to reconsider was laid on
the table.
AMENDMENTS IN DISAGREEMENT
*****
MOTION OFFERED BY MB. WHITTEN
Mr. WHITTEN. Mr. Speaker, I
offer a motion.
The Clerk read as follows:
-------
2100
LEGAL COMPILATION—GENERAL
Mr. WRITTEN moves that the House recede
from its disagreement to the amendment of
the Senate numbered 36 and concur therein
with an amendment, as follows: Restore the
matter stricken by said amendment, amended
to read as follows:
"ABATEMENT AND CONTROL
"For abatement and control activities, in-
cluding hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft;
services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per
diem rate equivalent to the rate for GS-18;
purchase of reprints; library memberships in
societies or associations which issue publica-
tions to members only or at a price to mem-
bers lower than to subscribers who are not
members; $208,935,700, to remain available
until expended: Provided. That not later
than the date set forth in section 102 (c) of
the joint resolution approved July 1, 1972
(Public Law 92-334), as amended, this ap-
propriation shall be available only within the
limits of amounts authorized by law for
fiscal year 1973.
[p. H7396]
"For an amount to provide for independent
grant and contract review advisory commit-
tees for the review of the Agency's priorities
to assure that such contracts and grants are
awarded only to qualified agencies or individ-
uals, $2,000,000.
"Not to exceed 7 per centum of any appro-
priation made available to the Environmen-
tal Protection Agency by this Act (except
appropriations for "Construction Grants"
and "Scientific Activities Overseas") may be
transferred to any other such appropriation."
The motion was agreed to.
The SPEAKER. The Clerk will re-
port the next amendment in disagree-
ment.
The Clerk read as follows:
Senate amendment No. 48: Page 45, line 9,
strike "$2,341,146,000" and insert in lieu
thereof "$2,500,000,000."
MOTION OFFERED BY MB. WHITTEN
Mr. WHITTEN. Mr. Speaker, I
offer a motion.
The Clerk read as follows:
Mr. WHITTEN moves that the House recede
from its disagreement to the amendment of
the Senate numbered 48 and concur therein
with an amendment, as follows: In lieu of
the sum stricken and inserted by said amend-
ment, insert the following: $2,500,000,000, of
which $158,854,000 shall be placed in contin-
gency reserve by the Office of Management
and Budget to be released upon determination
)f need."
The motion was agreed to.
A motion to reconsider the votes by
which action was taken on the several
motions was laid on the table.
[p. H7397]
AGRICULTURE ENVIRONMEN-
TAL AND CONSUMER PRO-
TECTION APPROPRIATIONS,
1973—CONFERENCE REPORT
Mr. McGEE. Mr. President, I sub-
mit a report of the committee of con-
ference on H.R. 15690, and ask for its
immediate consideration.
The PRESIDING OFFICER (Mr.
BUCKLEY). The report will be stated
by title.
The assistant legislative clerk read
as follows:
The committee of conference on the dis-
agreeing votes of the two Houses on the
amendments of the Senate to the bill (H.R.
15690) making appropriations for the Agri-
culture-Environmental and Consumer Protec-
tion programs for the fiscal year ending June
30, 1973, and for other purposes, having met,
after full and free conference, have agreed to
recommend and do recommend to their respec-
tive Houses this report, signed by all the
conferees.
The PRESIDING OFFICER. Is
there objection to the consideration of
the conference report?
There being no objection, the Sen-
ate proceeded to consider the report.
(The conference report is printed
in the House proceedings of the CON-
GRESSIONAL RECORD of August 2, 1972,
at p. H7139.)
Mr. McGEE. Mr. President, the
pending measure contains new obli-
gational authority of $13,434,032,700.
This is $481,842,300 above the budget
estimate, $537,021,800 above the
amount recommended by the House,
and $127,023,100 below the sum con-
tained in the Senate bill.
For title I of the bill—Agricultural
Programs—a total of $6,200,669,200
has been provided. This amount is
$21,040,800 above the budget estimate,
$238,983,800 more than the House bill,
-------
STATUTES AND LEGISLATIVE HISTORY
2101
and $35,245,600 less than the Senate
bill. It is $521,141,350 less than was
appropriated for in title I in fiscal
year 1972.
For title II—Rural Development—
the bill contains $1,026,436,000, which
is $276,150,000 over the budget esti-
mate, $127,133,000 more than the
House bill, and $58,350,000 less than
the Senate bill. It is $80,044,000 more
than was provided for in fiscal year
1972.
For title III—Environmental Pro-
grams—the bill contains $2,951,648,-
000. This amount is $17,475,000 over
the budget estimate, $6,963,500 more
than the House bill, and $33,337,000
less than contained in the Senate bill.
This is $538,265,877 less than was ap-
propriated for these programs in fiscal
year 1972.
For the various consumer programs
—title IV—there is appropriated $3,-
255,279,500, which is $167,176,500 over
the budget estimate, $163,941,500 more
than the House bill, and $90,500 less
than the Senate bill. This amount is
$447,897,500 more than appropriated
for these programs in fiscal year 1972.
Mr. President, the major items for
which we provided increases over the
budget estimates were, in approxi-
mate figures:
Millions
Rural electrification loans $157
Rural telephone loans 20
Department of Agriculture science and
education programs 20
Rural water and waste disposal
grants 92
Conservation programs, including Soil
Conservation Service and Rural En-
vironmental Assistance 100
Food and nutrition programs 164
The conference committee met and
resolved the differences in this bill at
a lengthy session on August 2. I be-
lieve, and the record will show, that
the Senate conferees did an excellent
job in sustaining the position of the
Senate on the various items which
were at issue. I would like to express
my appreciation to my colleagues on
the conference committee, and who
were of such great assistance in re-
solving these matters as they devel-
oped during the conference.
Also, I would like at this time to
pay tribute to the chairman of the
House Appropriations Subcommittee
on Agriculture, Environmental, and
Consumer Programs, the Honorable
JAMIE L. WHITTEN. I know of no sub-
committee chairman who is more
knowledgeable of his subject or who
handles that subject with more thor-
oughness, with greater precision, and
in more detail than does the gentle-
man from Mississippi. As a result,
when we get the bill from the House
it is a good bill, and one that has been
carefully and thoroughly considered.
This makes it imperative that any
changes or modifications suggested by
the Senate must also be meritorious
and sound. I think the amendments
we provided this year—some 48 num-
bered amendments—met that test.
I shall not go into detail on the con-
ference since the report of the com-
mittee of the conference has been filed
and is available to all of the Members
of the Senate. I would like to say a
few words, however, about the Envi-
ronmental Protection Agency. For fis-
cal year 1972, this agency's operating
budget was provided on a single item
—operations, research and facilities.
The administration budget proposed
the same procedure for fiscal year
1973. The House, however, separated
this single account into five separate
appropriations and five separate titles:
Agency and Regional Management.
Research and Development.
Abatement and Control.
Enforcement.
Facilities.
In taking this action, the House
thought that such a separation of
this major account would provide Con-
gress with a better opportunity to re-
view the budget estimates and the
financial requirements of the agency.
The agency appealed this action to
-------
2102
LEGAL COMPILATION—GENERAL
the Senate, and we honored that ap-
peal and suggested that we return to
the single appropriation concept for
the current fiscal year and develop a
procedure which would be satisfactory
to all concerned for subsequent fiscal
years. This was one matter, however,
on which the Senate had to recede in
conference.
It soon developed during the confer-
ence that there was very little dis-
agreement over the concept of the
multi-title appropriation as provided
in the House bill. With this appro-
priation item approaching a half bil-
lion dollars, it was both logical and
sound that it should be broken into
the smaller, more identifiable accounts,
but the timing of the proposed change
was the subject of long and detailed
analysis by the conference.
The Senate would have preferred to
postpone this change until next year,
but the House conferees were both
unified and adamant that the change
should take place as soon as possible
and that view prevailed only after it
was obvious that the House would not
agree to the proposal of the Senate.
In order to be of all possible assist-
ance to the agency, however, we did
reach a compromise that will allow
the agency some degree of flexibility
in managing their overall program
under the multiple-account concept.
We agreed to give the agency author-
ity to transfer funds between the sev-
eral accounts up to 7 percent. This
should give them the flexibility they
need in their operations.
The Senate also receded on the
amounts we added to this bill in the
category of research and development.
When the House considered this item,
there was added $18 million over the
1973 budget estimate for a total of
$185,223,700. This amount is more
than $17 million greater than the ap-
propriation for this item in 1972.
With this substantial increase already
contained in the bill, the House con-
ferees were most reluctant to approve
any additional increases, particularly
in view of the fact that the agency
has substantial funds carried over
from 1972 for the solid waste pro-
gram which is of such great interest
to many Members of this body.
Mr. President, I believe that gives
the Senate a summary of the major
action and decisions of the conference
committee. As I indicated, there are
many more detailed matters I have
not taken the time to discuss, but
these are contained in the conference
report and the joint explanation state-
ment which has been filed. I shall be
happy, however, to entertain any
questions any Members might have
to propound in connection with the
conference on this bill generally.
Mr. President, I move the adoption
of the conference report.
The motion was agreed to.
The PRESIDING OFFICER. The
clerk will state the amendments in
disagreement.
The assistant legislative clerk read
as follows:
[p. S13161]
Resolved, That the House recede from Its
disagreement to the amendment of the Senate
numbered 1 to the aforesaid bill, and concur
therein with an amendment as follows:
In lieu of the sum stricken and inserted
by said amendment, insert: $11,112,000, of
which $3,464,000 shall be available for the
Office of Information and
Resolved, That the House recede from its
disagreement to the amendment of the Senate
numbered 30 to the aforesaid bill, and concur
therein with an amendment as follows:
In lieu of the sum stricken and inserted
by said amendment, insert $150,000,000
Resolved, That the House recede from its
disagreement to the amendment of the Sen-
ate numbered 35 to the aforesaid hill, and
concur therein with an amendment as follows:
Restore the matter stricken by said amend-
ment, amended to read as follows:
RESEARCH AND DEVELOPMENT
For research and development activities,
including hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft;
services as authorized by 5 U.S.C. 3109, but
at rates for individuals not to exceed the per
diem rate equivalent to the rate of GS-18;
-------
STATUTES AND LEGISLATIVE HISTORY
2103
purchase of reprints; library memberships in
societies or associations which issue publica-
tions to members only or at a price to mem-
bers lower than to subscribers who are not
members; $182,723,700, to remain available
until expended: Provided, That not later
than the date set forth in section 102(c) of
the joint resolution approved July 1, 1972
(Public Law 92-3*4), as amended, this ap-
propriation shall be available only within
the limits of amounts authorized by law for
fiscal year 1973.
For an amount to provide for independent
grant and contract review advisory commit-
tees for the review of the Agency's priorities
to assure that such contracts and grants are
awarded only to Qualified- research agencies
or individuals, $2,600,000.
Resolved, That the House recede from its
disagreement to the amendment of the Sen-
ate numbered 36 to the aforesaid bill, and
concur therein with an amendment as fol-
lows:
Restore the matter stricken by said amend-
ment, amended to read as follows:
ABATEMENT AND CONTROL
For abatement and control activities, in-
cluding hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft;
services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per
diem rate equivalent to the rate for GS-18;
purchase of reprints; library memberships in
societies or associations which issue publica-
tions to members only or at a price to mem-
bers lower than to subscribers who are not
members; $208,935,700, to remain available
until expended: Provided, That not later
than the date set forth in section 102 (c) of
the joint resolution approved July 1, 1972
(Public Law 92-334), as amended, this ap-
propriation shall be available only within the
limits of amounts authorized by law for fiscal
year 197S.
For an amount to provide for independent
grant and contract review advisory commit-
tees for the review of the Agency's priorities
to assure that such contracts and grants are
awarded only to qualified agencies or individ-
uals, $2,000,000.
Not to exceed 7 per centum of any appro-
priation made available to the Environmental
Protection Agency by this Act (except appro-
priations for "Construction Grants" and
"Scientific Activities Overseas") may be
transferred to any other such appropriation.
Resolved, That the House recede from its
disagreement to the amendment of the Sen-
ate numbered 48 to the aforesaid bill, and
concur therein with an amendment as fol-
lows :
In lieu of the sum stricken and inserted
by said amendment, insert the following:
$2,500,000,000, of which $168,864,000 shall
be placed in contingency reserve by the Office
of Management and Budget to be released
upon determination of need.
Mr. McGEE. Mr. President, I move
that the Senate concur in the amend-
ments of the House to Senate amend-
ments Nos. 1, 30, 35, 36, and 48.
The motion was agreed to.
Mr. McGEE. Mr. President, I ask
unanimous consent that the table pre-
pared by the conference which was
included by the House when it acted
on the pending report on August 9,
1972, be incorporated in the RECORD
at this point by reference. This table
gives the complete results of the con-
ference in tabular form, and shows a
comparison of the conference action
with new budget authority made
available in fiscal year 1972, the
budget estimates for fiscal year 1973,
the House bill, and the Senate bill.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
[p. S13162]
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Executive
Orders
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EXECUTIVE ORDERS 2107
2.1 E.G. 11472, ESTABLISHING THE ENVIRONMENTAL
QUALITY COUNCIL AND THE CITIZENS ADVISORY
COMMITTEE ON ENVIRONMENTAL QUALITY
February 29, 1969, 34 Fed. Reg. 8693 (1969)
ESTABLISHING THE ENVIRONMENTAL QUALITY COUNCIL AND THE
CITIZENS' ADVISORY COMMITTEE ON ENVIRONMENTAL QUALITY
By virtue of the authority vested in me as President of the
United States, it is ordered as follows:
PART I. ENVIRONMENTAL QUALITY COUNCIL
Section 101. Establishment of the Council, (a) There is hereby
established the Environmental Quality Council (hereinafter re-
ferred to as "the Council").
(b) The President of the United States shall preside over meet-
ings of the Council. The Vice President shall preside in the ab-
sence of the President.
(c) The Council shall be composed of the following members:
The Vice President of the United States
Secretary of Agriculture
Secretary of Commerce
Secretary of Health, Education and Welfare
Secretary of Housing and Urban Development
Secretary of the Interior
Secretary of Transportation
and such other heads of departments and agencies and others as
the President may from time to time direct.
(d) Each member of the Council may designate an alternate,
who shall serve as a member of the Council whenever the regular
member is unable to attend any meeting of the Council.
(e) When matters which affect the interest of Federal agencies
the heads of which are not members of the Council are to be
considered by the Council, the President or his representative may
invite such agency heads or their alternates to participate in the
deliberations of the Council.
(f) The Director of the Bureau of the Budget, the Chairman of
the Council of Economic Advisers, and the Executive Secretary of
the Council for Urban Affairs or their representatives may partic-
ipate in the deliberations of the Environmental Quality Council as
observers.
(g) The Science Adviser to the President shall be the Executive
Secretary of the Council and shall assist the President in directing
the affairs of the Council.
Sec. 102. Functions of the Council, (a) The Council shall advise
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2108 LEGAL COMPILATION—GENERAL
and assist the President with respect to environmental quality
matters and shall perform such other related duties as the Presi-
dent may from time to time prescribe. In addition thereto, the
Council is directed to:
(1) Recommend measures to ensure that Federal policies and
programs, including those for development and conservation of
natural resources, take adequate account of environmental effects.
(2) Review the adequacy of existing systems for monitoring
and predicting environmental changes so as to achieve effective
coverage and efficient use of facilities and other resources.
(3) Foster cooperation between the Federal Government, State
and local governments, and private organizations in environmen-
tal programs.
(4) Seek advancement of scientific knowledge of changes in the
environment and encourage the development of technology to pre-
vent or minimize adverse effects that endanger man's health and
well-being.
(5) Stimulate public and private participation in programs and
activities to protect against pollution of the Nation's air, water,
and land and its living resources.
(6) Encourage timely public disclosure by all levels of govern-
ment and by private parties of plans that would affect the quality
of environment.
(7) Assure assessment of new and changing technologies for
their potential effects on the environment.
(8) Facilitate coordination among departments and agencies of
the Federal Government in protecting and improving the
environment.
(b) The Council shall review plans and actions of Federal agen-
cies affecting outdoor recreation and natural beauty. The Council
may conduct studies and make recommendations to the President
on matters of policy in the fields of outdoor recreation and natural
beauty. In carrying out the foregoing provisions of this subsec-
tion, the Council shall, as far as may be practical, advise Federal
agencies with respect to the effect of their respective plans and
programs on recreation and natural beauty, and may suggest to
such agencies ways to accomplish the purposes of this order. For
the purposes of this order, plans and programs may include, but
are not limited to, those for or affecting: (1) Development, resto-
ration, and preservation of the beauty of the countryside, urban
and suburban areas, water resources, wild rivers, scenic roads,
parkways and highways, (2) the protection and appropriate man-
agement of scenic or primitive areas, natural wonders, historic
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EXECUTIVE ORDERS 2109
sites, and recreation areas, (3) the management of Federal land
and water resources, including fish and wildlife, to enhance natu-
ral beauty and recreational opportunities consistent with other
essential uses, (4) cooperation with the States and their local
subdivisions and private organizations and individuals in areas of
mutual interest, (5) interstate arrangements, including Federal
participation where authorized and necessary, and (6) leadership
in a nationwide recreation and beautification effort.
(c) The Council shall assist the President in preparing periodic
reports to the Congress on the subjects of this order.
Sec. 103. Coordination. The Secretary of the Interior may make
available to the Council for coordination of outdoor recreation the
authorities and resources available to him under the Act of May
28, 1963, 77 Stat. 49; to the extent permitted by law, he may make
such authorities and resources available to the Council also for
promoting such coordination of other matters assigned to the
Council by this order.
Sec. 104. Assistance for the Council. In compliance with provi-
sions of applicable law, and as necessary to serve the purposes of
this order, (1) the Office of Science and Technology shall provide
or arrange for necessary administrative and staff services, sup-
port, and facilities for the Council, and (2) each department and
agency which has membership on the Council under Section
101 (c) hereof shall furnish the Council such information and
other assistance as may be available.
PART II. CITIZENS' ADVISORY COMMITTEE ON ENVIRONMENTAL
QUALITY
Sec. 201. Establishment of the Committee. There is hereby es-
tablished the Citizens' Advisory Committee on Environmental
Quality (hereinafter referred to as the "Committee"). The Com-
mittee shall be composed of a chairman and not more than 14
other members appointed by the President. Appointments to mem-
bership on the Committee shall be for staggered terms, except that
the chairman of the Committee shall serve until his successor is
appointed.
Sec. 202. Functions of the Committee. The Committee shall
advise the President and the Council on matters assigned to the
Council by the provisions of this order.
Sec. 203. Expenses. Members of the Committee shall receive no
compensation from the United States by reason of their services
under this order but shall be entitled to receive travel and ex-
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2110 LEGAL COMPILATION—GENERAL
penses, including per diem in lieu of subsistence, as authorized by
law (5 U.S.C. 5701-5708) for persons in the Government service
employed intermittently.
Sec. 204. Continuity. Persons who on the date of this order are
members of the Citizens' Advisory Committee on Recreation and
Natural Beauty established by Executive Order No. 11278 of May
4, 1966, as amended, shall, until the expirations of their respective
terms and without further action by the President, be members of
the Committee established by the provisions of this Part in lieu of
an equal number of the members provided for in section 201 of
this order.
PART III. GENERAL PROVISIONS
SEC. 301. Construction. Nothing in this order shall be construed
as subjecting any department, establishment, or other instrumen-
tality of the executive branch of the Federal Government or the
head thereof, or any function vested by law in or assigned pur-
suant to law to any such agency or head, to the authority of any
other such agency or head or as abrogating, modifying, or res-
tricting any such function in any manner.
SEC. 302. Prior bodies and orders. The President's Council on
Recreation and Natural Beauty and the Citizens' Advisory Com-
mittee on Recreation and Natural Beauty are hereby terminated
and the following are revoked:
(1) Executive Order No. 11278 of May 4,1966.
(2) Executive Order No. 11359A of June 29,1967.
(3) Executive Order No. 11402 of March 29, 1968.
RICHARD NIXON
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EXECUTIVE ORDERS 2111
2.2 E.O. 11490, EMERGENCY PREPAREDNESS
FUNCTIONS OF FEDERAL DEPARTMENTS AND
AGENCIES, OCTOBER 30, 1969, AS AMENDED
Oct. 28, 1969, 34 P.R. 17567, as amended by Ex. Ord. No. 11522, Apr. 6, 1970,
35 F.R. 5659; Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193
ASSIGNMENT OF EMERGENCY PREPAREDNESS FUNCTIONS TO FED-
ERAL AGENCIES AND DEPARTMENTS
WHEREAS our national security is dependent upon our ability
to assure continuity of government, at every level, in any national
emergency type situation that might conceivably confront the na-
tion ; and
WHEREAS effective national preparedness planning to meet
such an emergency, including a massive nuclear attack, is essential
to our national survival; and
WHEREAS effective national preparedness planning requires
the identification of functions that would have to be performed
during such an emergency, the assignment of responsibility for
developing plans for performing these functions, and the assign-
ment of responsibility for developing the capability to implement
those plans; and
WHEREAS the Congress has directed the development of such
national emergency preparedness plans and has provided funds
for the accomplishment thereof; and
WHEREAS this national emergency preparedness planning ac-
tivity has been an established program of the United States Gov-
ernment for more than twenty years:
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States, and pursuant to Reorganization
Plan No. 1 of 1958 (72 Stat. 1799) [set out as a note under section
2271 of this Appendix], the National Security Act of 1947, as
amended [section 401 et seq. of Title 50, War and National De-
fense] , the Defense Production Act of 1950, as amended [section
2061 et seq. of this Appendix], and the Federal Civil Defense Act,
as amended [section 2211 et seq. of this Appendix], it is hereby
ordered as follows—
CONTENTS
Part
1 Purpose and Scope.
2 Department of State.
3 Department of the Treasury.
4 Department of Defense.
5 Department of Justice.
6 Post Office Department.
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2112 LEGAL COMPILATION—GENERAL
7 Department of the Interior.
8 Department of Agriculture.
9 Department of Commerce.
10 Department of Labor.
11 Department of Health, Education, and Welfare.
12 Department of Housing and Urban Development.
13 Department of Transportation.
14 Atomic Energy Commission.
15 Civil Aeronautics Board.
16 Export-Import Bank of the United States.
17 Federal Bank Supervisory Agencies.
18 Federal Communications Commission.
19 Federal Power Commission.
20 General Services Administration.
21 Interstate Commerce Commission.
22 National Aeronautics and Space Administration.
23 National Science Foundation.
24 Railroad Retirement Board.
25 Securities and Exchange Commission.
26 Small Business Administration.
27 Tennessee Valley Authority.
28 United States Civil Service Commission.
28A United States Information Agency.
29 Veterans Administration.
30 General Provisions.
Part 1—Purpose and Scope
Section 101. Purpose. This order consolidates the assignment of
emergency preparedness functions to various departments and
agencies heretofore contained in the 21 Executive orders and 2
Defense Mobilization orders listed in Section 3015 of this order.
Assignments have been adjusted to conform to changes in organi-
zation which have occurred subsequent to the issuance of those
Executive orders and Defense Mobilization orders.
Sec. 102. Scope, (a) This order is concerned with the emergency
national planning and preparedness functions of the several de-
partments and agencies of the Federal Government which comple-
ment the military readiness planning responsibilities of the De-
partment of Defense; together, these measures provide the basic
foundation for our overall national preparedness posture, and are
fundamental to our ability to survive.
(b) The departments and agencies of the Federal Government
are hereby severally charged with the duty of assuring the conti-
nuity of the Federal Government in any national emergency type
situation that might confront the nation. To this end, each depart-
ment and agency with essential functions, whether expressly iden-
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EXECUTIVE ORDERS 2113
tified in this order or not, shall develop such plans and take such
actions, including but not limited to those specified in this order,
as may be necessary to assure that it will be able to perform its
essential functions, and continue as a viable part of the Federal
Government, during any emergency that might conceivably occur.
These include plans for maintaining the continuity of essential
functions of the department or agency at the seat of government
and elsewhere, through programs concerned with: (1) succession
to office; (2) predelegation of emergency authority; (3) safekeep-
ing of essential records; (4) emergency relocation sites supported
by communications and required services; (5) emergency action
steps; (6) alternate headquarters or command facilities; and (7)
protection of Government resources, facilities, and personnel. The
continuity of Government activities undertaken by the depart-
ments and agencies shall be in accordance with guidance provided
by, and subject to evaluation by, the Director of the Office of
Emergency Preparedness.
(c) In addition to the activities indicated above, the heads of
departments and agencies described in Parts 2 through 29 of this
order shall: (1) prepare national emergency plans, develop pre-
paredness programs, and attain an appropriate state of readiness
with respect to the functions assigned to them in this order for all
conditions of national emergency; (2) give appropriate considera-
tion to emergency preparedness factors in the conduct of the regu-
lar functions of their agencies, particularly those functions consid-
ered essential in time of emergency, and (3) be prepared to imple-
ment, in the event of an emergency, all appropriate plans devel-
oped under this order.
Sec. 103. Presidential Assistance. The director of the Office of
Emergency Preparedness, in accordance with the provisions of
Executive Order No. 11051 of September 27, 1962 [set out as a
note under section 2271 of this Appendix], shall advise and assist
the President in determining national preparedness goals and poli-
cies for the performance of functions under this order and in
coordinating the performance of such functions with the total
national preparedness program.
Sec. 104. General and Specific Functions. The functions assigned
by Part 30, General Provisions, apply to all departments and agen-
cies having emergency preparedness responsibilities. Specific func-
tions are assigned to departments and agencies covered in Parts 2
through 29.
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2114 LEGAL COMPILATION—GENERAL
Sec. 105. Construction. The purpose and legal effect of the as-
signments contained in this order do not constitute authority to
implement the emergency plans prepared pursuant to this order.
Plans so developed may be effectuated only in the event that au-
thority for such effectuation is provided by a law enacted by the
Congress or by an order or directive issued by the President
pursuant to statutes or the Constitution of the United States.
Part 2—Department of State
Section 201. Functions. The Secretary of State shall prepare
national emergency plans and develop preparedness programs to
permit modification or expansion of the activities of the Depart-
ment of State and agencies, boards, and commissions under his
jurisdiction in order to meet all conditions of national emergency,
including attack upon the United States. The Secretary of State
shall provide to all other departments and agencies overall foreign
policy direction, coordination, and supervision in the formulation
and execution of those emergency preparedness activities which
have foreign policy implications, affect foreign relations, or de-
pend directly or indirectly, on the policies and capabilitiies of the
Department of State. The Secretary of State shall develop policies,
plans, and procedures for carrying out his responsibilities in the
conduct of the foreign relations of the United States under condi-
tions of national emergency, including, but not limited to (1) the
formulation and implementation, in consultation with the Depart-
ment of Defense and other appropriate agencies, and the negotia-
tion of contingency and post-emergency plans with our allies and
of the intergovernmental agreements and arrangements required
by such plans; (2) formulation, negotiation, and execution of pol-
icy affecting the relationships of the United States with neutral
States; (3) formulation and execution of political strategy toward
hostile or enemy States, including the definition of war objectives
and the political means for achieving those objectives; (4) main-
tenance of diplomatic and consular representation abroad; (5)
reporting and advising on conditions overseas which bear upon the
national emergency; (6) carrying out or proposing economic mea-
sures with respect to other nations, including coordination with
the export control functions of the Secretary of Commerce; (7)
mutual assistance activities such as ascertaining requirements of
the civilian economies of other nations, making recommendations
to domestic resource agencies for meeting such requirements, and
determining the availability of and making arrangements for ob-
taining foreign resources required by the United States; (8) pro-
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EXECUTIVE ORDERS 2115
viding foreign assistance, including continuous supervision and
general direction of authorized economic and military assistance
programs, and determination of the value thereof; (9) protection
or evacuation of American citizens and nationals abroad and safe-
guarding their property; (10) protection and/or control of inter-
national organization and foreign diplomatic, consular, and other
official personnel and property, or other assets, in the United
States; (11) documentary control of persons seeking to enter or
leave the United States; and (12) regulation and control of ex-
ports of items on the munitions list.
Part 3—Department of the Treasury
Section 301. Functions. The Secretary of the Treasury shall
develop policies, plans, and procedures for the performance of
emergency functions with respect to (1) stabilization aspects of
the monetary, credit, and financial system; (2) stabilization of the
dollar in relation to foreign currencies; (3) collection of revenue;
(4) regulation of financial institutions; (5) supervision of the
Federal depository system; (6) direction of transactions in gov-
ernment securities; (7) tax and debt policies; (8) participation in
bilateral and multilateral financial arrangements with foreign
governments; (9) regulation of foreign assets in the United
States and of foreign financial dealings (in consultation with the
Secretaries of State and Commerce) ; (10) development of proce-
dures for the manufacture and/or issuance and redemption of
securities, stamps, coins, and currency; (11) development of sys-
tems for the issuance and payment of Treasury checks; (12)
maintenance of the central government accounting and financial
reporting system; (13) administration of customs laws, tax laws,
and laws on control of alcohol, alcoholic beverages, tobacco, and
firearms; (14) suppression of counterfeiting and forgery of gov-
ernment securities, stamps, coins, and currency; (15) protection
of the President and the Vice President and other designated
persons; (16) granting of loans (including participation in or
guarantees of loans) for the expansion of capacity, the develop-
ment of technological processes, or the production of essential
material; and (17) to the extent that such functions have not been
transferred to the Secretary of Transportation, enforcement of
marine inspection and navigation laws.
Sec. 302. Financial Coordination. The Secretary shall assume the
initiative in developing plans for implementation of national pol-
icy on sharing war losses and for the coordination of emergency
monetary, credit, and Federal benefit payment programs of those
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2116 LEGAL COMPILATION—GENERAL
departments and agencies which have responsibilities dependent
on the policies or capabilities of the Department.
Part 4—Department of Defense
Section 401. Functions. In addition to the civil defense functions
assigned to the Secretary of Defense by Executive Order No.
10952 [set out as a note under section 2271 of this Appendix], the
Secretary of Defense shall perform the following emergency pre-
paredness functions:
(1) Provide specific strategic guidance as required for emer-
gency preparedness planning and programing, including, for ex-
ample, guidance regarding such factors as accessibility of foreign
sources of supply and estimated shipping loss discounts and air-
craft losses in the event of war.
(2) Develop and furnish quantitative and time-phased military
requirements for selected end-items, consistent with defined mili-
tary concepts, and supporting requirements for materials, compo-
nents, production facilities, production equipment, petroleum, nat-
ural gas, solid fuels, electric power, food, transportation, and
other services needed to carry out specified Department of Defense
current and mobilization procurement, construction, research and
development, and production programs. The items and supporting
resources to be included in such requirements, the periods to be
covered, and the dates for their submission to the appropriate
resource agency will be determined by mutual agreement between
the Secretary of Defense and the head of the appropriate resource
agency.
(3) Advise and assist the Office of Emergency Preparedness in
developing a national system of production urgencies.
(4) Advise and assist the Office of Emergency Preparedness in
developing a system, in conjunction with the Department of State,
for the international allocation of critical materials and products
among the United States and the various foreign claimants in the
event of an emergency, including an attack on the United States.
(5) Plan for and administer priorities and allocations authority
delegated to the Department of Defense. Authorize procurement
and production schedules and make allotments of controlled mate-
rials pursuant to program determinations of the Office of Emer-
gency Preparedness.
(6) Assist the Department of Commerce and other appropriate
agencies in the development of the production and distribution
controls plans for use in any period of emergency.
(7) Develop with industry, plans for the procurement and pro-
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EXECUTIVE ORDERS 2117
duction of selected military equipment and supplies needed to ful-
fill emergency requirements, making maximum use of plants in
dispersed locations, and, where essential and appropriate, provid-
ing for alternative sources of supply in order to minimize the
effects of enemy attack.
(8) Develop with industry, plans and programs for minimizing
the effect of attack damage to plants producing major items of
military equipment and supply.
(9) Recommend to the Office of Emergency Preparedness mea-
sures for overcoming potential deficiencies in production capacity
to produce selected military supplies and equipment needed to
fulfill emergency requirements, when necessary measures cannot
be effected by the Department of Defense.
(10) Furnish information and recommendations, when re-
quested by the Office of Emergency Preparedness, for purposes of
processing applications for defense loans under Title III of the
Defense Production Act of 1950, as amended (sections 2091-2094
of this Appendix).
(11) Furnish advice and assistance on the utilization of stra-
tegic and critical materials in defense production, including
changes that occur from time to time.
(12) Analyze problems that may arise in maintaining an ade-
quate mobilization production base in military-product industries
and take necessary actions to overcome these problems within the
limits of the authority and funds available to the Department of
Defense.
(13) Assist the Secretary of Commerce with respect to the
identification and evaluation of facilities important to the national
defense.
(14) Advise and assist the Office of Emergency Preparedness in
the development and review of standards for the strategic location
and physical security of industries, services, government, and
other activities for which continuing operation is essential to na-
tional security, and exercise physical security cognizance over the
facilities assigned to him for such purpose.
(15) Develop and operate damage assessment systems and as-
sist the Office of Emergency Preparedness and other departments
and agencies in their responsibilities as stated in Section 3002(2) ;
participate with the Office of Emergency Preparedness in the
preparation of estimates of potential damage from enemy attack.
(16) Advise and assist the Office of Emergency Preparedness in
the development of over-all manpower policies to be instituted in
the event of an emergency, including an attack on the United
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2118 LEGAL COMPILATION—GENERAL
States, including the provision of information relating to the size
and composition of the Armed Forces.
(17) Advise on existing communications facilities and furnish
military requirements for commercial communications facilities
and services in planning for and in event of an emergency, includ-
ing an attack on the United States.
(18) Furnish military requirements for all forms of transporta-
tion and transportation facilities in planning for and in the event
of emergency, including an attack upon the United States.
(19) Assist the Office of Emergency Preparedness in prepara-
tion of legislative programs and plans for coordinating nonmili-
tary support of emergency preparedness programs.
(20) Develop plans and procedures for the Department of De-
fense utilization of nonindustrial facilities in the event of an emer-
gency in order to reduce requirements for new construction and to
provide facilities in a minimum period of time.
(21) Advise and assist the Office of Emergency Preparedness in
(1) determining what key foreign facilities and operating rights
thereto are important to the security of the United States, and (2)
obtaining through appropriate channels protection against sabo-
tage.
(22) Develop plans and procedures to carry out Department of
Defense responsibilities stated in the National Censorship Agree-
ment between the Department of Defense and the Office of Emer-
gency Preparedness.
(23) Advise and assist the Department of State in planning for
the evacuation of dependents from overseas areas, United States
teachers and administrators in the overseas dependents schools,
and such other United States citizens as may be working in United
States schools overseas.
(24) Develop plans for implementation of approved Depart-
ment of State/Department of Defense policies and procedures for
the protection and evacuation of United States citizens and certain
designated aliens abroad.
(25) Develop plans and procedures for the provision of logisti-
cal support to members of foreign forces, their employees and
dependents as may be present in the United States under the
terms of bilateral or multilateral agreements which authorize such
support in the event of a national emergency.
(26) Develop with the Department of Transportation and Fed-
eral Communications Commission plans and programs for the con-
trol of air traffic, civil and military, during an emergency.
(27) Develop with the Federal Communications Commission
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EXECUTIVE ORDERS 2119
and the Office of Telecommunications Policy (35 F.R. 6421) plans
and programs for the emergency control of all devices capable of
emitting electromagnetic radiation.
Part 5—Department of Justice
Section 501. Functions. The Attorney General shall perform the
following emergency preparedness functions:
(1) Emergency documents and measures. Provide advice, as
appropriate, with respect to any emergency directive or procedure
prepared by a department or agency as a part of its emergency
preparedness function.
(2) Industry support. As appropriate, review the legal proce-
dures developed by the Federal agencies concerned to be instituted
if it becomes necessary for the Government to institute extraordi-
nary measures with respect to vital production facilities, public
facilities, communications systems, transportation systems, or
other facility, system, or service essential to national survival.
(3) Judicial and legislative liaison. In cooperation with the
Office of Emergency Preparedness, maintain liaison with Federal
courts and with the Congress so there will be mutual understand-
ing of Federal emergency plans involving law enforcement and the
exercise of legal powers during emergencies of various magni-
tudes.
(4) Legal advice. Develop emergency plans for providing legal
advice to the President, the Cabinet, and the heads of Executive
departments and agencies wherever they may be located in an
emergency, and provide emergency procedures for the review as to
form and legality of Presidential proclamations, Executive orders,
directives, regulations, and documents, and of other documents
requiring approval by the President or by the Attorney General
which may be issued by authorized officers after an armed attack.
(5) Alien control and control of entry and departure. Develop
emergency plans for the control of alien enemies and other aliens
within the United States and, in consultation with the Department
of State and Department of the Treasury, develop emergency
plans for the control of persons attempting to enter or leave the
United States. These plans shall specifically include provisions for
the following:
(a) The location, restraint, or custody of alien enemies.
(b) Temporary detention of alien enemies and other persons
attempting to enter the United States pending determination of
their admissibility.
(c) Apprehension of deserting alien crewmen and stowaways.
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2120 LEGAL COMPILATION—GENERAL
(d) Investigation and control of aliens admitted as contract
laborers.
(e) Control of persons entering or departing from the United
States at designated ports of entry.
(f) Increased surveillance of the borders to preclude prohibited
crossings by persons.
(6) Alien property. Develop emergency plans, in consultation
with the Department of State, for the seizure and administration
of property of alien enemies under provisions of the Trading with
the Enemy Act [section 1 et seq. of this Appendix].
(7) Security standards. In consultation with the Department of
Defense and with other executive agencies, to the extent appropri-
ate, prepare plans for adjustment of security standards governing
the employment of Federal personnel and Federal contractors in
an emergency.
(8) Drug Control. Develop emergency plans and procedures for
the administration of laws governing the import, manufacture,
and distribution of narcotics. Consult with and render all possible
aid and assistance to the Office of Emergency Preparedness, the
Department of Health, Education, and Welfare, and the General
Services Administration in the allocation, distribution, and, if nec-
essary, the replenishment of Government stockpiles of narcotic
drugs.
Sec. 502. Civil Defense Functions. In consonance with national
civil defense programs developed by the Department of Defense,
the Attorney General shall:
(1) Local law enforcement. Upon request, consult with and as-
sist the Department of Defense to plan, develop, and distribute
materials for use in the instruction and training of law enforce-
ment personnel for civil defense emergency operations; develop
and carry out a national plan for civil defense instruction and
training for enforcement officers, designed to utilize to the maxi-
mum extent practicable the resources and facilities of existing
Federal, State, and local police schools, academies, and other ap-
propriate institutions of learning; and assist the States in prepar-
ing for the conduct of intrastate and interstate law enforcement
operations to meet the extraordinary needs that would exist for
emergency police services under conditions of attack or imminent
attack.
(2 ) Penal and correctional institutions. Develop emergency
plans and procedures for the custody and protection of prisoners
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EXECUTIVE ORDERS 2121
and the use of Federal penal and correctional institutional re-
sources, when available, for cooperation with local authorities in
connection with mass feeding and housing, for the storage of
standby emergency equipment, for the emergency use of prison
hospitals and laboratory facilities, for the continued availability of
prison-industry products, and, in coordination with the Depart-
ment of Labor, for the development of Federal prisoner skills to
appropriately augment the total supply of manpower, advise
States and their political subdivisions regarding the use of State
and local prisons, jails, and prisoners for the purpose of relieving
local situations and conditions arising from a state of emergency.
(3) Identification and location of persons. Develop emergency
plans and procedures for the use of the facilities and personnel of
the Department of Justice in assisting the Department of Health,
Education, and Welfare with the development of plans and proce-
dures for the identification of the dead and the reuniting of fam-
lies during a civil defense emergency.
Part 6—Post Office Department
Section 601. Functions. The Postmaster General shall prepare
plans and programs for emergency mail service and shall cooper-
ate with indicated Federal agencies, in accordance with existing
agreements or directives, in the following national emergency pro-
grams :
(1) Registering of persons. Assist the Department of Health,
Education, and Welfare in planning a national program and devel-
oping technical guidance for States, and directing Post Office ac-
tivities concerned with registering persons and families for the
purpose of receiving and answering welfare inquiries and reunit-
ing families in civil defense emergencies. The program shall in-
clude procurement, transportation, storage, and distribution of
safety notification and emergency change of address cards in
quantities and localities jointly determined by the Department of
Defense and the Post Office Department.
(2) Other emergency programs, (a) Censorship of international
mails. (Department of Defense; Department of the Treasury;
Office of Emergency Preparedness)
(b) Provision for emergency mail service to Federal agencies at
both regular and emergency sites. (General Services Administra-
tion)
(c) Emergency registration of Federal employees. (Civil Serv-
ice Commission)
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2122 LEGAL COMPILATION—GENERAL
(d) Emergency leasing of space for Federal agencies. (General
Services Administration)
(e) Registration of enemy aliens. (Department of Justice)
Part 7—Department of the Interior
Section 701. Resume of Responsibilities. The Secretary of the
Interior shall prepare national emergency plans and develop pre-
paredness programs covering (1) electric power; (2) petroleum
and gas; (3) solid fuels; (4) minerals; and (5) water, as defined
in Section 702 of this part.
Sec. 702. Def nitions. As used in this part:
(1) "Electric power" means all forms of electric power and
energy, including the generation, transmission, distribution, and
utilization thereof.
(2) "Petroleum" means crude oil and synthetic liquid fuel, their
products, and associated hydrocarbons, including pipelines for
their movement and facilities specially designed for their storage.
(3) "Gas" means natural gas (including helium) and manufac-
tured gas, including pipelines for their movement and facilities
specially designed for their storage.
(4) "Solid fuels" means all forms of anthracite, bituminous,
sub-bituminous, and lignitic coals, coke, and coal chemicals pro-
duced in the coke-making process.
(5) "Minerals" means all raw materials of mineral origin (ex-
cept petroleum, gas, solid fuels, and source materials as defined in
the Atomic Energy Act of 1954, as amended) [section 2011 et seq.
of Title 42, The Public Health and Welfare] obtained by mining
and like operations and processed through the stages specified and
at the facilities designated in an agreement between the Secretary
of the Interior and the Secretary of Commerce as being within the
emergency preparedness responsibilities of the Secretary of the
Interior.
(6) "Water" means water from all sources except water after
its withdrawal into a community system, or an emergency system
for treatment, storage, and distribution for public use.
Sec. 703. Resource functions. With respect to the resources de-
fined in Section 702, the Secretary of the Interior shall:
(1) Minerals development. Develop programs and encourage the
exploration, development, and mining of strategic and critical
minerals for emergency purposes.
(2) Production. Provide guidance and leadership to assigned
industries in the development of plans and programs to insure the
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EXECUTIVE ORDERS 2123
continuity of production in the event of an attack, and cooperate
with the Department of Commerce in the identification and evalu-
ation of essential facilities.
(3) Water. Develop plans with respect to water, including plans
for the treatment and disposal, after use, of water after its with-
drawal into a community system or an emergency system for
treatment, storage, and distribution for public use. In developing
any plans relating to water for use on farms and in food facilities,
assure that those plans are in consonance with plans and pro-
grams of the Department of Agriculture.
(4) Electric power and natural gas. In preparedness planning
for electric power and natural gas, the Federal Power Commission
shall assist the Secretary of the Interior as set forth in Section
1901 of this order.
Part 8—Department of Agriculture
Section 801. Resume of Responsibilities. The Secretary of Agri-
culture shall prepare national emergency plans and develop pre-
paredness programs covering: (1) food resources, farm equip-
ment, fertilizer, and food resource facilities as defined below; (2)
lands under the jurisdiction of the Secretary of Agriculture; (3)
rural fire control; (4) defense against biological and chemical
warfare and radiological fallout pertaining to agricultural activi-
ties; and (5) rural defense information and education.
Sec. 802. Definitions. As used in this part:
(1) "Food resources" means all commodities and products, sim-
ple, mixed, or compound, or complements to such commodities or
products, that are capable of being eaten or drunk, by either
human beings or animals, irrespective of other uses to which such
commodities or products may be put, at all stages of processing
from the raw commodity to the products thereof in vendible form
for human or animal consumption. For the purposes of this order,
the term "food resources" shall also include all starches, sugars,
vegetable and animal fats and oils, cotton, tobacco, wool, mohair,
hemp, flax fiber, and naval stores, but shall not include any such
material after it loses its identity as an agricultural commodity or
agricultural product.
(2) "Farm equipment" means machinery, equipment, and re-
pair parts manufactured primarily for use on farms in connection
with the production or preparation for market or use of "food
resources".
(3) "Fertilizer" means any product or combination of products
for plant nutrition in form for distribution to the users thereof.
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2124 LEGAL COMPILATION—GENERAL
(4) "Food resource facilities" means plants, machinery, vehi-
cles (including on farm), and other facilities (including farm
housing) for the production, processing, distribution, and storage
(including cold storage) of food resources, and for domestic dis-
tribution of farm equipment and fertilizer.
Sec. 803. Functions. With respect to food resources, food re-
source facilities, lands under the jurisdiction of the Secretary,
farm equipment, and fertilizer, the Secretary of Agriculture shall:
(1) Production, processing, storage, and distribution. Develop
plans for priorities, allocations, and distribution control systems
and related plans, including control of use of facilities designed to
provide adequate and continuing production, processing, storage,
and distribution of essential food resources in an emergency, and
to provide for the domestic distribution of farm equipment and
fertilizer.
(2) Stockpiles. In addition to the food stockpile functions identi-
fied in Executive Order No. 10958 [set out as a note under section
2271 of this Appendix], take all possible measures in the adminis-
tration of Commodity Credit Corporation inventories of food re-
sources to assure the availability of such inventories when and
where needed in an emergency. The Secretary shall also develop
plans and procedures for the proper utilization of agricultural
items stockpiled for survival purposes.
(3) Land management. Develop plans and direct activities for
the emergency protection, management, and utilization of the
lands, resources, and installations under the jurisdiction of the
Secretary of Agriculture and assist in the development of plans
for the emergency operation, production, and processing of forest
products in cooperation with other Federal, State, and private
agencies.
Sec. 804. Civil Defense Functions. In consonance with national
civil defense programs developed by the Department of Defense,
the Secretary of Agriculture shall:
(1) Rural fire defense. In cooperation with Federal, State, and
local agencies, develop plans for a national program and direct
activities relating to the prevention and control of fires in the
rural areas of the United States caused by the effects of enemy
attack.
(2) Biological, chemical, and radiological warfare defense. De-
velop plans for a national program, direct Federal activities, and
furnish technical guidance to State and local authorities concern-
ing (a) diagnosis and strengthening of defensive barriers and
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EXECUTIVE ORDERS 2125
control or eradication of diseases, pests, or chemicals introduced
as agents of biological or chemical warfare against animals,
crops, or products thereof; (b) protective measures, treatment,
and handling of livestock, including poultry, agricultural commod-
ities on farms or ranches, agricultural lands, forest lands, and
water for agricultural purposes, any of which have been exposed
to or affected by radiation. Plans shall be developed for a national
program and direction of Federal activities to assure the safety
and wholesomeness and to minimize losses from biological and
chemical warfare, radiological effects, and other emergency haz-
ards of livestock, meat and meat products, poultry and poultry
products in establishments under the continuous inspection of the
Department of Agriculture, and agricultural commodities and
products owned by the Commodity Credit Corporation or by the
Department of Agriculture.
(3) Defense information and education. Conduct a defense in-
formation and education program in support of the Department's
emergency responsibilities.
Part 9—Department of Commerce
Section 901. Resume of Responsibilities. The Secretary of Com-
merce shall prepare national emergency plans and develop prepar-
edness programs covering:
(1) The production and distribution of all materials, the use of
all production facilities (except those owned by, controlled by, or
under the jurisdiction of the Department of Defense or the Atomic
Energy Commission), the control of all construction materials,
and the furnishing of basic industrial services except those involv-
ing the following:
(a) Production and distribution of and use of facilities for
petroleum, solid fuels, gas, electric power, and water;
(b) Production, processing, distribution, and storage of food
resources and the use of food resource facilities for such produc-
tion, processing, distribution, and storage;
(c) Domestic distribution of farm equipment and fertilizer;
(d) Use of communications services and facilities, housing and
lodging facilities, and health, education, and welfare facilities;
(e) Production, and related distribution, of minerals as denned
in Subsection 702(5), and source materials as defined in the
Atomic Energy Act of 1954, as amended [section 2011 et seq. of
Title 42, The Public Health and Welfare] ; and the construction
and use of facilities designated as within the responsibilities of
the Secretary of the Interior:
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2126 LEGAL COMPILATION—GENERAL
(f) Distribution of items in the supply systems of, or controlled
by, the Department of Defense and the Atomic Energy Commis-
sion;
(g) Construction, use and management of civil aviation facili-
ties; and
(h) Construction and use of highways, streets, and appurtenant
structures.
(2) Federal emergency operational control responsibilities with
respect to ocean shipping, ports, and port facilities, except those
owned by, controlled by, or under the jurisdiction of the Depart-
ment of Defense, and except those responsibilities of the Depart-
ment of the Treasury with respect to the entrance and clearance
of vessels. The following definitions apply to this part:
(a) "Ocean shipping" includes all overseas, coastwise, inter-
coastal, and Great Lakes shipping except that solely engaged in
the transportation of passengers and cargo between United States
ports on the Great Lakes.
(b) "Port" or "port area" includes any zone contiguous to or
associated in the traffic network of an ocean or Great Lakes port,
or outport location, including beach loading sites, within which
facilities exist for transshipment of persons and property between
domestic carriers and carriers engaged in coastal, intercoastal,
and overseas transportation.
(c) "Port facilities" includes all port facilities, port equipment
including harbor craft, and port services normally used in accom-
plishing the transfer or interchange of cargo and passengers be-
tween ocean-going vessels and other media of transportation, or in
connection therewith (including the Great Lakes).
(3) Scientific and technological services and functions, essential
to emergency preparedness plans, programs, and operations of the
Federal departments and agencies, in which the Department of
Commerce has the capability, including but not limited to:
(a) Meteorological and related services;
(b) Preparation, reproduction, and distribution of nautical and
aeronautical charts, geodetic, hydrographic, and oceanographic
data, and allied services for nonmilitary purposes;
(c) Standards of measurement and supporting services; and,
(d) Research, development, testing, evaluation, application, and
associated services and activities in the various fields and disci-
plines of science and technology in which the Department has
special competence.
(4) Collection, compilation, and reporting of census informa-
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EXECUTIVE ORDERS 2127
tion and the provision of statistical and related services, as re-
quired, for emergency planning and operations.
(5) Regulation and control of exports and imports, under the
jurisdiction of the Department of Commerce, in support of na-
tional security, foreign policy, and economic stabilization objec-
tives.
(6) Regulation and control of transfers of capital to, and rein-
vestment of earnings of, affiliated foreign nationals pursuant to
authority conferred by Executive Order No. 11387 of January 1,
1968 [set out as a note under section 95a of Title 12, Banks and
Banking].
Sec. 902. Production Functions. Within the areas designated in
section 901 (1) hereof, the Secretary of Commerce shall:
(1) Priorities and allocations. Develop control systems for prior-
ities, allocation, production, and distribution, including provisions
for other Federal departments and agencies, as appropriate, to
serve as allotting agents for materials and other resources made
available under such systems for designated programs and the
construction and operation of facilities assigned to them.
(2) New construction. Develop procedures by which new pro-
duction facility construction proposals will be reviewed for appro-
priate location in light of such area factors as locational security,
availability of labor, water, power, housing, and other support
requirements.
(3) Industry evaluation. Identify and evaluate the national se-
curity essentiality of those products and services, and their pro-
ducing or supporting facilities, which are of exceptional impor-
tance to mobilization readiness, national defense, or post-attack
survival and recovery.
(4) Production capability. Analyze potential effects of attack on
actual production capability, taking into account the entire pro-
duction complex, including shortages of resources, and conduct
studies as a basis for recommending pre-attack measures that
would strengthen capabilities for post-attack production.
(5) Loans for plant modernization. Develop plans, in coordina-
tion with the Small Business Administration, for providing emer-
gency assistance to essential small business establishments
through direct loans or participation loans for the financing of
production facilities and equipment.
Sec. 903. Maritime Functions. Within the areas designated in
section 901(2) of this part, the Secretary of Commerce shall de-
velop plans and procedures in consonance with international treat-
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2128 LEGAL COMPILATION—GENERAL
ies, under coordinating authority of the Secretary of Transporta-
tion and in cooperation with other appropriate Federal agencies
and the States and their political subdivisions, to provide for Fed-
eral operational control of ocean ports and shipping, including:
(1) Shipping allocation. Allocation of specific ocean shipping to
meet the national requirements, including those for military, for-
eign assistance, emergency procurement programs, and those es-
sential to the civilian economy.
(2) Ship acquisition. Provision of ships for ocean shipping by
purchase, charter, or requisition, by breakout from the national
defense reserve fleet, and by construction.
(3) Operations. Operation of ocean shipping, directly or indi-
rectly.
(4) Traffic control. Provisions for the control of passengers and
cargo through port areas to assure an orderly and continuous flow
of such traffic.
(5) Traffic priority. Administration of priorities for the move-
ment of passengers and cargo through port areas.
(6) Port allocation. Allocation of specific ports and port facili-
ties to meet the needs of the Nation and our allies.
(7) Support activities. Performance of supporting activities
needed to carry out the above-described functions, such as: ascer-
taining national support requirements for ocean shipping, includ-
ing those for support of military and other Federal programs and
those essential to the civil economy; maintenance, repair, and
arming of ships; recruiting, training, and assigning of officers and
seamen; procurement, warehousing, and issuance of ships' stores,
supplies, equipment, and spare parts; supervision of stevedoring
and bunkering; management of terminals, shipyards, repair, and
other facilities; and provision, maintenance, and restoration of
port facilities.
Sec. 904. Census Functions. Within the area designated in sec-
tion 901 (4) hereof, the Secretary of Commerce shall:
(1) Provide for the collection and reporting of census informa-
tion on the status of human and economic resources, including
population, housing, agriculture, manufacture, mineral industries,
business, transportation, foreign trade, construction, and govern-
ments, as required for emergency planning purposes.
(2) Plan, create, and maintain a capability for the conduct of
post-attack surveys to provide information on the status of surviv-
ing populations and resources as required for the programs of the
Office of Emergency Preparedness.
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EXECUTIVE ORDERS 2129
(3) Provide for and maintain the ability to make estimates of
attack effects on industry, population, and other resources for use
within the Department of Commerce.
Sec. 905. Civil Defense Functions. In consonance with national
civil defense programs developed by the Department of Defense,
the Secretary of Commerce shall:
(1) Weather functions. Prepare and issue currently, as well as
in an emergency, forecasts and estimates of areas likely to be
covered by radiological fallout in event of attack and make this
information available to Federal, State, and local authorities for
public dissemination.
(2) Geodetic, hydrographic, and oceanographic data. Provide
geodetic, hydrographic, and oceanographic data and services to
the Department of Defense and other governmental agencies, as
appropriate.
Part 10—Department of Labor
Section 1001. Resume of Responsibilities. The Secretary of
Labor shall have primary responsibility for preparing national
emergency plans and developing preparedness programs covering
civilian manpower mobilization, more effective utilization of lim-
ited manpower resources, including specialized personnel, wage
and salary stabilization, worker incentives and protection, man-
power resources and requirements, skill development and training,
research, labor-management relations, and critical occupations.
Sec. 1002. Functions. The Secretary of Labor shall:
(1) Civilian manpower mobilization. Develop plans and issue
guidance designed to utilize to the maximum extent civilian man-
power to resources, such plans and guidance to be developed with
the active participation and assistance of the States and local
political subdivisions thereof, and of other organizations and
agencies concerned with the mobilization of the people of the Un-
ited States. Such plans shall include, but not necessarily be limited
to:
(a) Manpower management. Recruitment, selection and refer-
ral, training, employment stabilization (including appeals proce-
dures) , proper utilization, and determination of the skill categor-
ies critical to meeting the labor requirements of defense and essen-
tial civilian activities;
(b) Priorities. Procedures for translating survival and produc-
tion urgencies into manpower priorities to be used as guides for
allocating available workers; and
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2130 LEGAL COMPILATION—GENERAL
(c) Improving mobilization base. Programs for more effective
utilization of limited manpower resources, and, in cooperation
with other appropriate agencies, programs for recruitment, train-
ing, allocation, and utilization of persons possessing specialized
competence or aptitude in acquiring such competence.
(2) Wage and salary stabilization. Develop plans and proce-
dures for wage and salary stabilization and for the national and
field organization necessary for the administration of such a pro-
gram in an emergency, including investigation, compliance, and
appeals procedures; statistical studies of wages, salaries, and
prices for policy decisions and to assist operating stabilization
agencies to carry out their functions.
(3) Worker incentives and protection. Develop plans and proce-
dures for wage and salary compensation and death and disability
compensation for authorized civil defense workers and, as appro-
priate, measures for unemployment payments, re-employment
rights, and occupational safety, and other protection and incen-
tives for the civilian labor force during an emergency.
(4) Skill development and training. Initiate current action pro-
grams to overcome or offset present or anticipated manpower defi-
ciencies, including those identified as a result of resource and
requirements studies.
(5) Labor-management relations. Develop, after consultation
with the Department of Commerce, the Department of Transpor-
tation, the Department of Defense, the National Labor Relations
Board, the Federal Mediation and Conciliation Service, the Na-
tional Mediation Board, and other appropriate agencies and
groups, including representatives of labor and management, plans
and procedures, including organization plans for the maintenance
of effective labor-management relations during a national emer-
gency.
Part 11—Department of Health, Education, and Welfare
Section 1101. Resume of Responsibilities. In addition to the
medical stockpile functions identified in Executive Order No.
10958 [set out as a note under section 2271 of this Appendix], the
Secretary of Health, Education, and Welfare shall prepare na-
tional emergency plans and develop preparedness programs cover-
ing health services, civilian health manpower, health resources,
welfare services, social security benefits, credit union operations,
and educational programs as defined below.
Sec. 1102. Definitions. As used in this part:
(1) "Emergency health services" means medical and dental care
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EXECUTIVE ORDERS 2131
for the civilian population in all of their specialties and adjunct
therapeutic fields, and the planning, provision, and operation of
first aid stations, hospitals, and clinics; preventive health services,
including detection, identification and control of communicable di-
seases, their vectors, and other public health hazards, inspection
and control of purity and safety of food, drugs, and biologicals;
vital statistics services; rehabilitation and related services for dis-
abled survivors; preventive and curative care related to human
exposure to radiological, chemical, and biological warfare agents;
sanitary aspects of disposal of the dead; food and milk sanitation;
community solid waste disposal; emergency public water supply;
and the determination of the heatlh significance of water pollution
and the provision of other services pertaining to health aspects of
water use and water-borne wastes as set forth in an agreement
between the Secretary of Health, Education, and Welfare and the
Secretary of the Interior, approved by the President, pursuant to
Reorganization Plan No. 2 of 1966 [set out by the Appendix to
Title 5, Government Organization and Employees], which plan
placed upon the Secretary of the Interior responsibilities for the
prevention and control of water pollution. It shall be understood
that health services for the purposes of this order, however, do not
encompass the following areas for which the Department of Agri-
culture has responsibility: plant and animal diseases and pest
prevention, control, and eradication, wholesomeness of meat and
meat products, and poultry and poultry products in establishments
under continuous inspection service by the Department of Agricul-
ture, veterinary biologicals, agricultural commodities and products
owned by the Commodity Credit Corporation or the Secretary of
Agriculture, livestock, agricultural commodities stored or harvest-
able on farms and ranches, agricultural lands and water, and
registration of pesticides.
(2) "Health manpower" means physicians (including osteo-
paths) ; dentists; sanitary engineers; registered professional
nurses; and such other occupations as may be included in the List
of Health Manpower Occupations issued for the purposes of this
part by the Director of the Office of Emergency Preparedness
after agreement by the Secretary of Labor and the Secretary of
Health, Education, and Welfare.
(3) "Health resources" means manpower, material, and facili-
ties required to prevent the impairment of, improve, and restore
the physical and mental health conditions of the civilian popula-
tion.
(4) "Emergency welfare services" means feeding; clothing;
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2132 LEGAL COMPILATION—GENERAL
lodging in private and congregate facilities; registration; locating
and reuniting families; care of unaccompanied children, the aged,
the handicapped, and other groups needing specialized care or
services; necessary financial or other assistance; counseling and
referral services to families and individuals; aid to welfare insti-
tutions under national emergency or post-attack conditions; and
all other feasible welfare aid and services to people in need during
a civil defense emergency. Such measures include organization,
direction, and provision of services to be instituted before attack,
in the event of strategic or tactical evacuation, and after attack in
the event of evacuation or of refuge in shelters.
(5) "Social security benefits" means the determination of enti-
tlement and the payment of monthly insurance benefits to those
eligible, such as workers who have retired because of age or disa-
bility and to their dependent wives and children, and to the eligi-
ble survivors of deceased workers. It also includes determinations
of eligibility and payments made on behalf of eligible individuals
to hospitals, home health agencies, extended care facilities, physi-
cians, and other providers of medical services.
(6) "Credit union operations" means the functions of any credit
union, chartered either by a State or the Federal Government, in
stimulating systematic savings by members, the investment and
protection of those savings, providing loans for credit union mem-
bers at reasonable rates, and encouraging sound credit and thrift
practices among credit union members.
(7) "Education" or "training" means the organized process of
learning by study and instruction primarily through public and
private systems.
Sec. 1103. Health Functions. With respect to emergency health
services, as defined above, and in consonance with national civil
defense plans, programs, and operation of the Department of De-
fense under Executive Order No. 10952 [set out as a note under
section 2271 of this Appendix], the Secretary of Health, Educa-
tion, and Welfare shall:
(1) Professional training. Develop and direct a nationwide pro-
gram to train health manpower both in professional and technical
occupational content and in civil defense knowledge and skills.
Develop and distribute health education material for inclusion in
the curricula of schools, colleges, professional schools, government
schools, and other educational facilities throughout the United
States. Develop and distribute civil defense information relative to
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EXECUTIVE ORDERS 2133
health services to States, voluntary agencies, and professional
groups.
(2) Emergency public water supply. Prepare plans to assure the
provision of usable water supplies for human consumption and
other essential community uses in an emergency. This shall in-
clude inventorying existing community water supplies, planning
for other alternative sources of water for emergency uses, setting
standards relating to human consumption, and planning commu-
nity distribution. In carrying on these activities, the Department
shall have primary responsibility but will make maximum use of
the resources and competence of State and local authorities, the
Department of the Interior, and other Federal agencies.
(3) Radiation. Develop and coordinate programs of radiation
measurement and assessment as may be necessary to carry out the
responsibilities involved in the provision of emergency health
services.
(4) Biological and chemical warfare. Develop and coordinate
programs for the prevention, detection, and identification of
human exposure to chemical and biological warfare agents as
may be necessary to carry out the responsibilities involved in the
provision of emergency health services, including the provision of
guidance and consultation to Federal, State, and local authorities
on measures for minimizing the effects of biological or chemical
warfare.
(5) Food, drugs, and biologicals. Plan and direct national pro-
grams for the maintenance of purity and safety in the manufac-
ture and distribution of food, drugs, and biologicals in an emer-
gency.
(6) Disabled survivors. Prepare national plans for emergency
operations of vocational rehabilitation and related agencies, and
for measures and resources necessary to rehabilitate and make
available for employment those disabled persons among the sur-
viving population.
Sec. 1104. Welfare Functions. With respect to emergency wel-
fare services as defined above, and in consonance with national
civil defense plans, programs, and operations of the Department
of Defense under Executive Order No. 10952 [set out as a note
under section 2271 of this Appendix], the Secretary of Health,
Education, and Welfare shall:
(1) Federal support. Cooperate in the development of Federal
support procedures, through joint planning with other depart-
ments and agencies, including but not limited to the Post Office
Department, the Department of Labor, and the Selective Service
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2134 LEGAL COMPILATION—GENERAL
System, the Department of Housing and Urban Development, and
resource agencies, including the Department of Agriculture, the
Department of the Interior, and the Department of Commerce, for
logistic support of State and community welfare services in an
emergency.
(2) Emergency welfare training. Develop and direct a nation-
wide program to train emergency welfare manpower for the exe-
cution of the functions set forth in this part, develop welfare
educational materials, including self-help program materials for
use with welfare organizations and professional schools, and de-
velop and distribute civil defense information relative to emer-
gency welfare services to States, voluntary agencies, and profes-
sional groups.
(3) Financial aid. Develop plans and procedures for financial
assistance to individuals injured or in want as a result of enemy
attack and for welfare institutions in need of such assistance in an.
emergency.
(4) Non-combatant evacuees to the Continental United States.
Develop plans and procedures for assistance, at ports of entry to
U. S. personnel evacuated from overseas areas, their onward
movement to final destination, and follow-up assistance after ar-
rival at final destination.
Sec. 1105. Social Security Functions. With respect to social secu-
rity, the Secretary of Health, Education, and Welfare shall:
(1) Social security benefits. Develop plans for the continuation
or restoration of benefit payments to those on the insurance rolls
as soon as possible after a direct attack upon the United States,
and prepare plans for the acceptance and disposition of current
claims for social security benefits.
(2) Health insurance. Develop plans for the payment of health
insurance claims for reimbursement for items or services provided
by hospitals, physicians, and other providers of medical services
submitted by or on behalf of individuals who are eligible under the
Medicare program [section 1395 et seq. of Title 42, The Public
Health and Welfare].
Sec. 1106. Credit Union Functions. With respect to credit union
functions, the Secretary of Health, Education, and Welfare shall:
(1) Credit union operations. Provide instructions to all State
and Federally chartered credit unions for the development of
emergency plans to be put into effect as soon as possible after an
attack upon the United States in order to guarantee continuity of
credit union operations.
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EXECUTIVE ORDERS 2135
(2) Economic stabilization. Provide guidance to credit unions
that will contribute to stabilization of the Nation's economy by
helping to establish and maintain a sound economic base for com-
bating inflation, maintaining confidence in public and private fin-
ancial institutions, and promoting thrift.
Sec. 1107. Education Functions. With respect to education, the
Secretary of Health, Education, and Welfare shall:
(1) Program guidance. Develop plans and issue guidance for the
continued function of educational systems under all conditions of
national emergency. Although extraordinary circumstances may
require the temporary suspension of education, plans should pro-
vide for its earliest possible resumption.
(2) Educational adjustment. Plan to assist civilian educational
institutions, both public and private, to adjust to demands laid
upon them by a large expansion of government activities during
any type of emergency. This includes advice and assistance to
schools, colleges, universities, and other educational institutions
whose facilities may be temporarily needed for Federal, State, or
local government programs in an emergency or whose faculties
and student bodies may be affected by the demands of a sudden or
long-standing emergency.
(3) Post-attack recovery. Develop plans for the rapid restora-
tion and resumption of education at all levels after an attack. This
includes assistance to educators and educational institutions to
locate and use surviving facilities, equipment, supplies, books, and
educational personnel. Particular emphasis shall be given to the
role of educational institutions and educational leadership in re-
viving education and training in skills needed for post-attack re-
covery.
(4) Civil defense education. In consonance with national civil
defense plans, programs, and operations of the Department of
Defense, develop and issue instructional materials to assist
schools, colleges, and other educational institutions to incorporate
emergency protective measures and civil defense concepts into
their programs. This includes assistance to various levels of educa-
tion to develop an understanding of the role of the individual,
family, and community for civil defense in the nuclear age.
Part 12—Department of Housing and Urban Development
Section 1201. Resume of Responsibilities. The Secretary of
Housing and Urban Development shall prepare national emer-
gency plans and develop preparedness programs covering all as-
pects of housing, community facilities related to housing, and
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2136 LEGAL COMPILATION—GENERAL
urban development (except that housing assets under the jurisdic-
tion and control of the Department of Defense, other than those
leased for terms not in excess of one year, shall be and remain the
responsibility of the Department of Defense).
Sec. 1202. Definition. As used in this part:
(1) "Emergency housing" means any and all types of accommo-
dations used as dwellings in an emergency.
(2) "Community facilities related to housing" means installa-
tions necessary to furnish water, sewer, electric, and gas services
between the housing unit or project and the nearest practical
source or servicing point.
(3) "Urban development" means the building or restoration of
urban community, suburban, and metropolitan areas (except
transportation facilities).
Sec. 1203. Housing and Community Facilities Functions. The
Secretary of Housing and Urban Development shall:
(1) New housing. Develop plans for the emergency construction
and management of new housing and the community facilities
related thereto to the extent that it is determined that it may be
necessary to provide for such construction and management with
public funds and through direct Federal action, and to the extent
that such construction of new housing may have to be provided
through Federal financial or credit assistance.
(2) Community facilities. Develop plans to restore community
facilities related to housing affected by an emergency through the
repair of damage, the construction of new facilities, and the use of
alternate or back-up facilities.
Sec. 1204. Urban Development Functions. The Secretary of
Housing and Urban Development shall:
(1) Regional cooperation. Encourage regional emergency plan-
ning and cooperation among State and local governments with
respect to problems of housing and metropolitan development.
(2) Vulnerability and redevelopment. In cooperation with the
Office of Emergency Preparedness, develop criteria and provide
guidance for the design and location of housing and community
facilities related to housing to minimize the risk of loss under
various emergency situations. Develop criteria for determining
which areas should be redeveloped in the event of loss or severe
damage resulting from emergencies.
Sec. 1205. Civil Defense Functions. In consonance with national
civil defense plans, programs, and operations of the Department
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EXECUTIVE ORDERS 2137
of Defense under Executive Order No. 10952 [set out as a note
under section 2271 of this Appendix], the Secretary of Housing
and Urban Development shall:
(1) Transitional activities. Develop plans for the orderly
transfer of people from fallout shelters and from billets to tempo-
rary or permanent housing, including advice and guidance for
State and local government agencies in the administration thereof.
These plans shall be coordinated with national plans and guidance
for emergency welfare services of the Department of Health, Edu-
cation, and Welfare.
(2) Temporary housing. Develop plans for tha emergency repair
and restoration for use of damaged housing, for the construction
and management of emergency housing units and the community
facilities related thereto, for the emergency use of tents and trail-
ers, and for the emergency conversion for dwelling use of non-re-
sidential structures, such activities to be financed with public
funds through direct Federal action or through financial or credit
assistance.
(3) Shelter. In conformity with national shelter policy, assist in
the development of plans to encourage the construction of shelters
for both old and new housing, and develop administrative proce-
dures to encourage the use of low-cost design and construction
techniques to maximize protection in connection with national
programs.
Part 13—Department of Transportation
Section 1301. Resume of Responsibilities. The Secretary of
Transportation, in carrying out his responsibilities to exercise
leadership in transportation matters affecting the national defense
and those involving national or regional transportation emergen-
cies, shall prepare emergency plans and develop preparedness pro-
grams covering:
(1) Preparation and promulgation of over-all national policies,
plans, and procedures related to providing civil transportation of
all forms—air, ground, water, and pipelines, including public stor-
age and warehousing (except storage of petroleum and gas and
agricultural food resources including cold storage): Provided that
plans for the movement of petroleum and natural gas through
pipelines shall be the responsibility of the Secretary of the Inte-
rior except to the extent that such plans are a part of functions
vested in the Secretary of Transportation by law;
(2) Movement of passengers and materials of all types by all
forms of civil transportation;
(3) Determination of the proper apportionment and allocation
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2138 LEGAL COMPILATION—GENERAL
for control of the total civil transportation capacity, or any por-
tion thereof, to meet over-all essential civil and military needs;
(4) Determination and identification of the transportation re-
sources available and required to meet all degrees of national
emergencies and regional transportation emergencies;
(5) Assistance to the various States, the local political subdivi-
sions thereof, and non-governmental organizations and systems
engaged in transportation activities in the preparation of emer-
gency plans;
(6) Rehabilitation and recovery of the Nation's transportation
systems; and
(7) Provisions for port security and safety, for aids to mari-
time navigation, and for search and rescue and law enforcement
over, upon, and under the navigable waters of the United States
and the high seas.
Sec. 1302. Transportation Planning and Coordination Functions.
In carrying out the provisions of Section 1301, the Secretary of
Transportation, with assistance and support of other Federal,
State and local governmental agencies, and the transport indus-
tries, as appropriate, shall:
(1) Obtain, assemble, analyze, and evaluate data on current and
projected emergency requirements of all claimants for all forms of
civil transportation to meet the needs of the military and of the
civil economy, and on current and projected civil transportation
resources—of all forms—available to the United States to move
passengers or materials in an emergency.
(2) Develop plans and procedures to provide—under emergency
conditions—for the collection and analysis of passenger and cargo
movement demands as they relate to the capabilities of the various
forms of transport, including the periodic assessment of over-all
transport resources available to meet emergency requirements.
(3) Conduct a continuing analysis of transportation require-
ments and capabilities in relation to economic projections for the
purpose of initiating actions and/or recommending incentive
and/or regulatory programs designed to stimulate government
and industry improvement of the structure of the transportation
system for use in an emergency.
(4) Develop systems for the control of the movement of passen-
gers and cargo by all forms of transportation, except for those
resources owned by, controlled by, or under the jurisdiction of the
Department of Defense, including allocation of resources and as-
signment of priorities, and develop policies, standards, and proce-
dures for emergency enforcement of these controls.
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EXECUTIVE ORDERS 2139
Sec. 1303. Departmental Emergency Transportation Prepared-
ness. Except for those resources owned by, controlled by, or under
the jurisdiction of the Department of Defense, the Secretary of
Transportation shall prepare emergency operational plans and
programs for, and develop a capability to carry out, the transpor-
tation operating responsibilities assigned to the Department, in-
cluding but not limited to:
(1) Allocating air carrier civil air transportation capacity and
equipment to meet civil and military requirements.
(2) Emergency management, including construction, recon-
struction, and maintenance of the Nation's civil airports, civil
aviation operating facilities, civil aviation services, and civil air-
craft (other than air carrier aircraft), except manufacturing fa-
cilities.
(3) Emergency management of all Federal, Stats, city, local,
and other highways, roads, streets, bridges, tunnels, and appurten-
ant structures, including:
(a) The adaptation, development, construction, reconstruction,
and maintenance of the Nation's highway and street systems to
meet emergency requirements;
(b) The protection of the traveling public by assisting State
and local authorities in informing them of the dangers of travel
through hazardous areas; and
(c) The regulation of highway traffic in an emergency through
a national program in cooperation with all Federal, State, and
local governmental units or other agencies concerned.
(4) Emergency plans for urban mass transportation, including:
(a) Providing guidance to urban communities in their emer-
gency mass transportation planning efforts, either directly or
through State, regional, or metropolitan agencies;
(b) Coordinating all such emergency planning with the Depart-
ment of Housing and Urban Development to assure compatibility
with emergency plans for all other aspects of urban development;
(c) Maintaining an inventory of urban mass transportation
systems.
(5) Maritime safety and law enforcement over, upon, and under
the high ssas and water, subject to the jurisdiction of the United
States, in the following specific programs:
(a) Safeguarding vessels, harbors, ports, and waterfront facili-
ties from destruction, loss or injury, accidents, or other causes of
a similar nature.
(b) Safe passage over, upon and under the high seas and Un-
ited States waters through effective and reliable systems of aids to
navigation and ocean stations.
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2140 LEGAL COMPILATION—GENERAL
(c) Waterborne access to ice-bound locations in furtherance of
national economic, scientific, defense, and consumer needs.
(d) Protection of lives, property, natural resources, and na-
tional interests through enforcement of Federal law and timely
assistance.
(e) Safety of life and property through regulation of commer-
cial vessels, their officers and crew, and administration of mari-
time safety law.
(f) Knowledge of the sea, its boundaries, and its resources
through collection and analysis of data in support of the national
interest.
(g) Operational readiness for essential wartime functions.
(6) Planning for the emergency management and operation of
the Alaska Railroad, and for the continuity of railroad and petro-
leum pipeline safety programs.
(7) Planning for the emergency operation and maintenance of
the United States-controlled sections of the Saint Lawrence Sea-
way.
Part 14—Atomic Energy Commission
Section 1401. Functions. The Atomic Energy Commission shall
prepare national emergency plans and develop preparedness pro-
grams for the continuing conduct of atomic energy activities of
the Federal Government. These plans and programs shall be de-
signed to develop a state of readiness in these areas with respect
to all conditions of national emergency, including attack upon the
United States and, consistent with applicable provisions of the
Atomic Energy Act of 1954, as amended [section 2011 et seq. of
Title 42, The Public Health and Welfare], shall be closely coordi-
nated with the Department of Defense and the Office of Emer-
gency Preparedness. The Atomic Energy Commission shall:
(1) Production. Continue or resume in an emergency essential
(a) manufacture, development, and control of nuclear weapons
and equipment, except to the extent that the control over such
weapons and equipment shall have been transferred to the Depart-
ment of Defense; (b) development and technology related to reac-
tors; (c) process development and production of feed material,
special nuclear materials, and other special products; (d) related
raw materials procurement, processing, and development; and (e)
repair, maintenance, and construction related to the above.
(2) Regulation. Continue or resume in an emergency (a) con-
trolling the possession, use, transfer, import, and export of atomic
materials and facilities; and (b) ordering the operation or suspen-
sion of licensed facilities, and recapturing from licensees, where
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EXECUTIVE ORDERS 2141
necessary, special nuclear materials whether related to military
support or civilian activities,
(3) Public health and safety. Shut down, where required, in
anticipation of an imminent enemy attack on the United States,
and maintain under surveillance, all Commission-owned facilities
which could otherwise constitute a significant hazard to public
health and safety, and insure the development of appropriate
emergency plans for nuclear reactors and other nuclgar activities
licensed by the Commission whether privately-owned or Govern-
ment-owned.
(4) Scientific, technical, and public atomic energy information.
Organize, reproduce, and disseminate appropriate public atomic
energy information and scientific and technical reports and data
relating to nuclear science research, development, engineering, ap-
plications, and effects to interested Government agencies, the sci-
entific and technical communities, and approved, friendly, and co-
operating foreign nations.
(5) International atomic energy affairs. Maintain, in consulta-
tion with the Department of State, essential liaison with foreign
nations with respect to activities of mutual interest involving
atomic energy.
(6) Health services. Assist the Department of Health, Educa-
tion, and Welfare, consistent with the above requirements, in inte-
grating into civilian health programs in an emergency the Com-
mission's remaining health manpower and facilities not required
for the performance of the Commission's essential emergency
functions.
(7) Priorities and allocations. Plan for the administration of
any priorities and allocations authority delegated to the Atomic
Energy Commission. Authorize procurement and production
schedules and make allotments of controlled materials pursuant to
program determinations of the Office of Emerg2ncy Preparedness.
Part 15—Civil Aeronautics Board
Section 1501. Definitions. As used in this part:
(1) "War Air Service Program" (hereinafter referred to as
WASP) means the program designed to provide for the mainte-
nance of essential civil air routes and services, and to provide for
the distribution and redistribution of air carrier aircraft among
civil air transport carriers after withdrawal of aircraft allocated
to the Civil Reserve Air Fleet.
(2) "Civil Reserve Air Fleet" (hereinafter referred to as
GRAF) means those air carrier aircraft allocated by the Secretary
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2142 LEGAL COMPILATION—GENERAL
of Transportation to the Department of Defense to meet essential
military needs in the event of an emergency.
Sec. 1502. Functions. The Civil Aeronautics Board, under the
coordinating authority of the Secretary of Transportation, shall;
(1) Distribution of aircraft. Develop plans and be prepared to
carry out such distribution and redistribution of all air carrier
civil aircraft allocated by the Secretary of Transportation among
the civil air transport carriers as may be necessary to assure the
maintenance of essential civil routes and services under WASP
operations after the CRAF requirements have been met.
(2) Economic regulations. Develop plans covering route authori-
zations and operations, tariffs, rates, and fares charged the public,
mail rates, government compensation and subsidy, and accounting
and contracting procedures essential to WASP operations.
(3) Operational controls and priorities. Develop plans and proce-
dures for the administration of operational controls and priorities
of passenger and cargo movements in connection with the utiliza-
tion of air carrier aircraft for WASP purposes in an emergency.
(4) Investigation. Maintain the capability to investigate viola-
tions of emergency economic regulations affecting air carrier op-
erations.
(5) Contracting. Prepare to perform as a contracting agency, if
such an agency is necessary, in connection with distribution and
redistribution of aircraft for WASP.
Part 16—Export-Import Bank of the United States
Section 1601. Functions, (a) Under guidance of the Secretary of
the Treasury, the Export-Import Bank shall develop plans for the
utilization of the resources of the Bank, or other resources made
available to the Bank, in expansion of productive capacity abroad
for essential materials, foreign barter arrangements, acquisition
of emergency imports, and in support of the domestic economy, or
any other plans designed to strengthen the relative position of the
Nation and its allies.
(b) In carrying out the guidance functions described above, the
Secretary of the Treasury shall consult with the Secretary of
State and the Secretary of Commerce as appropriate.
Part 17—Federal Bank Supervisory Agencies
Section 1701. Financial Plans and Programs. The Board of Gov-
ernors of the Federal Reserve System, the Comptroller of the
Currency, the Federal Home Loan Bank Board, the Farm Credit
Administration, and the Federal Deposit Insurance Corporation
shall participate with the Office of Emergency Preparedness, the
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EXECUTIVE ORDERS 2143
Department of the Treasury, and other agencies in the formula-
tion of emergency financial and stabilization policies. The heads of
such agencies shall, as appropriate, develop emergency plans, pro-
grams, and regulations, in consonance with national emergency
financial and stabilization plans and policies, to cope with poten-
tial economic effects of mobilization or an attack, including, but
not limited to, the following:
(1) Money and credit. Provision and regulation of money and
credit in accordance with the needs of the economy, including the
acquisition, decentralization, and distribution of emergency sup-
plies of currency; the collection of cash items and non-cash items;
and the conduct of fiscal agency and foreign operations.
(2) Financial institutions. Provision for the continued or re-
sumed operation of banking, savings and loan, and farm credit
institutions, including measures for the re-creation of evidence of
assets or liabilities destroyed or inaccessible.
(3) Liquidity. Provision of liquidity necessary to the continued
or resumed operation of banking, savings and loan, credit unions,
and farm credit institutions, including those damaged or de-
stroyed by enemy action.
(4) Cash withdrawals and credit transfers. Regulation of the
withdrawal of currency and the transfer of credits including de-
posit and share account balances.
(5) Insurance. Provision for the assumption and discharge of
liability pertaining to insured deposits and insured savings ac-
counts or withdrawable shares in banking and savings and loan
institutions destroyed or made insolvent.
Sec. 1702. Sharing of war losses. Heads of agencies shall, as
appropriate, participate with the Office of Emergency Prepared-
ness and the Department of the Treasury in the development of
policies, plans, and procedures for implementation of national pol-
icy on sharing war losses.
Part 18—Federal Communications Commission
Section 1801. Definitions. As used in this part:
(1) "Common carrier" means any person subject to Commis-
sion regulation engaged in providing, for use by the public, for
hire, interstate or foreign communications facilities or services by
wire or radio; but a person engaged in radio broadcasting shall
not, insofar as such person is so engaged, be deemed a common
carrier.
(2) "Broadcast facilities" means those stations licensed by the
Commission for the dissemination of radio communications in-
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2144 LEGAL COMPILATION—GENERAL
tended to be received by the public directly or by the intermediary
of relay stations.
(3) "Safety and special radio services" includes those non-
broadcast and non-common carrier services which are licensed by
the Commission under the generic designation "safety and special
radio services" pursuant to the Commission's Rules and Regula-
tions.
Sec. 1802. Functions. The Federal Communications Commission
shall develop policies, plans, and procedures, in consonance with
national telecommunications plans and policies developed pursuant
to Executive Order No. 10705 [set out as a note under section 606
of Title 47, Telegraphs, Telephones, and Radiotelegraphs], Execu-
tive Order No. 11556 [set out as a note under section 305 of Title
47, Telegraphs, Telephones, and Radiotelegraphs], Executive
Order No. 11051 [set out as a note under section 2271 of this
Appendix], the Presidential Memorandum of August 21, 1963,
"Establishment of the National Communications System", and
other appropriate authority, covering:
(1) Common carrier service, (a) Extension, discontinuance, or
reduction of common carrier facilities or services, and issuance of
appropriate authorizations for such facilities, services, and per-
sonnel in an emergency; and control of all rates, charges, prac-
tices, classifications, and regulations for service to Government
and non-Government users during an emergency, in consonance
with overall national economic stabilization policies.
(b) Development and administration of priority systems for
public correspondence and for the use and resumption of leased
inter-city private line service in an emergency.
(c) Use of common carrier facilities and services to overseas
points to meet vital needs in an emergency.
(2) Broadcasting service. Construction, activation, or deactiva-
tion of broadcasting facilities and services, the continuation or
suspension of broadcasting services and facilities, and issuance of
appropriate authorizations for such facilities, services, and per-
sonnel in an emergency.
(3) Safety and special radio services. Authorization, operation,
and use of safety and special radio services, facilities, and person-
nel in the national interest in an emergency.
(4) Radio frequency assignment. Assignment of radio frequen-
cies, and their use by, Commission licensees in an emergency.
(5) Electromagnetic radiation. Closing of any radio station or
any device capable of emitting electromagnetic radiation or sus-
pension or amending any rules or regulations applicable thereto
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EXECUTIVE ORDERS 2145
in any emergency, except for those belonging to, or operated by,
any department or agency of the United States Government.
(6) Investigation and enforcement. Investigation of violations
of pertinent law and regultions in an emergency, and develop-
ment of procedures designated to initiate, recommend, or other-
wise bring about appropriate enforcement actions required in the
interest of national security.
Part 19—Federal Power Commission
Section 1901. Functions. The Federal Power Commission shall
assist the Department of the Interior in conformity with Part 7,
in the preparation of national emergency plans and the develop-
ment of preparedness programs for electric power and natural gas
in the areas as set forth in the Memorandum of Agreement dated
August 9, 1962, between the Secretary of the Interior and the
Chairman of the Federal Power Commission.
Part 20—General Services Administration
Section 2001. Resume of Responsibilities. The Administrator of
General Services shall prepare national emergency plans and de-
velop preparedness programs designed to permit modification or
expansion of the activities of the General Services Administration
under the Federal Property and Administrative Services Act of
1949, as amended [see short title note under section 471 of Title
40, Public Buildings, Property, and Works] and other statutes
prescribing the duties and responsibilities of the Administrator.
These plans and programs shall include, but not be limited to: (1)
operation, maintenance, and protection of Federal buildings and
their sites; construction, alteration, and repair of public build-
ings ; and acquisition, utilization, and disposal of real and personal
properties; (2) public utilities service management for Federal
agencies; (3) telecommunications to meet the essential require-
ments of civilian activities of executive departments and agencies;
(4) transportation management to meet the traffic service require-
ments of civilian activities of Federal agencies; (5) records man-
agement; (6) Emergency Federal Register; (7) Government-wide
supply support; (8) service to survival items stockpiles; (9) na-
tional industrial reserve; (10) guidance and consultation to Gov-
ernment agencies regarding facilities protection measures; (11)
administration of assigned functions under the Defense Produc-
tion Act [section 2061 et seq. of this Appendix] ; and (12) admin-
istration and operation of the stockpile of strategic and critical
materials in accordance with policies and guidance furnished by
the Office of Emergency Preparedness.
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2146 LEGAL COMPILATION—GENERAL
Sec. 2002. Functions. The Administrator of General Services
shall:
(1) Public buildings. Develop emergency plans and procedures
for the operation, maintenance, and protection of both existing
and new Federally-owned and Federally-occupied buildings, and
construction, alteration, and repair of public buildings. Develop
emergency operating procedures for the control, acquisition, as-
signment, and priority of occupancy of real property by the Fed-
eral Government and by State and local governments to the extent
they may be performing functions as agents of the Federal Gov-
ernment.
(2) Public utility service management. Develop emergency
operational plans and procedures for the claimancy, procurement,
and use of public utility services for emergency activities of
executive agencies of the Government.
(3) Communications. Plan for and provide, operate, and main-
tain appropriate telecommunications facilities designed to meet
the essential requirements of Federal civilian departments and
agencies during an emergency within the framework of the Na-
tional Communications System. Plans and programs of the Ad-
ministrator shall be in consonance with national telecommuni-
cations policies, plans, and programs developed pursuant to Exec-
utive Order No. 10705 [set out as a note under section 606 of Title
47, Telegraphs, Telephones, and Radiotelegraphs], Executive
Order No. 11556 [set out as a note under section 305 of Title 47,
Telegraphs, Telephones, and Radiotelegraphs], Executive Order
No. 11051 [set out as a note under section 2271 of this Appendix],
and the Presidential Memorandum of August 21, 1963, "Establish-
ment of the National Communications System," or other appropri-
ate authority.
(4) Transportation. Develop plans and procedures for provid-
ing: (a) general transportation and traffic management services
to civilian activities of Federal agencies in connection with move-
ment of property and supplies, including the claimancy, contract-
ing, routing, and accounting of Government shipments by com-
mercial transportation in time of emergency; and (b) motor vehi-
cle service to meet the administrative needs of Federal agencies,
including dispatch and scheduled Government motor service at
and between headquarters, field offices, relocation sites, and other
installations of the Federal and State governments.
(5) Records. Provide instructions and advice on appraisal, selec-
tion, preservation, arrangement, reference, reproduction, storage,
and salvage of essential records needed for the operation of the
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EXECUTIVE ORDERS 2147
Federal Government after attack, on an emergency basis, includ-
ing a decentralized system.
(6) Federal Register. Develop emergency procedures for provid-
ing and making available, on a decentralized basis, a Federal Reg-
ister of Presidential Proclamations and Executive Orders, Federal
administrative regulations, Federal emergency notices and ac-
tions, and Acts of Congress during a national emergency.
(7) Government-wide procurement and supply. Prepare plans
and procedures for the coordination and/or operation of Govern-
ment-wide supply programs to meet the requirements of Federal
agencies under emergency conditions, including the development
of policies, methods, and procedures for emergency procurement
and for emergency requisitioning of private property when au-
thorized by law and competent authority; identification of essen-
tial civil agency supply items under the Federal catalog system;
development of emergency Federal specifications and standards;
determination of sources of supply; procurement of personal prop
erty and nonpersonal services; furnishing appropriate inspection
and contract administration services; and establishment, coordina-
tion, and/or operation of emergency storage and distribution fa-
cilities.
(8) Survival item stockpiles. Assist the Department of Health,
Education, and Welfare, insofar as civil defense medical stockpile
items under its jurisdiction are concerned, and the Department of
Defense, insofar as survival items under its jurisdiction are con-
cerned, in formulating plans and programs for service activity
support relating to stockpiling of such supplies and equipment.
The Administrator shall arrange for the procurement, storage,
maintenance, inspection, survey, withdrawal, and disposal of
supplies and equipment in accordance with the provisions of inter-
agency agreements with the departments concerned.
(9) National industrial reserve and machine tool program. De-
velop plans for the custody of the industrial plants and production
equipment in the national industrial reserve and assist the Depart-
ment of Defense, in collaboration with the Department of Com-
merce, in the development of plans and procedures for the disposi-
tion, emergency reactivation, and utilization of the plants and
equipment of this reserve in the custody of the Administrator.
(10) Excess and surplus real and personal property. Develop
plans and emergency operating procedures for the utilization of
excess and surplus real and personal property by Federal Govern-
ment agencies with emergency assignments or by State and local
governmental units as directed, including review of the property
holdings of Federal agencies which do not possess emergency
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2148 LEGAL COMPILATION—GENERAL
functions to determine the availability of property for emergency
use, and including the disposal of real and personal property and
the rehabilitation of personal property.
(11) Facilities protection and building and shelter manager
service. In accordance with the guidance from the Department of
Defense, promote, with respect to Federal buildings and installa-
tions, a Government-wide program (a) to stimulate protection,
preparedness, and control in emergencies in order to minimize the
effects of overt or covert attack, including dispersal of facilities;
and (b) to establish shelter manager organizations, including
safety and service personnel, shelter manager service, first aid,
police, and evacuaton service.
Sec. 2003. Defense Production. The Administrator of General
Services shall assist the Office of Emergency Preparedness in the
formulation of plans and programs relating to the certification of
procurement programs, subsidy payments, and plant improvement
programs provided for by the Defense Production Act of 1950, as
amended [section 2061 et seq. of this Appendix].
Sec. 2004. Strategic and Critical Materials Stockpiles. The Ad-
ministrator of General Services shall assist the Office of Emer-
gency Preparedness in formulating plans, programs, and reports
relating to the stockpiling of strategic and critical materials.
Within these plans and programs, the Administrator shall provide
for the procurement (for this purpose, procurement includes up-
grading, rotation, and beneficiation), storage, security, mainte-
nance, inspection, withdrawal, and disposal of materials, supplies,
and equipment.
Part 21—Interstate Commerce Commission
Section 2101. Resume of Responsibilities. The Chairman of the
Interstate Commerce Commission, under the coordinating author-
ity of the Secretary of Transportation, shall prepare national
emergency plans and develop preparedness programs covering
railroad utilization, reduction of vulnerability, maintenance, resto-
ration, and operation in an emergency (other than for the Alaska
Railroad—see Section 1303(6)) ; motor carrier utilization, reduc-
tion of vulnerability, and operation in an emergency; inland wa-
terway utilization of equipment and shipping, reduction of vulner-
ability, and operation in an emergency; and also provide guidance
and consultation to domestic surface transportation and storage
industries, as defined below, regarding emergency preparedness
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EXECUTIVE ORDERS 2149
measures, and to States regarding development of their transpor-
tation plans in assigned areas.
Sec. 2102. Definitions. As used in this part:
(1) "Domestic surface transportation and storage" means rail,
motor, and inland water transportation facilities and services and
public storage;
(2) "Public storage" includes warehouses and other places
which are used for the storage of property belonging to persons
other than the persons having the ownership or control of such
premises;
(3) "Inland water transportation" includes shipping on all in-
land waterways and Great Lakes shipping engaged solely in the
transportation of passengers or cargo between United States ports
on the Great Lakes;
(4) Specifically excluded, for the purposes of this part, are
pipelines, petroleum and gas storage, agricultural food resources
storage, including the cold storage of food resources, the St. Lawr-
ence Seaway, ocean ports and Great Lakes ports and port facili-
ties, highways, streets, roads, bridges, and related appurtenances,
maintenance of inland waterways, and any transportation owned
by or pre-allocated to the military.
Sec. 2103. Transportation Functions. The Interstate Commerce
Commission shall:
(1) Operational control. Develop plans with appropriate private
transportation and storage organizations and associations for the
coordination and direction of the use of domestic surface transpor-
tation and storage facilities for movement of passenger and
freight traffic.
(2) Emergency operations. Develop and maintain necessary or-
ders and regulations for the operation of domestic surface trans-
port and storage industries in an emergency.
Part 22—National Aeronautics and Space Administration
Section 2201. Functions. The Administrator of the National
Aeronautics and Space Administration shall:
(1) Research and development. Adapt and utilize the scientific
and technological capability of the National Aeronautics and
Space Administration, consistent with over-all requirements, to
meet priority needs of the programs of the Federal Government in
an emergency. This will include the direction and conduct of es-
sential research and development activities relating to (a) air-
craft, spacecraft, and launch vehicles, (b) associated instrumenta-
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2150 LEGAL COMPILATION—GENERAL
tion, guidance, control and payload, propulsion, and communica-
tions systems, (c) scientific phenomena affecting both manned and
unmanned space flights, (d) the life sciences (biology, medicine,
and psychology) as they apply to aeronautics and space, and (e)
atmospheric and geophysical sciences.
(2) Military support. Provide direct assistance as requested by
the Department of Defense and other agencies in support of the
military effort. This may include (a) undertaking urgent projects
to develop superior aircraft, spacecraft, launch vehicles, and
weapons systems, (b) developing methods to counter novel or
revolutionary enemy weapons systems, (c) providing technical
advice and assistance on matters involving air and space activi-
ties, and (d) furnishing personnel and facilities to assist in emer-
gency repairs of equipment deficiencies and for other essential
purposes.
Part 23—National Science Foundation
Section 2301. Functions. The Director of the National Science
Foundation shall:
(1) Manpower functions. Assist the Department of Labor in
sustaining readiness for the mobilization of civilian manpower by:
(a) maintaining the Foundation's register of scientific and techni-
cal personnel in such form and at such locations as will assure
maximum usefulness in an emergency; (b) being prepared for
rapid expansion of the Foundation's current operation as a central
clearing house for information covering all scientific and technical
personnel in the United States and its possessions; and (c) devel-
oping, in consultation with the Department of Labor, the Selective
Service System, the Department of Defense, and the Office of
Science and Technology, plans and procedures to assure the most
effective distribution and utilization of the Nation's scientific and
engineering manpower in an emergency.
(2) Special functions, (a) Provide leadership in developing,
with the assistance of Federal and State agencies and appropriate
nongovernmental organizations, the ability to mobilize scientists,
in consonance with over-all civilian manpower mobilization pro-
grams, to perform or assist in performance of special tasks, in-
cluding the identification of and defense against unconventional
warfare; (b) advance the national radiological defense capability
by including, in consultation with appropriate agencies, pertinent
scientific information and radiological defense techniques in the
Foundation's scientific institute program for science, mathematics,
and engineering teachers; (c) assemble data on the location and
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EXECUTIVE ORDERS 2151
character of major scientific research facilities, including non-gov-
ernmental as well as government facilities, and their normal in-
ventories of types of equipment and instruments which would be
useful in identification and analysis of hazards to human life in
the aftermath of enemy attack; and (d) prepare to carry on
necessary programs for basic research and for training of scien-
tific manpower.
Part 24—Railroad Retirement Board
Section 2401. Functions. The Railroad Retirement Board shall:
(1) Manpower functions. Within the framework of the over-all
manpower plans and programs of the Department of Labor, assist
in the mobilization of civilian manpower in an emergency by de-
veloping plans for the recruitment and referral of that segment of
the Nation's manpower resources subject to the Railroad Retire-
ment and Railroad Unemployment Insurance Acts [sections 228a
et seq. and 351 et seq. of Title 45, Railroads].
(2) Benefit payments. Develop plans for administering, under
emergency conditions, the essential aspects of the Railroad Retire-
ment Act and Railroad Unemployment Insurance Act [sections
228a et seq. and 351 et seq. of Title 45, Railroads] consistent with
overall Federal plans for the continuation of benefit payments
after an enemy attack.
Part 25—Securities and Exchange Commission
Section 2501. Functions. The Securities and Exchange Commis-
sion shall collaborate with the Secretary of the Treasury in the
development of emergency financial control plans, programs, pro-
cedures, and regulations for:
(1) Stock trading. Temporary closure of security exchanges,
suspension of redemption rights, and freezing of stock and bond
prices, if required in the interest of maintaining economic con-
trols.
(2) Modified trading. Development of plans designed to reesta-
blish and maintain a stable and orderly market for securities
when the situation permits under emergency conditions.
(3) Protection of securities. Provision of a national records
system which will make it possible to establish current ownership
of securities in the event major trading centers and depositories
are destroyed.
(4) Flow of capital. The control of the formation and flow of
private capital as it relates to new securities offerings or expan-
sion of prior offerings for the purpose of establishing or reesta-
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2152 LEGAL COMPILATION—GENERAL
blishing industries in relation to the Nation's needs in or following
a national emergency.
(5) Flight of capital. The prevention of the flight of capital
outside this country, in coordination with the Secretary of Com-
merce, and the impounding of securities in the hands of enemy
aliens.
Part 26—Small Business Administration
Section 2601. Functions. The Administrator of the Small Busi-
ness Administration shall:
(1) Prime contract authority. Develop plans to administer a
program for the acquisition of prime contracts by the Administra-
tion and, in turn, for negotiating or otherwise letting of subcon-
tracts to capable small business concerns in an emergency.
(2) Resource information. Provide data on facilities, invento-
ries, and potential production capacity of small business concerns
to all interested agencies.
(3) Procurement. Develop plans to determine jointly with Fed-
eral procurement agencies, as appropriate, which defense con-
tracts are to go to small business concerns and to certify to the
productive and financial ability of small concerns to perform spe-
cific contracts, as required.
(4) Loans for plant modernization. Develop plans for providing
emergency assistance to essential individual industrial establish-
ments through direct loans or participation loans for the financing
of production facilities and equipment.
(5) Resource pools. Develop plans for encouraging and approv-
ing small business defense production and research and develop-
ment pools.
(6) Financial assistance. Develop plans to make loans, directly
or in participation with private lending institutions, to small busi-
ness concerns and to groups or pools of such concerns, to small
business investment companies, and to State and local develop-
ment companies to provide them with funds for lending to small
business concerns, for defense and essential civilian purposes.
Part 27—Tennessee Valley Authority
Section 2701. Functions. The Board of Directors of the Tennes-
see Valley Authority shall:
(1) Electric power. Assist the Department of the Interior in the
development of plans for the integration of the Tennessee Valley
Authority power system into national emergency programs and
prepare plans for the emergency management, operation, and
maintenance of the system and for its essential expansion.
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EXECUTIVE ORDERS 2153
(2) Waterways. Assist the Interstate Commerce Commission,
under the coordinating authority of the Secretary of Transporta-
tion, in the development of plans for integration and control of
inland waterway transportation systems and, in cooperation with
the Department of Defense and the Department of the Interior,
prepare plans for the management, operation, and maintenance of
the river control system in the Tennessee River and certain of its
tributaries for navigation during an emergency.
(3) Flood control. Develop plans and maintain its river control
operations for the prevention or control of floods caused by natu-
ral phenomena or overt and covert attack affecting the Tennessee
River System and, in so doing, collaborate with the Department of
Defense with respect to the control of water in the lower Ohio and
Mississippi Rivers.
(4) Emergency health services and sanitary water supplies. As-
sist the Department of Health, Education, and Welfare in the
development of plans and programs covering emergency health
services, civilian health manpower, and health resources in the
Tennessee Valley authority area and, in collaboration with the
Department of the Interior and the Department of Health, Educa-
tion, and Welfare, prepare plans for the management, operation,
and maintenance of the Tennessee River System consistent with
the needs for sanitary public water supplies, waste disposal, and
vector control.
(5) Coordination of water use. Develop plans for determining or
proposing priorities for the use of water by the Tennessee Valley
Authority in the event of conflicting claims arising from the func-
tions listed above.
(6) Fertilizer. Assist the Department of Agriculture in the de-
velopment of plans for the distribution and claimancy of ferti-
lizer ; assist the Department of Commerce and the Department of
Defense in the development of Tennessee Valley Authority produc-
tion quotas and any essential expansion of production facilities,
and prepare plans for the management, operation, and mainte-
nance of its facilities for the manufacture of nitrogen and phos-
phorous fertilizers.
(7) Munitions production. Perform chemical research in muni-
tions as requested by the Department of Defense, maintain
standby munitions production facilities, and develop plans for con-
verting and utilizing fertilizer facilities as required in support of
the Department of Defense's munitions program.
(8) Land management. Develop plans for the maintenance,
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2154 LEGAL COMPILATION—GENERAL
management, and utilization of Tennessee Valley Authority-con-
trolled lands in the interest of an emergency economy.
(9) Food and forestry. Assist the Department of Agriculture in
the development of plans for the harvesting and processing of fish
and game, and the Department of Commerce in the development
of plans for the production and processing of forest products.
(10) Coordination with Valley States. Prepare plans and agree-
ments with Tennessee Valley States, consistent with Federal pro-
grams, for appropriate integration of Tennessee Valley Authority
and State plans for the use of available Tennessee Valley Author-
ity resources.
Part 28—United States Civil Service Commission
Section 2801. Functions. The United States Civil Service Com-
mission shall:
(1) Personnel system. Prepare plans for adjusting the Federal
civilian personnel system to simplify administration and to meet
emergency demands.
(2) Utilization. Develop policies and implementing procedures
designed to assist Federal agencies in achieving the most effective
utilization of the Federal Government's civilian manpower in an
emergency.
(3) Manpower policies. As the representative of the Federal
Government as an employer, participate, as appropriate, in the
formulation of national and regional manpower policies as they
affect Federal civilian personnel and establish implementing poli-
cies as necessary.
(4) Manpower administration. Prepare plans, in consonance
with national manpower policies and programs, for the adminis-
tration of emergency civilian manpower and employment policies
within the executive branch of the Government, including the
issuance and enforcement of regulations to implement such poli-
cies.
(5) Wage and salary stabilization. Participate, as appropriate,
with the Office of Emergency Preparedness and the Department of
Labor in the formulation of national and regional wage and salary
stabilization policies as they affect Federal civilian personnel.
Within the framework of such policies, prepare plans for the
implementation of such policies and controls established for em-
ployees within the executive branch of the Government, including
the issuance and enforcement of necessary regulations.
(6) Assistance. Develop plans for rendering personnel manage-
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EXECUTIVE ORDERS 2155
ment and staffing assistance to new and expanding Federal agen-
cies.
(7) Recruiting. Develop plans for the coordination and control
of civilian recruiting policies and practices by all Federal agencies
in order to increase the effectiveness of the total recruitment ef-
forts during an emergency and to prevent undesirable recruitment
practices.
(8) Reassignment. Develop plans to facilitate the reassignment
or transfer of Federal civilian employees, including the movement
of employees from one agency or location to another agency or
location, in order to meet the most urgent needs of the executive
branch during an emergency.
(9) Registration. Develop plans and procedures for a nation-
wide system of post-attack registration of Federal employees to
provide a means for locating and returning to duty those employ-
ees who become physically separated from their agencies after an
enemy attack, and to provide for the maximum utilization of the
skills of surviving employees.
(10) Deferment. Develop plans and procedures for a system to
control Government requests for the selective service deferment of
employees in the executive branch of the Federal Government and
in the municipal government of the District of Columbia.
(11) Investigation. Prepare plans, in coordination with agencies
having responsibilities in the personnel security field, for the con-
duct of national agency checks and inquiries, limited suitability
investigations, and full field investigations under emergency con-
ditions.
(12) Salaries, wages, and benefits. Develop plans for operating
under emergency conditions the essential aspects of salary and
wage systems and such benefit systems as the Federal Employees
Retirement System, the Federal Employees Group Life Insurance
Program, the Federal Employees and Retired Federal Employees
Health Benefits Programs, and the Federal Employees Compensa-
tion Program.
(13) Federal manpower mobilization. Assist Federal agencies in
establishing manpower plans to meet their own emergency man-
power requirements; identify major or special manpower prob-
lems of individual Federal agencies and the Federal Government
as a whole in mobilizing a civilian work force to meet essential
emergency requirements; identify sources of emergency man-
power supply for all agencies where manpower problems are indi-
cated ; and develop Government-wide plans for the use of surplus
Federal civilian manpower.
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2156 LEGAL COMPILATION—GENERAL
(14) Distribution of manpower. Participate in the formulation
of policies and decisions on the distribution of the nation's civilian
manpower resources, obtain appropriate civilian manpower data
from Federal agencies, and establish necessary implementing poli-
cies and procedures within the Executive Branch.
(15) Training. Develop, organize, and conduct, as appropriate,
interagency training programs in emergency personnel manage-
ment for Federal employees.
Part 28A—United States Information Agency
Section 2850. Functions, (a) The Director of the United States
Information Agency shall prepare national emergency plans and
develop preparedness programs for the continuation of essential
emergency foreign information activitites. These plans and pro-
grams shall be designed to develop a state of readiness which will
permit continuing necessary activities under all conditions of na-
tional emergency including attack upon the United States.
(b) The Director shall (1) develop plans for the formulation
and execution of foreign information programs utilizing the Agen-
cy's overseas posts and all media designed to promote an intelli-
gent understanding abroad of the status of the emergency within
the United States and the efforts, policies, activities, needs, and
aims of the United States in dealing with the international situa-
tion then existing; (2) develop emergency plans and programs,
and emergency organizational structures required thereby, as an
integral part of the continuing activities of the United States
Information Agency on the basis that it will have the responsibil-
ity of carrying on such programs during an emergency; (3) pro-
vide and maintain the capability necessary for simultaneous direct
radio broadcasting in major world languages to all areas of the
world and wireless teletype to all United States Embassies; (4)
provide advice to the Executive Branch on foreign opinion, and its
implications for United States policies, programs, and official
statements; (5) maintain liaison with the information agencies of
friendly nations for the purpose of relating the United States
Government information programs and facilities to those of such
nations; (6) participate in the development of policy with regard
to the psychological aspects of defense and develop plans for as-
sisting the appropriate agencies in the execution of psychological
operations with special attention to overseas crises short of war;
(7) maintain United States Information Service staffs abroad for
the conduct of public information for all agencies of the Govern-
ment, recognizing that in a theater of operations the United States
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EXECUTIVE ORDERS 2157
Information Agency would make available to the appropriate
Commander all United States citizen personnel on the staff of the
Agency, who agree to remain, to serve in support of psychological
operations; and (8) lend appropriate support in psychological
warfare to the military command in the theater or theaters of
active military operations, and provide daily guidance and basic
informational materials.
(c) The Director shall insure development of the appropriate
plans necessary under this Part and issue emergency instructions
required to implement all appropriate plans developed under this
Part.
Part 29—Veterans Administration
Section 2901. Functions. The Administrator of Veterans Affairs
shall develop policies, plans, and procedures for the performance
of emergency functions with respect to the continuation or resto-
ration of authorized programs of the Veterans Administration
under all conditions of national emergency, including attack upon
the United States. These include:
(1) The emergency conduct of inpatient and outpatient care
and treatment in Veterans Administration medical facilities and
participation with the Departments of Defense and Health, Edu-
cation, and Welfare as provided for in interagency agreements.
(2) The emergency conduct of compensation, pension, rehabili-
tation, education, and insurance payments consistent with over-all
Federal plans for the continuation of Federal benefit payments.
(3) The emergency performance of insurance and loan guar-
anty functions in accordance with indirect stabilization policies
and controls designed to deal with various emergency conditions.
Part 30—General Provisions
Section 3001. Resource Management. In consonance with the
national preparedness, security, and mobilizaton readiness plans,
programs, and operations of the Office of Emergency Prepared-
ness under Executive Order No. 11051 of September, 7, 1962 [set
out as a note under section 2271 of this Appendix], and subject to
the provisions of the preceding parts the head of each department
and agency shall:
(1) Priorities and allocations. Develop systems for the emer-
gency application of priorities and allocations to the production,
distribution, and use of resources for which he has been assigned
responsibility.
(2) Requirements. Assemble, develop as appropriate, and evalu-
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2158 LEGAL COMPILATION—GENERAL
ate requirements for assigned resources, taking into account esti-
mated needs for military, atomic energy, civilian, and foreign
purposes. Such evaluation shall take into consideration geographi-
cal distribution of requirements under emergency conditions.
(3) Evaluation. Assess assigned resources in order to estimate
availability from all sources under an emergency situation, ana-
lyze resource availabilities in relation to estimated requirements,
and develop appropriate recommendations and programs, includ-
ing those necessary for the maintenance of an adequate mobiliza-
tion base. Provide data and assistance before and after attack for
national resource analysis purposes of the Office of Emergency
Preparedness.
(5) Claimancy. Prepare plans to claim from the appropriate
agency supporting materials, manpower, equipment, supplies, and
services which would be needed to carry out assigned responsibili-
ties and other essential functions of his department or agency, and
cooperate with other agencies in developing programs to insure
availability of such resources in an emergency.
Sec. 3002. Facilities protection and warfare effects monitoring
and reporting. In consonance with the national preparedness, secu-
rity, and mobilization readiness plans, programs, and operations
of the Office of Emergency Preparedness under Executive Order
No. 11051 [set out as a note under section 2271 of this Appendix],
and with the national civil defense plans, programs, and opera-
tions of the Department of Defense under Executive Order No.
10952 [set out as a note under section 2271 of this Appendix], the
head of each department and agency shall:
(1) Facilities protection. Provide facilities protection guidance
material adapted to the needs of the facilities and services con-
cerned and promote a national program to stimulate disaster pre-
paredness and control in order to minimize the effects of overt or
covert attack on facilities or other resources for which he has
management responsibility. Guidance shall include, but not be lim-
ited to, organization and training of facility employees, personnel
shelter, evacuation plans, records protection, continuity of man-
agement, emergency repair, dispersal of facilities, and mutual aid
assocaitions for an emergency.
(2) Welfare effects monitoring and reporting. Maintain a capa-
bility, both at national and field levels, to estimate the effects of
attack on assigned resources and to collaborate with and provide
data to the Office of Emergency Preparedness, the Department of
Defense, and other agencies, as appropriate, in verifying and up-
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EXECUTIVE ORDERS 2159
dating estimates of resource status through exchanges of data and
mutual assistance, and provide for the detection, identification,
monitoring and reporting of such warfare effects at selected facili-
ties under his operation or control.
(3) Salvage and rehabilitation. Develop plans for salvage, de-
contamination, and rehabilitation of facilities involving resources
under his jurisdiction.
(4) Shelter. In conformity with national shelter policy, where
authorized to engage in building construction, plan, design, and
construct such buildings to protect the public to the maximum
extent feasible against the hazards that could result from an at-
tack upon the United States with nuclear weapons; and where
empowered to extend Federal financial assistance, encourage re-
cipients of such financial assistance to use standards for planning
design and construction which will maximize protection for the
public.
Sec. 3003. Critical skills and occupations, (a) The Secretaries of
Defense, Commerce, and Labor shall carry out the mandate of the
National Security Council, dated February 15, 1968, to "maintain
a continuing surveillance over the Nation's manpower needs and
identify any particular occupation or skill that may warrant quali-
fying for deferment on a uniform national basis." In addition, the
Secretaries of Defense, Commerce, Labor, and Health, Education,
and Welfare shall carry out the mandate of the National Security
Council to "maintain a continuing surveillance over the Nation's
manpower and education needs to identify any area of graduate
study that may warrant qualifying for deferment in the national
interest." In carrying out these functions, the Secretaries con-
cerned shall consult with the National Science Foundation with
respect to scientific manpower requirements.
(b) The Secretaries of Commerce and Labor shall maintain and
issue, as necessary, lists of all essential activities and critical occu-
pations that may be required for emergency preparedness pur-
poses.
Sec. 3004. Research. Within the framework of research policies
and objectives established by the Office of Emergency Prepared-
ness, the head of each department and agency shall supervise or
conduct research in areas directly concerned with carrying out
emergency preparedness responsibilities, designate representa-
tives for necessary ad hoc or task force groups, and provide advice
and assistance to other agencies in planning for research in areas
involving each agency's interest.
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2160 LEGAL COMPILATION—GENERAL
Sec. 3005. Stockpiles. The head of each department and agency,
with appropriate emergency responsibilities, shall assist the Office
of Emergency Preparedness in formulating and carrying out
plans for stockpiling of strategic and critical materials, and sur-
vival items.
Sec. 3006. Direct Economic Controls. The head of each depart-
ment and agency shall cooperate with the Office of Emergency
Preparedness and the Federal financial agencies in the develop-
ment of emergency preparedness measures involving emergency
financial and credit measures, as well as price, rent, wage and
salary stabilization, and consumer rationing programs.
Sec. 3007. Financial Aid. The head of each department and
agency shall develop plans and procedures in cooperation with the
Federal financial agencies for financial and credit assistance to
those segments of the private sector for which he is responsible in
the event such assistance is needed under emergency conditions.
Sec. 3008. Functional Guidance. The head of each department
and agency in carrying out the functions assigned to him by this
order, shall be guided by the following:
(1) National program guidance. In consonance with the national
preparedness, security, and mobilization readiness plans, pro-
grams, and operations of the Office of Emergency Preparedness
under Executive Order No. 11051 [set out as a note under section
2271 of this Appendix], and with the national civil defense plans,
programs, and operations of the Department of Defense, technical
guidance shall be provided to State and local governments and
instrumentalities thereof, to the end that all planning concerned
with functions assigned herein will be effectively coordinated. Re-
lations with the appropriate segment of the private sector shall be
maintained to foster mutual understanding of federal emergency
plans.
(2) Interagency coordination. Emergency preparedness func-
tions shall be coordinated by the head of the department or agency
having primary responsibility with all other departments and
agencies having supporting functions related thereto.
(3) Emergency preparedness. Emergency plans, programs, and
an appropriate state of readiness, including organizational readi-
ness, shall be developed as an integral part of the continuing
activities of each department or agency on the basis that the
department or agency will have the responsibility for carrying out
such plans and programs during an emergency. The head of each
department or agency shall be prepared to implement all appropri-
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EXECUTIVE ORDERS 2161
ate plans developed under this order. Modifications and temporary
organizational changes, based on emergency conditions, shall be in
accordance with policy determinations by the President.
(4) Professional liaison. Mutual understanding and support of
emergency preparedness activities shall be fostered, and the Na-
tional Defense Executive Reserve shall be promoted by maintain-
ing relations with the appropriate non-governmental sectors.
Sec. 3009. Training. The head of each department and agency
shall develop and direct training programs which incorporate
emergency preparedness and civil defense training information
programs necessary to insure the optimum operational effective-
ness of assigned resources, systems, and facilities.
Sec. 3010. Emergency Public Information. In consonance with
such emergency public information plans and central program
decisions of the Office of Emergency Preparedness, and with
plans, programs, and procedures established by the Department of
Defense to provide continuity of programming for the Emergency
Broadcast System, the head of each department and agency shall:
(1) Obtain and provide information as to the emergency func-
tions or assignments of the individual department or agency for
dissemination to the American people during the emergency, in
accordance with arrangements made by the Office of Emergency
Preparedness.
(2) Determine requirements and arrange for prerecordings to
provide continuity of program service over the Emergency Broad-
cast System so that the American people can receive information,
advice, and guidance pertaining to the implementation of the civil
defense and emergency preparedness plans or assignments of each
individual department or agency.
Sec. 3011. Emergency Actions. This order does not confer au-
thority to put into effect any emergency plan, procedure, policy,
program, or course of action prepared or developed pursuant to
this order. Plans so developed may be effectuated only in the event
that authority for such effectuation is provided by a law enacted
by the Congress or by an order or directive issued by the Presi-
dent pursuant to statutes or the Constitution of the United States.
Sec. 3012. Redelegation. The head of each department and
agency is hereby authorized to redelegate the functions assigned
to him by this order, and to authorize successive redelegations to
agencies or instrumentalities of the United States, and to officers
and employees of the United States.
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2162 LEGAL COMPILATION—GENERAL
Sec. 3013. Transfer of Functions. Any emergency preparedness
function under this order, or parts thereof, may be transferred
from one department or agency to another with the consent of the
heads of the organizations involved and with the concurrence of
the Director of the Office of Emergency Preparedness. Any new
emergency preparedness function may be assigned to the head of a
department or agency by the Director of the Office of Emergency
Preparedness by mutual consent.
Sec. 3014. Retention of Existing Authority. Except as provided
in Section 3015, nothing in this order shall be deemed to derogate
from any now existing assignment of functions to any department
or agency or officer thereof made by statute, Executive order, or
Presidential directives, including Memoranda.
Sec. 3015. Revoked Orders. The following are hereby revoked:
(1) Defense Mobilization Order VI-2 of December 11,1953.
(2) Defense Mobilization Order 1-12 of October 5,1954.
(3) Executive Order No. 10312 of December 10,1951.
(4) Executive Order No. 10346 of April 17,1952.
(5) Executive Order No. 10997 of February 16,1962.
(6) Executive Order No. 10998 of February 16,1962.
(7) Executive Order No. 10999 of February 16,1962.
(8) Executive Order No. 11000 of February 16,1962.
(9) Executive Order No. 11001 of February 16,1962.
(10) Executive Order No. 11002 of February 16, 1962.
(11) Executive Order No. 11003 of February 16,1962.
(12) Executive Order No. 11004 of February 16,1962.
(13) Executive Order No. 11005 of February 16,1962.
(14) Executive Order No. 11087 of February 26, 1963.
(15) Executive Order No. 11088 of February 26,1963.
(16) Executive Order No. 11089 of February 26,1963.
(17) Executive Order No. 11090 of February 26,1963.
(18) Executive Order No. 11091 of February 26,1963.
(19) Executive Order No. 11092 of February 26, 1963.
(20) Executive Order No. 11093 of February 26,1963.
(21) Executive Order No. 11094 of February 26,1963.
(22) Executive Order No. 11095 of February 26,1963.
(23) Executive Order No. 11310 of October 11,1966.
RICHARD NIXON
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EXECUTIVE ORDERS 2163
2.3 E.G. 11507, PREVENTION, CONTROL, AND
ABATEMENT OF AIR AND WATER POLLUTION AT
FEDERAL FACILITIES
February 4, 1970, 35 Fed. Reg. 2573 (1970)
PREVENTION, CONTROL, AND ABATEMENT OP AIR AND WATER POL-
LUTION AT FEDERAL FACILITIES
By virtue of the authority vested in me as President of the
United States and in furtherance of the purpose and policy of the
Clean Air Act, as amended (42 U.S.C. 1857) [section 1857 et seq.
of this title], the Federal Water Pollution Control Act, as
amended (33 U.S.C. 466) [section 466 et seq. of Title 33, Naviga-
tion and Navigable Waters], and the National Environmental Pol-
icy Act of 1969 (Public Law No. 91-190, approved January 1,
1970) [this chapter], it is ordered as follows:
Section 1. Policy. It is the intent of this order that the Federal
Government in the design, operation, and maintenance of its facil-
ities shall provide leadership in the nationwide effort to protect
and enhance the quality of our air and water resources.
Sec. 2. Definitions. As used in this order:
(a) The term "respective Secretary" shall mean the Secretary
of Health, Education, and Welfare in matters pertaining to air
pollution control and the Secretary of the Interior in matters
pertaining to water pollution control.
(b) The term "agencies" shall mean the departments, agencies,
and establishments of the executive branch.
(c) The term "facilities" shall mean the buildings, installations,
structures, public works, equipment, aircraft, vessels, and other
vehicles and property, owned by or constructed or manufactured
for the purpose of leasing to the Federal Government.
(d) The term "air and water quality standards" shall mean
respectively the quality standards and related plans of implemen-
tation, including emission standards, adopted pursuant to the
Clean Air Act, as amended, and the Federal Water Pollution Con-
trol Act, as amended, or as prescribed pursuant to section 4 (b) of
this order.
(e) The term "performance specifications" shall mean permissi-
ble limits of emissions, discharges, or other values applicable to a
particular Federal facility that would, as a minimum, provide for
conformance with air and water quality standards as defined
herein.
(f) The term "United States" shall mean the fifty States, the
District of Columbia, the Commonwealth of Puerto Rico, the Vir-
gin Islands, and Guam.
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2164 LEGAL COMPILATION—GENERAL
Sec. 3. Responsibilities, (a) Heads of agencies shall, with regard
to all facilities under their jurisdiction:
(1) Maintain review and surveillance to ensure that the stand-
ards set forth in section 4 of this order are met on a continuing
basis.
(2) Direct particular attention to identifying potential air and
water quality problems associated with the use and production of
new materials and make provisions for their prevention and con-
trol.
(3) Consult with the respective Secretary concerning the best
techniques and methods available for the protection and enhance-
ment of air and water quality.
(4) Develop and publish procedures, within six months of the
date of this order, to ensure that the facilities under their jurisdic-
tion are in conformity with this order. In the preparation of such
procedures there shall be timely and appropriate consultation with
the respective Secretary.
(b) The respective Secretary shall provide leadership in imple-
menting this order, including the provision of technical advice and
assistance to the heads of agencies in connection with their duties
and responsibilities under this order.
(c) The Council on Environmental Quality shall maintain con-
tinuing review of the implementation of this order and shall, from
time to time, report to the President thereon.
Sec. 4. Standards, (a) Heads of agencies shall ensure that all
facilities under their jurisdiction are designed, operated, and
maintained so as to meet the following requirements:
(1) Facilities shall conform to air and water quality standards
as defined in section 2(d) of this order. In those cases where no
such air or water quality standards are in force for a particular
geographical area, Federal facilities in that area shall conform to
the standards established pursuant to subsection (b) of this sec-
tion. Federal facilities shall also conform to the performance spec-
ifications provided for in this order.
(2) Actions shall be taken to avoid or minimize wastes created
through the complete cycle of operations of each facility.
(3) The use of municipal or regional waste collection or dis-
posal systems shall be the preferred method of disposal of wastes
from Federal facilities. Whenever use of such a system is not
feasible or appropriate, the heads of agencies concerned shall take
necessary measures for the satisfactory disposal of such wastes,
including:
(A) When appropriate, the installation and operation of their
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EXECUTIVE ORDERS 2165
own waste treatment and disposal facilities in a manner consistent
with this section.
(B) The provision of trained manpower, laboratory and other
supporting facilities as appropriate to meet the requirements of
this section.
(C) The establishment of requirements that operators of Fed-
eral pollution control facilities meet levels of proficiency consistent
with the operator certification requirements of the State in which
the facility is located. In the absence of such State requirements
the respective Secretary may issue guidelines, pertaining to opera-
tor qualifications and performance, for the use of heads of agen-
cies.
(4) The use, storage, and handling of all materials, including
but not limited to, solid fuels, ashes, petroleum products, and other
chemical and biological agents, shall be carried out so as to avoid
or minimize the possibilities for water and air pollution. When
appropriate, preventive measure shall be taken to entrap spillage
or discharge or otherwise to prevent accidental pollution. Each
agency, in consultation with the respective Secretary, shall estab-
lish appropriate emergency plans and procedures for dealing with
accidental pollution.
(5) No waste shall be disposed of or discharged in such a
manner as could result in the pollution of ground water which
would endanger the health or welfare of the public.
(6) Discharges of radioactivity shall be in accordance with the
applicable rules, regulations, or requirements of the Atomic
Energy Commission and with the policies and guidance of the
Federal Radiation Council as published in the FEDERAL
REGISTER.
(b) In those cases where there are no air or water quality
standards as defined in section 2(d) of this order in force for a
particular geographic area or in those cases where more stringent
requirements are deemed advisable for Federal facilities, the
respective Secretary, in consultation with appropriate Federal,
State, interstate, and local agencies, may issue regulations estab-
lishing air or water quality standards for the purpose of this
order, including related schedules for implementation.
(c) The heads of agencies, in consultation with the respective
Secretary, may from time to time identify facilities or uses
thereof which are to be exempted, including temporary relief,
from provisions of this order in the interest of national security or
in extraordinary cases where it is in the national interest. Such
exemptions shall be reviewed periodically by the respective Secre-
tary and the heads of the agencies concerned. A report on exemp-
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2166 LEGAL COMPILATION—GENERAL
tions granted shall be submitted to the Council on Environmental
Quality periodically.
Sec. 5. Procedures for abatement of air and water pollution at
existing Federal facilities, (a) Actions necessary to meet the re-
quirements of subsections (a) (1) and (b) of section 4 of this
order pertaining to air and water pollution at existing facilities
are to be completed or under way no later than December 31, 1972.
In cases where an enforcement conference called pursuant to law
or air and water quality standards require earlier actions, the
earlier date shall be applicable.
(b) In order to ensure full compliance with the requirements of
section 5 (a) and to facilitate budgeting for necessary corrective
and preventive measures, heads of agencies shall present to the
Director of the Bureau of the Budget by June 30, 1970, a plan to
provide for such improvements as may be necessary to meet the
required date. Subsequent revisions needed to keep any such plan
up-to-date shall be promptly submitted to the Director of the Bu-
reau of the Budget.
(c) Heads of agencies shall notify the respective Secretary as to
the performance specifications proposed for each facility to meet
the requirements of subsections 4 (a) (1) and (b) of this order.
Where the respective Secretary finds that such performance speci-
fications are not adequate to meet such requirements, he shall
consult with the agency head and the latter shall thereupon de-
velop adequate performance specifications.
(d) As may be found necessary, heads of agencies may submit
•requests to the Director of the Bureau of the Budget for exten-
sions of time for a project beyond the time specified in section
5(a). The Director, in consultation with the respective Secretary,
may approve such requests if the Director deems that such project
is not technically feasible or immediately necessary to meet the
requirements of subsections 4(a) and (b). Full justification as to
the extraordinary circumstances necessitating any such extension
shall be required.
(e) Heads of agencies shall not use for any other purpose any
of the amounts appropriated and apportioned for corrective and
preventive measures necessary to meet the requirements of
subsection (a) for the fiscal year ending June 30, 1971, and for
any subsequent fiscal year.
Sec. 6. Procedures for new Federal facilities, (a) Heads of agen-
cies shall ensure that the requirements of section 4 of this order
are considered at the earliest possible stage of planning for new
facilities.
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EXECUTIVE ORDERS 2167
(b) A request for funds to defray the cost of designing and
constructing new facilities in the United States shall be included
in the annual budget estimates of an agency only if such request
includes funds to defray the costs of such measures as may be
necessary to assure that the new facility will meet the require-
ments of section 4 of this order.
(c) Heads of agencies shall notify the respective Secretary as to
the performance specifications proposed for each facility when
action is necessary to meet the requirements of subsections 4 (a)
(1) and (b) of this order. Where the respective Secretary finds
that such performance specifications are not adequate to meet such
requirements he shall consult with the agency head and the latter
shall thereupon develop adequate performance specifications.
(d) Heads of agencies shall give due consideration to the qual-
ity of air and water resources when facilities are constructed or
operated outside the United States.
Sec. 7. Procedures for Federal water resources projects, (a) All
water resources projects of the Departments of Agriculture, the
Interior, and the Army, the Tennessee Valley Authority, and the
United States Section of the International Boundary and Water
Commission shall be consistent with the requirements of section 4
of this order. In addition, all such projects shall be presented for
the consideration of the Secretary of the Interior at the earliest
feasible stage if they involve proposals or recommendations with
respect to the authorization or constructio'n of any Federal water
resources project in the United States. The Secretary of the Inte-
rior shall review plans and supporting data for all such projects
relating to water quality, and shall prepare a report to the head of
the responsible agency describing the potential impact of the pro-
ject on water quality, including recommendations concerning any
changes or other measures with respect thereto which he considers
to be necessary in connection with the design, construction, and
operation of the project.
(b) The report of the Secretary of the Interior shall accompany
at the earliest practicable stage any report proposing authoriza-
tion or construction, or a request for funding, of such a water
resource project. In any case in which the Secretary of the Inte-
rior fails to submit a report within 90 days after receipt of project
plans, the head of the agency concerned may propose authoriza-
tion, construction, or funding of the project without such an ac-
companying report. In such a case, the head of the agency con-
cerned shall explicitly state in his request or report concerning the
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2168 LEGAL COMPILATION—GENERAL
project that the Secretary of the Interior has not reported on the
potential impact of the project on water quality-
Sec. 8. Saving provisions. Except to the extent that they are
inconsistent with this order, all outstanding rules, regulations,
orders, delegations, or other forms of administrative action issued,
made, or otherwise taken under the orders superseded by section 9
hereof or relating to the subject of this order shall remain in full
force and effect until amended, modified, or terminated by proper
authority.
Sec. 9. Orders Superseded. Executive Order No. 11282 of May
26, 1966, and Executive Order No. 11288 of July 2, 1966, are
hereby superseded.
RICHARD NIXON
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EXECUTIVE ORDERS 2169
2.4 E.G. 11514, PROTECTION AND ENHANCEMENT OF
ENVIRONMENTAL QUALITY
March 5, 1970, 35 Fed. Reg. 4247 (1970)
PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY
By virtue of the authority vested in me as President of the
United States and in furtherance of the purpose and policy of the
National Environmental Policy Act of 1969 (Public Law No.
91-190, approved January 1,1970), it is ordered as follows:
Section 1. Policy. The Federal Government shall provide lead-
ership in protecting and enhancing the quality of the Nation's
environment to sustain and enrich human life. Federal agencies
shall initiate measures needed to direct their policies, plans and
programs so as to meet national environmental goals. The Council
on Environmental Quality, through the Chairman, shall advise
and assist the President in leading this national effort.
Sec. 2. Responsibilities of Federal agencies. Consonant with
Title I of the National Environmental Policy Act of 1969, hereaf-
ter referred to as the "Act", the heads of Federal agencies shall:
(a) Monitor, evaluate, and control on a continuing basis their
agencies' activities so as to protect and enhance the quality of the
environment. Such activities shall include those directed to con-
trolling pollution and enhancing the environment and those de-
signed to accomplish other program objectives which may affect
the quality of the environment. Agencies shall develop programs
and measures to protect and enhance environmental quality and
shall assess progress in meeting the specific objectives of such
activities. Heads of agencies shall consult with appropriate Fed-
eral, State and local agencies in carrying out their activities as
they affect the quality of the environment.
(b) Develop procedures to ensure the fullest practicable provi-
sion of timely public information and understanding of Federal
plans and programs with environmental impact in order to obtain
the views of interested parties. These procedures shall include,
whenever appropriate, provision for public hearings, and shall
provide the public with relevant information, including informa-
tion on alternative courses of action. Federal agencies shall also
encourage State and local agencies to adopt similar procedures for
informing the public concerning their activities affecting the qual-
ity of the environment.
(c) Insure that information regarding existing or potential en-
vironmental problems and control methods developed as part of
research, development, demonstration, test, or evaluation activities
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2170 LEGAL COMPILATION—GENERAL
is made available to Federal agencies, States, counties, municipali-
ties, institutions, and other entities, as appropriate.
(d) Review their agencies' statutory authority, administrative
regulations, policies, and procedures, including those relating to
loans, grants, contracts, leases, licenses, or permits, in order to
identify any deficiencies or inconsistencies therein which prohibit
or limit full compliance with the purposes and provisions of the
Act. A report on this review and the corrective actions taken or
planned, including such measures to be proposed to the President
as may be necessary to bring their authority and policies into
conf ormance with the intent, purposes, and procedures of the Act,
shall be provided to the Council on Environmental Quality not
later than September 1,1970.
(e) Engage in exchange of data and research results, and coop-
erate with agencies of other governments to foster the purposes of
the Act.
(f) Proceed, in coordination with other agencies, with actions
required by section 102 of the Act.
Sec. 3. Responsibilities of Council on Environmental Quality.
The Council on Environmental Quality shall:
(a) Evaluate existing and proposed policies and activities of the
Federal Government directed to the control of pollution and the
enhancement of the environment and to the accomplishment of
other objectives which affect the quality of the environment. This
shall include continuing review of procedures employed in the
development and enforcement of Federal standards affecting envi-
ronmental quality. Based upon such evaluations the Council shall,
where appropriate, recommend to the President policies and pro-
grams to achieve more effective protection and enhancement of
environmental quality and shall, where appropriate, seek resolu-
tion of significant environmental issues.
(b) Recommend to the President and to the agencies priorities
among programs designed for the control of pollution and for
enhancement of the environment.
(c) Determine the need for new policies and programs for deal-
ing with environmental problems not being adequately addressed.
(d) Conduct, as it determines to be appropriate, public hearings
or conferences on issues of environmental significance.
(e) Promote the development and use of indices and monitoring
systems (1) to assess environmental conditions and trends, (2) to
predict the environmental impact of proposed public and private
actions, and (3) to determine the effectiveness of programs for
protecting and enhancing environmental quality.
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EXECUTIVE ORDERS 2171
(f) Coordinate Federal programs related to environmental
quality.
(g) Advise and assist the President and the agencies in achiev-
ing international cooperation for dealing with environmental
problems, under the foreign policy guidance of the Secretary of
State.
(h) Issue guidelines to Federal agencies for the preparation of
detailed statements on proposals for legislation and other Federal
actions affecting the environment, as required by section
102 (2) (C) of the Act.
(i) Issue such other instructions to agencies, and request such
reports and other information from them, as may be required to
carry out the Council's responsibilities under the Act.
(j) Assist the President in preparing the annual Environmental
Quality Report provided for in section 201 of the Act.
(k) Foster investigations, studies, surveys, research, and analy-
ses relating to (i) ecological systems and environmental quality,
(ii) the impact of new and changing technologies thereon, and
(iii) means of preventing or reducing adverse effects from such
technologies.
Sec. 4. Amendments of E.G. 11472. Executive Order No. 11472
of May 29, 1969, including the heading thereof, is hereby
amended:
(1) By substituting for the term "the Environmental Quality
Council", wherever it occurs, the following: "the Cabinet Commit-
tee on the Environment".
(2) By substituting for the term "the Council", wherever it
occurs, the following: "the Cabinet Committee".
(3) By inserting in subsection (f) of section 101, after
"Budget,", the following: "the Director of the Office of Science
and Technology,".
(4) By substituting for subsection (g) of section 101 the fol-
lowing :
" (g) The Chairman of the Council on Environmental Quality
(established by Public Law 91-190) shall assist the President in
directing the affairs of the Cabinet Committee."
(5) By deleting subsection (c) of section 102.
(6) By substituting for "the Office of Science and Technology",
in section 104, the following: "the Council on Environmental
Quality (established by Public Law 91-190)".
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2172 LEGAL COMPILATION—GENERAL
(7) By substituting for " (hereinafter referred to as the 'Com-
mittee')", in section 201, the following: "(hereinafter referred to
as the 'Citizens' Committee')".
(8) By substituting for the term "the Committee", wherever it
occurs, the following: "the Citizens' Committee".
RICHARD NIXON
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EXECUTIVE ORDERS 2173
2.5 E.O. 11575, ADMINISTRATION OF DISASTER RELIEF
ACT OF 1970, AS AMENDED BY E.O. 11662,
MARCH 29, 1972
37 Fed. Reg. 6563 (I.72)
EXECUTIVE ORDER NO. 11575
Dec. 31,1970, 36 F.R. 37, as amended by Ex.Ord.No.11662,
Mar. 29, 1972, 37 F.R. 6563
ADMINISTRATION OF CHAPTER
By virtue of the authority vested in me by the Disaster Relief
Act of 1970, as amended, hereinafter referred to as the Act [this
chapter], and section 301 of title 3 of the United States Code
[section 301 of Title 3, The President], and as President of the
United States, it is hereby ordered as follows:
Section 1. (a) The authorities vested in the President by section
102(1) of the Act [section 4402(1) of this title] to declare a major
disaster, by section 251 of the Act [section 4481 of this title] to
provide for the restoration of Federal Facilities, and by section
253 of the Act [section 4483 of this title] to prescribe time limits
for granting priorities for certain public facilities and certain
public housing assistance are reserved to the President.
(b) Except as otherwise provided in subsections (a), (c), and
(d) of this section, the Director of the Office of Emergency Pre-
paredness is designated and empowered to exercise, without the
approval, ratification, or other action of the President, all of the
authority vested in the President by the Act.
(c) The Secretary of Defense is designated and empowered to
exercise, without the approval, ratification, or other action of the
President, all of the authority vested in the President by section
210 of the Act [section 4420 of this title] concerning the utiliza-
tion and availability of the civil defense communications system
for the purpose of disaster warnings.
(d) The Secretary of Agriculture is designated and empowered
to exercise, without the approval, ratification, or other action of
the President, all of the authority vested in the President by sec-
tion 238 of the Act [section 4457 of this title] concerning food
coupons and surplus commodities.
Sec. 2. The Director of the Office of Emergency Preparedness
may delegate or assign to the head of any agency of the executive
branch of the Government, subject to the consent of the agency
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2174 LEGAL COMPILATION—GENERAL
head concerned in each case, any authority or function delegated
or assigned to the Director by the provisions of this order. Any
such head or agency may redelegate any authority or function so
delegated or assigned to him by the Director to any officer or
employee subordinate to such head of agency whose appointment
is required to be made by and with the advice and consent of the
Senate.
Sec. 3. Rules, regulations, procedures, and documents issued
under the authority of the Act of September 30, 1950 (64 Stat.
1109); the Disaster Relief Act of 1966 (80 Stat. 1316); and the
Disaster Relief Act of 1969 (83 Stat. 125) shall remain in effect
for purposes of the Act unless otherwise modified, superseded, or
revoked by the appropriate Federal official, and, unless inappropri-
ate, all references in those rules, regulations, procedures, and docu-
ments or in any Executive order or other document to the Act of
September 30, 1950, the Disaster Relief Act of 1966, or the Dis-
aster Relief Act of 1969 shall be deemed to be references to the
Act.
Sec. 4. In order to assure the most effective utilization of the
personnel, equipment, supplies, facilities, and other resources of
Federal agencies pursuant to the Act, agencies shall make and
maintain suitable plans and preparations in anticipation of their
responsibilities in the event of a major disaster. The Director of
the Office of Emergency Preparedness shall coordinate, on behalf
of the President, such plans and preparations.
Sec. 5. Executive Order No. 10427 of January 16, 1953, Execu-
tive Order No. 10737 of October 29, 1957, and Executive Order
No. 11495 of November 18, 1969, are hereby revoked. Unless inap-
propriate, any reference to those Executive orders in any rule,
regulation, procedure, document, or other Executive order, shall
be deemed to be a reference to this Executive order.
RICHARD NIXON
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EXECUTIVE ORDERS 2175
2.6 E.G. 11587, PLACING CERTAIN POSITIONS IN
LEVELS IV AND V OF THE FEDERAL EXECUTIVE
SALARY SCHEDULE
March 15, 1971, 36 Fed. Reg. 475 (1971)
AMENDING EXECUTIVE ORDER No. 11248, PLACING CERTAIN POSI-
TIONS IN LEVELS IV AND V OF THE FEDERAL EXECUTIVE SALARY
SCHEDULE
By virtue of the authority vested in me by section 5317 of title 5
of the United States Code, as amended, section 2 of Executive
Order No. 11248 1 of October 10, 1965, as amended, placing certain
positions in level V of the Federal Executive Salary Schedule, is
further amended by substituting for the words "Commissioner,
Federal Water Pollution Control Administration, Department of
the Interior," in item (8) thereof, the words "Commissioner,
Water Quality Office, Environmental Protection Agency."
RICHARD NIXON
1 30 F.R. 12999; 3 CFR, 1964-1965 Comp., p. 349.
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2176 LEGAL COMPILATION—GENERAL
2.7 E.O. 11628, ESTABLISHING A SEAL FOR THE
ENVIRONMENTAL PROTECTION AGENCY
October 18, 1971, 36 Fed. Reg. 20285 (1971)
ESTABLISHING A SEAL FOR THE ENVIRONMENTAL PROTECTION
AGENCY
The Administrator of the Environmental Protection Agency has
caused to be made, and has recommended that I approve, a seal for
the Environmental Protection Agency, the design of which ac-
companies and is hereby made a part of this order, and which is
described as follows:
A flower with a bloom which is symbolic of all the elements of
the environment. The bloom is a sphere, the component parts of
which represent the blue sky, green earth, blue-green water. A
white circle within the sphere denotes either the sun or the moon.
All are symbolic of a clean environment and are superimposed on
a disc with a white background, circled by the title "UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY" in blue
letters.
It appears that such seal is of suitable design and appropriate
for adoption as the offifficial seal of the Environmental Protection
Agency:
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States, I hereby approve such seal as the
official seal of the Environmental Protection Agency.
RICHARD NIXON
/
5
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EXECUTIVE ORDERS 2177
2.8 E.O. 11222, STANDARDS OF ETHICAL CONDUCT FOR
GOVERNMENT OFFICERS AND EMPLOYEES
May 8, 1965, 30 Fed. Reg. 6469 (1965)
STANDARDS OF ETHICAL CONDUCT FOE GOVERNMENT OFFICERS
AND EMPLOYEES
By virtue of the authority vested in me by Section 301 of Title 3
of the United States Code [section 301 of Title 3, The President],
and as President of the United States, it is hereby ordered as
follows:
Part I—Policy
Section 101. Where government is based on the consent of the
governed, every citizen is entitled to have complete confidence in
the integrity of his government. Each individual officer, employee,
or adviser of government must help to earn and mtfst honor that
trust by his own integrity and conduct in all official actions.
Part II—Standards of Conduct
Section 201. (a) Except in accordance with regulations issued
pursuant to subsection (b) of this section, no employee shall solicit
or accept, directly or indirectly, any gift, gratuity, favor, enter-
tainment, loan, or any other thing of monetary value, from any
person corporation, or group which—
(1) has, or is seeking to obtain, contractual or other business or
financial relationships with his agency;
(2) conducts operations or activities which are regulated by his
agency; or
(3) has interests which may be substantially affected by the
performance or nonperformance of his official duty.
(b) Agency heads are authorized to issue regulations, coordi-
nated and approved by the Civil Service Commission, implement-
ing the provisions of subsection (a) of this section and to provide
for such exceptions therein as may be necessary and appropriate
in view of the nature of their agency's work and the duties and
responsibilities of their employees. For example, it may be appro-
priate to provide exceptions (1) governing obvious family or per-
sonal relationships where the circumstances make it clear that it
is those relationships rather than the business of the persons con-
cerned which are the motivating factors—the clearest illustration
being the parents, children or spouses of federal employees; (2)
permitting acceptance of food and refreshments available in the
ordinary course of a luncheon or dinner or other meeting or on
inspection tours where an employee may properly be in attend-
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2178 LEGAL COMPILATION—GENERAL
ance; or (3) permitting acceptance of loans from banks or other
financial institutions on customary terms to finance proper and
usual activities of employees, such as home mortgage loans. This
section shall be effective upon issuance of such regulations.
(c) It is the intent of this section that employees avoid any
action, whether or not specifically prohibited by subsection (a),
which might result in, or create the appearance of—
(1) using public office for private gain;
(2) giving preferential treatment to any organization or per-
son;
(3) impeding government efficiency or economy;
(4) losing complete independence or impartiality of action;
(5) making a government decision outside official channels; or
(6) affecting adversely the confidence of the public in the integ-
rity of the Government.
Sec. 202. An employee shall not engage in any outside employ-
ment, including teaching, lecturing, or writing, which might result
in a conflict, or an apparent conflict, between the private interests
of the employee and his official government duties and responsibil-
ities, although such teaching, lecturing, and writing by employees
are generally to be encouraged so long as the laws, the provisions
of this order, and Civil Service Commission and agency regula-
tions covering conflict of interest and outside employment are
observed.
Sec. 203. Employees may not (a) have direct or indirect finan-
cial interests that conflict substantially, or appear to conflict sub-
stantially, with their responsibilities and duties as Federal em-
ployees, or (b) engage in, directly or indirectly, financial transac-
tions as a result of, or primarily relying upon, information ob-
tained through their employment. Aside from these restrictions,
employees are free to engage in lawful financial transactions to
the same extent as private citizens. Agencies may, however, fur-
ther restrict such transactions in the light of the special circum-
stances of their individual missions.
Sec. 204. An employee shall not use Federal property of any
kind for other than officially approved activities. He must protect
and conserve all Federal property, including equipment and sup-
plies, entrusted or issued to him.
Sec. 205. An employee shall not directly or indirectly make use
of, or permit others to make use of, for the purpose of furthering
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EXECUTIVE ORDERS 2179
a private interest, official information not made available to the
general public.
Sec. 206. An employee is expected to meet all just financial
obligations, especially those—such as Federal, State, or local taxes
—which are imposed by law.
Part III—Standards of Ethical Conduct for Special Government Employees
Section 301. This part applies to all "special Government em-
ployees" as defined in Section 202 of Title 18 of the United States
Code [section 202 of this title], who are employed in the Execu-
tive Branch.
Sec. 302. A consultant, adviser or other special Government
employee must refrain from any use of his public office which is
motivated by, or gives the appearance of being motivated by, the
desire for private gain for himself or other persons, including
particularly those with whom he has family, business, or financial
ties.
Sec. 303. A consultant, adviser, or other special Government
employee shall not use any inside information obtained as a result
of his government service for private personal gain, either by
direct action on his part or by counsel, recommendations or
suggestions to others, including particularly those with whom he
has family, business, or financial ties.
Sec. 304. An adviser, consultant, or other special Government
employee shall not use his position in any way to coerce, or give
the appearance of coercing, another person to provide any finan-
cial benefit to him or persons with whom he has family, business,
or financial ties.
Sec. 305. An adviser, consultant, or other special Government
employee shall not receive or solicit from persons having business
with his agency anything of value as a gift, gratuity, loan or favor
for himself or persons with whom he has family, business, or
financial ties while employed by the government or in connection
with his work with the government.
Sec. 306. Each agency shall, at the time of employment of a
consultant, adviser, or other special Government employee require
him to supply it with a statement of all other employment. The
statement shall list the names of all the corporations, companies,
firms, State or local governmental organizations, research organi-
zations and educational or other institutions in which he is serving
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2180 LEGAL COMPILATION—GENERAL
as employee, officer, member, owner, director, trustee, adviser, or
consultant. In addition, it shall list such other financial informa-
tion as the appointing department or agency shall decide is rele-
vant in the light of the duties the appointee is to perform. The
appointee may, but need not, be required to reveal precise amounts
of investments. The statement shall be kept current throughout
the period during which the employee is on the Government rolls.
Part IV—Reporting of Financial Interests
Section 401. (a) Not later than ninety days after the date of
this order, the head of each agency, each Presidential appointee in
the Executive Office of the President who is not subordinate to the
head of an agency in that Office, and each full-time member of a
committee, board, or commission appointed by the President, shall
submit to the Chairman of the Civil Service Commission a state-
ment containing the following:
(1) A list of the names of all corporations, companies, firms, or
other business enterprises, partnerships, nonprofit organizations,
and educational or other institutions—
(A) with which he is connected as an employee, officer, owner,
director, trustee, partner, adviser, or consultant; or
(B) in which he has any continuing financial interests, through
a pension or retirement plan, shared income, or otherwise, as a
result of any current or prior employment or business or profes-
sional association; or
(C) in which he has any financial interest through the owner-
ship of stocks, bonds, or other securities.
(2) A list of the names of his creditors, other than those to
whom he may be indebted by reason of a mortgage on property
which he occupies as a personal residence or to whom he may be
indebted for current and ordinary household and living expenses.
(3) A list of his interests in real property or rights in lands,
other than property which he occupies as a personal residence.
(b) Each person who enters upon duty after the date of this
order in an office or position as to which a statement is required
by this section shall submit such statement not later than thirty
days after the date of his entrance on duty.
(c) Each statement required by this section shall be kept up to
date by submission of amended statements of any changes in, or
additions to, the information required to be included in the origi-
nal statement, on a quarterly basis.
Sec. 402. The Civil Service Commission shall prescribe regula-
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EXECUTIVE ORDERS 2181
tions, not inconsistent with this part, to require the submission of
statements of financial interests by such employees, subordinate to
the heads of agencies, as the Commission may designate. The
Commission shall prescribe the form and content of such state-
ments and the time or times and places for such submission.
Sec. 403. (a) The interest of a spouse, minor child, or other
member of his immediate household shall be considered to be an
interest of a person required to submit a statement by or pursuant
to this part.
(b) In the event any information required to be included in a
statement required by or pursuant to this part is not known to the
person required to submit such statement but is known to other
persons, the person concerned shall request such other persons to
submit the required information on his behalf.
(c) This part shall not be construed to require the submission of
any information relating to any person's connection with, or inter-
est in, any professional society or any charitable, religious, social,
fraternal, educational, recreational, public service, civic or politi-
cal organization or any similar organization not conducted as a
business enterprise and which is not engaged in the ownership or
conduct of a business enterprise.
Sec. 404. The Chairman of the Civil Service Commission shall
report to the President any information contained in statements
required by Section 401 of this part which may indicate a conflict
between the financial interests of the official concerned and the
performance of his services for the Government. The Commission
shall report, or by regulation require reporting, to the head of the
agency concerned any information contained in statements sub-
mitted pursuant to regulations issued under Section 402 of this
part which may indicate a conflict between the financial interests
of the officer or employee concerned and the performance of his
services for the Government.
Sec. 405. The statements and amended statements required by
or pursuant to this part shall be held in confidence, and no infor-
mation as to the contents thereof shall be disclosed except as the
Chairman of the Civil Service Commission or the head of the
agency concerned may determine for good cause shown.
Sec. 406. The statements and amended statements required by
or pursuant to this part shall be in addition to, and not in substi-
tution for, or in derogation of, any similar requirement imposed
by law, regulation, or order. The submission of a statement or
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2182 LEGAL COMPILATION—GENERAL
amended statements required by or pursuant to this part shall not
be deemed to permit any person to participate in any matter in
which his participation is prohibited by law, regulation, or order.
Part V—Delegating Authority of the President Under Sections 205 and 208
of Title 18 of the United States Code Relating to Conflicts of Interest
Section 501. As used in this part, "department" means an execu-
tive department, "agency" means an independent agency or estab-
lishment or a Government corporation, and "head of an agency"
means, in the case of an agency headed by more than one person,
the chairman or comparable member of such agency.
Sec. 502. There is delegated, in accordance with and to the
extent prescribed in Sections 503 and 504 of this part, the author-
ity of the President under Sections 205 and 208 (b) of Title 18,
United States Code [sections 205 and 208(b) of this title], to
permit certain actions by an officer or employee of the Govern-
ment, including a special Government employee, for appointment
to whose position the President is responsible.
Sec. 503. Insofar as the authority of the President referred to in
Section 502 extends to any appointee of the President subordinate
to or subject to the chairmanship of the head of a department or
agency, it is delegated to such department or agency head.
Sec. 504. Insofar as the authority of the President referred to in
Section 502 extends to an appointee of the President who is within
or attached to a department or agency for purposes of administra-
tion, it is delegated to the head of such department or agency.
Sec. 505. Notwithstanding any provision of the preceding sec-
tions of this part to the contrary, this part does not include a
delegation of the authority of the President referred to in Section
502 insofar as it extends to:
(a) The head of any department or agency in the Executive
Branch;
(b) Presidential appointees in the Executive Office of the Presi-
dent who are not subordinate to the head of an agency in that
Office; and
(c) Presidential appointees to committees, boards, commissions,
or similar groups established by the President.
Part VI—Providing for the Performance by the Civil Service Commission of
Certain Authority Vested in the President by Section 1753 of the Revised
Statutes
Section 601. The Civil Service Commission is designated and
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EXECUTIVE ORDERS 2183
empowered to perform, without the approval, ratification, or other
action of the President, so much of the authority vested in the
President by Section 1753 of the Revised Statutes of the United
States (5 U.S.C. 631) [now covered by sections 3301 and 7301 of
Title 5, Government Organization and Employees] as relates to
establishing regulations for the conduct of persons in the civil
service.
Sec. 602. Regulations issued under the authority of Section 601
shall be consistent with the standards of ethical conduct provided
elsewhere in this order.
Part VII—General Provisions
Section 701. The Civil Service Commission is authorized and
directed, in addition to responsibilities assigned elsewhere in this
order:
(a) To issue appropriate regulations and instructions imple-
menting Parts II, III, and IV of this order;
(b) To review agency regulations from time to time for con-
f ormance with this order; and
(c) To recommend to the President from time to time such
revisions in this order as may appear necessary to ensure the
maintenance of high ethical standards within the Executive
Branch.
Sec. 702. Each agency head is hereby directed to supplement the
standards provided by law, by this order, and by regulations of
the Civil Service Commission with regulations of special applica-
bility to the particular functions and activities of his agency. Each
agency head is also directed to assure (1) the widest possible
distribution of regulations issued pursuant to this section, and (2)
the availability of counseling for those employees who request
advice or interpretation.
Sec. 703. The following are hereby revoked:
(a) Executive Order No. 10939 of May 5,1961.
(b) Executive Order No. 11125 of October 29,1963.
(c) Section 2(a) of Executive Order No. 10530 of May 10, 1954.
(d) White House memorandum of July 20, 1961, on "Standards
of Conduct for Civilian Employees."
(e) The President's Memorandum of May 2, 1963, "Preventing
Conflicts of Interest on the Part of Special Government Employ-
ees." The effective date of this revocation shall be the date of
issuance by the Civil Service Commission of regulations under
Section 701 (a) of this order.
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2184 LEGAL COMPILATION—GENERAL
Sec. 704. All actions heretofore taken by the President or by his
delegates in respect of the matters affected by this order and in
force at the time of the issuance of this order, including any
regulations prescribed or approved by the President or by his
delegates in respect of such matters, shall, except as they may be
inconsistent with the provisions of this order or terminate by
operation of law, remain in effect until amended, modified, or
revoked pursuant to the authority conferred by this order.
Sec. 705. As used in this order, and except as otherwise specifi-
cally provided herein, the term "agency" means any executive
department, or any independent agency or any Government corpo-
ration ; and the term "employee" means any officer or employee of
an agency.
LYNDON B. JOHNSON
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EXECUTIVE ORDERS 2185
2.9 E.G. 11667, ESTABLISHING THE PRESIDENT'S
ADVISORY COMMITTEE ON THE ENVIRONMENTAL
MERIT AWARDS PROGRAM
April 20, 1972, 37 Fed. Reg. 7763 (1972)
On October 31, 1971,1 announced the establishment of the Pres-
ident's Environmental Merit Awards Program. The Administrator
of the Environmental Protection Agency and the Commissioner of
Education sent letters to high school principals inviting them to
participate in this program by establishing local tripartite com-
mittees to supervise and direct local Environmental Merit Awards
Programs, and to make awards to individual students or groups of
students for significant environmental accomplishments by them.
These committees were to be composed of students, faculty and
interested members of the community.
Today, more than 2,500 high schools, including schools in each
of the 50 States, are actively involved in this program.
In view of this encouraging response, I have concluded that I
should establish a national committee to advise me of ways in
which this program can be further expanded and enhanced and of
other ways in which the environmental accomplishments of indi-
viduals and groups may be appropriately recognized.
NOW, THEREFORE, by virtue of the authority vested in me
by the Constitution and laws of the United States, it is hereby
ordered as follows:
SECTION 1. (a) There is hereby established the President's Ad-
visory Committee on the Environmental Merit Awards Program.
The Committee shall be composed of a Chairman, to be designated
by the President, and such members as the President may, from
time to time, appoint.
(b) The Committee shall advise the President and the Adminis-
trator of the Environmental Protection Agency on ways in which
the Environmental Merit Awards Program can be expanded and
enhanced. The Committee shall select individuals or groups of
individuals who deserve special recognition for their local environ-
mental accomplishments and confer appropriate Environmental
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2186 LEGAL COMPILATION—GENERAL
Merit Awards upon them on behalf of the President. The Commit-
tee shall perform such other related functions as the President
may, from time to time, specify.
SEC. 2. No member of the Committee shall receive compensation
from the United States by reason of service as a member of the
Committee but such members may be allowed such travel ex-
penses, including per diem in lieu of subsistence, as may be au-
thorized by law.
SEC. 3. The Environmental Protection Agency shall provide, to
the extent permitted by law, administrative support for the Com-
mittee and the Environmental Merit Awards Program.
RICHARD NIXON.
-------
Regulations
-------
-------
REGULATIONS 2189
[Regulations may be found in full text in the Code of Federal Regulations.
They are cited below for your convenience.]
3.1 Reorganization and Republication, Environmental Protec-
tion Agency, 36 Fed. Reg. 22369 (1971).
3.2 Statement of Organization and General Information, Envi-
ronmental Protection Agency, 40 C.F.R. §§1.1-1.43 (1972).
3.3 Public Information, Environmental Protection Agency, 40
C.F.R. §§2.100-2.111 (1972).
3.4 Employee Responsibilities and Conduct, Environmental Pro-
tection Agency, 40 C.F.R. §§3.735-101—3.735-107 (1971).
3.5 Interim Regulations and Procedures for Implementing the
Uniform Relocation Assistance and Real Property Acquisi-
tion Policies Act of 1970, Environmental Protection Agency,
40 C.F.R. §§4.1-4.263 (1971).
3.6 Tuition Fees for Direct Training, Environmental Protection
Agency, 40 C.F.R. §§5.1-5.7 (1972).
3.7 Certification of Facilities, Environmental Protection Agency,
40 C.F.R. §§20.1-20.10 (1971).
3.8 General Grants Regulations and Procedures, Environmental
Protection Agency, 40 C.F.R. §§30.100-30.1001.3 (1972).
3.9 State and Local Assistance, Environmental Protection
Agency, 40 C.F.R. §§35.400-35.420 (1972).
3.10 Security Classification Regulation, Environmental Protec-
tion Agency, 41 C.F.R. §§11.1-11.6 (1972).
3.11 General, Environmental Protection Agency, 41 C.F.R. §§15-
1.000—15-1.5301 (1972).
3.12 Procurement by Formal Advertising, Environmental Protec-
tion Agency, 41 C.F.R. §§15-2.406-3—15-2.407-8 (1972).
3.13 Procurement by Negotiations, Environmental Protection
Agency, 41 C.F.R. §§15-3.51, 15-3.103, 15-3.405, 15-3.405-3,
15-3.600—15-3.606, 15-3.805, 15-3.808 (1972).
3.14 Special Types and Methods of Procurement, Environmental
Protection Agency, 41 C.F.R. §§15-4.5300—15-4.5303
(1972).
3.15 Procurement Forms, Environmental Protection Agency, 41
C.F.R. §15-16.553-1 (1972).
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2190 LEGAL COMPILATION—GENERAL
3.16 Transportation, Environmental Protection Agency, 41 C.F.R.
§§15-19.302—15-19.305 (1972).
3.17 Amortization of Pollution Control Facilities, Internal Reve-
nue Service, 26 C.F.R. §1.169 (1972).
3.18 Temporary Income Tax Regulations Under the Tax Reform
Act of 1969, Internal Revenue Service, 26 C.F.R. §§1.179-1,
1.642(f),1.642(f)-l (1971).
3.19 Introduction, Environmental Protection Agency, 41 C.F.R.
§§115-1.100—115-1.110 (1971).
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Guidelines
and
Reports
-------
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GUIDELINES AND REPORTS 2193
4.1 THE PRESIDENT'S ENVIRONMENTAL PROGRAM
4.1a The President's 1971 Environmental Program, compiled by
the Council on Environmental Quality, March 1971, pp. 1-205.
I. THE PRESIDENT'S MESSAGE ON THE ENVIRONMENT, FEBRUARY
8,1971
[P.I]
To the Congress of the United States:
Last August I sent to the Congress the first annual report on
the state of the nation's environment. In my message of transmit-
tal, I declared that the report "describes the principal problems we
face now and can expect to face in the future, and it provides us
with perceptive guidelines for meeting them. . . . They point the
directions in which we must move as rapidly as circumstances
permit."
The comprehensive and wide-ranging- action program I propose
today builds upon the 37-point program I submitted to the Con-
gress a year ago. It builds upon the progress made in the past
year, and draws upon the experience gained in the past year .It
gives us the means to ensure that, as a nation, we maintain the
initiative so vigorously begun in our shared campaign to save and
enhance our surroundings. This program includes:
Measures to strengthen pollution control programs
—Charges on sulfur oxides and a tax on lead in gasoline to supple-
ment regulatory controls on air pollution
—More effective control of water pollution through a $12 billion
national program and strengthened standard-setting and en-
forcement authorities
—Comprehensive improvement in pesticide control authority
—A Federal procurement program to encourage recycling of
paper
Measures to control emerging problems
—Regulation of toxic substances
—Regulation of noise pollution
—Controls on ocean dumping
Measures to promote environmental quality in land use decisions
—A national land use policy
—A new and greatly expanded open space and recreation pro-
gram, bringing parks to the people in urban areas
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2194 LEGAL COMPILATION—GENERAL
—Preservation of historic buildings through tax policy and
other incentives
—Substantial expansion of the wilderness areas preservation sys-
tem
—Advance public agency approval of power plant sites and
transmission line routes
—Regulation of environmental effects of surface and under-
ground mining
Further institutional improvement
—Establishment of an Environmental Institute to conduct studies
and recommend policy alternatives
Toward a better world, environment
—Expanded international cooperation
—A World Heritage Trust to preserve parks and areas of
unique cultural value throughout the world
[p. 3]
1970—A YEAR OF PROGRESS
The course of events in 1970 has intensified awareness of and
concern about environmental problems. The news of more wide-
spread mercury pollution, late summer smog alerts over much of
the East Coast, repeated episodes of ocean dumping and oil spills,
and unresolved controversy about important land use questions
have dramatized with disturbing regularity the reality and extent
of these problems. No part of the United States has been free
from them, and all levels of government—Federal, State and local
—have joined in the search for solutions. Indeed, there is a grow-
ing trend in other countries to view the severity and complexity of
environmental problems much as we do.
There can be no doubt about our growing national commitment
to find solutions. Last November voters approved several billion
dollars in State and local bond issues for environmental purposes,
and Federal funds for these purposes are at an all time high.
The program I am proposing today will require some adjust-
ments by governments at all levels, by our industrial and business
community, and by the public in order to meet this national com-
mitment. But as we strive to expand our national effort, we must
also keep in mind the greater cost of not pressing ahead. The
battle for a better environment can be won, and we are winning it.
With the program I am outlining in this message we can obtain
new victories and prevent problems from reaching the crisis stage.
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GUIDELINES AND REPORTS 2195
During 1970, two new organizations were established to provide
Federal leadership for the Nation's campaign to improve the envi-
ronment. The Council on Environmental Quality in the Executive
Office of the President has provided essential policy analysis and
advice on a broad range of environmental problems, developing
many of our environmental initiatives and furnishing guidance in
carrying out the National Environmental Policy Act, which re-
quires all Federal agencies to devote specific attention to the envi-
ronmental impact of their actions and proposals. Federal pollution
control programs have been consolidated in the new Environmen-
tal Protection Agency. This new agency is already taking strong
action to combat pollution in air and water and on land.
—I have requested in my 1972 budget $2.45 billion for the
programs of the Environmental Protection Agency—nearly
double the funds appropriated for these programs in 1971.
These funds will provide for the expansion of air and water
pollution, solid waste, radiation and pesticide control pro-
grams and for carrying out new programs.
In my special message on the Environment last February, I set
forth a comprehensive program to improve existing laws on air
and water pollution, to encourage recycling of materials and to
provide greater recreational opportunities for our people. We have
been able to institute some of these measures by executive branch
[p. 4]
action. While unfortunately there was no action on my water
quality proposals, we moved ahead to make effective use of exist-
ing authorities through the Refuse Act water quality permit pro-
gram announced in December. New air pollution control legisla-
tion, which I signed on the last day of 1970, embodies all of my
recommendations and reflects strong bipartisan teamwork be-
tween the administration and the Congress—teamwork which will
be needed again this year to permit action on the urgent environ-
mental problems discussed in this message.
We musl have action to meet the needs of today if we would
have the kind of environment the nation demands for tomorrow.
I. STRENGTHENING POLLUTION CONTROL PROGRAMS
The Clean Air Amendments of 1970 have greatly strengthened
the Federal-State air quality program. We shall vigorously admin-
ister the new program, but propose to supplement it with mea-
sures designed to provide a strong economic stimulus to achieve
the pollution reduction sought by the program.
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2196 LEGAL COMPILATION—GENERAL
AIR POLLUTION
Sulfur Oxides Emissions Charge
Sulfur oxides are among the most damaging air pollutants.
High levels of sulfur oxides have been linked to increased inci-
dence of diseases such as bronchitis and lung cancer. In terms of
damage to human health, vegetation and property, sulfur oxide
emissions cost society billions of dollars annually.
Last year in my State of the Union message I urged that the
price of goods "should be made to include the cost of producing
and disposing of them without damage to the environment." A
charge on sulfur emitted into the atmosphere would be a major
step in applying the principle that the costs of pollution should be
included in the price of the product. A staff study underway indi-
cates the feasibility of such a charge system.
—Accordingly, I have asked the Chairman of the Council on
Environmental Quality and the Secretary of the Treasury to
develop a Clean Air Emissions Charge on emissions of sulfur
oxides. Legislation will be submitted to the Congress upon
completion of the studies currently underway.
The funds generated by this charge would enable the Federal
Government to expand programs to improve the quality of the
environment. Special emphasis would be given to developing and
demonstrating technology to reduce sulfur oxides emissions and
programs to develop adequate clean energy supplies. My 1972
budget provides increased funds for these activities. They will
continue to be emphasized in subsequent years.
[P. 5]
These two measures—the sulfur oxides emissions charge and
expanding environmental programs—provide both the incentive
for improving the quality of our environment and the means of
doing so.
Leaded Gasoline
Leaded gasolines interfere with effective emission control.
Moreover, the lead particles are, themselves, a source of poten-
tially harmful lead concentrations in the environment. The new
air quality legislation provides authority, which I requested, to
regulate fuel additives, and I have recently initiated a policy of
using unleaded or low-lead gasoline in Federal vehicles whenever
possible. But further incentives are needed. In 1970, I recom-
mended a tax on lead used in gasoline to bring about a gradual
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GUIDELINES AND REPORTS 2197
transition to the use of unleaded gasoline. This transition is essen-
tial if the automobile emission control standards scheduled to come
into effect for the 1975 model automobiles are to be met at reason-
able cost.
—I shall again propose a special tax to make the price of un-
leaded gasoline lower than the price of leaded gasoline. Legis-
lation will be submitted to the Congress upon completion of
studies currently underway.
WATER QUALITY
We have the technology now to deal with most forms of water
pollution. We must make sure that it is used.
In my February 1970 special message to the Congress on the
Environment, I discussed our most important needs in the effort
to control water pollution: adequate funds to ensure construction
of municipal waste treatment facilities needed to meet water qual-
ity standards; more explicit standards, applicable to all navigable
waters; more effective Federal enforcement authority to back up
State efforts; and funds to help States build the necessary capabil-
ity to participate in this joint endeavor.
Municipal Wastes
Adequate treatment of the large volume of commercial, in-
dustrial and domestic wastes that are discharged through munici-
pal systems requires a great expenditure of funds for construction
of necessary facilities. A thorough study by the Environmental
Protection Agency completed in December 1970 revealed that $12
billion will be required by 1974 to correct the national waste
treatment backlog. The urgency of this need, and the severe finan-
cial problems that face many communities, require that construc-
tion of waste treatment facilities be jointly funded by Federal
State, and local governments. We must also assure that adequate
Federal funds are available to reimburse States that advanced the
Federal share of project costs.
—I propose that $6 billion in Federal funds be authorized and
[p. 6]
appropriated over the next three years to provide the full
Federal share of a $12 billion program of waste treatment
facilities.
Some municipalities need help in overcoming the difficulties they
face in selling bonds on reasonable terms to finance their share of
construction costs. The availability of funds to finance a communi-
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2198 LEGAL COMPILATION—GENERAL
ty's pollution control facilities should depend not on its credit
rating or the vagaries of the municipal bond market, but on its
waste disposal needs.
—/ again propose the creation of an Environmental Financing
Authority so that every municipality has an opportunity to
sell its waste treatment plant construction bonds.
A number of administrative reforms which I announced last
year to ensure that Federal construction grant funds are well
invested have been initiated. To further this objective:
—/ again propose that the present, rigid allocation formula be
revised, so that special emphasis can be given to those areas
where facilities are most needed and where the greatest im-
provements in water quality would result.
—I propose that provisions be added to the present law to
induce communities to provide for expansion and replacement
of treatment facilities on a reasonably self-sufficient basis.
—/ propose that municipalities receiving Federal assistance in
constructing treatment facilities be required to recover from
industrial users the portion of project costs allocable to treat-
ment of their wastes.
Standards and Enforcement
While no action was taken in the 91st Congress on my proposals
to strengthen water pollution standard setting and enforcement, I
initiated a program under the Refuse Act of 1899 to require per-
mits for all industrial discharges into navigable waters, making
maximum use of present authorities to secure compliance with
water quality standards. However, the reforms I proposed in our
water quality laws last year are still urgently needed.
Water quality standards now are often imprecise and unrelated
to specific water quality needs. Even more important, they provide
a poor basis for enforcement: without a precise effluent standard,
it is often difficult to prove violations in court. Also, Federal-State
water quality standards presently do not apply to many important
waters.
—7 again proposed that the Federal-State water quality pro-
gram be extended to cover all navigable waters and their
tributaries, ground waters and waters of the contiguous zone.
—I again propose that Federal-State water quality standards be
revised to impose precise effluent limitations on both in-
dustrial and municipal sources.
[P. 7]
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GUIDELINES AND REPORTS 2199
—/ also propose Federal standards to regulate the discharge of
hazardous substances similar to those which I proposed and the
Congress adopted in the Clean Air Amendments of 1970.
—I propose that standards require that the best practicable
technology be used in new industrial facilities to ensure that water
quality is preserved or enhanced.
—7 propose that the Administrator of the Environmental Pro-
tection Agency be empowered to require prompt revision of stand-
ards when necessary.
We should strengthen and streamline Federal enforcement au-
thority, to permit swift action against municipal as well as in-
dustrial and other violators of water quality standards. Existing
authority under the Refuse Act generally does not apply to munic-
ipalities.
—I propose that the Administrator of EPA be authorized to
issue abatement orders swiftly and to impose administrative
fines of up to $25,000 per day for violation of water quality
standards.
—7 propose that violations of standards and abatement orders
be made subject to court-imposed fines of up to $25,000 per
day and up to $50,000 per day for repeated violations.
—7 again propose that the Administrator be authorized to seek
immediate injunctive relief in emergency situations in which
severe water pollution constitutes an imminent danger to
health, or threatens irreversible damage to water quality.
—7 propose that the cumbersome and time-consuming enforce-
ment conference and hearing mechanism in the current law
be replaced by a provision for swift public hearings as a
prelude to issuance of abatement orders or requiring a revi-
sion of standards.
—7 propose an authorization for legal actions against violations
of standards by private citizens, as in the new air quality
legislation, in order to bolster State and Federal enforcement
efforts.
—7 propose that the Administrator be empowered to require
reports by any person responsible for discharging effluents
covered by water quality standards.
—I again propose that Federal grants to State pollution control
enforcement agencies be tripled over the next four years—
from $10 million to $30 million—to assist these agencies in
meeting their expanded pollution control responsibilities.
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2200 LEGAL COMPILATION—GENERAL
Control of Oil Spills
Last May I outlined to the Congress a number of measures that
should be taken to reduce the risks of pollution from oil spills.
Recent events have underlined the urgency of action on these
proposals. At the outset of this present Congress I resubmitted the
Ports and Waterways Safety Act and the legislation requiring the
use of bridge-to-bridge radio-telephones for safety of navigation.
[p. 8]
Such legislation would have decreased the chances of the oil spill
which occurred as a result of a tanker collision in San Francisco
Bay.
—I have provided $25 million in next year's budget for develop-
ment of better techniques to prevent and clean up oil spills
and to provide more effective surveillance. I am asking the
Council on Environmental Quality in conjunction with the
Department of Transportation and the Environmental Pro-
tection Agency to review what further measures can be devel-
oped to deal with the problem.
—I also am renewing my request that the Senate give its advice
and consent on the two new international conventions on oil
spills and the pending amendments to the 1954 Oil Spills
Convention for the Prevention of Pollution of the Sea by Oil.
The Intergovernmental Maritime Consultative Organization
(IMCO) is presently preparing a convention to establish an Inter-
national Compensation Fund to supplement the 1969 Civil Liabil-
ity Convention. Our ratification of the 1969 convention will be
withheld until this supplementary convention can also be brought
into force because both conventions are part of a comprehensive
plan to provide compensation for damages caused by oil spills. In
addition, we have taken the initiative in NATO's Committee on
the Challenges of Modern Society and achieved wide international
support for terminating all intentional discharges of oil and oily
wastes from ships into the oceans by 1975, if possible, and no later
than the end of this decade. We will continue to work on this
matter to establish through IMCO an international convention on
this subject.
PESTICIDES
Pesticides have provided important benefits by protecting man
from disease and increasing his ability to produce food and fiber.
However, the use and misuse of pesticides has become one of the
major concerns of all who are interested in a better environment.
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GUIDELINES AND REPORTS 2201
The decline in numbers of several of our bird species is a signal of
the potential hazards of pesticides to the environment. We are
continuing a major research effort to develop nonchemical meth-
ods of pest control, but we must continue to rely on pesticides for
the foreseeable future. The challenge is to institute the necessary
mechanisms to prevent pesticides from harming human health and
the environment.
Currently, Federal controls over pesticides consist of the regis-
tration and labeling requirements in the Federal Insecticide, Fun-
gicide, and Rodenticide Act. The administrative processes con-
tained in the law are inordinately cumbersome and time-consum-
ing, and there is no authority to deal with the actual use of
pesticides. The labels approved under the Act specify the uses to
which a pesticide may be put, but there is no way to insure that
[p. 9]
the label will be read or obeyed. A comprehensive strengthening of
our pesticide control laws is needed.
—/ propose that the use of pesticides be subject to control in
appropriate circumstances, through a registration procedure
which provides for designation of a pesticide for "general
use," "restricted use," or "use by permit only." Pesticides
designated for restricted use would be applied only by an
approved pest control applicator. Pesticides designated for
"use by permit only" would be made available only with the
approval of an approved pest control consultant. This ivill
help to ensure that pesticides which are safe ivhen properly
used will not be misused or applied in excessive quantities.
—/ propose that the Administrator of the Environmental Pro-
tection Agency be authorized to permit the experimental use
of pesticides under strict controls, when he needs additional
information concerning a pesticide before deciding whether it
should be registered.
—I propose that the procedures for cancellation of a registra-
tion be streamlined to permit more expeditious action.
—/ propose that the Administrator be authorized to stop the
sale or use of, and to seize, pesticides being distributed or
held in violation of Federal law.
RECYCLING OF WASTES
The Nation's solid waste problem is both costly and damaging
to the environment. Paper, which accounts for about one-half of
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2202 LEGAL COMPILATION—GENERAL
all municipal solid waste, can be reprocessed to produce a high
quality product. Yet the percentage the Nation recycles has been
declining steadily.
To reverse this trend, the General Services Administration,
working with the Council on Environmental Quality, has reviewed
the Federal Government's purchasing policies. It found a substan-
tial number of prohibitions against using paper with recycled
content. Such prohibitions are no longer reasonable in light of the
need to encourage recycling.
As a result of this review, the GSA has already changed its
specifications to require a minimum of 3 to 50 percent recycled
content, depending on the product, in over $35 million per year of
paper purchases. GSA is currently revising other specifications to
require recycled content in an additional $25 million of annual
paper purchases. In total, this will amount to more than one-half
of GSA's total paper products purchases. All remaining specifica-
tions will be reviewed to require recycled content in as many other
paper products as possible. The regulations will be reviewed con-
tinually to increase the percentage of recycled paper required in
each.
I have directed that the Chairman of the Council on Environ-
mental Quality suggest to the Governors that they review State
[p. 10]
purchasing policies and where possible revise them to require re-
cycled paper. To assist them, I have directed the Administrator of
GSA to set up a technical liaison to provide States with the feder-
ally revised specifications as well as other important information
on this new Federal program, which represents a significant first
step toward a much broader use of Federal procurement policies
to encourage recycling.
II. CONTROLLING EMERGING PROBLEMS
Environmental control efforts too often have been limited to
cleaning up problems that have accumulated in the past. We must
concentrate more on preventing the creation of new environmental
problems and on dealing with emerging problems. We must, for
example, prevent the harmful dumping of wastes into the ocean
and the buildup of toxic materials throughout our environment.
We must roll back increasingly annoying and hazardous levels of
noise in our environment, particularly in the urban environment.
Our goal in dealing with emerging environmental problems must
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GUIDELINES AND REPORTS 2203
be to ward them off before they become acute, not merely to undo
the damage after it is done.
TOXIC SUBSTANCES
As we have become increasingly dependent on many chemicals
and metals, we have become acutely aware of the potential toxicity
of the materials entering our environment. Each year hundreds of
new chemicals are commercially marketed and some of these
chemicals may pose serious potential threats. Many existing chem-
icals and metals, such as PCB's (polychlorinated biphenyls) and
mercury, also represent a hazard.
It is essential that we take steps to prevent chemical substances
from becoming environmental hazards. Unless we develop better
methods to assure adequate testing of chemicals, we will be invit-
ing the environmental crises of the future.
—7 propose that the Administrator of EPA be empowered to
restrict the use or distribution of any substance which he
finds is a hazard to human health or the environment.
—I propose that the Administrator be authorized to stop the
sale or use of any substance that violates the provisions of the
legislation and to seek immediate injunctive relief when use
or distribution of a substance presents an imminent hazard to
health or the environment.
—I propose that the Administrator be authorized to prescribe
minimum standard tests to be performed on substances.
This legislation, coupled with the proposal on pesticides and
other existing laws, will provide greater protection to humans and
wildlife from introduction of toxic substances into the environ-
ment. What I propose is not to ban beneficial uses of chemicals,
but rather to control the use of those that may be harmful.
[P. 11]
OCEAN DUMPING
Last year, at my direction, the Council on Environmental Qual-
ity extensively examined the problem of ocean dumping. Its study
indicated that ocean dumping is not a critical problem now, but it
predicted that as municipalities and industries increasingly turned
to the oceans as a convenient dumping ground, a vast new influx
of wastes would occur. Once this happened, it would be difficult
and costly to shift to land-based disposal.
Wastes dumped in the oceans have a number of harmful effects.
Many are toxic to marine life, reduce populations of fish and other
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2204 LEGAL COMPILATION—GENERAL
economic resources, jeopardize marine ecosystems, and impair aes-
thetic values. In most cases, feasible, economic, and more beneficial
methods of disposal are available. Our national policy should be to
ban unregulated ocean dumping of all wastes and to place strict
limits on ocean disposal of harmful materials. Legislation is
needed to assure that our oceans do not suffer the fate of so many
of our inland waters, and to provide the authority needed to pro-
tect our coastal waters, beaches, and estuaries.
—/ recommend a national policy banning unregulated ocean
dumping of all materials and placing strict limits on ocean
disposal of any materials harmful to the environment.
—I recommend legislation that will require a permit from the
Administrator of the Environmental Protection Agency for
any materials to be dumped into the oceans, estuaries, or
Great Lakes and that will authorize the Administrator to ban
dumping of wastes which are dangerous to the marine ecosys-
tem.
The legislation would permit the Administrator to begin phas-
ing out ocean dumping of harmful materials. It would provide the
controls necessary to prevent further degradation of the oceans.
This would go far toward remedying this problem off our own
shores. However, protection of the total marine environment from
such pollution can only be assured if other nations adopt similar
measures and enforce them.
—I am instructing the Secretary of State, in coordination with
the Council on Environmental Quality, to develop and pursue
international initiatives directed toward this objective.
NOISE
The American people have rightly become increasingly annoyed
by the growing level of noise that assails them. Airplanes,
trucks, construction equipment, and many other sources of
noise interrupt sleep, disturb communication, create stress,
and can produce deafness and other adverse health effects.
The urban environment in particular is being degraded by
steadily rising noise levels. The Federal Government has set
and enforces standards for noise from aircraft, but it is now
time that our efforts to deal with many other sources of noise
be strengthened and expanded.
[p. 12]
The primary responsibility for dealing with levels of noise in
the general environment rests upon local governments. However,
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GUIDELINES AND REPORTS 2205
the products which produce the noise are usually marketed nation-
ally, and it is by regulating the noise-generating characteristics of
such products that the Federal Government can best assist the
State and local governments in achieving a quieter environment.
—I propose comprehensive noise pollution control legislation
that will authorize the Administrator of EPA to set noise
standards on transportation, construction and other equip-
ment and require labeling of noise characteristics of certain
products.
Before establishing standards, the Administrator would be re-
quired to publish a report on the effects of noise on man, the
major sources, and the control techniques available. The legisla-
tion would provide a method for measurably reducing major noise
sources, while preserving to State and local governments the au-
thority to deal with their particular noise problems.
III. PROMOTING ENVIRONMENTAL QUALITY IN OUR LAND USE
DECISIONS
The use of our land not only affects the natural environment but
shapes the pattern of our daily lives. Unfortunately, the sensible
use of our land is often thwarted by the inability of the many
competing and overlapping local units of government to control
land use decisions which have regional significance.
While most land use decisions will continue to be made at the
local level, we must draw upon the basic authority of State gov-
ernment to deal with land use issues which spill over local juris-
dictional boundaries. The States are uniquely qualified to effect the
institutional reform that is so badly needed, for they are closer to
the local problems than is the Federal Government and yet re-
moved enough from local tax and other pressures to represent the
broader regional interests of the public. Federal programs which
influence major land use decisions can thereby fit into a coherent
pattern. In addition, we must begin to restructure economic incen-
tives bearing upon land use to encourage wise and orderly deci-
sions for preservation and development of the land.
I am calling upon the Congress to adopt a national land use
policy. In addition, I am proposing other major initiatives on land
use to bring "parks to the people", to expand our wilderness sys-
tem, to restore and preserve historic and older buildings, to pro-
vide an orderly system for power plant siting, and to prevent
environmental degradation from mining.
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2206 LEGAL COMPILATION—GENERAL
A NATIONAL LAND USE POLICY
We must reform the institutional framework in which land use
decisions are made.
—I propose legislation to establish a National Land Use Policy
[p. 13]
which will encourage the States, in cooperation with local
government, to plan for and regulate major developments
affecting growth and the use of critical land areas. This
should be done by establishing methods for protecting lands
of critical environmental concern, methods for controlling
large-scale development, and improving use of lands around
key facilities and new communities.
One hundred million dollars in new funds would be authorized
to assist the States in this effort—$20 million in each of the next
five years—with priority given to the States of the coastal zone.
Accordingly, this proposal will replace and expand my proposal
submitted to the last Congress for coastal zone management, while
still giving priority attention to this area of the country which is
especially sensitive to development pressures. Steps will be taken
to assure that federally-assisted programs are consistent with the
approved State land use programs.
Public Lands Management
The Federal public lands comprise approximately one-third of
the Nation's land area. This vast domain contains land with spec-
tacular scenery, mineral and timber resources, major wildlife hab-
itat, ecological significance, and tremendous recreational impor-
tance. In a sense, it is the "breathing space" of the Nation.
The public lands belong to all Americans. They are part of the
heritage and the birthright of every citizen. It is important, there-
fore, that these lands be managed wisely, that their environmental
values be carefully safeguarded, and that we deal with these lands
as trustees for the future. They have an important place in na-
tional land use considerations.
The Public Land Law Review Commission recently completed a
study and report on Federal public land policy. This Administra-
tion will work closely with the Congress in evaluating the Com-
mission's recommendations and in developing legislative and ad-
ministrative programs to improve public land management.
The largest single block of Federal public land lies in the State
of Alaska. Recent major oil discoveries suggest that the State is
on the threshold of a major economic development. Such develop-
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GUIDELINES AND REPORTS 2207
ment can bring great benefits both to the State and to the Nation.
It could also—if unplanned and unguided—despoil the last and
greatest American wilderness.
We should act now, in close cooperation with the State of
Alaska, to develop a comprehensive land use plan for the Federal
lands in Alaska, giving priority to those north of the Yukon River.
Such a plan should take account of the needs and aspirations of
the native peoples, the importance of balanced economic develop-
ment, and the special need for maintaining and protecting the
unique natural heritage of Alaska. This can be accomplished
[p. 14]
through a system of parks, wilderness, recreation, and wildlife
areas and through wise management of the Federal lands gener-
ally. I am asking the Secretary of the Interior to take the lead in
this task, calling upon other Federal agencies as appropriate.
Preserving Our Natural Environment
The demand for urban open space, recreation, wilderness and
other natural areas continues to accelerate. In the face of rapid
urban development, the acquisition and development of open
space, recreation lands and natural areas accessible to urban cen-
ters is often thwarted by escalating land values and development
pressures. I am submitting to the Congress several bills that will
be part of a comprehensive effort to preserve our natural environ-
ment and to provide more open spaces and parks in urban areas
where today they are often so scarce. In addition, I will be taking
steps within the executive branch to assure that all agencies are
using fully their existing legislative authority to these ends.
"Legacy of Parks"
Merely acquiring land for open space and recreation is not
enough. We must bring parks to where the people are so that
everyone has access to nearby recreational areas. In my budget for
1972, I have proposed a new "Legacy of Parks" program which
will help States and local governments provide parks and recrea-
tion areas, not just for today's Americans but for tomorrow's as
well. Only if we set aside and develop such recreation areas now
can we ensure that they will be available for future generations.
As part of this legacy, I have requested a $200 million appropri-
ation to begin a new program for the acquisition and development
of additional park lands in urban areas. To be administered by the
Department of Housing and Urban Development, this would in-
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2208 LEGAL COMPILATION—GENERAL
elude provision for facilities such as swimming pools to add to the
use and enjoyment of these parks.
Also, I have recommended in my 1972 budget that the appropri-
ation for the Land and Water Conservation Fund be increased to
$380 million, permitting the continued acquisition of Federal
parks and recreation areas as well as an expanded State grant
program. However, because of the way in which these State grant
funds were allocated over the past five years, a relatively small
percentage has been used for the purchase and development of
recreational facilities in and near urban areas. The allocation for-
mula should be changed to ensure that more parks will be devel-
oped in and near our urban areas.
—I am submitting legislation to reform the State grant pro-
gram so that Federal grants for the purchase and develop-
ment of recreation lands bear a closer relationship to the
population distribution.
—7 am also proposing amendments to the Internal Revenue
Code which should greatly expand the use of charitable land
transfers for conservation purposes and thereby enlarge the
[p. 15]
role of private citizens in preserving the best of America's
landscape.
Additional public parks will be created as a result of my pro-
gram for examining the need for retention of real property owned
by the Government. The Property Review Board, which I estab-
lished last year, is continuing its review of individual properties
as well as its evaluation of the Government's overall Federal real
property program. Properties identified as suitable for park use
and determined to be surplus can be conveyed to States and politi-
cal subdivisions for park purposes without cost. The State or other
political subdivision must prepare an acceptable park use plan and
must agree to use the property as a park in perpetuity. More than
40 properties with high potential for park use have already been
identified.
Five such properties are now available for conversion to public
park use. One, Border Field, California, will be developed as a
recreation area with the assistance of the Department of the Inte-
rior. The other 'four will be conveyed to States or local units of
government as soon as adequate guarantees can be obtained for
their proper maintenance and operation. These four are: (1) part
of the former Naval Training Devices Center on Long Island
Sound, New York; (2) land at a Clinical Research Center in Fort
-------
GUIDELINES AND REPORTS 2209
Worth, Texas; (3) about ten miles of sand dunes and beach along
the Atlantic Coast and Sandy Hook Bay, a part of Fort Hancock,
New Jersey; and (4) a portion of Fort Lawton, Washington, a
wooded, hilly area near the heart of Seattle. In addition, efforts
are underway to open a significant stretch of Pacific Ocean Beach
Front and Coastal Bluffs at Camp Pendleton, California.
Many parcels of federal real property are currently under-util-
ized because of the budgetary and procedural difficulties that are
involved in transferring a Federal operation from the current site
to a more suitable location.
—/ am again proposing legislation to simplify relocation of
federal installations that occupy properties that could better
be used for other purposes.
This will allow conversion of many additional Federal real prop-
erties to a more beneficial public use. Lands now used for Federal
operations but more suited to park and recreational uses will be
given priority consideration for relocation procedures. The pro-
gram will be self-financing and will provide new opportunities for
improving the utilization of Federal lands.
Wilderness Areas
While there is clearly a need for greater efforts to provide
neighborhood parks and other public recreation areas, there must
still be places where nature thrives and man enters only as a
visitor. These wilderness areas are an important part of a compre-
[p. 16]
hensive open space system. We must continue to expand our wil-
derness preservation system, in order to save for all time those
magnificent areas of America where nature still predominates.
Accordingly, in August last year I expressed my intention to im-
prove our performance in the study and presentation of recom-
mendations for new wilderness areas.
—/ will soon be recommending to the Congress a number of
specific proposals for a major enlargement of our wilderness
preservation system by the addition of a wide spectrum of
natural areas spread across the entire continent.
National Parks
While placing much greater emphasis on parks in urban areas
and the designation of new wilderness areas, we must continue to
expand our national park system. We are currently obligating
substantial sums to acquire the privately owned lands in units of
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2210 LEGAL COMPILATION—GENERAL
the National Park System which have already been authorized by
the Congress.
Last year, joint efforts of the administration and the Congress
resulted in authorization of ten areas in the National Park Sys-
tem, including such outstanding sites as Voyageurs National Park
in Minnesota, Apostle Islands National Lakeshore in Wisconsin,
Sleeping Bear Dunes National Lakeshore in Michigan, Gulf Is-
lands National Seashore in Mississippi and Florida, and the Ches-
apeake and Ohio Canal National Historical Park in the District of
Columbia, Maryland and West Virginia.
However, the job of filling out the National Park System is not
complete. Other unique areas must still be preserved. Despite all
our wealth and scientific knowledge, we cannot recreate these un-
spoiled areas once they are lost to the onrush of development. I am
directing the Secretary of the Interior to review the outstanding
opportunities for setting aside nationally significant natural and
historic areas, and to develop priorities for their possible addition
to the National Park System.
Power Plant Siting
The power shortage last summer and continuing disputes across
the country over the siting of power plants and the routing of
transmission lines highlight the need for longer-range planning by
the producers of electric power to protect their future needs and
identify environmental concerns well in advance of construction
deadlines. The growing number of confrontations also suggest the
need for the establishment of public agencies to assure public
discussion of plans, proper resolution of environmental issues, and
timely construction of facilities. Last fall, the Office of Science and
Technology sponsored a study entitled "Electric Power and the
Environment," which identified many of these issues. Only
through involving the environmental protection agencies early in
the planning of future power facilities can we avoid disputes
which delay construction timetables. I believe that these two goals
[p. 17]
of adequacy of power supply and environmental protection are
compatible if the proper framework is available.
—I propose a power plant siting law to provide for establish-
ment within each State or region of a single agency with
responsibility for assuring that environmental concerns are
properly considered in the certification of specific power plant
sites and transmission line routes.
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GUIDELINES AND REPORTS 2211
Under this law, utilities would be required to identify needed
power supply facilities ten years prior to construction of the re-
quired facilities. They would be required to identify the power
plant sites and general transmission routes under consideration
five years before construction and apply for certification for spe-
cific sites, facilities, and routes two years in advance of construc-
tion. Public hearings at which all interested parties could be heard
without delaying construction timetables would be required.
Mined Area Protection
Surface and underground mining have scarred millions of acres
of land and have caused environmental damages such as air and
water pollution. Burning coal fires, subsidence, acid mine drainage
which pollutes our streams and rivers and the destruction of aes-
thetic and recreational values frequently but unnecessarily accom-
pany mining activities. These problems will worsen as the demand
for fossil fuels and other raw materials continues to grow, unless
such mining is subject to regulation requiring both preventive and
restorative measures.
—7 propose a Mined Area Protection Act to establish Federal
requirements and guidelines for State programs to regulate
the environmental consequences of surface and underground
mining. In any State which does not enact the necessary regu-
lations or enforce them properly, the Federal Government
would be authorized to do so.
PRESERVING OUR ARCHITECTURAL AND HISTORIC HERITAGE
Too often we think of environment only as our natural sur-
roundings. But for most of us, the urban environment is the one in
which we spend our daily lives. America's cities, from Boston and
Washington to Charleston, New Orleans, San Antonio, Denver,
and San Francisco, reflect in the architecture of their buildings a
uniqueness and character that is too rapidly disappearing under
the bulldozer. Unfortunately, present Federal income tax policies
provide much stronger incentives for demolition of older buildings
than for their rehabilitation.
Particularly acute is the continued loss of many buildings of
historic value. Since 1933 an estimated one-quarter of the build-
ings recorded by the Historic American Building Survey have
[p. 18]
been destroyed. Most lending institutions are unwilling to loan
funds for the restoration and rehabilitation of historic buildings
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2212 LEGAL COMPILATION—GENERAL
because of the age and often the location of such buildings. Fi-
nally, there are many historic buildings under Federal ownership
for which inadequate provision has been made for restoration and
preservation.
—I shall propose tax measures designed to overcome these pres-
ent distortions and particularly to encourage the restoration
of historic buildings.
—7 shall propose new legislation to permit Federal insurance of
home improvement loans for historic residential properties to
a maximum of $15,000 per dwelling unit.
—I am recommending legislation to permit State and local gov-
ernments more easily to maintain transferred Federal his-
toric sites by allowing their use for revenue purposes and I
am taking action to insure that no federally-owned property
is demolished until its historic significance has first been re-
viewed.
IV. TOWARD A BETTER WORLD ENVIRONMENT
Environmental problems have a unique global dimension, for
they afflict every nation, irrespective of its political institutions,
economic system, or state of development. The United States
stands ready to work and cooperate with all nations, individually
or through international institutions, in the great task of building
a better environment for man. A number of the proposals which I
am submitting to Congress today have important international
aspects, as in the case of ocean dumping. I hope that other nations
will see the merit of the environmental goals which we have set
for ourselves and will choose to share them with us.
At the same time, we need to develop more effective environ-
mental efforts through appropriate regional and global organiza-
tions. The United States is participating closely in the initiatives
of the Organization for Economic Cooperation and Development
(OECD), with its emphasis on the complex economic aspects of
environmental controls, and of the Economic Commission for Eu-
rope (ECE), a U.N. regional organization which is the major
forum for East-West cooperation on environmental problems.
Following a United States initiative in 1969, the North Atlantic
Treaty Organization has added a new dimension to its cooperative
activities through its Committee on the Challenges of Modern
Society. CCMS has served to stimulate national and international
action on many problems common to a modern technological so-
ciety. For example, an important agreement was reached in Brus-
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GUIDELINES AND REPORTS 2213
sels recently to eliminate intentional discharges of oil and oily
wastes by ships into the oceans by 1975 if possible or, at the latest,
by the end of the decade. CCMS is functioning as an effective
forum for reaching agreements on the development of pollution-
free and safe automobiles. Work on mitigating the effects of floods
and earthquakes is in progress. These innovative and specific ac-
[p. 19]
tions are good examples of how efforts of many nations can be
focused and coordinated in addressing serious environmental
problems facing all nations.
The United Nations, whose specialized agencies have long done
valuable work on many aspects of the environment, is sponsoring
a landmark Conference on the Human Environment to be held in
Stockholm in June 1972. This will, for the first time, bring to-
gether all member nations of the world community to discuss
thosa environmental issues of most pressing common concern and
to agree on a world-wide strategy and the basis for a cooperative
program to reverse the fearful trend toward environmental degra-
dation. I have pledged full support for this Conference, and the
United States is actively participating in the preparatory work.
Direct bilateral consultations in this field are also most useful in
jointly meeting the challenges of environmental problems. Thus,
the United States and Canada have been working closely together
preparing plans for action directed to the urgent task of cleaning
up the Great Lakes, that priceless resource our two nations share.
Over the past few months, ministerial level discussions with Japan
have laid the basis for an expanded program of cooperation and
technological exchange from which both nations will benefit.
It is my intention that we will develop a firm and effective
fabric of cooperation among the nations of the world on these
environmental issues.
WORLD HERITAGE TRUST
As the United States approaches the centennial celebration in
1972 of the establishment of Yellowstone National Park, it would
be appropriate to mark this historic event by a new international
initiative in the general field of parks. Yellowstone is the first
national park to have been created in the modern world, and the
national park concept has represented a major contribution to
world culture. Similar systems have now been established through-
out the world. The United Nations lists over 1,200 parks in 93
nations.
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2214 LEGAL COMPILATION—GENERAL
The national park concept is based upon the recognition that
certain areas of natural, historical, or cultural significance have
such unique and outstanding characteristics that they must be
treated as belonging to the nation as a whole, as part of the
nation's heritage.
It would be fitting by 1972 for the nations of the world to agree
to the principle that there are certain areas of such unique world-
wide value that they should be treated as part of the heritage of
all mankind and accorded special recognition as part of a World
Heritage Trust. Such an arrangement would impose no limita-
tions on the sovereignty of those nations which choose to partici-
pate, but would extend special international recognition to the
areas which qualify and would make available technical and other
assistance where appropriate to assist in their protection and
[p. 20]
management. I believe that such an initiative can add a new di-
mension to international cooperation.
—I am directing the Secretary of the Interior, in coordination
with the Council on Environmental Quality, and under the
foreign policy guidance of the Secretary of State, to develop
initiatives for presentation in appropriate international for-
ums to further the objective of a World Heritage Trust.
Confronted with the pressures of population and development,
and with the world's tremendously increased capacity for environ-
mental modification, we must act together now to save for future
generations the most outstanding natural areas as well as places
of unique historical, archeological, architectural, and cultural
value to mankind.
V. FURTHER INSTITUTIONAL IMPROVEMENT
The solutions to environmental and ecological problems are
often complex and costly. If we are to develop sound policies and
programs in the future and receive early warning on problems, we
need to refine our analytical techniques and use the best intellec-
tual talent that is available.
After thorough discussions with a number of private founda-
tions, the Federal Government through the National Science
Foundation and the Council on Environmental Quality will sup-
port the establishment of an Environmental Institute. I hope that
this nonprofit institute will be supported not only by the Federal
Government but also by private foundations. The Institute would
conduct policy studies and analyses drawing upon the capabilities
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GUIDELINES AND REPORTS 2215
of our universities and experts in other sectors. It would provide
new and alternative strategies for dealing with the whole spec-
trum of environmental problems.
VI. TOWARD A BETTER LIFE
Adoption of the proposals in this message will help us to clean
up the problems of the past, to reduce the amount of waste which
is disposed, and to deal creatively with problems of the future
before they become critical. But action by government alone can
never achieve the high quality environment we are seeking.
We must better understand how economic forces induce some
forms of environmental degradation, and how we can create and
change economic incentives to improve rather than degrade envi-
ronmental quality. Economic incentives, such as the sulfur oxides
charge and the lead tax, can create a strong impetus to reduce
pollution levels. We must experiment with other economic incen-
tives as a supplement to our regulatory efforts. Our goal must be
to harness the powerful mechanisms of the marketplace, with its
automatic incentives and restraints, to encourage improvement in
the quality of life.
We must also recognize that the technological, regulatory, and
economic measures we adopt to solve our environmental problems
cannot succeed unless we enlist the active participation of the
American people. Far beyond any legislative or administrative
[p. 21]
programs that may be suggested, the direct involvement of our
citizens will be the critical test of whether we can indeed have the
kind of environment we want for ourselves and for our children.
All across the country, our people are concerned about the envi-
ronment—the quality of the air, of the water, of the open spaces
that their children need. The question I hear everywhere is "What
can 7 do?"
Fortunately, there is a great deal that each of us can do. The
businessman in his every day decisions can take into account the
effects on the environment of his alternatives and act in an envi-
ronmentally responsible way. The housewife can make choices in
the marketplace that will help discourage pollution. Young people
can undertake projects in their schools and through other organiza-
tions to help build a better environment for their communities.
Parents can work with the schools to help develop sound environ-
mental teaching throughout our education system. Every commu-
nity in the nation can encourage and promote concerned and re-
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2216 LEGAL COMPILATION—GENERAL
sponsible citizen involvement in environmental issues, an involve-
ment which should be broadly representative of the life-styles and
leadership of the community. Each of us can resolve to help keep
his own neighborhood clean and attractive and to avoid careless,
needless littering and polluting of his surroundings. These are
examples of effective citizen participation; there are many others.
The building of a better environment will require in the long
term a citizenry that is both deeply concerned and fully informed.
Thus, I believe that our educational system, at all levels, has a
critical role to play.
As our nation comes to grips with our environmental problems,
we will find that difficult choices have to be made, that substantial
costs have to be met, and that sacrifices have to be made. Environ-
mental quality cannot be achieved cheaply or easily. But, I believe
the American people are ready to do what is necessary.
This nation has met great challenges before. I believe we shall
meet this challenge. I call upon all Americans to dedicate them-
selves during the decade of the seventies to the goal of restoring
the environment and reclaiming the earth for ourselves and our
posterity. And I invite all peoples everywhere to join us in this
great endeavor. Together, we hold this good earth in trust. We
must—and together we can—prove ourselves worthy of that trust.
RICHARD NIXON.
The White House
February 8, 1971
[p. 22]
II. THE PRESIDENT'S PROPOSALS—SULFUR OXIDE EMISSIONS
CHARGES
[p. 23]
SULFUR OXIDES EMISSIONS CHARGES
Sulfur oxides are one of the most harmful air pollutants dis-
charged into our atmosphere today, accounting for about one-half
of the total damages from air pollution.
They damage human health, vegetation, materials, and prop-
erty. Sulfur oxides can permanently damage delicate lung tissue
and have been linked to increased incidence of diseases such as
bronchitis and lung cancer. National health costs resulting from
sulfur oxides emissions are conservatively estimated at over $3.3
billion annually. The effects of sulfur oxides on materials, prop-
erty, and vegetation cost the Nation an estimated additional $5
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GUIDELINES AND REPORTS 2217
billion annually. These total damages of $8.3 billion amount to
about $.20 for each pound of sulfur now emitted into our atmos-
phere.
Sulfur oxides result from the burning and distilling of oil and
coal, the smelting of nonferrous ores, and other industrial proc-
esses. An estimated 36.6 million tons of sulfur oxides are now
emitted annually as follows:
Million tons Percent
Power plants .
Other combustion.. . ..
Smelters
Refineries
Miscellaneous
Total
20.0
8.2
4.0
2.4
2.0
. . . 36.6
55
22
11
7
5
100
[p. 25]
If uncontrolled, annual sulfur oxides emissions will nearly quad-
ruple, to an estimated 126 million tons by the year 2000. Power
generation accounts for an ever increasing proportion of the emis-
sions.
The Clean Air Amendments of 1970 greatly improve the mecha-
nism to control air pollutants, including sulfur oxides. These
amendments require promulgation of national air quality stand-
ards for pollutants by the Administrator of the Environmental
Protection Agency. Once standards have been promulgated, the
States must prepare a plan to implement the standards within 3
years. Exemptions to the 3-year period can only be made by the
EPA Administrator if adequate control methods are not commer-
cially available or have not been available for a sufficient period of
[p. 26]
time. An intensive research, development and demonstration effort
is underway to develop commercial technology for controlling sul-
fur oxides.
With no technology currently available, industry does not have
an incentive to invest in control equipment until it has been tested
for some time. Enforcement at all levels of government is likely to
be hampered by arguments on technical feasibility. An economic
incentive would provide pressure for industry to demonstrate and
use technology as soon as possible to avoid the charge. It would
also provide an incentive to achieve even higher levels of abate-
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2218 LEGAL COMPILATION—GENERAL
ment than required by the standards. As such, it will provide a
powerful tool to help achieve the air quality standards called for
by
THE PRESIDENT'S PROPOSAL
Accordingly, the President has directed the council on Environ-
mental Quality and the Treasury Department to develop a Clean
Air Emission Charge on emissions of sulful oxides. The charge
would be levied on sulfur emitted into the atmosphere from com-
bustion or distillation of fossil fuels and from other possible
sources. To the extent that sulfur is removed from fuels, no pay-
ment of the charge would be required.
The funds generated by this charge would enable the Federal
Government to increase programs to improve the quality of the
environment with special emphasis on development of technology
to reduce sulfur oxides emissions and programs to develop ade-
quate clean energy supplies. These two measures—the sulfur ox-
ides emissions charge and expand environmental programs—
should provide both the incentive for abatement and the means for
doing so.
[P. 27]
TAX ON LEAD IN GASOLINE
Air pollution from automobiles is clearly one of our major envi-
ronmental problems. The smog that was originally considered to
be a Southern California problem is now becoming a national
phenomenon.
Lead in gasoline adds to the automotive air pollution problem in
two ways. First, lead fouls some of the major emission control
systems now being developed to meet the 1975 air quality stand-
ards.
Second, lead itself is a pollutant. Over 95 percent of the total
lead emitted into the atmosphere derives from additives in gaso-
line. Lead particles can penetrate the lungs and can be retained
and absorbed in the bloodstream. In urban areas, the margin of
safety between blood levels of lead in humans and levels at which
lead poisoning symptoms have been identified are growing smaller.
While no clear case has been found of lead poisoning from automo-
bile emissions, there is ample reason for concern.
The Clean Air Amendments of 1970 authorize control of lead
levels in gasoline. However, a total ban is not feasible because over
one-half of the vehicles now on the road require high octane gaso-
line which, in general, can only be achieved using lead additives.
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GUIDELINES AND REPORTS 2219
The Federal Government can and will require that unleaded gaso-
line be available, but it cannot assure that people will buy it. Since
the cost of low-lead or nonleaded gasoline is higher, there is little
incentive for car owners to purchase it. In fact, current low-lead
or nonleaded gasoline is not selling well.
THE PRESIDENT'S PROPOSAL
The President is again proposing a special tax on lead additives
in gasoline. The tax would allow consumers to buy the low or
unleaded fuels at no price disadvantage over leaded gasolines, and
hence creates an economic incentive for refiners to produce more
low or unleded gasoline. This special charge would help to bring
about, at reasonable costs, the gradual transition to use of un-
leaded gasoline, which is essential to reduce lead emissions and to
meet the other emission control standards scheduled to come into
effect for the 1975 automobiles.
[p. 30]
ENVIRONMENTAL PROTECTION AGENCY, D.C.
Washington, D.C.
HON. SPIRO T. AGNEW,
President of the Senate,
Washington, D.C.
HON. CARL B. ALBERT,
Speaker of the House of Representatives,
Washington, D.C.
DEAR MR. [PRESIDENT/SPEAKER] : Enclosed is a draft of a proposed bill,
"To amend section 8 of the Federal Water Pollution Control Act, as amended,
and for other purposes."
We recommend that the bill be referred to the appropriate committee for
consideration, and we recommend that it be enacted.
The proposed legislation would amend section 8 of the Act to provide
financial assistance for the construction of treatment works, and for the
development of financial and other capability to provide for future waste
treatment needs. The overall objective of this bill is to achieve an equitable
and fully effective Federal financing1 program for the construction of waste
treatment facilities. This can better be accomplished if investments for
treatment works are made as part of a comprehensive water quality manage-
ment process which relates these investments to the environmental quality
objectives. The long range effectiveness of these investments in attaining
and maintaining environmental quality will depend upon the actions taken
now to develop self-sufficient systems at the State and local levels for
assuring the future operation, maintenance, expansion and replacement of
treatment facilities.
The bill would authorize appropriations of $6 billion, $2 billion for each
of the three fiscal years beginning with fiscal year 1972. These requested
appropriations are based on detailed studies and surveys of waste treatment
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2220 LEGAL COMPILATION—GENERAL
facility construction needs for fiscal years 1972, 1973 and 1974. A detailed
analysis and report of those studies and surveys will be transmitted to the
Congress shortly pursuant to the provisions of section 26(a) of the Federal
[p. 31]
Water Pollution Control Act. In determining the amounts to be requested
for this purpose, full account was taken of the amounts expended by States
and municipalities to prefinance the Federal share of needed waste treatment
facilities, so as to render such States and municipalities eligible for
reimbursement. Account was also taken of the unobligated balances of funds
previously appropriated for this purpose. In addition, the bill would revise
the allocation formula to provide greater flexibility to meet the most severe
water pollution problems.
The new allocation formula for distributing construction grant funds
among the States would employ four factors. First, 45 percent of the funds
would be allocated based on relative State population; second, up to 20
percent would be allocated to States which agree to pay at least 25 percent
of the cost of all projects receiving construction grants during a fiscal year;
third, up to 25 percent would be allocated to States which have existing
"reimbursables" for which grants have not been made because of lack of
Federal funds; and fourth, the remainder would be distributed to meet the
most serious water pollution control problems as determined by the Adminis-
trator. This new allocation formula would permit the Administrator a degree
of flexibility to direct construction grant funds to areas where those funds
are most critically needed and where they can be most effectively used.
Any sums not obligated by a State at the end of a fiscal year because of a
lack of approved projects would be reallotted by the Administrator to meet
the most serious water pollution control needs.
This bill would authorize Federal payments in reimbursement of State
or local funds used to prefinance the Federal share of qualified projects on
which construction was initiated after June 30, 1966, but prior to July 1,
1971. "Reimbursables" for projects proposed to be initiated after June 30,
1971, would be permitted only if they met certain qualifications. The
Administrator would thus be given some pursuant to the provisions of
[p. 32]
section 26(a) of the Federal Water Pollution Control Act. In determining
the amounts to be requested for this purpose, full account was taken of
the amounts expended by States and municipalities to prefinance the Federal
share of needed waste treatment facilities, so as to render such States and
municipalities eligible for reimbursement. Account was also taken of the
unobligated balances of funds previously appropriated for this purpose.
In addition, the bill would revise the allocation formula to provide greater
flexibility to meet the most severe water pollution problems.
The new allocation formula for distributing construction grant funds
among the States would employ four factors. First, 45 percent of the funds
would be allocated based on relative State population; second, up to 20
percent would be allocated to States which agree to pay at least 25 percent
of the cost of all projects receiving construction grants during a fiscal
year; third, up to 25 percent would be allocated to States which have
existing "reimbursables" for which grants have not been made because
of lack of Federal funds; and fourth, the remainder would be distributed
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GUIDELINES AND REPORTS 2221
to meet the most serious water pollution control problems as determined
by the Administrator. This new allocation formula would permit the
Administrator a degree of flexibility to direct construction grant funds
to areas where those funds are most critically needed and where they can
be most effectively used. Any sums not obligated by a State at the end of a
fiscal year because of a lack of approved projects would be reallotted by
the Administrator to meet the most serious water pollution control needs.
This bill would authorize Federal payments in reimbursement of State
or local funds used to prefinance the Federal share of qualified projects on
which construction was initiated after June 30, 1966, but prior to July 1,
1971. "Reimbursables" for projects proposed to be initiated after June 30,
1971, would be permitted only if they met certain qualifications. The
Administrator would thus be given some control over the accumulation of
[p. 33]
new "reimbursable" projects to minimize abusive practices.
A number of inequities and problems have been identified in connection
with the treatment of industrial wastes in municipal waste treatment
facilities financed in part with Federal funds. This has resulted in the
ineffective and inefficient use of construction grant monies. This bill is
designed to overcome these problems by prohibiting the granting of funds
for projects treating industrial wastes unless the industrial user is required
to pay back that portion of the project costs attributable to the treatment
of industrial wastes.
The $6 billion share proposed in this bill will stimulate about $12 billion
worth of total waste treatment construction. That estimate represents our
best estimate of total investment needs. The President's proposal of last year
was based on an estimated need of $10 billion, including a Federal
contribution of $4 billion. That estimate was based on an estimated need
of $10 billion, including a Federal contribution of $4 billion. That estimate
was based upon two independent studies of nation-wide waste treatment
facility needs. A detailed reassessment of the Nation's needs, including
contacts with most of the major cities, has revealed a total need of about
$12 billion by the end of fiscal year 1974. The increased estimate of
$2 billion over last year's proposal is attributed to the identification of
new needs by the States and revision of engineering estimates to reflect
current price levels. In last year's proposal, the Federal share was 40 percent
of the total $10 billion investment required. The present bill proposes a
Federal share of $6 billion which represents 47 percent of the total $12
billion investment required. This amount is increased by the amounts
needed to reimburse States and municipalities which have prefinanced the
Federal share of needed projects, and reduced by the amount of unobligated
funds appropriated for this purpose.
[p. 34]
Our underlying concern is the attainment of water quality standards.
It is our best estimate that the funds requested in this bill for the
construction of needed waste treatment facilities will permit us to achieve
our water quality standard goals shortly after 1974.
This proposed bill is part of the President's environmental program as
announced in his Environmental Message of February 8, 1971.
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2222 LEGAL COMPILATION—GENERAL
The Office of Management and Budget has advised that this proposed
legislation would be in acocrd with the program of the President.
Sincerely yours,
WILLIAM D. KUCKELSHAUS.
[p. 35]
A BILL To amend section 8 of the Federal Water Pollution Control Act,
as amended, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
Water Pollution Control Act, as amended (33 U.S.C. 1151 et seq.),
is further amended as follows:
SECTION I. Section 8 of the Act is hereby amended to read as
follows:
"FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTE .TREATMENT
FACILITIES"
"Sec. 8(a) (1). The Administrator is authorized to make grants
to any State, municipality, or intermunicipal or interstate agency
for the construction of necessary treatment works to prevent the
discharge of untreated or inadequately treated sewage or other
waste into any waters, for the purpose of reports, plans and speci-
fications in connection therewith, and for such additional reports
and studies necessary for the grantee to develop the institutional
arrangements and financial capacity to assume adequate future
operation, maintenance, expansion and replacement of such works.
" (2) Federal grants under this subsection shall be subject to
the following limitations:
(A) No grant shall be made for any project pursuant to
this subsection unless such project shall have been approved
by the appropriate State water pollution control agency or
agencies and by the Administrator.
(B) No grant shall be made unless the grantee agrees to
pay for all project costs which are not paid for by the grant
or by the State financial contribution;
(C) No grant shall be made for any project under this
subsection until the applicant has made provision satisfactory
to the Administrator for assuring (i) that there will be
proper and efficient operation and maintenance of the treat-
ment works, including adequate provision for trained manage-
ment and operational personnel, and (ii) that the applicant
has or will take measures to establish or acquire adequate
legal, institutional, managerial and financial capability
[p. 36]
-------
GUIDELINES AND REPORTS 2223
for meeting foreseeable future needs with respect to opera-
tion, maintenance, expansion and replacement of the treat-
ment works in order to meet water quality standards;
(D) No grant shall be made for any project under this
subsection unless such project is in conformity with the State
water pollution control plan submitted pursuant to section 7
of this Act, and the Administrator finds that such project is
consistent with any planning requirements designated pur-
suant to regulation, including the economic and engineering
feasibility, and the architectural, legal, fiscal and economic
investigations, studies, surveys, designs, plans, drawings and
specifications, and has been certified by the appropriate State
water pollution control agency as entitled to priority over
other eligible projects on the basis of criteria submitted as
part of the approved State water pollution control plan;
(E) No grant shall be made for any project in an amount
exceeding 30 per centum of the estimated reasonable cost
thereof as determined by the Administrator, except as herein-
after provided;
(F) The percentage limitation of 30 per centum imposed
by subparagraph (E) of this paragraph shall be increased to
a maximum of 40 per centum in the case of grants made
under this subsection from funds allocated for a fiscal year to
a State under paragraph (4) of this subsection if the State
agrees to grant, loan or otherwise finance not less than 25 per
centum of the estimated reasonable cost (as determined by
the Administrator) of all projects for which Federal grants
are to be made under this subsection from such allocation, or
if the grantee has a treatment works user charge system and
otherwise has legal, institutional, managerial and financial
capability to assure adequate operation, maintenance, expan-
sion and replacement of treatment works throughout the
grantee's jurisdiction, as determined by the Administrator;
(G) The percentage limitations imposed by clause (E) of
this paragraph shall be increased to a maximum of 55 per
centum in the case of grants made under this subsection from
funds allocated for a fiscal year to a State under paragraph
(4) of this subsection if (i) the State agrees to grant, loan,
[P. 37]
or otherwise finance not less than 25 per centum of the esti-
mated reasonable costs (as determined by the Administrator)
of all projects for which Federal grants are to be made under
-------
2224 LEGAL COMPILATION—GENERAL
this subsection from such allocation or the grantee has a
treatment works user charge system and otherwise has legal,
institutional, managerial and financial capability to assure
adequate operation, maintenance, expansion and replacement
of treatment works throughout the grantee's jurisdiction, as
determined by the Administrator, and (ii) enforceable water
quality standards have been established for the waters into
which the project discharges, in accordance with section
10 (c) of this Act;
(H) No grant shall be made unless the applicant complies
with such regulations as the Administrator may prescribe to
assure the effective and efficient use of funds under this sec-
tion ; and
(I) No grant shall be made for any project which will treat
industrial wastes of a liquid nature unless the grantee makes
provisions satisfactory to the Administrator, in accordance
with regulations promulgated by him, for the full recovery by
the grantee, from the industrial users of the project, of that
portion to the estimated reasonable cost of construction of
such project (as determined by the Administrator) which is
allocable to the treatment of such industrial wastes. The
amount of estimated reasonable project costs recovered from
each industrial user shall be equitably based on the proportion
which the volume and strength of such user's wastes treated
by the project bears to the volume and strength of all wastes
treated by the project. Revenues derived from such cost re-
cover, to the extent apportionable to the Federal share of
eligible project costs allocable to the treatment of industrial
wastes, shall revert to the Treasury of the United States,
unless the grantee has, or, in accordance with regulations to
be promulgated by the Administrator, makes satisfactory
provision for development, a user charge system and other
legal, institutional, managerial and financial capability to as-
sure adequate operation, maintenance, expansion and replace-
ment of treatment works throughout the grantee's jurisdic-
[P. 38]
tion, in which case such revenues may be retained by the
grantee to assist in providing the financial capability referred
to in this subparagraph.
"(3) In approving Federal financial aid for proposed projects
for treatment works, the Administrator shall make a determina-
tion as to the public benefits to be derived by the construction, the
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GUIDELINES AND REPORTS 2225
relation of the ultimate cost of constructing and maintaining the
works to the public interest and to the public necessity for the
works, and the adequacy of the applicant's legal, institutional,
managerial and financial capability, or provisions made by the
applicant to develop such capability, for meeting foreseeable fu-
ture needs with respect to operation, maintenance, expansion and
replacement of treatment works in order to comply with applica-
ble water quality standards. The Administrator may from time to
time issue regulations or guidelines to assist in the administration
of this subsection.
"(4) The sums authorized to be obligated pursuant to subsec-
tion (c) of this section for each fiscal year beginning on or after
July 1, 1971, shall be allotted by the Administrator, from time to
time, in accordance with regulations, as follows:
(A) 45 per centum of all sums authorized to be obligated in
the ratio that the population of each State bears to the popu-
lation of all the States;
(B) Not to exceed 20 per centum of such sums as deter-
mined by the Administrator to those States which agree to
grant, loan or otherwise finance not less than 25 per centum
of the estimated reasonable cost, as determined by the Admin-
istrator, of all projects for which Federal grants or other
commitments of financial assistance are to be made under this
section during any fiscal year, which allotment shall be in the
ratio that the population of each such State bears to the
population of all such States;
(C) Not to exceed 25 per centum of such sums to those
States which have projects the construction of which was
initiated after June 30, 1966, which were approved by the
appropriate State water pollution control agency and which
the Administrator found met the requirements of this subsec-
[p. 39]
tion but which were constructed without such assistance, or
with a lesser amount of such assistance than that for which it
was eligible, because of the unavailability of adequate funds,
which allotment shall be in the ratio that the total of such
unavailable funds for such projects in a State bears to the
total of all such unavailable funds for all such projects in all
the States;
(D) The remainder of such sums shall be distributed to
States, municipalities, and inter-municipal or interstate agen-
cies to meet the most serious water pollution control problems
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2226 LEGAL COMPILATION—GENERAL
as determined by the Administrator. Any sums alloted to a
State which are not obligated at the end of the fiscal year for
which they are allotted because of a lack of projects which
have been approved by the State water pollution control
agency under subparagraph (2) (A) of this subsection and
certified as entitled to priority under subparagraph (2) (D)
of this subsection shall be reallotted by the Administrator, on
the basis provided in subparagraph (D) of this paragraph.
Any sum made available to a State by reallotment under the
preceding sentence shall be in addition to any funds otherwise
allotted to such State under this Act. Allotment or reallot-
ment of sums under or on the basis provided in subparagraph
(D) of this paragraph shall be subject to any special priori-
ties for the use of such sums established by any other provi-
sion of law. The total allotments of a State under the first and
second sentences of this paragraph (4) shall be available, in
accordance with the provisions of this subsection, for pay-
ments with respect to projects in such State which have been
approved under this subsection. For purposes of this subsec-
tion, population shall be determined on the basis of the last
year for which satisfactory population figures are available
from the Department of Commerce.
"(5) Any project in a State on which construction was initiated
after June 30, 1966, but prior to July 1, 1971, which was approved
by the appropriate State water pollution control agency, and
which the Administrator finds meets the requirements of section 8
of this Act in effect at the time of initiation of such construction,
[p. 40]
but which was constructed (1) without financial assistance au-
thorized by said section 8, or (2) with financial assistance author-
ized by said section 8 but in a lesser percentage of the cost of
construction than authorized by said section 8, shall qualify for
payments in reimbursement of State or local funds used for such
project prior to July 1, 1974, from sums allocated to such State
under subparagraph 4 of this subsection for any fiscal year ending
prior to July 1, 1974, to the extent that assistance could have been
provided under said section 8 if such project had been approved
thereunder and adequate funds had been available. Neither a find-
ing by the Administrator that a project meets the requirements of
this paragraph, nor any other provision of this paragraph, shall
be construed to constitute a commitment or obligation of the
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GUIDELINES AND REPORTS 2227
United States to provide funds to make or pay any grant for such
project.
"(6) Any project in a State on which construction is proposed
to be initiated after June 30, 1971, which is approved by the
appropriate State water pollution control agency and which the
Administrator finds meets the requirements of this subsection, but
for which financial assistance as authorized by this subsection is
unavailable in the fiscal year in which the project is approved by
the Administrator, or is available in such fiscal year only in a
lesser percentage of the cost of construction than authorized by
this subsection, shall qualify for payments in reimbursement of
State or local funds used for such projects prior to July 1, 1974,
from sums allocated to such State under subparagraph 4 of this
subsection for any fiscal year ending prior to July 1, 1974: Pro-
vided, that prior to the initiation of construction of such project,
the Administrator finds (1) that the State in which such project is
located, in approving projects for Federal financing out of the
sums allocated to such State under paragraph (4) of this subsec-
tion for the fiscal year in which qualification for payments in
reimbursement is sought; has given priority to eligible projects in
the more advanced stages of construction, (2) that such project is
necessary to achieve compliance with applicable water quality
standards, and (3) that the initiation of such project will be
[p.41]
commenced within a reasonable period of time. Neither a finding
by the Administrator that a project meets the requirements of this
paragraph, nor any other provision of this paragraph, shall be
construed to constitute a commitment or obligation of the United
States to provide funds to make or pay any grant for such project.
"(7) The Administrator shall make payments under this
subsection through the disbursing facilities of the Department of
the Treasury. Funds so paid shall be used exclusively to meet the
cost of construction of the project for which the amount was paid.
"(8) The Administrator shall take such action as may be neces-
sary to insure that all laborers and mechanics employed by con-
tractors or subcontractors on projects for which grants or other
financial assistance are made under this subsection shall be paid
wages at rates not less than those prevailing for the same type of
work on similar construction in the immediate locality, as deter-
mined by the Secretary of Labor, in accordance with the Act of
March 3, 1931, as amended, known as the Davis-Bacon Act (46
Stat. 1494; 40 U.S.C. sees. 276a through 276a-5). The Secretary
-------
2228 LEGAL COMPILATION—GENERAL
of Labor shall have, with respect to the labor standards specified
in this paragraph, the authority and functions set forth in Reorga-
nization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267;
5 U.S.C. 133z-15) and section 2 of that Act of June 13, 1934, as
amended (48 Stat. 948; 40 U.S.C. 276c).
" (9) For the purposes of this subsection, the term
"(A) 'industrial wastes'means the waste discharges (other
than domestic sewage) of industries identified in the Stand-
ard Industrial Classification Manual, Bureau of the Budget,
1967, as amended and supplemented under the category "Di-
vision D - Manufacturing", and other wastes which in the
opinion of the Administrator may appropriately be consid-
ered industrial wastes for the purposes of this subsection.
"(B) 'construction' includes preliminary planning to deter-
mine the economic and engineering feasibility of treatment
works, the engineering, architectural, legal, fiscal and eco-
[p. 42]
nomic investigations and studies, surveys, designs, plans,
working drawings, specifications, procedures, and other ac-
tion necessary to the construction of treatment works; the
erection, building, acquisition, alteration, remodeling, im-
provement, or extension of treatment works; and the inspec-
tion and supervision of the construction of treatment works.
"(b) The Administrator shall administer the provisions of this
section and related sections of this Act in a manner to encourage
and assist any State, municipality, or inter-municipal or interstate
agencies which will receive Federal assistance for the construction
of treatment works, to achieve adequate legal, institutional, mana-
gerial and financial capability for meeting foreseeable future
needs with respect to operation, maintenance, expansion and re-
placement of such works in order to achieve compliance with ap-
plicable water quality standards. The Administrator shall pursue
this objective through the determination of eligible costs under
subsection (a) (1) of this section and percentage limitations
under subparagraphs (a) (2) (F) and (a) (2) (G) of this sec-
tion, through consideration of the adequacy of provisions for oper-
ation and maintenance under subparagraph (a) (2) (C) of this
section, through provisions relating to industrial participation in
municipal projects under subparagraphs (a) (2) (I) of this sec-
tion, through the exercise of his authority concerning approval of
Federal financial aid under paragraph (a) (3) of this section,
through the provision of technical assistance, and through such
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GUIDELINES AND REPORTS 2229
other provisions for administering this section as he may desig-
nate by regulation.
"(c) There are hereby authorized to be appropriated for the
purpose of making grants under this section, $2,000,000,000 for
the fiscal year ending June 30, 1972; $2,000,000,000 for the fiscal
year ending June 30, 1973; and $2,000,000,000 for the fiscal year
ending June 30, 1974. Sums so appropriated shall remain available
until expended.
SECTION 2. The provisions of this Act shall be effective on July
1,1971.
[p. 43]
SECTION-BY-SECTION ANALYSIS
Section 1 of the bill would amend section 8 of the Federal Water
Pollution Control Act.
Subsection 8 (a) would authorize Federal grants for the con-
struction of treatment works to prevent the discharge of inade-
quately treated wastes and for other purposes. Paragraph
8 (a) (1) would retain the provisions of the present Act authoriz-
ing the Administrator to make grants for treatment works and
related reports, plans and specifications. A new provision would be
added authorizing grants for reports and studies to develop the
grantee's financial and other capability to provide for future
waste treatment needs. No change would be made in the existing
definition of "treatment works" in section 23 of the Act and no
change would be made in those eligible to receive grants, which
would include States, municipalities, intermunicipal agencies and
inter-state agencies.
Grant limitations would be listed in paragraph 8 (a) (2). There
would be some modifications and additions to the grant limitations
in the present Act. Subparagraph 8 (a) (2) (A) would prohibit a
grant unless it were approved by the State water pollution control
agency and by the Administrator. Subparagraph 8(a)(2)(B)
would prohibit a grant unless the grantee agreed to pay all costs
not paid for by Federal and State funds.
Subparagraph 8(a) (2) (C) would permit a grant only if the
grantee made provision for satisfactory operation and mainte-
nance of the treatment works. Adequate provision would have to
be made for an operating and managerial staff of well qualified
personnel. A new provision in this Subparagraph would require
the grantee to have or develop the financial and other capability
necessary to satisfy future waste treatment needs.
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2230 LEGAL COMPILATION—GENERAL
Subparagraph 8(a) (2) (D) would retain the provisions of the
existing Act which prohibit a grant unless the project conforms
with a section 7 State plan and is entitled to priority over other
eligible projects. A new provision would be added to emphasize the
need for water quality management planning. To be eligible for a
[p. 44]
grant, a project would have to be consistent with any plan for a
basin, metropolitan area or region certified by the Administrator
under subsection 8(d) and with any other planning requirements
specified by the Administrator in regulations.
Subparagraph 8 (a) (2) (E) would retain the provision of the
present Act which specifies that the basic Federal grant share is
30 percent of the cost of the project.
Modifications would be made in the provisions of the present
Act relating to the requirements for an increased Federal shara
and the requirements for matching payments by States. Sub-
paragraph 8 (a) (2) (F) would provide that the Federal share
shall be increased to a maximum of 40 percent if the State agrees
to "grant, loan or otherwise finance" 25 percent of the cost. (The
required State share is 30 percent in the present Act). The words
"to grant, loan or otherwise finance" would replace the words "to
pay" in the present Act to make it clear that the State matching
funds need not be an outright grant but may be in the form of a
loan. This Subparagraph would also provide that the Federal share
shall be increased to 40 percent, regardless of whether there are
State matching funds, if the grantee has a user charge system as
well as other capability for satisfying future waste treatment
needs.
Subparagraph 8 (a) (2) (G) would retain the provisions of the
present Act which provide that the Federal share shall be in-
creased to 50 percent if the State agrees to grant, loan, or other-
wise finance 25 percent of the cost and if enforceable water qual-
ity standards have been established. A new provision would be
added increasing the Federal share to 50 percent, regardless of
whether there are State matching funds, if the grantee has a user
charge system and other capabilities for satisfying future waste
treatment needs and if enforceable water quality standards have
been established.
Subparagraph 8 (a) (2) (H) would add a new provision to pro-
hibit grants unless the grantee provides assurance that it will
comply with regulations to assure the effective and efficient use of
funds under the section.
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GUIDELINES AND REPORTS 2231
Subparagraph 8 (a) (2) (H) would add a new provision designed
to make more effective and efficient use of construction grant
[p. 45]
monies and to avoid certain abusive practices and inequities asso-
ciated with the treatment of industrial wastes in municipal waste
treatment facilities. Grants would be prohibited for projects treat-
ing industrial wastes unless the industrial user were required by
the grantee to pay back that portion of the project cost attributa-
ble to the treatment of industrial wastes. The Federal share of
such recovered costs would be used by the grantee to operate and
maintain its works and for meeting future waste treatment needs.
Paragraph 8 (a) (3) outlines the factors which would be consid-
ered by the Administrator in approving a grant under subsection
8(a). The factors specified in the present Act would be retained
including an assessment of public benefits, the propriety of Fed-
eral aid, and the relation of project costs to the public interest.
Two new additional factors would be provided. First, the Adminis-
trator would be required to consider whether the proposed project
is consistent with a water quality management plan certified
under subsection 8(d), and second, he would be required to assess
the capability of the grantee to satisfy its own future waste treat-
ment needs.
Paragraph 8 (a) (4) would provide a new allocation formula to
permit the optimum distribution of funds over the next three fiscal
years in closer relationship to the construction needs of the re-
specting States. Four factors would be employed in distributing
construction grant funds among the States. First, 45 percent of
the amounts authorized to be obligated in each fiscal year would be
allocated on the basis of relative State population; second, up to 20
percent would be allocated to States which agree to grant, loan or
otherwise finance at least 25 percent of all project costs during a
given fiscal year; third, up to 25 percent would be allocated to
States which have approved projects for which grants have not
been made or which have been made in a reduced amount because
of lack of Federal funds; and fourth, the remainder would be
distributed to meet the most serious water pollution control prob-
lems as determined by the Administrator. The new allocation for-
[p. 46]
mula would give the Administrator a degree of flexibility to direct
construction grant funds to areas where funds are most critically
needed and where they can be most effectively used. This para-
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2232 LEGAL COMPILATION—GENERAL
graph would also provide for the reallotment of any sums which
are not obligated by a State at the end of a fiscal year because of a
lack of certified projects. [The Act now calls for reallotment after
18 months.] These funds would be realloted by the Administrator
to meet the most serious water pollution control needs in accord-
ance with the fourth factor mentioned above.
Paragraph 8 (a) (5) would authorize Federal payments in reim-
bursement of State or local funds used to pre-finance the Federal
share of qualified projects on which construction was initiated
after June 30, 1966, but prior to July 1, 1971. Paragraph 8 (a) (6)
would extend this authorization with respect to projects on which
construction is initiated after June 30, 1971, in order to continue
to provide some encouragement to localities to initiate projects
even though Federal funding is not then available. However, proj-
ects commenced after June 30, 1971, would not qualify for reim-
bursement unless, prior to the initiation of construction, the Ad-
ministrator makes three findings. He would be required to find
(1) that the State in which the project is located has given fund-
ing priority in the current fiscal year to projects in more advanced
stages of construction; (2) that the project is necessary to achieve
compliance with water quality standards; and (3) that construc-
tion on the project will be initiated within a reasonable period of
time. This approach would give the Administrator some control
over the accumulation of reimbursables and thus minimize abusive
practices.
Paragraph 8 (a) (7) would direct the Administrator to make
grant payments through the disbursing facilities of the Depart-
ment of the Treasury. Such payments would be required to be used
exclusively to meet the costs of construction.
Paragraph 8 (a) (8) would retain the provisions from the pres-
ent Act which direct the Administrator to make certain determi-
nations with regard to the adequacy of wages of laborers working
on projects funded under subsection 8 (a).
Paragraph 8 (a) (9) would define certain terms used in subsec-
[P. 47]
tion 8(a). Subparagraph 8(a) (9) (A) would define "industrial
wastes" as waste discharges (other than domestic sewage) from
industries identified in the Standard Industrial Classification Man-
ual and other wastes as determined by the Administrator. Subpar-
agraph 8 (a) (9) (B) would retain essentially the same definition
of "construction" as appears in the present Act which includes a
range of activities from preliminary planning to the actual instal-
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GUIDELINES AND REPORTS 2233
lation of the facility and alterations and improvements of the
facility.
Subsection 8(b) would direct the Administrator to administer
section 8 and related sections so as to encourage and assist gran-
tees in developing adequate legal, institutional, managerial and
financial capability for meeting foreseeable future waste treat-
ment needs to achieve compliance with applicable water quality
standards. Future waste treatment needs would include the opera-
tion, maintenance, expansion and replacement of treatment works.
This would be an important new provision to encourage local
self-sufficiency and possibly to reduce the future levels of Federal
funding needed for treatment works construction.
Subsection 8(c) would authorize the Administrator to incur
obligations in the form of grants in an aggregate amount of $6
billion. Of this sum, $2 billion would be available for each of the
three fiscal years beginning with fiscal year 1972. A new concept
would be involved whereby the Administrator would be authorized
to obligate these sums without a prior appropriation, with the
understanding that Congress would appropriate funds to liquidate
obligations as they came due each year. Such an approach is
preferable to an annual appropriation because it would provide
long-term assurance of Federal funding enabling State and local
governments to plan their programs on an orderly basis. This
subsection would authorize the appropriation of the sums required
to liquidate any obligations incurred. The sums authorized to be
obligated would remain available until obligated.
Subsection 8(d) would provide for an accelerated water quality
management planning program designed to meet short-term and
long-term water pollution control objectives and to complement
[p. 48]
recently issued regulations requiring that construction grant proj-
ects be included in a metropolitan, basin, or regional pollution
abatement plan. Paragraph 8(d) (1) would authorize the Admin-
istrator to make grants for water quality management planning
for basins, metropolitan areas and regions, in amounts not to
exceed 75 percent of the expenses of developing such plans. Those
eligible to receive grants would include any State, interstate, mu-
nicipal or intermunicipal agency as well as any organization of
public officials eligible for assistance under section 701 (g) of the
Housing Act of 1954.
A planning grant application would be required to satisfy the
requirements listed in paragraph 8(d)(2). Subparagraph
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2234 LEGAL COMPILATION—GENERAL
8(d) (2) (A) would require that a single agency have the exclusive
responsibility to carry out the planning project in a given area.
Subparagraph 8(d) (2) (B) would require that a proposed plan-
ning project be entitled to priority over other eligible projects.
The Governor of each State involved in accordance with regula-
tions issued by the Administrator, would be required to approve a
project's entitlement for priority over other eligible projects plan-
ning on the basis of water quality management needs. In making a
determination, the Governor would be required to consider various
factors such as the abatement and prevention measures needed in
the area, the existence and adequacy of similar plans for the area,
the scheduled construction of various facilities including treat-
ment works, population growth, land planning and other environ-
mental factors. Subparagraph 8(d) (2) (C) would require grant
applications to contain plans outlining how the grant funds will be
spent. Subparagraph 8(d) (2) (D) would require that applications
provide for the submission of progress reports and for the keeping
of records. The Administrator would prescribe the content of such
reports and have access to such records. Subparagraph
8(d) (2) (E) would require applications to contain provisions for
fiscal control and fund-accounting procedures.
Paragraph 8(d) (3) would require agencies receiving planning
grants to develop water quality management plans meeting cer-
tain requirements. Subparagraph 8(d) (3) (A) would require a
[P. 49]
plan to be consistent with water quality standards and to make
recommendations with respect to the maintenance and improve-
ment of such standards. Subparagraph 8(d) (3) (B) would require
recommendations as to the most effective and economical facilities
for the handling and control of wastes. Subparagraph
8(d) (3) (C) would require recommendations for developing the
grantee's capability to meet future waste treatment needs.
Paragraph 8(d) (4) outlines the factors which the Administra-
tor would be required to consider in approving a grant under
subsection 8(d). These factors would include an assessment of
public benefits, the relation of project costs to the public interest,
the capability of the grantee to develop an effective plan for the
area concerned, as well as all of the factors required to be consid-
ered by a Governor in approving the priority of a planning proj-
ect. The Administrator would be required to find that a planning
project is coordinated with and not duplicative of other related
planning activities in the area.
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GUIDELINES AND REPORTS 2235
Paragraph 8(d) (5) would direct the Administrator to certify
that a plan developed under subsection 8(d) or other authority
satisfies all necessary requirements, if such is the case.
Paragraph 8(d) (6) would provide for the funding of planning
grants. Amounts not in excess of seven percent of the sums allo-
cated annually to the respective States under paragraph 8 (a) (4)
for the construction of treatment works would be available for
water quality management planning grants.
Paragraph 8(d) (7) would define certain terms used in subsec-
tion 8(d). Subparagraph 8(d) (7) (A) would define "basin" as an
area determined by the Administrator to constitute a single hy-
drologic system. Subparagraph 8(d) (7) (B) would define "metro-
politan area" as a standard metropolitan statistical area, with
exceptions, or as any urban area determined to be a metropolitan
area by the Administrator. Subparagraph 8(d) (7) (C) would de-
fine "region" as an area other than urban which forms an eco-
nomic and socially related region as determined by the Adminis-
trator.
Subsection 8(e) would direct the Administrator to submit a
[p. 50]
report to Congress by January 10, 1973, on the financial require-
ments for the construction of municipal waste treatment works
for F.Y. 1975 and subsequent fiscal years.
Section 2 of the bill would provide that the provisions of the bill
take effect on July 1,1971.
[p. 51]
ENVIRONMENTAL FINANCING AUTHORITY,
[p. 52]
THE DEPARTMENT OF THE TREASURY,
Washington, D.C.
DEAR MR. [PRESIDENT/SPEAKER] : There is transmitted herewith a pro-
posed bill, "To establish an Environmental Financing Authority to assist
in the financing of waste treatment facilities, and for other purposes."
In his Budget Message to Congress, the President stated that "Legislation
is again proposed to create the Environmental Financing Authority, which
will assist communities that have difficulty in borrowing at reasonable rates
to meet their share of the cost of water pollution control facilities."
The proposed Authority would be authorized to purchase obligations
issued by State or local public bodies to finance the non-Federal share of
the cost of waste treatment construction projects eligible for Federal
financial assistance under the Federal Water Pollution Control Act. No
obligation would be purchased by the Authority unless the public body is
unable to obtain on reasonable terms sufficient credit elsewhere to finance
-------
2236 LEGAL COMPILATION—GENERAL
its needs. The Authority would be authorized to issue its own securities
in the capital market to finance its purchases of State and local obligations.
To provide initial capital for the Authority, the Secretary of the Treasury
would be authorized to advance up to $100 million to the Authority. In
addition, the Secretary of the Treasury would be authorized and directed
to make annual payments to the Authority in amounts necessary to cover
the difference between the interest costs on debt issued by the Authority
and the interest receipts from State and local governments on the obligations
purchased.
[p. 53]
With the proposed Authority in operation, no municipality should be
prevented from participating in the Federal waste treatment assistance
program by its inability to finance on reasonable terms its share of the
program cost.
The Department has been advised by the Office of Management and
Budget that enactment of the proposed legislation would be in accord with
the program of the President.
Sincerely yours,
DAVID M. KENNEDY.
HON. SPIRO T. AGNEW,
President of the Senate,
Washington, B.C.
HON. CARL B. ALBERT,
Speaker of the House of Representatives,
Washington, D.C.
[p. 54]
A BILL To establish an Environmental Financing Authority to assist in
the financing of waste treatment facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act
may be cited as the "Environmental Financing Act of 1971".
CREATION OF AUTHORITY
Section 2. There is hereby created a body corporate to be known
as the Environmental Financing Authority, which shall have suc-
cession until dissolved by Act of Congress. The Authority shall be
subject to the general supervision and direction of the Secretary
of the Treasury. The Authority shall be an instrumentality of the
United States Government and shall maintain such offices as may
be necessary or appropriate in the conduct of its business.
PURPOSE
Section 3. The purpose of this Act is to assure that inability to
borrow necessary funds on reasonable terms does not prevent any
State or local public body from carrying out any project for con-
struction of waste treatment works determined eligible for assist-
ance pursuant to section 5 of this Act.
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GUIDELINES AND REPORTS 2237
BOARD OF DIRECTORS
Section 4. (a) The Authority shall have a Board of Directors
consisting of five persons, one of whom shall be the Secretary of
the Treasury or his designee as Chairman of the Board, and four
of whom shall be appointed by the President from among the
officers or employees of the Authority or of any department or
agency of the United States Government.
(b) The Board of Directors shall meet at the call of its Chair-
man. The Board shall determine the general policies which shall
govern the operations of the Authority. The Chairman of the
Board shall select and effect the appointment of qualified persons
to fill the offices as may be provided for in the bylaws, with such
executive functions, powers, and duties as may be prescribed by
the bylaws or by the Board of Directors, and such persons shall be
the executive officers of the Authority and shall discharge all such
[p. 56]
executive functions, powers, and duties. The members of the
Board, as such, shall not receive compensation for their services.
FUNCTIONS
Section 5. (a) The Authority is authorized to make commit-
ments to purchase and to purchase on terms and conditions deter-
mined by the Authority, any obligation or participation therein
which is issued by a State or local public body to finance the
non-Federal share of the cost of any project for the construction
of waste treatment works which the Administrator of the Envi-
ronmental Protection Agency has determined to be eligible for
Federal financial assistance under the Federal Water Pollution
Control Act (33 U.S.C. 466).
(b) No commitment shall be entered into, and no purchase shall
be made, unless the Administrator of the Environmental Protec-
tion Agency (1) has certified that the public body is unable to
obtain on reasonable terms sufficient credit to finance its actual
needs; (2) has approved the project as eligible under the Federal
Water Pollution Control Act (33 U.S.C. 466) ; and (3) has agreed
to guarantee timely payment of principal and interest on the obli-
gation. The Administrator is authorized to guarantee such timely
payments and to issue regulations as he deems necessary and
proper to protect such guarantees. Appropriations are hereby au-
thorized to be made to the Administrator in such sums as are
necessary to make payments under such guarantees, and such
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2238 LEGAL COMPILATION—GENERAL
payments are authorized to be made from such appropriations or
from any other available funds.
(c) No purchase shall be made of obligations issued to finance
projects, the permanent financing of which occurred prior to the
enactment of this Act.
(d) Any purchase by the Authority shall be upon such terms
and conditions as to yield a return at a rate determined by the
Secretary of Treasury taking into consideration (i) the current
average yield on outstanding marketable obligations of the United
States of comparable maturity or in its stead whenever the Au-
thority has sufficient of its own long-term obligations outstanding,
the current average yield on outstanding obligations of the Au-
[P. 57]
thority of comparable maturity; and (ii) the market yields on
municipal bonds.
(e) The Authority is authorized to charge fees for its commit-
ments and other services adequate to cover all expenses and to
provide for the accumulation of reasonable contingency reserves
and such fees shall be included in the aggregate project costs.
INITIAL CAPITAL
Section 6. To provide initial capital to the Authority, the Secre-
tary of the Treasury is authorized to advance the funds necessary
for this purpose. Each such advance shall be upon such terms and
conditions as to yield a return at a rate not less than a rate
determined by the Secretary of the Treasury taking into consider-
ation the current average yield on outstanding marketable obliga-
tions of the United States of comparable maturities. Interest pay-
ments on such advances may be deferred, at the discretion of the
Secretary, but any such deferred payments shall themselves bear
interest at the rate specified in this section. There is authorized to
be appropriated not to exceed $100,000,000, which shall be availa-
ble for the purposes of this section without fiscal year limitation.
OBLIGATIONS OF THE AUTHORITY
Section 7. (a) The Authority is authorized, with the approval of
the Secretary of the Treasury, to issue and have outstanding obli-
gations having such maturities and bearing such rate or rates of
interest as may be determined by the Authority. Such obligations
may be redeemable at the option of the Authority before maturity
in such manner as may be stipulated therein.
-------
GUIDELINES AND REPORTS 2239
(b) As authorized in appropriation Acts, and such authoriza-
tions may be without fiscal year limitation, the Secretary of Treas-
ury may in his discretion purchase or agree to purchase any obli-
gations issued pursuant to subsection (a) of this section and for
such purpose the Secretary of the Treasury is authorized to use as
a public debt transaction the proceeds of the sale of any securities
hereafter issued under the Second Liberty Bond Act as now or
hereafter in force, and the purposes for which securities may be
issued under the Second Liberty Bond Act as now or hereafter in
[p. 58]
force, are extended to include such purchases. Each purchase of
obligations by the Secretary of the Treasury under this subsection
shall be upon such terms and conditions as to yield a return at a
rate not less than a rate determined by the Secretary of the Treas-
ury taking into consideration the current average yield on out-
standing marketable obligations of the United States of compara-
ble maturities. The Secretary of the Treasury may sell, upon such
terms and conditions and at such price or prices as he shall deter-
mine, any of the obligations acquired by him under this subsec-
tion. All purchases, and sales by the Secretary of the Treasury of
such obligations under this subsection shall be treated as public
debt transactions of the United States.
FEDERAL PAYMENT TO THE AUTHORITY
Section 8. The Secretary of the Treasury is authorized and
directed to make annual payments to the Authority in such
amounts as are necessary to equal the amount by which the dollar
amount of interest expense accrued by the Authority on account of
its obligations exceeds the dollar amount of interest income ac~
crued by the Authority on account of obligations purchased by it
pursuant to section 5 of this Act.
GENERAL POWERS
Section 9. The Authority shall have power—
(a) to sue and be sued, complain and defend, in its corpo-
rate name;
(b) to adopt, alter, and use a corporate seal, which shall be
judicially noticed;
(c) to adopt, amend, and repeal bylaws, rules, and regula-
tions as may be necessary for the conduct of its business;
(d) to conduct its business, carry on its operations, and
-------
2240 LEGAL COMPILATION—GENERAL
have offices and exercise the powers granted by this Act in
any State without regard to any qualification or similar stat-
ute in any State;
(e) to lease, purchase, or otherwise deal in and with any
property, real, personal, or mixed, or any interest therein,
wherever situated;
(f) to accept gifts or donations of services, or of property,
real, personal, or mixed, tangible or intangible, in aid of any
of the purposes of the Authority.
tP- 59]
(g) to sell, convey, mortgage, pledge, lease, exchange, and
otherwise dispose of its property and assets;
(h) to appoint such officers, attorneys, employees, and
agents as may be required, to define their duties, to fix and to
pay such compensation for their services as may be deter-
mined, subject to the civil service and classification laws, to
require bonds for them and pay the premium thereof; and
(i) to enter into contracts, to execute instruments, to incur
liabilities, and to do all things as are necessary or incidental
to the proper management of its affairs and the proper con-
duct of its business.
TAX EXEMPTION
Section 10. The Authority, its property, its franchise, capital,
reserves, surplus, security holdings, and other funds, and its in-
come shall be exempt from all taxation now or hereafter imposed
by the United States or by any State or local taxing authority;
except that (1) any real property and any tangible personal prop-
erty of the Authority shall be subject to Federal, State, and local
taxation to the same extent according to its value as other such
property is taxed, and (2) any and all obligation issued by the
Authority shall be subject both as to principal and interest to
Federal, State, and local taxation to the same extent as the obliga-
tions of private corporations are taxed.
OBLIGATION AS LAWFUL INVESTMENTS, ACCEPTANCE AS SECURITY
Section 11. All obligatons issued by the Authority shall be
lawful investments, and may be accepted as security for all fidu-
ciary, trust, and public funds, the investment or deposit of which
shall be under authority or control of the United States or of any
officer or officers thereof. All obligations issued by the Authority
-------
GUIDELINES AND REPORTS 2241
pursuant to this Act shall be deemed to be exempt securities with-
out the meaning of laws administered by the Securities and Ex-
change Commission, to the same extent as securities which are
issued by the United States.
PREPARATION OF OBLIGATIONS
Section 12. In order to furnish obligations for delivery by the
Authority, the Secretary of Treasury is authorized to prepare
[p. 60]
such obligations in such form as the Authority may approve, such
obligations when prepared to be held in the Treasury subject to
delivery upon order by the Authority. The engraved plates, dies,
bed pieces, and so forth, executed in connection therewith shall
remain in the custody of the Secretary of the Treasury. The Au-
thority shall reimburse the Secretary of the Treasury for any
expenditures made in the preparation, custody, and delivery of
such obligations.
ANNUAL REPORT
Section 13. The Authority shall, as soon as practicable after the
end of each fiscal year, transmit to the President and the Congress
an annual report of its operations and activities.
OBLIGATIONS ELIGIBLE FOR PURCHASE BY NATIONAL BANKS
Section 14. The sixth sentence of the seventh paragraph of
section 5136 of the Revised Statutes, as amended (12 U.S.C. 24),
is amended by inserting "or obligations of the Environmental
Financing Authority" immediately after "or obligations, partici-
pation or other instruments of or issued by the Federal National
Mortgage Association or the Government National Mortgage As-
sociation."
GOVERNMENT CORPORATION CONTROL ACT
Section 15. The budget and audit provisions of the Government
Corporation Control Act (31 U.S.C. 846) shall be applicable to the
Environmental Financing Authority in the same manner as they
are applied to the wholly owned Government corporations.
PERMANENT APPROPRIATION FOR FEDERAL PAYMENT TO AUTHORITY
Section 16. Section 3689 of the Revised Statutes, as amended
(31 U.S.C. 711), is further amended by adding a new paragraph
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2242 LEGAL COMPILATION—GENERAL
following the last paragraph appropriating moneys for the pur-
poses under the Treasury Department to read as follows:
"Payment to the Environmental Financing Authority: For pay-
ment to the Environmental Financing Authority under section 8
of the Environmental Financing Act of 1971."
SEPARABILITY
Section 17. If any provision of this Act or the application
thereof to any person or circumstance, is held invalid, the validitj
of the remainder of the Act, and the application of such provisions
to other persons or circumstances, shall not be affected.
[P. 61]
STATE PROGRAM GRANTS,
[p. 62]
ENVIRONMENTAL PROTECTION AGENCY,
Washington, D.C.
DEAR MR. [PRESIDENT/SPEAKER] : Enclosed is a draft of proposed legisla-
tion to amend the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1151 et seg.).
We recommend that this bill be referred to the appropriate committee
for consideration, and we recommend that it be enacted.
The bill would provide increased authorizations for appropriations for
purposes of State and interstate water pollution prevention and control
programs, increase the Administrator's grant-awarding flexibility, and add
bonus incentives for specific categories of program improvements, and
grants for special pollution control projects.
Authorizations for appropriations would be increased each year for four
years on a sliding-scale basis from $15 million for fiscal year 1972 to
$30 million for fiscal year 1975. Increased Federal financial support of
State and interstate water pollution control programs is essential if States
and interstate agencies are to meet the increased responsibilities and
obligations which result from participation in national pollution control
programs. Emphasis would be placed on development, performance and
substantial improvements to the programs. Grants for the basic programs
would continue, but the criteria for disapproval of a State program plan
would be simplified, and criteria for the certification of priority of waste
treatment works would be required to meet with the Administrator's
approval. Flexibility would be provided by the addition of three new
[p. 64]
categories of grants: (1) program development grants, (2) program
improvement grants, and (3) special project grants which are intended to
encourage and support substantial program developments and improvements.
Through the identification of the essential elements of an "improved
water pollution control program"—a permit system, a treatment facilities
program, a training program, an improved personnel system, and a planning
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GUIDELINES AND REPORTS 2243
capability—both the States and the Federal government will more accurately
direct their efforts and resources to those essential ingredients of an
effective program. The new Federal grant money would provide support
for specific program achievements. The major emphasis will be focused
upon effective performance and substantial improvement of State and
interstate programs.
Through the use of special project grants the Administrator would be
provided with flexibility to deal with unusual pollution problems which
affect a State or interstate program.
Technical amendments to section 5 of the Act, relating to research and
development, would extend authorizations for appropriations for research
and demonstration authorities through FY '72.
Section 6 of the Act relating to development of technology in the areas of
advanced waste treatment, combined sewers, and industrial waste treatment,
would be amended to authorize the development of such technology within
the Environmental Protection Agency as well as through grants and
contracts.
Section 23 of the Act would be amended to add American Samoa and
the Trust Territories of the Pacific Islands to the definition of "State".
This would provide for consistency within the Act, and would extend our
pollution control efforts to all areas of United States responsibility.
[p- 65]
This proposed bill is part of the President's environmental program as
announced in his Environmental message of February 8, 1971.
The Office of Management and Budget has advised that this proposed
legislation would be in accord with the program of the President.
Sincerely yours,
WILLIAM D. RUCKELSHAUS.
HON. SPIRO T. AGNEW,
President of the Senate,
Washington, D.C.
HON. CARL B. ALBERT,
Speaker of the House of Representatives,
Washington, D.C.
[p. 66]
A BILL To amend the Federal Water Pollution Control Act, as amended.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
Water Pollution Control Act, as amended (33 U.S.C.A. 1151 et
seq.) is further amended as follows:
Sec. 1. Section 7 of the Act is amended to read as follows:
"SEC. 7. (a) There are hereby authorized to be appropriated the
following sums, to remain available until expended, to carry out
the purposes of this section—
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2244 LEGAL COMPILATION—GENERAL
$15,000,000 for the fiscal year ending June 30,1972;
$20,000,000 for the fiscal year ending June 30,1973;
$25,000,000 for the fiscal year ending June 30,1974; and
$30,000,000 for the fiscal year ending June 30,1975
for grants to States and to interstate agencies to assist them in
meeting the costs of establishing and maintaining adequate mea-
sures for the prevention and control of water pollution Provided,
That not less than $10,000,000 shall be available for the allotments
authorized by subsections (b) and (d) hereof.
" (b) From the sums available therefor for any fiscal year, the
Administrator shall make allotments to the several States for
their basic State water pollution control program, in accordance
with regulations, on the basis of (1) population, (2) extent of
water pollution, and (3) financial need.
"(c) From each State's allotment under subsection (b) for any
fiscal year, the Administrator may pay to such State an amount
equal to its Federal share (as determined under subsection (g))
of the cost of carrying out its basic State water pollution control
program pursuant to a plan approved under subsection (e), in-
cluding the cost of training personnel for State and local water
pollution control work and including the cost of administering the
[p. 67]
State plan. Nothing herein shall prevent a State from expending
grant funds for State program purposes through participation in
interstate agencies.
"(d) From the sums available therefor for any fiscal year, the
Administrator shall, from time to time, make allotments to inter-
state agencies for their basic interstate water pollution control
program in accordance with regulations on such basis as the Ad-
ministrator finds reasonable and equitable. The Administrator
may, from time to time, pay to each such agency from its allot-
ment, an amount not in excess of such portion of the cost of
carrying out its basic interstate water pollution control program
pursuant to a plan approved under subsection (e), as may be
determined in accordance with regulations, including the cost of
training personnel for water pollution control work and including
the cost of administering the interstate agency's basic program.
"(e) The Administrator may approve any plan for a program
to prevent and control water pollution which is submitted by the
State water pollution control agency or an interstate agency, if
such plan—
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GUIDELINES AND REPORTS 2245
"(1) provides for administration or for the supervision of
administration of the plan by the State water pollution con-
trol agency, or in the case of a plan submitted by an inter-
state agency, by such interstate agency;
" (2) provides that such agency will make such reports, in
such form and containing information, as the Administrator
may, from time to time, reasonably require to carry out his
functions under this Act;
"(3) sets forth the plans, policies, and methods to be fol-
lowed in carrying out the State (or interstate) plan and its
administration.
"(4) provides for extension or improvement of the State or
interstate program for prevention and control of water pollu-
tion;
"(5) provides such accounting, budgeting, and other fiscal
methods and procedures as are necessary for the proper and
efficient administration of the plan; and
"(6) provides acceptable criteria to be used by the State in
[p. 68]
determining priority of projects as provided in section
8(a)(2)(D).
The Administrator shall not disapprove any plan without first
giving reasonable notice and opportunity for a conference
with the Administrator to the State water pollution control
agency or interstate agency which has submitted such plan.
"(f) (1) Whenever the Administrator, after reasonable notice
to a State water pollution control agency or interstate agency and
an opportunity for a conference of such agency with the Adminis-
trator, finds that—
"(A) the plan submitted by such agency and approved
under this section has been so changed that it no longer
complies with a requirement of subsection (e) of this
section; or
"(B) in the Administration of the plan there is a fail-
ure to comply substantially with such a requirement, the
Administrator shall notify such agency that no further
payments will be made to the State or to the interstate
agency, as the case may be, under this section (or in his
discretion that further payments will not be made to the
State, or to the interstate agency, for projects under or
parts of the plan affected by such failure) until he is
satisfied that there will no longer be any such failure.
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2246 LEGAL COMPILATION—GENERAL
Until he is so satisfied, the Administrator shall make no
further payments to such State, or to such interstate
agency, as the case may be, under this section (or shall
limit payments to projects under or parts of the plan in
which there is no such failure).
"(g)(1) As used in this section, the 'Federal share' for any
State shall be 100 per centum less that percentage which bears the
same ratio to 50 per centum as the per capita income of such State
bears to the per capita income of the United States, except that—
"(A) the Federal share shall in no case be more than
66-2/3 per centum, and
"(B) the Federal share for Gaum, American Samoa,
the Virgin Islands, and the Trust Territory of the Pacific
Islands shall be 66-2/3 per centum.
[p. 69]
"(2) The Federal shares shall be promulgated by the Ad-
ministrator between July 1 and September 30 of each even-
numbered year, on the basis of the average of the per capita
incomes of the States and of the continental United States for
the three most recent consecutive years for which satisfactory
data are available from the Department of Commerce.
"(3) As used in this subsection, the term 'United States'
means the fifty States and the District of Columbia.
"(4) The population of the several States shall be deter-
mined on the basis of the latest figures furnished by the
Department of Commerce.
"(5) The regulations relating to the portion of the cost of
carrying out the interstate agency plan which shall be borne
by the Federal Government shall be designed to place such
agencies, so far as practicable, on a basis similar to that of
the States.
"(h) (1) If the Governor of any State or the head of an inter-
state agency files a letter of intent with the Administrator that
such State or interstate agency will develop an improved water
pollution control program which takes into account the provisions
of subsection (i) of this section; and if the Administrator, in
accordance with regulations, is reasonably assured that such State
or interstate agency will develop an improved water pollution
control program, he may make a grant in any fiscal year to such
State or interstate agency in an amount not to exceed 25 per
centum of such State or interstate agency's Federal share under
subsections (c) or (d) of this section during such fiscal year.
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GUIDELINES AND REPORTS 2247
"(2) No grant shall be made to any State or interstate
agency under this subsection in any fiscal year unless during
such fiscal year such State or interstate agency is conducting
a basic program to prevent and control water pollution under
a plan approved pursuant to subsection (e) of this section.
"(i) As used in this section 'improved water pollution control
program' shall be one which the Administrator determines, in
accordance with regulation, is developed by a State or interstate
agency whereby such State or interstate agency enhances the qual-
[P. 70]
ity of its waters for required uses and needs. In making his deter-
mination, the Administrator shall consider whether such program
includes—
"(1) an effective mandatory permit system covering all
municipal, industrial, and other significant waste sources, in-
cluding discharge requirements, with adequate State imple-
mentation and enforcement authority;
"(2) a sewage treatment facilities program pursuant to
which such facilities are planned, constructed, and main-
tained so as to achieve efficiency, economy, and water quality
enhancement, including comprehensive regulation of the oper-
ation and maintenance of such facilities; a program of
comprehensive State review of engineering plans and speci-
fications for all proposed waste collection and treatment
facilities; adequate State manpower to implement the
program, and mandatory certification of facility operators;
"(3) a program of training and development of water pol-
lution control personnel designed to achieve full implementa-
tion of the State water pollution control program;
"(4) balanced State personnel recruitment program, with
an adequate msrit system, job classifications, and competitive
salary schedules; and
"(5) a program of planning, including the development and
maintenance of planning capability in the State agency and
the capacity to adequately evaluate river basin, regional, and
metropolitan water quality planning."
"(j)(l) If the Administrator determines in accordance with
regulations, that a State or interstate agency has developed one or
more of the provisions enumerated in subsection (i), he may
grant to such State or interstate agency an amount not in excess
of 40 per centum of the Federal share for such State or interstate
agency for each fiscal year for each such element; except that the
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2248 LEGAL COMPILATION—GENERAL
amount of such grant may be increased to an amount not exceed-
ing 250 per centum of the Federal share of such State or inter-
state agency if the Administrator determines that such agency has
[p. 71]
developed all five of the elements enumerated in subsection (i).
" (2) Whenever the eligible bonuses under this section are
greater than the amount appropriated, bonuses shall be made
available to States in order of priority corresponding to the
times when such States initially become eligible for such
bonuses.
" (3) Grants made under this subsection shall be in addition
to any grants made under other subsections of this section.
"(k) (1) From any sums that may be available therefor in any
fiscal year, which are not expended for grants under other subsec-
tions of this section, and which do not exceed ten per centum of
the total amount of funds appropriated for grants under this
section in such fiscal year, the Administrator may make grants to
States and to interstate agencies to support water pollution con-
trol projects which are exceptional because of the nature and
scope of the water pollution problems toward which they are di-
rected and the impact on State or interstate programs.
Sec. 2. Section 5 of the Act is hereby amended by amending
subsection (n) thereof to read as follows:
"(n) There is authorized to be appropriated to carry out this
section, other than subsections (g) (1) and (2), not to exceed
$65,000,000 for the fiscal year ending June 30, 1972. There is
authorized to be appropriated to carry out subsection (g) (1) not
to exceed $7,500,000 for the fiscal year ending June 30, 1972; and
to carry out subsection (g) (2) not to exceed $2,500,000 for the
fiscal year ending June 30,1972.
Sec. 3. Section 6 of the Act is hereby amended as follows:
(1) by amending subsection (a) as follows:
"(a) The Administrator is authorized to conduct in the
Environmental Protection Agency and to make grants to and
enter into contracts with any State, municipality, or inter-
municipal or interstate agency for the purpose of—
"(1) developing or assisting in the development of any
project which will demonstrate a new or improved
method of controlling the discharge into any waters of
[P. 72]
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GUIDELINES AND REPORTS 2249
untreated or inadequately treated sewage or other wastes
from sewers which carry storm water or both storm
water and sewage or other wastes, or
"(2) developing or assisting in the development of any
project which will demonstrate advanced waste treat-
ment and water purification methods (including the tem-
porary use of new or improved chemical additives which
provide substantial immediate improvement to existing
treatment processes) or new or improved methods of
joint treatment systems for municipal and industrial
wastes, and for the purposes of reports, plans, and speci-
fications in connection therewith.
(2) by amending subsection (b) thereof to read as follows:
"(b) The Administrator is authorized to conduct in the
Environmental Protection Agency and to make grants to and
enter into contracts with appropriate public (whether Fed-
eral, State, interstate, or local) authorities, agencies, and in-
stitutions, private agencies and institutions, and individuals
for the conduct of, research and demonstration projects for
prevention of pollution of waters by industry including, but
not limited to, treatment of industrial waste.
(3) by amending subsection (e) thereof to read as follows:
"(e) For the purpose of this section there are authorized to
be appropriated—
"(1) for the purposes set forth in subsections (a) and
(b) of this section, the sum of $20,000,000 for the fiscal
year ending June 30,1972;
"(2) for the purposes set forth in clause (2) of
subsection (a), the additional sum of $20,000,000 for the
fiscal year ending June 30, 1972; and
"(3) for the purposes set forth in subsection (b) the
additional sum of $20,000,000 for the fiscal year ending
June 30,1972."
Sec. 4. Section 23 of the Act is hereby amended by striking out "the
Virgin Islands and Guam" from subsection (d) thereof,
and by inserting in lieu thereof the following: "Guam,
American Samoa, the Virgin Islands, and the Trust Ter-
ritory of the Pacific Islands."
[P. 73]
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2250 LEGAL COMPILATION—GENERAL
WATER QUALITY STANDARDS AND ENFORCEMENT,
[p. 74]
ENVIRONMENTAL PROTECTION AGENCY,
Washington, D.C.
HON. SPIRO T. AGNEW,
President of the Senate,
Washington, D.C.
HON. CARL B. ALBERT,
Speaker of the House of Representatives,
Washington, D.C.
DEAR MR. [PRESIDENT/SPEAKER] : Enclosed is a draft of a proposed bill
"To amend the Federal Water Pollution Control Act, as amended."
We recommend that the bill be referred to the appropriate committee for
consideration, and that it be enacted.
The proposed legislation would amend section 10 of the Act to strengthen
and clarify the authority of the Administrator in the establishment and
enforcement of water quality standards, and would add new authorities
relating to monitoring, surveillance, citizens' suits, and abatement of
pollution from hazardous substances.
The Water Quality Improvement Act of 1970 provided important new
authorities for the enhancement of water quality. These new authorities
will assist in controlling water pollution caused by oil and hazardous
substances, in carrying out an important new State-Federal program for
the prevention of water pollution from federally licensed or permitted
activities, and in other areas.
Further strengthening of the Act is now necessary, however, to enable
this Agency to play a more active role in working with State and local
governments to prevent and abate pollution of our Nation's waters. The
changes we are proposing are discussed in detail below.
Section 10(a) of the present Act makes subject to abatement pollution
of interstate or navigable waters which endangers the health or welfare
of persons. The proposed bill would extend this jurisdiction to include
[p. 76]
expressly ground waters, tributaries of interstate and navigable waters,
pollution of waters of the contiguous zone which adversely affects water
quality in the territorial sea, and pollution of the high seas resulting
from discharges of matter transported from United States territory. The
present Act also contains an inadequate definition of the term "water
quality standards." The proposed bill would define water quality standards
to mean water quality standards established under existing law, and in
addition, water use designations, water quality criteria, effluent require-
ments, and plans of implementation and enforcement established pursuant
to new requirements contained in the bill.
Section 10 (c) of the present Act provides for the establishment of water
quality standards by the States and for their submission to the Adminis-
trator for determination of their consistency with the requirements of the
Act. No provision is made for rendering guidance to the States in carrying
out their responsibility to develop standards meeting the Act's requirements.
The States have taken many different approaches in developing and sub-
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GUIDELINES AND REPORTS 2251
mitting water quality standards, and the resulting uncertainty and confusion
has delayed the establishment of enforceable standards. The proposed bill
would require the Administrator, within six months after enactment, to
promulgate regulations establishing specifications for water use designations,
water quality criteria, and effluent requirements. Based on those regulations,
the States would submit revised water quality standards for those waters
over which they have jurisdiction. Section 10(e) would authorize the Admin-
istrator to promulgate standards where the State fails, within one year after
publication of the regulations, to submit acceptable standards. It is expected
that the Administrator would exercise this authority only after considering
the reasons for the State's failure to establish standards, and that he would
ordinarily grant extensions beyond the one year provided by the bill if a
State is unavoidably delayed in submission of standards.
[p. 77]
The regulations would provide for distinguishing between different
categories of dischargers, and it is expected that different requirements
would be established for municipal and industrial sources.
Authority would be provided by section 10 (d) for the Administrator to
publish information on recommended pollution control techniques to achieve
compliance with water quality standards. This would not be in the form
of binding regulations, however, since it is felt that the Environmental
Protection Agency should encourage inventive solutions to pollution abate-
ment problems and that to prescribe mandatory control techniques would
discourage the development of private enterprise of improved methods.
Water quality standards under the proposed legislation would include two
elements not previously specified: water use designations and effluent
requirements. Water quality standards in all States would be required to
be revised to include these new elements. However, where water quality
standards have been established under the Water Quality Act of 1965,
it is not anticipated that extensive revisions would be required, except to
incorporate the new elements. The bill would specify a requirement that
the Administrator consult with the States and advise them what specific
elements of approved standards require revision. Existing standards would
be preserved to the extent that they are adequate. Authority of the "Refuse
Act" of 1899, 33 U.S.C. 407, would not be superseded by the new
authorities that would be provided by this proposal. The authorities would
be complementary.
No provision is made under present law for the Governor of a State
to initiate revision of standards. The proposed bill would authorize the
Governor of a State to submit revised standards at any time. Upon the
Administrator's determination that the revised standards submitted by the
State meet the requirements of the regulations issued under section 10(d),
they would become effective.
[p. 78]
The authority of the Administrator to promulgate standards for waters
in areas of exclusive Federal legislative jurisdiction, or where the States
do not have jurisdiction, is unclear under existing laws. The proposed bill
would provide the Administrator with clear authority to establish standards
in such areas after public hearings.
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2252 LEGAL COMPILATION—GENERAL
Two administrative enforcement procedures are authorized under the
existing provisions of section 10: the Administrator may convene an
enforcement conference, or, in cases of violation of water quality standards,
he may issue 180-day notices, followed by court action. These procedures
have not proved sufficiently strong and effective. The enforcement conference
results in "recommendations" which, in case of non-compliance, may be
followed by court action. However, these recommendations are not necessarily
the same as the requirements contained in applicable water quality standards,
and the resulting two sets of requirements may overlap and cause confusion.
We believe that dischargers should be subject to a single set of require-
ments under the Act—water quality standards. Accordingly, the proposed
bill would replace both existing procedures with a new administrative
procedure based on violation of water quality standards (or of effluent
requirements for hazardous substances established under section 10(1)).
This new procedure is set forth in section 10 (f). Upon the Administrator's
determination, on the basis of any available information, that any person
is in violation of water quality standards or the requirements of section
10(1), he is authorized to notify such person of the violation and the
required remedial action, and simultaneously to provide notification to the
water pollution control agencies of the States involved. If the required
remedial action or appropriate State action were not taken within 30 days,
the Administrator would be authorized to issue an order requiring com-
pliance within a specified time. Provision is made for a hearing to review
the order. Following such hearing, the Administrator would be required
to affirm, modify or revoke the order, which would then become his final
order. Judicial review of final orders would be available after exhaustion
[p. 79]
of administrative remedies. The Administrator would be authorized to
assess a civil penalty for violation of a final order of up to $25,000 per day
of violation.
In addition, the Administrator would be authorized to commence a civil
action in the appropriate U.S. District Court for injunctive relief in any
case of violations of water quality standards or of effluent requirements
for hazardous substances established under section 10(1). A civil proceeding
in U.S. Circuit Courts of Appeal could also be initiated to recover a civil
penalty assessed by the Administrator, in cases in which a final order of
the Administrator has been violated. The Court in any such proceeding
would be authorized to assess a civil penalty of not more than $25,000
per day of violation. District Courts would also be authorized to impose
criminal fines of up to $10,000, and imprisonment of up to six months, for
making any false statement in any document or tampering with any
monitoring device required by the section.
Although the enforcement conference would be eliminated by this proposal,
its useful features would be retained in section 10 (g), authorizing the
Administrator to call fact-finding public hearings for the purpose of
obtaining information necessary to carry out the Act, including the
investigation of possible water quality standards violations. Notice of any
hearing would be required to be published in the Federal Register and
in a newspaper of general circulation in the area in which the hearing
is to be held. The hearing would be conducted before a hearing panel,
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GUIDELINES AND REPORTS 2253
consisting of the Administrator's representative and representatives of the
States involved. Any interested person would be permitted to make a
statement of views.
At the conclusion of the hearing, the hearing panel would report its
findings to the Administrator. The Administrator would review the findings,
and would take such action as he deemed appropriate, which could include
[p. 80]
the issuance of an administrative order or the initiation of a civil action
or the establishment of water quality standards.
Even where standards meeting the new requirements which would be
imposed by this bill have been approved by the Administrator, situations
can be foreseen in which revision of the standards would become necessary
and in which it would be desirable to accomplish the revision more
expeditiously than would be possible if the Administrator issued revised
regulations under section 10 (d) and the States submitted revisions within
one year thereafter. For dealing with such cases, the bill would provide
a means of revising the standards with minimum delay. If, after a hearing
under section 10 (g), the Administrator determined that the public health
or welfare required expeditious revision of State water quality standards,
he would be authorized to request a State or States to adopt revised
standards within 60 days. If the State did not adopt acceptable standards
within such period, the Administrator would be authorized, after notice
and hearing, to publish standards and to promulgate them after 30 days
following publication.
Sections 10 (h) and 10 (i) are intended to enable the Administrator to
gain access to information required for effective enforcement, and to assist
him in carrying out other functions under the Act, including research and
planning. Section 10 (h) would provide the Administrator with broad
authority to compel the attendance and testimony of witnesses at hearings,
and to order the production of records. Section 10 (i) would authorize
the Administrator to require dischargers to perform effluent monitoring
and to report the results to this Agency. In exercising this authority the
Administrator would be required to take into consideration the availability
of the desired information from State or local monitoring programs.
Further provisions of this subsection would authorize the Administrator's
representatives to enter and inspect facilities from which discharge is made
into sewers or waters specified in section 10 (c), and to have access to
[p. 81]
monitoring or other records. Any information obtained under section 10 (i)
would be available to the public except information which is shown to the
satisfaction of the Administrator to contain trade secrets.
Section 10(j) would provide emergency authority for the Administrator
to commence a court action in the appropriate U.S. District Court for an
injunction or other appropriate equitable relief whenever a pollution source
presents or may present an imminent and substantial danger to the health
or welfare of any person or to water quality. This subsection is necessary
in case of environmental emergencies, such as the recent discoveries involv-
ing mercury pollution, where the discharge causing the pollution may not
be covered by water quality standards.
Section 10 (k) provides for citizens' suits to enforce standards or
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2254 LEGAL COMPILATION—GENERAL
limitations established under the Act, or to compel the Administrator to
perform non-discretionary acts. The plaintiff would be required to notify
the Administrator at least 60 days prior to commencing any suit, and
would not be allowed to institute an action to enforce a standard or
limitation if the Administrator or a State is taking appropriate action.
The Administrator would be authorized to intervene in any suit in which
he is not a party. This provision parallels recently enacted amendments to
the Clean Air Act.
Section 10(1) would require the Administrator, within 60 days after
enactment of the proposed bill, to publish in the Federal Register a list
of hazardous substances, and, within six months thereafter, to publish
proposed effluent requirements or prohibitions for such substances. Within
90 days after the publication of such requirements or prohibitions, the
Administrator would be required to promulgate them in final form. This
authority would supplement the existing section 12 of the Act, which
provides for Federal clean-up of discharges of hazardous substances, by
establishing prohibitions or limitations of such discharges, enforceable under
section 10 (f) by administrative order or court action.
[p. 82]
We urge that the Congress give prompt and favorable consideration to
this bill in order to assist the Environmental Protection Agency in carrying
out its mission to enhance the quality of the total environment.
This proposed bill is part of the President's environmental program as
announced in his Environmental Message of February 8, 1971.
The Office of Management and Budget has advised that the proposed
legislation is in accordance with the program of the President.
Sincerely yours,
WILLIAM B. EUCKELSHAUS.
[p. 83]
A BILL To amend the Federal Water Pollution Control Act, as amended.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 10
of the Federal Water Pollution Control Act, as amended, is fur-
ther amended to read as follows:
"WATER QUALITY STANDARDS AND ENFORCEMENT
"Sec. 10 (a) As used in this Act:
" (1) The term, 'water quality standards' shall mean—
"(A) Water use designations, water quality criteria,
effluent limitations, and a plan of implementation and
enforcement adopted pursuant to subsection (e) of this
Section; and
"(B) Water quality standards, including water quality
criteria and a plan of implementation and enforcement,
adopted pursuant to the Water Quality Act of 1965, until
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GUIDELINES AND REPORTS 2255
superseded by water quality standards adopted pursuant
to this section.
" (2) The term, 'water use designation' shall mean the legit-
imate and beneficial uses which are or shall be permitted and
protected in waters specified in subsection (c) of this section
or portion thereof.
"(3) The term 'water quality criteria' shall mean those
physical, chemical, and biological characteristics of water
quality which, for a given body of water are required to
permit and protect the uses identified in the water use desig-
nation.
"(4) The term 'effluent limitations' shall mean the permis-
sible quantities of physical, chemical, biological, and other
constituents of effluents which are discharged into waters
specified in subsection (c) of this section.
"(5) The term 'plan of implementation and enforcement'
shall mean a plan for the achievement and maintenance of
water quality criteria and effluent limitations, including pro-
visions for the enforcement of such criteria and effluent limi-
tations.
"(6) The term 'discharge' means any addition of matter to
[p- 84]
waters specified in subsection (c) of this section, whether
such matter enters such waters directly or from runoff or
percolation.
"(7) The term 'person' means an individual, corporation,
partnership, association, State, municipality, commission, or
political subdivision of a State, or any interstate body, and
"(8) The term 'municipality' means city, town, borough,
county, parish, district, or other pliblic body created by or
pursuant to State law.
"(b) Consistent with the policy declaration of this Act, State
and interstate action to abate and control water pollution shall be
encouraged. No action shall be initiated by the Administrator
under subsection (f) of this section in any case if he determines
that the State or States involved are taking appropriate and suffi-
cient action in such case to secure compliance with water quality
standards.
"(c) Water quality standards adopted pursuant to subsection
(e) of this section shall apply to:
" (1) All interstate waters of the United States;
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2256 LEGAL COMPILATION—GENERAL
" (2) All navigable waters of the United States;
" (3) Ground waters;
"(4) The waters of the Contiguous Zone of the United
States, with respect to pollution thereof, which causes or is
likely to cause pollution of the territorial sea of the United
States;
"(5) The waters of the high seas beyond the territorial sea
of the United States, with respect to discharges of matter
transported from or originating in areas over which the
United States has sovereignty; and
"(6) Portions or tributaries of any of the waters specified
in paragraphs (1) through (5) hereof, whether discharges
reach such waters, tributaries, or portions thereof directly or
from runoff or percolation.
"(d)(l) For the purpose of advising States in adopting or
revising water quality standards, the Administrator shall, after
consultation with appropriate Federal and State agencies and
other interested persons, publish within the time specified in para-
graph (6) of this subsection, and from time to time thereafter,
regulations providing specifications and methods to assure that in
[p. 85]
the establishment of water use designations, the use and value of
water for public water supplies, propagation of fish and wildlife,
recreational purposes, agricultural, industrial, navigational, and
other legitimate uses are adequately taken into account.
"The Administrator shall not approve water use designations
if:
"(i) such water use designation specifies transport or as-
similation of waste as a primary use; or
"(ii) the Administrator determines that the use and value
of the waters in question for public water supplies, propaga-
tion of fish and wildlife, recreational purposes, agricultural,
industrial, navigational, and other legitimate uses have not
been adequately taken into account.
"(2) For the purpose of advising States in adopting or
revising water quality standards, the Administrator shall,
after consultation with appropriate Federal and State agen-
cies and other interested persons, publish, within the time
specified in paragraph (6) of this subsection and from time
to time thereafter, regulations establishing specifications for
water quality criteria. Such regulations shall reflect the latest
scientific knowledge useful in indicating the kind and extent
-------
GUIDELINES AND REPORTS 2257
of all identifiable effects on health and welfare and water
quality which may be expected from the presence of a pollu-
tant or combination of pollutants in any body of water in
varying quantities. Such regulations shall, on the basis of
such scientific knowledge, specify the water quality character-
istics required to protect and enhance water quality, including
those minimum or maximum characteristics required to per-
mit and protect usas identified in water use designations, as
well as analytical and test procedures to be used in determin-
ing such characteristics.
"(3) In cases where the quality of water on the effective
date of this section is higher than water quality criteria appli-
cable to any use designation, such high quality shall be main-
tained in accordance with regulations.
"(4) For the purpose of advising States adopting or revis-
[p.86]
ing water quality standards, the Administrator shall also,
after consultation with appropriate Federal and State agen-
cies and other interested persons, publish, within the time
specified in paragraph (6) of this subsection and from time
to time thereafter, regulations providing specifications for
effluent limitations. Such regulations shall set forth the mini-
mum acceptable levels of treatment or control, including al-
lowable amounts of constituents of effluents, and permissible
physical, chemical, and biological characteristics of effluents,
which shall be based on the availability of practicable treat-
ment or control measures and shall be generally applicable to
discharges from various categories of:
"(i) Industrial facilities on which construction was com-
menced prior to the effective date of this subsection;
"(ii) Industrial facilities on which construction shall be
commenced after the effective date of this subsection (taking
into account the best available technology) ;
" (iii) Sanitary sewers and sewage treatment plants; and
" (iv) Other sources.
"(5) For the purpose of providing guidance to the States
in adopting and revising water quality standards, the Admin-
istrator shall also, after consultation with appropriate Fed-
eral and State agencies and other interested persons, develop
and publish within the time specified in paragraph (6) of this
subsection and from time to time thereafter, recommended
pollution control techniques necessary to achieve applicable
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2258 LEGAL COMPILATION—GENERAL
water quality criteria and effluent limitations, including iden-
tification of available technology and data on the effective-
ness, cost, and economic feasibility of alternative methods of
prevention and control of water pollution.
"(6) No later than six months after the date of enactment
of this subsection, the Administrator shall promulgate con-
currently, in accordance with 5 U.S.C. §553, regulations
under paragraphs (1), (2), (3), and (4) of this subsection,
after allowing a reasonable time of at least 45 days, but not to
[P. 87]
exceed 60 days from the publication of proposed regulations,
for interested persons to submit written comments. Revisions
of such regulations shall follow the procedures prescribed in
this paragraph.
"(7) All water quality standards established pursuant to
this section shall be such as to protect the public health and
welfare, enhance the quality of water, and serve the purposes
of this Act.
"(8) (A) Plans of implementation and enforcement shall
include remedial or other measures required to achieve com-
pliance with effluent limitations and water quality criteria.
"(B) No plan of implementation and enforcement
shall be approved by the Administrator unless
"(i) in the case of industrial and municipal dis-
chargers, it provides a phased schedule for the attainment
of compliance with effluent limitations established pur-
suant to this subsection as expeditiously as practicable;
and
"(ii) in the case of sources other than those specified
in subparagraph (B) (i) of this paragraph, it provides
for the attainment of applicable effluent limitations as
expeditiously as practicable; and
"(iii) it identifies the nature and extent of improve-
ment of water quality that is expected to result from
measures in this plan.
"(9) Nothing in this section shall require the revision of
compliance dates specified in plans of implementation and
enforcement included in water quality standards established
pursuant to the Water Quality Act of 1965; provided, that
such dates may be revised pursuant to subsections
(e) (2) (B), (e) (2) (D),and (g) (6) of this section.
"(e) (1) If a State, after public hearings, adopts within the
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GUIDELINES AND REPORTS 2259
time specified in paragraph (2) of this subsection water quality
standards applicable to (i) all waters specified in subsection (c)
hereof over which the State has jurisdiction, or (ii) portions
thereof, and if the Administrator determines that such standards
are consistent with the regulations and requirements established
[p. 88]
pursuant to subsection (d) of this section, such State standards
shall be approved by the Administrator as the water quality stand-
ards applicable to such waters or portions thereof.
"(2) (A) Water quality standards established pursuant to
this Act prior to the effective date of this subsection shall
continue in effect until superseded. If a State has not adopted,
within one year after the promulgation of initial regulations
under subsection (d) of this section, water quality standards
applicable to all waters specified in subsection (c) hereof over
which such State has jurisdiction; or if such State does not,
within one year after the promulgation of regulations, other
than initial regulations, pursuant to subsection (d) of this
section, adopt such revisions of water quality standards as
are consistent with regulations and requirements established
pursuant to subsection (d) of this section, or if the Adminis-
trator determines that any water quality standards adopted
by a State pursuant to this subsection are not consistent with
the requirements of regulations established pursuant to
subsection (d) of this section, the Administrator is author-
ized, after reasonable notice and a public hearing, to be held
in or near the place where the standards will take effect, to
publish proposed regulations setting forth water quality
standards for those waters specified in subsection (c) hereof
over which the State has jurisdiction. If within 60 days from
the date the Administrator publishes such proposed regula-
tions, the State has not adopted water quality standards
which the Administrator finds to be consistent with subsec-
tion (d) of this section, the Administrator shall promulgate
standards which shall be the water quality standards applica-
ble to such waters or portions thereof.
"(B) Water quality standards which, prior to the
effective date of this paragraph, were adopted by a State
and approved by the Administrator under this Act or
submitted to him but not yet so approved by him prior to
such date, and which do not include all of the elements of
water quality standards as defined in subsection
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2260 LEGAL COMPILATION—GENERAL
(a) (1) (A) of this section, shall be supplemented within
the appropriate time specified in subparagraph (A) of
[P. 89]
this paragraph by those elements which are not included.
The Administrator shall consult with the States and shall
advise them what elements, if any, of existing approved
standards shall be required to be revised pursuant to this
subparagraph, giving due consideration to the desirabil-
ity of preserving existing standards to the extent they
are consistent with the purposes of this Act. After the
effective date of this section, the Administrator may con-
tinue to approve standards or portions thereof submitted
to him prior to the effective date of this subsection.
"(C) Where the Administrator publishes regulations
pursuant to subsection (d) of this section subsequent to
the initial publication of regulations thereunder, such
publication shall not constitute an extension of the date
on which a State is required to submit standards pur-
suant to any prior publication of regulations, provided
that where:
"(i) the Administrator has issued regulations pur-
suant to subsection (d) of this section; and
"(ii) less than one year after the issuance of such
regulations the Administrator issues subsequent regula-
tions ; and
"(iii) such subsequent regulations affect the same spe-
cific criteria or other elements of water quality standards
as the prior regulations; a State may, in submitting
standards pursuant to the prior regulations, omit the
elements for which revision will be required pursuant to
the subsequent regulations.
"(D) If at any time the Governor of a State or the
State water pollution control agency, on his or its own
initiative or at the request of the Administrator, revises
all or part of the water quality standards established
under this section for the waters in subsection (c) hereof
over which the State has jurisdiction, and if the Admin-
istrator determines that such revised standards are con-
sistent with the regulations and requirements of subsec-
tion (d) of this section, such standards shall thereafter
be the water quality standards applicable to such waters.
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GUIDELINES AND REPORTS 2261
"(3) For waters in subsection (c) hereof over which the
States do not have jurisdiction, the Administrator shall, after
[P. 90]
reasonable notice and a public hearing, promulgate regula-
tions setting forth such water quality standards for such wa-
ters. Such hearings shall be held in or near the place where
such standards will take effect. Affected States, interstate
agencies, Federal departments and agencies, municipalities,
industries, and other interested persons shall be given an
opportunity to make a full statement of views.
"(f) (1) Whenever, on the basis of any information available to
him, the Administrator determines that any person is in violation
of water quality standards or any element thereof or limitations
established under subsection (1) hereof, he shall notify such per-
son and the water pollution control agency of the State or States
in which such violation is occurring of his determination and of
the remedial action which is required to achieve compliance. If the
Administrator determines at any time after 30 days following
such notice that required remedial action or appropriate State
action has not been taken, he may issue an order for compliance or
request that the Attorney General bring a civil action pursuant to
paragraph (6) of this subsection.
"(2) An order issued pursuant to paragraph (1) of this
subsection shall state with reasonable specificity the nature of
the violation and shall specify: a time for compliance, taking
into account the practicability of compliance; any applicable
compliance schedule which is part of either the applicable
standards or a permit issued under section 407 of title 33 of
the United States Code; the requirements of subsection (1)
hereof; the seriousness of the violation; and any good faith
efforts to comply with water quality standards, requirements
of subsection (1) hereof, or such permit. A copy of any order
issued under this subsection shall be sent to the State water
pollution control agency of the State in which the violation
occurs. In any case in which an order or notice under this
subsection is issued to a corporation, a copy of such order or
notice shall be issued to such corporate officers as the Admin-
istrator may determine to be appropriate.
[P. 91]
"(3) If within 15 days following receipt of an order under
paragraph (1) of this subsection, the person to whom such
-------
2262 LEGAL COMPILATION—GENERAL
order is issued files a request for a hearing, the Administrator
shall promptly hold a public hearing to permit such person to
present information relating to the order or the violation or
both. The person requesting the hearing may be required to
file, in such form as the Administrator may specify, a report
furnishing such information concerning the nature and
amounts of discharges from facilities which he owns, leases,
manages, or controls and which are subject to the order, as
the Administrator may prescribe. Any hearing held pursuant
to this paragraph shall be of record, and shall be subject to
the provisions of section 554 of title 5 of the United States
Code. Based on the record, the Administrator shall affirm,
modify, or revoke the original order by a written decision
which shall constitute his final order. If no hearing is duly
requested pursuant to this paragraph and the Administrator
does not on his own initiative modify or revoke an order
issued pursuant to paragraph (1) of this subsection, such
order shall constitute his final order.
"(4) Any final order under paragraph (3) hereof shall be
subject to judicial review in accordance with section 701 of
title 5 of the United States Code by the United States Court
of Appeals for the circuit in which the violation occurred,
upon the filing of a petition in such court within thirty days
from the date of such order by any person aggrieved thereby
praying that such order be modified to set aside in whole or in
part. The petitioner shall send a copy of such petition to the
Administrator and the appropriate State water pollution con-
trol agency by registered mail. The Administrator shall cer-
tify and file in such court the record upon which the final
order was issued. The court shall hear the petition on the
record made before the Administrator. The court may affirm,
modify, or revoke any order of the Administrator, or may
remand the proceedings to the Administrator for such further
action as it may direct.
"(5) Any person who violates or fails or refuses to comply
[p. 92]
with a final order of the Administrator shall be liable to a
civil penalty in an amount, not to exceed $25,000 per day of
violation, to be determined by the Administrator and subject
to compromise by him, after he has considered the nature,
circumstances, and extent of such violation, the practicability
-------
GUIDELINES AND REPORTS 2263
of compliance with such standards and any good faith efforts
to comply with such order.
"(6) Any final order under paragraph (3) not appealed by
an aggrieved person and any fine assessed by the Administra-
tor under paragraph (5) shall be enforced by the Attorney
General, upon the request of the Administrator, by petition to
the United States Court of Appeals for the circuit in which
the violation occurred.
" (7) The Administrator may request the Attorney General
to commence a civil action for a permanent or temporary
injunction, an order compelling testimony or the production
of records, or such other relief as may be appropriate, when-
ever any person—
" (i) violates water quality standards;
" (ii) fails or refuses to comply with any requirement of
subsection (h) of this section; or
"(iii) fails or refuses to comply with any requirement of
subsection (1) of this section.
Any action under this paragraph may be brought in the appro-
priate United States district court, and such court shall have ju-
risdiction to restrain violations and to require compliance, after
taking into account the factors specified in subsection (f) (2) of
this section. Notice of the commencement of any such action shall
be given to the appropriate State and interstate water pollution
control agencies.
"(8) The court, in any action under paragraph (7) of this
subsection may assess a civil penalty of not more than
$25,000 per day of violation in case of
" (i) any violation of water quality standards;
"(ii) any discharge in violation of subsection (1) of this
section.
"The amount of such penalty shall be determined by the court
after considering the nature, circumstances, and extent of the
violation and any good faith efforts to comply. In any action under
[p.93]
paragraph (7) of this subsection which is subsequent to one or
more previous such actions resulting in the assessment of a pen-
alty for a violation at the same facility, the court may assess a
penalty of not more than $50,000 per day of violation.
"(9) Any person who knowingly makes any material false
statement or representation in any application, record, report,
plan, or other document filed or required to be maintained
-------
2264 LEGAL COMPILATION—GENERAL
under this section or who falsifies, tampers with, or know-
ingly renders inaccurate any monitoring device or method
required to be maintained pursuant to this section shall upon
conviction be punished by a fine of not more than $10,000, or
by imprisonment for not more than six months, or by both.
"(s) (1) Whenever the Administrator, on the basis of any in-
formation available to him or at the request of the Governor of a
State:
"(A) believes or has reason to believe that pollution of
any waters specified in subsection (c) of this section is
occurring which endangers the health or welfare of any
persons, or that water quality standards are being or
may be violated, or
"(B) wishes to investigate any acts, conditions, prac-
tices, or matters in order to determine whether any per-
son has violated or is about to violate any provision of
this Act or any standards established pursuant thereto or
to aid in the carrying out of any of the provisions of this
Act, including the promulgation of water quality stand-
ards, rules or regulations thereunder, or in obtaining
information to serve as a basis for recommending fur-
ther legislation concerning the matters to which this Act
relates, he may call a public hearing for the purpose of
obtaining information and determining the remedial or
other action which may be appropriate.
"(2) Notice of such hearing shall be published in the Fed-
eral Register and in a newspaper of general circulation in or
near the place where the hearing is to be held, and given to
the State and interstate water pollution control agencies of
the State or States in which any discharge causing or contrib-
[P. 94]
uting to any pollution which is to be considered at the hearing
originates, and of any other State or States adversely affected
by any such pollution, to the municipalities concerned, and to
any person believed to be causing or contributing to any such
pollution.
"(3) The Administrator shall give the State or States, any
interstate agency, and the municipalities involved, and every
person contributing to any pollution referred to in paragraph
(1) of this subsection or affected by it, and other interested
persons, an opportunity to make a full statement of views at
the hearing. Such statements may be made under oath or
-------
GUIDELINES AND REPORTS 2265
otherwise, and may be written or oral, as the Administrator
may prescribe.
" (4) The Administrator shall prescribe by regulation the
procedures to be followed in any hearing under this subsec-
tion.
" (5) In any hearing under this subsection, the Administra-
tor or his representative shall invite representatives of the
States in which pollution may be originating, and representa-
tives of States affected by such pollution, to assist him in
conducting such hearing. After any such representatives have
been impaneled, they shall be entitled to question witnesses, to
present evidence, and otherwise fully participate in the hear-
ing. At the conclusion of the hearing, the hearing panel shall
make a report which may contain findings concerning the
existence of pollution, violations of any provisions of this Act,
and recommendations for corrective action and any dissent-
ing views of panel members. After such report is prepared,
the Administrator may take such action pursuant to this Act
as may be appropriate.
" (6) Where, after reviewing the report of a hearing panel,
the Administrator determines that pollution is occurring
which endangers the quality of water or the health and wel-
fare of persons, and that revision of previously established
standards is required, he may request that a State adopt
within a reasonable time, not less than 60 days, specified by
the Administrator, revised standards for those waters speci-
fied in subsection (c) hereof over which the State has juris-
diction. The Administrator shall specify the waters for which
[P- 95]
revision is required, and the specific criteria, effluent limita-
tions, or provisions of the plan of implementation and en-
forcement which require revision. If the State adopts revised
standards pursuant to the Administrator's request, and the
Administrator determines that such revised standards are
consistent with the requirements of subsection (d) of this
section, such revised standards shall be the water quality
standards for such waters. If the State does not, within the
time specified by the Administrator, adopt acceptable revised
standards, the Administrator is authorized, after reasonable
notice and a public hearing, to publish proposed regulations
setting forth such water quality standards. If within 30 days
from the date the Administrator publishes such regulations,
-------
2266 LEGAL COMPILATION—GENERAL
the State has not adopted water quality standards which are
consistent with subsection (d) of this section and with the
purposes of this Act, the Administrator shall promulgate such
standards.
"(7) Notwithstanding any other provisions of this subsec-
tion, the authority of the Administrator pursuant to other
subsections of this section is not affected.
" (h) (1) For the purpose of any hearing held under this section,
the Administrator may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers,
books, and documents, and he may administer oaths. Except for
effluent data, upon a showing satisfactory to the Administrator
that such papers, books, documents, or information or particular
part thereof, if made public would divulge trade secrets or secret
processes, the Administrator shall consider such record, report, or
information or particular portion thereof confidential in accord-
ance with the purposes of section 1905 of title 18 of the United
States Code, except that such paper, book, document, or informa-
tion may be disclosed to other officers, employees, or authorized
representatives of the United States concerned with carrying out
this Act. Such attendance of witnesses and the production of any
such records may be required from any place in the United States
[p. 96]
at any reasonable place designated for the hearing. Witnesses
summoned by the Administrator to appear before him shall be
paid the same fees and mileage that are paid witnesses in the
courts of the United States.
"(2) The testimony of any witness may be taken, at the
instance of a party, in any hearing under this Act, by deposi-
tion, at any time after the notice of the proceeding is pub-
lished. The Administrator may also order testimony to be
taken before any person authorized to administer oaths who
is not counsel or attorney to the party making the deposition.
"(3) If a witness whose testimony may be desired to be
taken by deposition is in a foreign country, the deposition
may be taken before an officer or person designated by the
Administrator, or agreed upon by the parties by stipulation
in writing to be filed with the Administrator. All depositions
must be promptly filed with the Administrator.
"(4) Witnesses whose depositions are taken as authorized
in this Act, and the person or officer taking the same, shall be
-------
GUIDELINES AND REPORTS 2267
entitled to the same fees and mileage that are paid witnesses
in the courts of the United States.
"(i) (1) After the effective date of this subsection, any person
who owns, leases, manages or controls any public or private prop-
erty or facility from which discharge is being made into water
specified in subsection (c) shall with respect to such discharge
install, use, and maintain such monitoring equipment or methods
and establish and maintain such records, make such reports, and
provide such information as the Administrator may require for
the purpose of ascertaining compliance with water quality stand-
ards, taking into account the extent to which such information is
available to the Administrator from State or locally required mon-
itoring.
"(2) The Administrator or his authorized representative,
upon presenting appropriate credentials, is authorized—
" (A) to enter, at reasonable times, any public or pri-
vate property from which discharge is being made into
waters specified in subsection (c) ;
"(B) to inspect and investigate, at reasonable times,
within reasonable limits and in a reasonable manner, the
[p. 97]
operation of collection systems, waste treatment works
or facilities, or conditions relating to pollution or the
possible pollution of such waters; and
"(C) to have access to such record in connection there-
with, including reports or information required by para-
graph (1) of this subsection, as the Administrator may
require.
"(3) Any records, reports, or information obtained under
paragraph (1) of this subsection shall be available to the
public, except that upon a showing satisfactory to the Admin-
istrator that records, reports, or information, or a particular
part thereof (other than effluent data), to which the Admin-
istrator has access under this subsection constitute trade se-
crets or other matter referred to in section 1905 of title 18 of
the United States Code, the Administrator shall consider such
record, report, or information or particular portion thereof
confidential, except that such record, report, or information
may be disclosed to other officers, employees, or authorized
representatives of the United States concerned with carrying
out this Act, and such information may be disclosed in cam-
era relevant in any proceeding under this Act.
-------
2268 LEGAL COMPILATION—GENERAL
"(j) Notwithstanding any other provision of this section, the
Administrator, upon his determination that any discharge or com-
bination of discharges into any of the waters specified in subsec-
tion (c) presents an imminent and substantial danger to the
health or welfare of any person or persons, or to water quality,
may request the Attorney General to bring a suit on behalf of the
United States in the appropriate United States district court to
enjoin immediately any person contributing to the alleged pollu-
tion from further discharges causing such danger and to take such
other action as may be necessary.
"(k) (1) Except as provided in paragraph (2) hereof, any per-
son may commence a civil action on his own behalf—
"(A) against any person, including the United States
and any other governmental instrumentality or agency
(to the extent permitted by the Eleventh Amendment to
[p. 98]
the Constitution), who is alleged to be in violation of any
standard or limitation under this section or a final order
issued by the Administrator or a State with respect to
such a standard or limitation, or
"(B) against the Administrator where there is alleged
a failure of the Administrator to perform any act or duty
under this section which is not discretionary with the
Administrator.
The district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce
such standard or limitation, or such an order, or to order the Ad-
ministrator to perform such act or duty, as the case may be, taking
into account the practicability of compliance; any applicable com-
pliance schedule which is part of either the applicable standards
or a permit issued under section 407 of title 33 of the United States
Code; the requirements of subsection (1) hereof; the seriousness
of the violation; and any good faith efforts to comply with water
quality standards, requirements of subsection (1) hereof, or such
permit.
" (2) No action may be commenced—
"(A) under subparagraph (1) (A) hereof—
"(i) prior to 60 days after the plaintiff has given no-
tice of the violation to the Administrator, to the State in
which the violation occurs, and to any alleged violator of
the standard, limitation, or order; or
"(ii) if the administrator or State has commenced and
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GUIDELINES AND REPORTS 2269
is diligently prosecuting a civil action in a court of the
United States or a State to require compliance with the
standards, limitation, or order; or
"(iii) if the Administrator has issued and is diligently
seeking to enforce an order pursuant to subsection (f) of
this section.
"(B) under subparagraph (1) (B) hereof prior to 60
days after the plaintiff has given notice of such action to
the Administrator in such manner as the Administrator
shall prescribe by regulation.
" (3) (A) Any action respecting a violation of a standard or
limitation or an order respecting such standard or limitation
may be brought only in the judicial district in which the
violation occurs.
[p. 99]
"(B) In any such action under this subsection in
which the United States is not a party, the Attorney
General, at the request of the Administrator, may inter-
vene on behalf of the United States as a matter of right.
"(4) The Court, in issuing any final order in any action
brought pursuant to paragraph (1) hereof, may award costs
of litigation (including reasonable attorney and expert wit-
ness fees) to any party, whenever the court determines such
award is appropriate.
"(5) The injunctive relief provided by this subsection shall
not restrict any right which any person (or class of persons)
may have under any statute or common law to seek enforce-
ment of any standard or limitation or to seek any other relief
(including relief against the Administrator or a State
agency).
"(6) (A) In order to direct notice of the commencement of
any action brought pursuant to paragraph (1) of this subsec-
tion to persons who may join in the action under subpara-
graph (B) of this paragraph, the court, upon motion of any
party made within sixty days of the commencement of the
action, shall order notice published in at least one newspaper
of general circulation in the place where the court sits and
shall direct the Administrator to publish notice in the Federal
Register. The notice shall advise that the judgment, whether
favorable or not, will be binding on all such persons and that
any such person may if he desires join the suit, and shall
-------
2270 LEGAL COMPILATION—GENERAL
contain such other matters and be in such form as the court
may provide.
"(B) Any person who might have brought suit on his
own behalf on the matters alleged in the complaint may
join such suit as a plaintiff, and, in any case where notice
was given as provided in subparagraph (A) of this para-
graph, a failure to join shall bar any subsequent suit
under this subsection by such person as if such person
has joined in such suit.
"(C) In any action under this subsection the court, in
its discretion, may make such orders as it deems appro-
priate to prevent undue repetition or complication in the
presentation of evidence or argument, including orders
that one or more parties may adequately and fairly rep-
resent other parties.
[p. 100]
"(1)(1) The Administrator shall, within sixty days after the
enactment of this section and from time to time thereafter, pub-
lish in the Federal Register a list of those elements and com-
pounds other than oil as denned in section 11 of this Act, or
combination of such elements and compounds which in his judg-
ment possess a high potential for presenting an imminent and
substantial danger to the health or welfare of persons or to water
quality because of their nondegradable or persistent nature or
because they can be biologically magnified, or because they can be
immediately lethal, or because they otherwise cause or tend to
cause detrimental cumulative effects, and which may be subject to
an effluent limitation established under this section. He shall si-
multaneously publish a summary of all evidence available to him
concerning the effects of those elements, compounds, and combina-
tions thereof on the health or welfare of persons or on water
quality.
"(2) Within six months after the publication of such list,
or revision thereof, the Administrator, in accordance with
section 553 of title 5 of the United States Code, shall publish
for comment proposed effluent limitations including, if appro-
priate, prohibition of discharges, of each such element and
compound or combination of elements and compounds to-
gether with a summary of the evidence on which such limita-
tions are based. No later than ninety days after such publica-
tion the Administrator shall promulgate final limitations.
"(3) Prior to publishing any lists or regulations pursuant
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GUIDELINES AND REPORTS 2271
to this subsection the Administrator shall, to the maximum
extent practicable within the time provided, consult with ap-
propriate advisory committees, independent experts, and Fed-
eral departments and agencies.
"(4) The President may exempt any person from any limi-
tation or limitations established under this subsection for a
period of not more than two years if he finds that such ex-
emption is required for reasons of national security. An ex-
emption under this paragraph may be extended for one or
more additional periods, each period not to exceed two years."
[p. 101]
Sec. 2. Section 23 of the Federal Water Pollution Control Act,
as amended, is amended to revise subsection (a) to read as fol-
lows:
"(a) The term 'State water pollution control agency' means a
single State agency designated by that State as the official State
water pollution control agency for purposes of this Act."
and to add the following subsection (g) :
" (g) 'Contiguous zone' means the entire zone defined by article
24 of the Convention on the Territorial Sea and the Contiguous
Zone."
[p. 102]
PESTICIDES,
ENVIRONMENTAL PROTECTION AGENCY,
Washington, D.C.
DEAR MR. [PRESIDENT/SPEAKER] : Enclosed is a draft of a proposed bill
"to protect the public health and welfare and the environment through
improved regulation of pesticides, and for other purposes."
I recommend that the bill be referred to the appropriate committee for
consideration and that it be enacted.
The legislative proposal would, among other things:
(1) Require the Administrator of the Environmental Protection Agency,
when registering a pesticide, to consider the environmental effects
of the pesticides;
(2) Require classification of pesticides, upon registration, as being: (a)
for general use; (b) for restricted use; (c) for use by permit only;
(3) Permit experimental registration of pesticides. Pesticides designated
as being for restricted use could be used only by or under the direct
supervision of approved pesticide applicators. Pesticides designated
as being for use by permit only would require the approval of an
approved pest management consultant for each application of the
pesticide. Contracts are authorized to provide for Federal assistance
in training applicators and consultants;
[p.104]
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2272 LEGAL COMPILATION—GENERAL
(4) Simplify the existing procedures relating to cancellation and suspen-
sion of pesticide registrations;
(5) Allow the Administrator to order a stop to the sale of a pesticide if
he believes that the pesticide is in violation of the Act;
(6) Provide for registration and inspection of establishments manufac-
turing or processing pesticides;
(7) Require that pesticide exporters file with the Administrator a certifi-
cation that the article exported is in compliance with the laws and
regulations of the foreign country to which it is being sent.
The provisions of the proposal would considerably strengthen the Federal
Government's efforts in pesticides regulation.
A section-by-section analysis of the bill is enclosed. A similar letter is
being sent to the [President/Speaker].
The bill is part of the President's environmental programs as announced
in his Environmental Message of February 8, 1971. It will be administered
by the Environmental Protection Agency and was developed in coordination
with the Council on Environmental Quality.
The Office of Management and Budget advises that enactment of this
proposed legislation would be in accord with the program of the President.
Sincerely yours,
WILLIAM D. RUCKELSHAUS.
HON. SPIRO T. AGNEW,
President of the Senate,
Washington, D.C.
HON. CARL B. ALBERT,
Speaker of House of Representatives,
Washington, D.C.
fp. 105]
THE FEDERAL ENVIRONMENTAL PESTICIDE CONTROL ACT OF 1971
A BILL to protect the public health and welfare and the environment
through improved regulation of pesticides, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE AND FINDINGS
Section 1. (a) This act may be cited as the Federal Environ-
mental Pesticide Control Act of 1971.
(b) The Congress hereby finds that pesticides are valuable to
our Nation's agricultural production and to the protection of man
and the environment from insects, rodents, weeds and other forms
of life which may be pests; but it is essential to the public health
and welfare that they be regulated closely to prevent adverse
effects on human life and the environment, including pollution of
interstate and navigable waters; that pesticides are used through-
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GUIDELINES AND REPORTS 2273
out the Nation and the major portion thereof moves in interstate
or foriegn commerce; that it is essential in the public interest to
protect the public health and welfare from adverse effects of pesti-
cide residues on food which is consumed throughout the Nation
and which moves in interstate or foreign commerce; and that
regulation by the Administrator and cooperation by the States and
other jurisdictions as contemplated by this Act are appropriate to
prevent and eliminate burdens upon interstate or foreign com-
merce, to effectively regulate such commerce and to protect the
public health and welfare and the environment.
DEFINITIONS
Section 2. For the purposes of this Act—
(a) The term 'pesticide' means (1) any substance or mixture of
substances intended for preventing, destroying, repelling, or miti-
gating any insects, rodents, nematodes, fungi, weeds, and other
forms of terrestrial or aquatic plant or animal life or viruses,
bacteria, or other micro-organisms, except viruses, bacteria, or
other micro-organisms on or in living man or other animals, which
the Administrator shall declare to be a pest, and (2) any sub-
[p. 106]
stance or mixture of substances intended for use as a plant regula-
tor, defoliant or desiccant.
(b) The term 'device' means any instrument or contrivance
intended for trapping, destroying, repelling, or mitigating insects,
birds, predators, or rodents or destroying, repelling, or mitigating
fungi, nematodes, or such other pests as may be designated by the
Administrator, but not including equipment used for the applica-
tion of pesticides when sold separately therefrom.
(c) The term 'plant regulator' means any substance or mixture
of substances, intended through physiological action, for accelerat-
ing or retarding the rate of growth or rate of maturation, or for
otherwise altering the behavior of plants or the produce thereof,
but shall not include substances to the extent that they are in-
tended as plant nutrients, trace elements, nutritional chemicals,
plant inoculants, and soil amendments.
(d) The term 'defoliant' means any substance or mixture of
substances intended for causing the leaves or foliage to drop from
a plant, with or without causing abscission.
(e) The term 'desiccant' means any substance or mixture of
substances intended for artificially accelerating the drying of
plant tissue.
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2274 LEGAL COMPILATION—GENERAL
(f) The term 'environment' includes water, air, land, all plants
and animals living therein, and the interrelationships which exist
among these.
(g) The term 'animal' means all vertebrate and invertebrate
species, including but not limited to man and other mammals,
birds, fish, and shellfish.
(h) The term 'nematode' means invertebrate animals of the
phylum nemathelminthes and class nematoda, that is, unseg-
mented round worms with elongated, fusiform, or saclike bodies
covered with cuticle, and inhabiting soil, water, plants or plant
parts; may also be called nemas or eelworms.
(i) The term 'weed' means any plant which grows where not
wanted.
(j) The term 'insect' means any of the numerous small inverte-
brate animals generally having the body more or less obviously
segmented, for the most part belonging to the class insecta, com-
prising six-legged, usually winged forms, as, for example, beetles,
bugs, bees, flies, and to other allied classes of arthropods whose
[p. 107]
members are wingless and usually have more than six legs, as, for
example, spiders, mites, ticks, centipedes, and wood lice.
(k) The term 'fungi' means all non-chlorophyll-bearing thallo-
phytes (that is, all non-chlorophyll-bearing plants of a lower order
than mosses and liverworts) as, for example, rusts, smuts, mil-
dews, molds, yeasts, and bacteria, except those on or in living man
or other animals, and except those in or on processed food, bever-
ages, or Pharmaceuticals.
(1) The term 'ingredient statement' means either—
(1) a statement of the name and percentage of each active
ingredient, together with the total percentage of the inert
ingredients, in the pesticide; or
(2) a statement of the name of each active ingredient,
together with the name of each and total percentage of the
inert ingredients, if any there be, in the pesticide (except
paragraph 1 of this subsection shall apply if the preparation
is classified as for restricted use or for use by permit only
under section 4(d) of this Act) ; and, in addition to (1) or
(2) in case the pesticide contains arsenic in any form, a
statement of the percentage of total and water soluble ar-
senic, each calculated as elemental arsenic.
(m) The term 'active ingredient' means—
(1) in the case of a pesticide other than a plant regulator,
-------
GUIDELINES AND REPORTS 2275
defoliant or desiccant, an ingredient which will prevent, de-
stroy, repel, or mitigate any insects, nematodes, rodents,
fungi, weeds, or other pests;
(2) in the case of a plant regulator, an ingredient which,
through physiological action, will accelerate or retard the rate
of growth or rate of maturation or otherwise alter the behav-
ior of plants or the product thereof;
(3) in the case of a defoliant, an ingredient which will
cause the leaves or foliage to drop from a plant;
(4) in the case of a desiccant, an ingredient which will
artificially accelerate the drying of plant tissue.
(n) The term 'inert ingredient' means an ingredient which is
not an active ingredient.
[P. 108]
(o) The term 'antidote' means a practical treatment in case of
poisoning and includes first-aid treatment.
(p) The term 'State' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Trust Territory of the Pacific Islands, and American Samoa.
(q) The term 'Administrator' means the Administrator of the
Environmental Protection Agency.
(r) The term 'registrant' means a person who has registered
any pesticide pursuant to the provisions of this Act.
(s) The term 'label' means the written, printed, or graphic
matter on, or attached to, the pesticide or device or the immediate
container thereof, and the outside container or wrapper of the
retail package, if any there be, of the pesticide or device.
(t) The term 'labeling' means all labels and other written,
printed, or graphic matter—
(1) upon the pesticide or device or any of its containers or
wrappers;
(2) accompanying the pesticide or device at any time ;
(3) to which reference is made on the label or in literature
accompanying the pesticide or device, except to current
official publications of the Environmental Protection Agency,
the United States Departments of Agriculture and Interior,
the Department of Health, Education and Welfare, State ex-
periment stations, State agricultural colleges, and other simi-
lar Federal or State institutions or agencies authorized by
law to conduct research in the field of pesticides.
(u) The term 'adulterated' shall apply to any pesticide if its
strength or purity falls below the professed standard of quality as
-------
2276 LEGAL COMPILATION—GENERAL
expressed on its labeling or under which it is sold, or if any
substance has been substituted wholly or in part for the article, or
if any valuable constituent of the article has been wholly or in
part abstracted.
(v) The term 'misbranded' shall apply—
(1) to any pesticide or device if its labeling bears any
statement, design, or graphic representation relative thereto
or to its ingredients which is false or misleading in any par-
ticular or if it is contained in a package, other container or
[p. 109]
wrapping which does not conform to the standards estab-
lished by the Administrator pursuant to the provisions of
section 6 of this Act, or if it was manufactured, prepared,
propagated, compounded, or processed in an establishment for
which a registration was not effective under subsection 9(b)
of this Act; and to any device if it does not comply with the
provisions of subparagraph 2(z) (2) (C), (D), or (G) when
such compliance is required under section 6;
(2) to any pesticide—
(A) if it is an imitation of or is offered for sale under
the name of another pesticide;
(B) if its labeling bears any reference to registration
under this Act other than the pesticide registration num-
ber, the number assigned to the manufacturing establish-
ment, and the use classification of the pesticide;
(C) if the labeling accompanying it does not contain
directions for use which are necessary for effecting the
purpose for which the product is intended and if com-
plied with adequate for the protection of health and the
environment;
(D) if the label does not contain a warning or caution
statement which may be necessary and if complied with
adequate to protect health and the environment, includ-
ing- living man and other vertebrate animals, vegetation,
and invertebrate animals other than those against which
the pesticide is intended to be used;
(E) if the label does not bear an ingredient statement
on that part of the immediate container and on the out-
side container or wrapper, if there be one, through which
the ingredient statement on the immediate container can-
not be clearly read, of the retail package which is pre-
sented or displayed under customary conditions of pur-
-------
GUIDELINES AND REPORTS 2277
chase: Provided, That the Administrator may permit the
ingredient statement to appear prominently on some
other part of the container, if the size or form of the
container makes it impracticable to place it on the part
of the retail package which is presented or displayed
under customary conditions of purchase;
(F) if any word, statement, or other information re-
[p.110]
quired by or under authority of this Act to appear on the
label or labeling is not prominently placed thereon with
such conspicuousness (as compared with other words,
statements, designs, or graphic matter in the labeling)
and in such terms as to render it likely to be read and
understood by the ordinary individual under customary
conditions of purchase and use;
(G) if when used as directed or in accordance with
common practice it shall be injurious to living man, in-
cluding the person applying such pesticide, or to the envi-
ronment, except pests as designated by the Administra-
tor. In determining whether a pesticide is injurious the
Administrator shall consider both the short-term and
long-term effects on man, and the environment, including
its persistence, degradation, and potential for movement
and accumulation in the environment. In the case of a
plant regulator, defoliant, or desiccant, used in accord-
ance with the label claims and recommendations, physical
or physiological effects on plants or parts thereof shall
not be deemed to be injury, when such effects are the
purpose for which the plant regulator, defoliant, or desic-
cant was applied.
(w) The terms 'proper court' and 'district court' mean a United
States district court, the District Court of Guam, the District
Court of the Virgin Islands, and the highest court of American
Samoa.
(x) The term 'imminent hazard' means a situation which exists
when the evidence is sufficient to show that a pesticide creates a
hazard to man or the environment (1) that should be corrected
immediately to prevent injury, and (2) that should not be permit-
ted to continue while a hearing or other formal proceeding is
being held.
(y) The phrase 'protect health and the environment' means
protection against any injury to man and protection against any
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2278 LEGAL COMPILATION—GENERAL
substantial adverse effects to environmental values, taking into
account the public interest.
PROHIBITED ACTS
Section 3. (a) It shall be unlawful for any person to distribute,
sell, or offer for sale or hold for sale in any State or to ship or
deliver for shipment from any State to any other State, or to any
[p. ill]
foreign country, or to receive in any State, from any other State
or foreign country, and having so received, deliver or offer to
deliver to any person, any of the following:
(1) any pesticide which is not registered pursuant to the
provisions of section 4 of this Act, or any pesticide if any of
the representations made for it or any of the directions for its
use differ in substance from the representations approved in
connection with its registration, or if the composition of a
pesticide differs from its composition as represented in
connection with its registration: Provided, That in the discre-
tion of the Administrator, a change in the labeling or formula
of a pesticide may be made within a registration period with-
out requiring reregistration of the product, provided that
such change will not have an adverse impact on man or the
environment.
(2) Any pesticide unless there is affixed to its container,
and to the outside container or wrapper of the retail package,
if there be one, through which the required information on
the immediate container cannot be clearly read, a label bear-
ing—
(A) the name and address of the manufacturer, regis-
trant, or person for whom manufactured;
(B) the name, brand, or trade-mark under which said
article is sold;
(C) the net weight or measure of the content: Pro-
vided, That the Administrator may permit reasonable
variations; and
(D) when required by regulation of the Administrator
to effectuate the purposes of this Act, the registration
number assigned to the article under this Act, the use
classification, and the number assigned to each establish-
ment under section 9 (b) of this Act, in which the article
was manufactured, prepared, propagated, compounded or
processed.
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GUIDELINES AND REPORTS 2279
(3) Any pesticide which contains any substance or sub-
stances in quantities injurious to man or the environment,
determined as provided in section 6 of this Act, unless the
label shall bear, in addition to any other matter required by
this Act—
(A) the skull and crossbones;
(B) the word "poison" prominently in red on a back-
ground of distinctly contrasting color; and
(C) a statement of an antidote for the pesticide.
[p. 112]
(4) Any pesticide which the Administrator, after investi-
gation of and a public hearing on the necessity for such action
for the protection of health and the environment and the
feasibility of such coloration or discoloration, shall, by regula-
tion, require to be distinctly colored or discolored, unless it
has been so colored or discolored.
(5) Any pesticide which is adulterated or misbranded or
any device which is misbranded.
(b) It shall be unlawful—
(1) for any person to detach, alter, deface, or destroy, in
whole or in part, any label or labeling provided for in this Act
or the rules and regulations promulgated hereunder, or to add
any substance to, or take any substance from, a pesticide in a
manner that may defeat the purpose of this Act;
(2) for any manufacturer, distributor, dealer, carrier, or
other person to refuse, upon a request in writing specifying
the nature or kind of pesticide or device to which such request
relates, to furnish to or permit any person designated by the
Administrator to have access to and to copy such records as
authorized by section 9 of this Act, or to refuse to permit
entry, or inspection, or taking of samples as authorized by
section 9 of this Act;
(3) for any person to give a guaranty or undertaking pro-
vided for in section 10 which is false in any particular, except
that a person who receives and relies upon a guaranty author-
ized under section 10 may give a guaranty to the same effect,
which guaranty shall contain, in addition to his own name
and address, the name and address of the person residing in
the United States from whom he received the guaranty or
undertaking;
(4) for any person to sue for his own advantage or to
reveal, other than to the Administrator, or officials or employ-
-------
2280 LEGAL COMPILATION—GENERAL
ees of the Environmental Protection Agency or other Federal
executive agencies, or to the courts, or to physicians, pharma-
cists and other qualified persons, needing such information
for the performance of their duties, in accordance with such
directions as the Administrator may prescribe, any informa-
tion relative to formulas of products acquired by authority of
[p. 113]
this Act; except that the Administrator may reveal data nec-
essary to comply with provisions of section 4 (e) and (f);
(5) for any person to fail to maintain the records pre-
scribed by the Administrator pursuant to section 6 of this Act
or for any person to refuse to permit any person designated
by the Administrator to have access to and to copy such
records;
(6) for any person to advertise a product registered under
this Act without giving the classification of the product as-
signed to it under section 4(d) ; or to advertise a product
without indicating that use of the product is authorized by
law only if used in accordance with the label on the product;
(7) for any person to make available for use or to use a
pesticide classified under section 4 (d) of this Act other than
in accordance with such classification or to use a pesticide for
experimental use contrary to the provisions of a permit under
section 4 (c) of this Act;
(8) for any person to fail to obey an order to recall prod-
ucts in accordance with section 5(d) of this Act or to violate
an order issued under section 7 (a) of this Act; and
(9) for any person to fail to file the report called for in
section 5 (a) of this Act or any other reports required by this
Act or to provide any false or misleading information in such
reports.
REGISTRATION
Section 4. (a) Every pesticide which is distributed, sold, or
offered for sale in any State or which is shipped or delivered for
shipment from any State to any other State or which is received
from any foreign country shall be registered with the Administra-
tor: Provided, That products which have the same formula, are
manufactured by the same person, the labeling of which contains
the same claims, and the labels of which bear a designation identi-
fying the product as the same pesticide may be registered as a
single pesticide; and additional names and labels shall be added by
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GUIDELINES AND REPORTS 2281
supplemental statements. The applicant for registration shall file
with the Administrator a statement including—
(1) the name and address of the registrant and the name
and address of the person whose name will appear on the
[P.114]
label, if other than the registrant;
(2) the name of the pesticide;
(3) a complete copy of the labeling accompanying the pesti-
cide and a statement of all claims to be made for it, including
the directions for use;
(4) if requested by the Administrator, a full description of
the tests made and the results thereof upon which the claims
are based, clearly marking any portions thereof which in the
manufacturer's opinion are trade secrets or secret processes
and submitting such marked documents separately from other
material required to be submitted hereunder; and
(5) the complete formula of the pesticide.
The Administrator shall publish in the Federal Register a notice
of each application for registration, which notice shall provide for
a period of at least 30 days in which any Government agency or
other interested person may comment.
(b) If it appears to the Administrator that the composition of
the article is such as to warrant the proposed claims for it and if
the article and its labeling and other material required to be sub-
mitted comply with the requirements of section 3 of this Act, he
shall register it.
(c) The Administrator, whenever he considers further informa-
tion necessary before registering a pesticide, may issue a permit
for the experimental use of a pesticide for the purpose of collect-
ing such information necessary for registration. Such experimen-
tal use shall be under such conditions as the Administrator shall
prescribe in the permit and under the strict supervision of the
Administrator and shall be for a period of time specified by the
Administrator. Before issuing a permit for experimental use, the
Administrator is authorized to establish a temporary tolerance
level for the residue of the experimental pesticide permissible in
food if the pesticide may reasonably be expected to result in resi-
dues in or on food. When a permit for experimental use is issued
for a pesticide containing chemicals or combinations of chemicals
which have not been included in previously registered pesticides,
the Administrator may specify that the experimental period must
-------
2282 LEGAL COMPILATION—GENERAL
include studies designed to detect possible ill effects in persons,
and the environment, exposed either directly or indirectly to the
[p. 115]
pesticide during the experimental period. All results of such stud-
ies must be reported to the Administrator and a pesticide shall not
be registered until such results are evaluated. The Administrator
may revoke a permit at any time if he finds that the conditions
contained in the permit are not being complied with or are inade-
quate to protect health and the environment or if the data devel-
oped under the permit clearly establish that the pesticide does not
meet the requirements of this Act.
(d) Upon registering a pesticide, the Administrator shall desig-
nate it as being for "general use", for "restricted use", or for "use
by permit only". A pesticide may be designated as for restricted
use when its use without such restriction can result in injury to
the applicator or when care is needed in its application to protect
the environment. A pesticide may be designated as for permit use
only when the pattern of use of the pesticide without such permit
would not protect health and the environment. The Administrator
may designate a pesticide as being for one use or combination of
uses in a particular region or State and for a different use or
combination of uses in another State or region if in his opinion
such action is necessary to fulfill the purposes of this Act because
of the conditions prevailing in the particular State or region.
(1) Articles designated as being for general use shall be
used and made available for use subject only to the other
provisions of this Act and to restrictions by State and local
governments.
(2) Articles designated as being for restricted use shall be
used only by or under the direct supervision of approved
pesticide applicators. No approved pesticide applicator shall
use any pesticide required to be registered under this Act
unless such product is so registered, and no approved pesti-
cide applicator shall use any registered pesticide except in
accordance with the labeling accepted in connection with the
registration. As used in this subsection, the term 'approved
pesticide applicator' means any person who uses any pesticide
for any purpose specified in subsection 2 (a) of this Act and
(a) who has a license issued by the State in which such
[P. H6]
operations are conducted upon the basis of a demonstration of
his competence in the use and other handling and knowledge
-------
GUIDELINES AND REPORTS 2283
of the toxicity and antidotes of the pesticide involved, accord-
ing to standards approved or prescribed by the Administrator
as hereinafter provided, or (b) who is employed by a Federal,
State, or local governmental agency in pest control programs
or is engaged in research concerning the development, evalua-
tion, or use of pesticides; and who meets such standards as
the Administrator shall approve or prescribe to assure that
such person has sufficient competence in the handling and
knowledge of the toxicity and antidotes of such pesticide to
avoid any hazard to the public. The Administrator shall by
regulation promulgate such standards prescribed by him and
a list identifying any such standards approved by him. The
standards prescribed by the Administrator shall include,
when appropriate, provision for State surveillance and review
of the competence of approved pesticide applicators, and pro-
vision for the removal of the license when an approved appli-
cator has been shown to lack the necessary competence.
(3) Articles designated for use by permit only shall be used
or made available for use only with the approval, in writing,
for the amount and type of article for each particular applica-
tion, of an approved pest management consultant. As used in
this subsection, the term 'approved pest management consult-
ant' means any person who has a license issued by a State or
who is a Federal or State employee engaged in the perform-
ance of his official duties, and who meets such standards as
the Administrator shall approve or prescribe to assure that
such person has sufficient knowledge of the uses, necessity for
application, methods of application, and environmental and
health effects of pesticides to avoid any unnecessary hazard to
the public or to other parts of the environment. The Adminis-
trator shall by regulation promulgate such standards pre-
scribed by him and a list identifying any such standards
approved by him. The standards prescribed by the Adminis-
trator shall include, when appropriate, provisions for State
surveillance and review of the competence of approved pest
[p. 117]
management consultants, and provisions for the removal of a
license or certificate when an approved consultant has been
shown to lack the necessary competence.
(4) The Administrator is authorized to cooperate with and
assist State agencies in developing and administering State
programs for training and approval of pesticide applicators
-------
2284 LEGAL COMPILATION—GENERAL
and pest management consultants. He may establish by
regulation, and periodically review compliance with, such
guidelines as are necessary to ensure that State programs are
adequate for purposes of this section. Such guidelines shall in-
clude, but not be limited to: provisions that applicants receive
appropriate technical and other training before approval;
that there is a fair and non-discriminatory system of testing
of applicants, with provision for periodic retesting; that fees
charged for licenses, permits or other approval of applicants
are no greater than those reasonably calculated to cover the
cost of the licensing or permit program; and that no arbi-
trary obstacles exist in the training and approval of such
persons.
(5) The Administrator may change the designation of a
pesticide under this subsection at any time if he finds that
such action is necessary to or will adequately protect health
and the environment, but he shall publish such a proposed
change in the Federal Register 30 days prior to making the
change. The decisions of the Administrator with respect to
designation or a change in designation shall be subject to the
same procedures of appeal contained in subsection (E) of this
section. The Administrator may designate a pesticide as being
both for restricted use and for use by permit only. If a pesti-
cide is designated for general use for some purposes but for
restricted or permit use for other purposes, there must be
separate labeling and packaging for those items of the pesti-
cide intended for general use.
(6) No portion of this subsection, except with regard to
registration and designation of pesticides by the Administra-
tor, shall become effective in any State until the Administra-
tor publishes in the Federal Register a notice declaring the
date on which it is to become effective and such notice shall be
published at least 30 days before the effective date, Provided,
[p. H8]
That the effective date for notices covering all portions of this
subsection and all States shall be within four years after the
effective date of this Act.
(e) If it does not appear to the Administrator that the article is
such as to warrant the proposed claims for it or if the article and
its labeling and other material required to be submitted do not
comply with the provisions of this Act, he shall notify the appli-
cant for registration of the manner in which the article, labeling
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GUIDELINES AND REPORTS 2285
or other material required to be submitted fails to comply with the
Act so as to afford the applicant for registration an opportunity to
make the corrections necessary. If, upon receipt of such notice, the
applicant for registration does not make the corrections, the Ad-
ministrator shall refuse to register the article. Whenever the Ad-
ministrator refuses registration of a pesticide he shall notify the
applicant for registration of his action and the reasons therefor.
Whenever an application for registration is refused, the applicant,
within thirty days after service of notice of such refusal, may file
objections and request a public hearing in accordance with this
section. In the event a hearing is requested, the Administrator
shall, after due notice, hold such public hearing for the purpose of
receiving evidence relevant and material to the issues raised by
such objections. As soon as practicable after completion of the
hearing, but not later than ninety days, the Administrator shall
evaluate the data before him, act upon such objections and issue
an order granting or denying the registration or requiring modifi-
cation of the claims or the labeling. Such order shall be based only
on substantial evidence of record of such hearing, and shall set
forth detailed findings of fact upon which the order is based. In
connection with consideration of any application for registration
under this section, the Administrator may consult with any other
Federal agency or with any advisory committee appointed by him
for this purpose. Notwithstanding the provisions of section 3 (b)
(4), information relative to formulas of products acquired by
authority of this section may be revealed, when necessary under
this section, to any Federal agency consulted, or at a public hear-
[p. 119]
ing, or in findings of fact issued by the Administrator. Final
orders of the Administrator under this section shall be subject to
judicial review in accordance with the provisions of subsection
(g). In no event shall registration of an article be construed as a
defense for the commission of any offense prohibited under section
3 of this Act. The Administrator shall reach a decision as to
whether to register a pesticide as expeditiously as possible.
(f) Within 30 days after the Administrator registers or refuses
to register a pesticide under this section he shall make available to
the public the data called for in subsection (l)-(5) of subsection
(A) of this section together with such other scientific information
as he deems relevant to his decision; Provided, That the Adminis-
trator shall not make public information which contains or relates
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2286 LEGAL COMPILATION—GENERAL
to trade secrets or commercial or financial information obtained
from a person and privileged or confidential.
(g) In a case of actual controversy as to the validity of any
order under this section, any person who will be adversely affected
by such order may obtain judicial review by filing in the United
States court of appeals for the circuit wherein such person resides
or has his principal place of business within sixty days after the
entry of such order, a petition praying that the order be set aside
in whole or in part. A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Administrator, or any
officer designated by him for that purpose, and thereupon the
Administrator shall file in the court the record of the proceedings
on which he based his order, as provided in section 2112 of title
28, United States Code. Upon the filing of such petition the court
shall have exclusive jurisdiction to affirm or set aside the order
complained of in whole or in part. The findings of the Administra-
tor with respect to questions of fact shall be sustained if sup-
ported by substantial evidence when considered on the record as a
whole. If application is made to the court for leave to adduce
additional evidence, the court may order such additional evidence
to be taken before the Administrator, and to be adduced upon the
hearing in such manner and upon such terms and conditions as to
the court seem proper if such evidence is material and there were
[p. 120]
reasonable grounds for failure to adduce such evidence in the
proceedings below. The Administrator may modify his findings as
to the facts and order by reason of the additional evidence so
taken, and shall file with the court such modified findings and
order. The judgment of the court affirming or setting aside, in
whole or in part, any order under this section shall be final, sub-
ject to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of title 28 of
the United States Code. The commencement of proceedings under
this section shall not operate as a stay of an order. The court shall
advance on the docket and expedite the disposition of all causes
filed therein pursuant to this section.
(h) Notwithstanding any other provision of this Act, registra-
tion is not required in the case of a pesticide shipped from one
establishment to another establishment operated by the same per-
son and used solely at such establishment as a constituent part to
make a pesticide which is registered under this Act.
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GUIDELINES AND REPORTS 2287
CANCELLATION AND SUSPENSION
Section 5. (a) The Administrator shall cancel the registration
of any pesticide at the end of a period of five years following the
initial registration of such pesticide or at the end of any five-year
period thereafter, unless the registrant, prior to the expiration of
each such period, requests in accordance with regulations issued
by the Administrator that such registration be continued in effect.
Three years after the initial registration, the registrant shall sub-
mit to the Administrator a report covering any information avail-
able to the registrant regarding environmental or health effects of
the registered pesticide which were not noted in the material sub-
mitted by the registrant at the time of initial registration.
(b) The Administrator may cancel the registration of a pesti-
cide whenever it appears that the article or its labeling does not
comply with with the provisions of this Act.
(c) Whenever the Administrator determines that registration
of a pesticide should be cancelled, he shall notify the registrant of
his action and the reasons therefor. A cancellation of registration
shall be effective thirty days after service of the foregoing
[P. 121]
notice unless within such time the registrant (1) makes the
necessary corrections; or (2) files objections and requests a public
hearing. Requests for a public hearing shall be granted. The pro-
cedures for holding a public hearing shall be the same as those
outlined in section 4 (e). Final orders of the Administrator under
this subsection shall be subject to judicial review in accordance
with the provisions of section 4 (g). Concurrently with proceed-
ings taken under this subsection, if the Administrator makes the
finding required in subsection (d) of this section, he may also
immediately suspend the registration of a pesticide under the pro-
visions of the aforesaid subsection (d).
(d) The Administrator may by order, when he finds that such
action is necessary to prevent an imminent hazard to health or the
environment, suspend the registration of a pesticide immediately.
In such case, he shall give the registrant prompt notice of such
action and any hearing held under the provisions of section 5 (c)
and (e) to consider suspension and cancellation shall be held with
the utmost possible expedition. The Administrator, when he sus-
pends registration of a pesticide under the provisions of this
subsection, may also require that stocks of the suspended pesticide
be recalled by the manufacturer from wholesalers, retailers, and
other distributors.
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2288 LEGAL COMPILATION—GENERAL
(e) Whenever the Administrator suspends the registration of a
pesticide under the provisions of subsection (d) of this section, he
shall at the same time initiate proceedings to cancel the registra-
tion of the pesticide. The suspension shall automatically be re-
voked if the Administrator decides not to cancel the registration
of the pesticide. If the Administrator cancels the registration of
the pesticide, any suspension of the registration shall remain in
effect pending the outcome of any appeal under subsection (c) of
this section.
ENFORCEMENT
Section 6. (a) The Administrator (except as otherwise provided
in this section) is authorized to make rules and regulations for
carrying out the provisions of this Act, including the collection
and examination of samples of pesticides and devices subject to
[p. 122]
this Act and the determination and establishment of suitable
names to be used in the ingredient statement. The Administrator
is, in addition, authorized after opportunity for hearing—
(1) to declare a pest any form of plant or animal life,
bacteria, virus, or other micro-organisms (other than micro-
organisms on or in living man or other animals) which is
injurious to health or the environment;
(2) to determine pesticides, and quantities of substances
contained in pesticides, which are injurious to health or the
environment;
(3) to determine standards of coloring or discoloring for
pesticides, and to subject pesticides to the requirements of
sections (a) (4) of this Act; and
(4) to prescribe the records which shall be maintained by
all or any class of persons engaged in manufacturing, prepar-
ing, compounding, or processing any pesticides subject to this
Act, with respect to such operations and the strength, quality,
and purity of such pesticides: Provided, however, That the
Administrator may exempt any pesticide from such record
requirements when he determines that such records are not
necessary for the effective enforcement of this Act; provided
further, that no records required by this subsection shall ex-
tend to (A) financial data, (B) sales data other than ship-
ment data, (C) pricing data, (D) personnel data (other than
data as to the qualifications of technical and professional per-
sonnel performing functions subject to this Act), and (E)
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GUIDELINES AND REPORTS 2289
research data (other than data relating to registered pesti-
cides or to a pesticide for which an application for registra-
tion has been filed).
(5) to establish standards with respect to the package,
other container, or wrapping in which a pesticide or device is
enclosed for use or consumption, in order to protect children
and adults from serious injury or illness resulting from acci-
dental ingestion or contact with pesticides or devices regu-
lated by this Act as well as to accomplish the other purposes
of the Act, Provided that such standards are consistent with
those established under the authority of the Poison Preven-
tion Packaging Act (P.L. 91-601) ; and
(6) to specify those classes of devices which shall be sub-
ject to the provisions set forth in subparagraphs 2(v) (2)
[p. 123]
(C), (D), or (G), of this Act, upon his determination that
application of such provisions is necessary to effectuate the
purposes of the Act.
(b) The Secretary of the Treasury, in consultation with the
Administrator, shall prescribe regulations for the enforcement of
section 14 of this Act.
(c) The examination of pesticides or devices shall be made in
the Environmental Protection Agency or elsewhere as the Admin-
istrator may designate for the purpose of determining from such
examination whether they comply with the requirements of this
Act, and if it shall appear from any such examination that they
fail to comply with the requirements of this Act, the Administra-
tor shall cause notice to be given to the person against whom
criminal or civil proceedings are contemplated. Any person so
notified shall be given an opportunity to present his views, either
orally or in writing, with regard to such contemplated proceed-
ings, and if in the opinion of the Administrator it appears that the
provisions of this Act have been violated by such person, then the
Administrator shall certify the facts to the Attorney General, with
a copy of the results of the analysis or the examination of such
article for the institution of a criminal proceeding pursuant to
section 8 of this Act, or for the institution of a civil proceeding
under section 8 when the Administrator determines that such
action will be sufficient to effectuate the purposes of this Act:
Provided, That the notice of contemplated proceedings and oppor-
tunity to present views set forth in this subsection are not prereq-
uisites to the institution of any proceeding by the Attorney Gen-
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2290 LEGAL COMPILATION—GENERAL
eral; Provided, further, That nothing in this Act shall be con-
strued as requiring the Administrator to report for prosecution or
for the institution of libel proceedings minor violations of this Act
whenever he believes that the public interest will be adequately
served by a suitable written notice of warning.
(d) The District courts are vested with jurisdiction specifically
to enforce, and to prevent and restrain violations of, this Act.
(e) The Administrator shall, by publication in such manner as
[p. 124]
he may prescribe, give notice of all judgments entered in actions
instituted under the authority of this Act.
STOP SALE AND SEIZURE
Section 7. (a) Whenever any pesticide or device is found by the
Administrator upon any premises or in any means of conveyance
where it is held for purposes of, or during or after, distribution or
sale in any State, or in interstate or foreign commerce, and there
is reason to believe on the basis of inspections or tests that such
pesticide or device is in violation of any of the provisions of this
Act, or that such pesticide or device has been or is intended to be
distributed or sold in violation of any such provisions, or when the
registration of the pesticide or device has been cancelled, the Ad-
ministrator may issue a written or printed "stop sale, use, or
removal" order to the registrant, owner, and custodian thereof,
and after receipt of such order no person shall sell, use, or remove
the pesticide or device described in the order except in accordance
with the provisions of the order.
(b) Whenever the Administrator, on the basis of inspections or
tests not considered in the course of registration proceedings, de-
termines that there is a substantial question as to the existence of
an imminent hazard of a product to health or the environment, he
is authorized to issue an order to stop the sale, use or removal of
such product for a period not to exceed ninety days, in the same
manner as set forth in subsection (a) of this section.
(c) Any pesticide or device that is being transported or, having
been transported, remains unsold or in original unbroken pack-
ages, or that is sold or offered for sale in any State, or that is
imported from a foreign country, shall be liable to be proceeded
against in any district court in the district where it is found and
seized for confiscation by a process in rem for condemnation—
(1) in the case of a pesticide—
(A) if it is adulterated or misbranded;
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GUIDELINES AND REPORTS 2291
(B) if it is not registered pursuant to the provisions of
section 4 of this Act;
(C) if it fails to bear on its label the information
required by this Act;
[p-125]
(D) if it is not colored or discolored and if such color-
ing or discoloring is required under this Act;
(E) if any of the claims made for it or any of the
directions for its use differ in substance from the repre-
sentations made in connection with its registration; or
(2) in the case of a device if it is misbranded.
(d) If the pesticide or device is condemned it shall, after entry
of the decree, be disposed of by destruction or sale as the court
may direct and the proceeds, if sold, less the court costs, shall be
paid into the Treasury of the United States, but the article shall
not be sold contrary to the provisions of this Act or of the laws of
the jurisdiction in which it is sold; Provided, That upon the pay-
ments of the costs of the condemnation proceedings and the execu-
tion and delivery of a good and sufficient bond conditioned that the
article shall not be sold or otherwise disposed of contrary to the
provisions of the Act or the laws of any State in which sold, the
court may direct that such articles be delivered to the owner
thereof. The proceedings of such condemnation cases shall con-
form, as near as may be, to the proceedings in admiralty, except
that either party may demand trial by jury of any issue of fact
joined in any case, and all such proceedings shall be at the suit of
and in the name of the United States.
(e) When a decree of condemnation is entered against the arti-
cle, court costs and fees, storage, and other proper expenses shall
be awarded against the person, if any, intervening as claimant of
the article.
PENALTIES
Section 8. (a) Any person who knowingly violates any provision
of this Act shall be guilty of a misdemeanor and shall on convic-
tion be fined not more than $25,000, or imprisoned for not more
than one year, or both.
(b) Any person violating any provision of this Act shall be
liable to a civil penalty to the United States or a sum which is not
more than $10,000 for each such violation. A request for assess-
ment of such civil penalty shall be referred to the Attorney Gen-
[p. 126]
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2292 LEGAL COMPILATION—GENERAL
eral for appropriate action if the Administrator believes that ac-
tion under this subsection in lieu of action under subsection (a) of
this section will effectuate the purposes of this Act. Such civil
penalty shall be recoverable in a civil suit brought in the name of
the United States.
(c) When construing and enforcing the provisions of this Act,
the act, omission, or failure, of any officer, agent, or other person
acting for or employed by any person shall in every case be also
deemed to be the act, omission, or failure of such person as well as
that of the person employed.
BOOKS AND RECORDS AND FACTORY INSPECTION AND REGISTRATION
Section 9. (a) For the purposes of enforcing the provisions of
this Act, any manufacturer, distributor, carrier, dealer, or any
other person who sells or offers for sale, delivers, or offers for
delivery, or who receives or holds any pesticide or device subject
to this Act, shall, upon request of any employee of the Environ-
mental Protection Agency or any employee of any State or politi-
cal subdivision, duly designated by the Administrator, furnish or
permit such person at all reasonable times to have access to, and
to copy all records showing the delivery, movement, or holding of
such pesticide or device, including the quantity, the date of ship-
ment and receipt, and the name of the consignor and consignee;
and in the event of the inability of any person to produce records
containing such information, all other records and information re-
lating to such delivery, movement, or holding of the pesticide or
device. Notwithstanding this provision, however, the specific evi-
dence obtained under this section or any evidence which is directly
or indirectly derived from such evidence shall not be used in a
criminal prosecution of the person from whom obtained. The rec-
ords and information referred to in this subsection shall not ex-
tend to (A) financial data, (B) sales data other than shipment
data, (C) pricing data, (D) personnel data (other than data as to
the qualifications of technical and professional personnel perform-
ing functions subject to this Act), and (E) research data (other
[p-127]
than data relating to registered pesticides or to a pesticide for
which an application for registration has been filed).
(b) Any person who on the date of enactment of this subsection
operates any establishment in any State engaged in the manufac-
ture, preparation, compounding, propagating, or processing of any
pesticide or device subject to this Act shall, within one-hundred
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GUIDELINES AND REPORTS 2293
and eighty days after such date, apply to the Administrator for
the registration of each such establishment, giving his name and
the address of each such establishment operated by him. Any
person who proposes to begin operation of any such establishment
after such date shall, at least thirty days prior to beginning such
operation, similarly apply for registration with the Administrator.
Each establishment will be assigned an establishment number by
the Administrator at the time of registration.
(c) Any person operating an establishment registered under
section 9 (b) of this Act shall inform the Administrator within 30
days of his being registered of the types and amounts of such
pesticides or devices (1) which he is currently manufacturing,
preparing, propagating, or compounding; (2) which he has manu-
factured during the past year; and (3) which he has sold or
distributed during the past year, and, when specifically requested
by the Administrator for the purpose of recalling a product, the
name of the recipient. The information required in this subsection
shall be kept current annually as required under such regulations
as the Administrator may prescribe. The data obtained in accord-
ance with the provisions of this subsection shall be considered
confidential.
(d) For purposes of enforcement of this Act, officers or employ-
ees duly designated by the Administrator, upon presenting appro-
priate credentials to the owner, operator, or agent in charge, are
authorized (1) to enter, at reasonable times, any factory, ware-
house, or establishment in which pesticides or devices are manu-
factured, processed, packed, or held; and (2) to inspect, and ob-
tain samples of, any pesticides or devices, whether packaged or
unpackaged, and samples of any containers or labeling for such
pesticides or devices. Each such inspection shall be commenced
[p. 128]
and completed with reasonable promptness. If the officer or em-
ployee obtains any samples, prior to leaving the premises, he shall
give to the owner, operator, or agent in charge a receipt describ-
ing the samples obtained. If an analysis is made of such samples, a
copy of the results of such analysis shall be furnished promptly to
the owner, operator, or agent in charge.
(e) For purposes of enforcing the provisions of this Act and
upon a showing to an officer or court of competent jurisdiction
that there is reason to believe that the provisions of this Act have
been violated, officers or employees duly designated by the Admin-
istrator are empowered to obtain and to execute warrants author-
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2294 LEGAL COMPILATION—GENERAL
izing entry into and inspection of facilities, including, but not
limited to, facilities of manufacturers, wholesalers, dealers, and
distributors of pesticides, and the seizure of any pesticides or
devices, or the components thereof, whether packaged or unpack-
aged, and samples of any containers or labeling for such pesticides
or devices.
EXEMPTIONS
Section 10. (a) The penalties provided for a violation of section
3. (a) of this Act shall not apply to—
(1) any person who establishes a guaranty signed by, and
containing the name and address of, the registrant or person
residing in the United States from whom he purchased and
received in good faith the article in the same unbroken pack-
age, to the effect that the article was lawfully registered at
the time of sale and delivery to him, and that it complies with
the other requirements of this Act. In such case the guarantor
shall be subject to the penalties which would otherwise attach
to the person holding the guaranty under the provision of this
Act;
(2) any carrier while lawfully engaged in transporting a
pesticide or device, if such carrier upon request by a person
duly designated by the Administrator shall permit such per-
son to copy all records showing the transactions in and move-
ment of the articles;
(3) public officials while engaged in the performance of
their official duties;
(4) the manufacturer or shipper of a pesticide for experi-
[p. 129]
mental use only by or under the supervision of any Federal or
State agency authorized by law to conduct research in the
field of pesticides; or by others if a permit has been obtained
before shipment in accordance with regulations promulgated
by the Administrator.
(b) The Administrator may, at his discretion, exempt any Fed-
eral agency from any provision of this Act if he determines that
such exemption would be consistent with the purposes of this Act
and would be in the public interest.
DISPOSAL AND TRANSPORTATION
Section 11. (a) The Administrator, after consultation with
other interested Federal agencies, shall establish procedures and
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GUIDELINES AND REPORTS 2295
regulations for the disposal or storage of packages and containers
of pesticides and for disposal or storage of excess amounts of such
pesticides.
(b) The Administrator shall provide advice and assistance to
the Secretary of Transportation with respect to his functions re-
lating to the transportation of hazardous materials under the De-
partment of Transportation Act (49 U.S.C. 1657), the Transpor-
tation of Explosives Act (18 U.S.C. 831-835), the Federal Avia-
tion Act of 1958 (49 U.S.C. 1421-1430, 1472h), and the Hazard-
ous Cargo Act (46 U.S.C. 375, 416, 170).
STATE AID AND TRAINING
Section 12 The Administrator is authorized to enter into con-
tracts with Federal, State, local or interstate agencies or with
non-profit organizations for the purpose of encouraging the train-
ing of approved pesticide applicators and approved pest manage-
ment consultants, as defined in subsection 4 (d). This authority
shall expire June 30, 1975.
RESEARCH AND MONITORING
Section 13. (a) The Administrator is authorized to undertake
such research, including research by grant or contract, as may be
necessary for the implementation of this Act. He shall take care to
insure that such research does not duplicate research being under-
taken by other Federal departments and agencies.
(b) The Administrator shall be responsible for formulating and
periodically revising, in cooperation with other Federal, State, or
local agencies, a national plan for monitoring pesticides covered
by this Act.
[p. 130]
(c) The Administrator is authorized to undertake such monitor-
ing or surveillance activities, including but not limited to monitor-
ing in air, soil, water, man, plants, and animals, as may be neces-
sary for the implementation of this Act or of the national pesti-
cide monitoring plan. Such activities should be carried out with
the cooperation of other Federal, State, and local agencies.
IMPORTS AND EXPORTS
Section 14. (a) Notwithstanding any other provision of this
Act, no article shall be deemed in violation of this Act when
intended solely for export to any foreign country and prepared or
packed according to the specifications or directions of the foreign
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2296 LEGAL COMPILATION—GENERAL
purchaser and with respect to which a certification is obtained by
the exporter from the importer or consignee and filed with the
Administrator by the exporter prior to exportation of the article,
stating that the article is in compliance with the laws and regula-
tions of said foreign country.
(b) The Administrator shall transmit through the State De-
partment copies of each notice of suspension or proposed cancella-
tion or other restrictions on pesticides under Federal law, to the
Governments of other countries and to appropriate international
agencies.
(c) The Secretary of the Treasury shall notify the Administra-
tor of the arrival of pesticides and devices and shall deliver to the
Administrator, upon his request, samples of pesticides or devices
which are being imported into the United States, giving notice to
the owner or consignee, who may appear before the Administrator
and have the right to introduce testimony. If it appears from the
examination of a sample that it is adulterated, or misbranded or
otherwise violates the provisions set forth in this Act, or is other-
wise injurious to health or to the environment, the said article
may be refused admission, and the Secretary of the Treasury shall
refuse delivery to the consignee and shall cause the destruction of
any goods refused delivery which shall not be exported by the
consignee within 90 days from the date of notice of such refusal
under such regulations as the Secretary of the Treasury may
prescribe: Provided, That the Secretary of the Treasury may de-
liver to the consignee such goods pending examination and deci-
[p. 131]
sion in the matter or execution of bond for the amount of the full
invoice value of such goods, together with the duty thereon, and on
refusal to return such goods for any cause to the custody of the
Secretary of the Treasury, when demanded, for the purpose of
excluding them from the country, or for any other purpose, said
consignee shall forfeit the full amount of said bond: and provided
further, That all charges for storage, cartage, and labor on goods
which are refused admission or delivery shall be paid by the
owner or consignee, and in default of such payment shall consti-
tute a lien against any future importation made by such owner or
consignee. x
(c) The Administrator shall, in cooperation with the Depart-
ment of State and other appropriate Federal agencies, participate
and cooperate in any international efforts to develop improved
pesticide research and regulations.
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GUIDELINES AND REPORTS 2297
SOLICITATION OF PUBLIC COMMENTS
Section 15. (a) In connection with the suspension or cancella-
tion of a pesticide registration or any other actions authorized
under this Act, the Administrator may, at his discretion, solicit
the views of all interested persons, either orally or in writing, and
seek such advice from scientists and other qualified persons as he
deems proper.
(b) The authority contained in this section is in addition to the
provisions contained elsewhere in this Act relating to public hear-
ings and solicitation of views, and shall not be interpreted to affect
such other provisions.
DELEGATION AND COOPERATION
Section 16. (a) All authority vested in the Administrator by
virtue of the provisions of this Act may with like force and effect
be executed by such employees of the Environmental Protection
Agency as the Administrator may designate for the purpose.
(b) The Administrator shall cooperate with the Secretaries of
Agriculture, Interior, Commerce, and Health, Education and Wel-
fare, and with any department or agency of the Federal Govern-
ment and with any official regulatory agency of any State, Terri-
tory, District, possession, or any political subdivision thereof, in
[p. 132]
carrying out the provisions of this Act, and in securing uniformity
of regulations.
AUTHORIZATION FOR APPROPRIATIONS AND EXPENDITURES
Section 17. There is hereby authorized to be appropriated such
sums as may be necessary to carry out the purposes of this Act.
SEPARABILITY
Section 18. If any provision of this Act is declared unconstitu-
tional, or the applicability thereof to any person or circumstances
is held invalid, the constitutionality of the remainder of this Act
and the applicability thereof to other persons and circumstances
shall not be affected thereby.
OTHER AUTHORITY NOT AFFECTED
Section 19. (a) This Act shall not be construed as superseding
or limiting the authorities and responsibilities, under any other
provision of law, of the Administrator or any other Federal
officer, department, or agency.
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2298 LEGAL COMPILATION—GENERAL
(b) Any regulations issued and any actions taken or legal
rights of action accrued under the Federal Insecticide, Fungicide,
and Rodenticide Act, prior to the effective date of this Act, shall
not be abrogated or negated by this Act or by the repeal of the
aforesaid Act, but shall remain in effect unless modified or re-
scinded pursuant to the provisions of this Act.
(c) Nothing in this Act shall be construed as limiting the au-
thority of a state or a political subdivision thereof to regulate the
sale or use of a pesticide within its jurisdiction in so far as such
regulation does not permit such sale or use as is prohibited under
the authority of this Act.
Section 20. The Federal Insecticide, Fungicide, and Rodenticide
Act (61 Stat. 163; 7 U.S.C. 135-135k), as amended, is hereby
repealed, and all references thereto in other statutes, regulations,
and public records of the United States shall refer to the Federal
Environmental Pesticide Control Act.
Section 21. Section 201 (r) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 301-392) is hereby amended by deleting the
period after the word "marketing" and adding "and tobacco".
[p. 133]
SECTION-BY-SECTION ANALYSIS
This analysis notes the major provisions of each section and the
major departures from existing authority. It does not summarize
all the provisions of the bill.
Section 1 designates the title of the proposed Act as the Federal
Environmental Pesticide Control Act of 1971 and proposed appro-
priate findings.
Section 2 defines certain terms used in the Act. It contains the
following major changes from existing authority:
(1) The term "pesticide" is substituted for the term "economic
poisons."
(2) The authorities contained in the bill are given to the Ad-
ministrator of the Environmental Protection Agency.
(3) An article is considered misbranded if compliance with the
instructions on the label are not considered adequate for protec-
tion of health and the environment.
(4) An article is considered misbranded if when used as di-
rected or in accordance with common practice it is injurious to
man or the environment. In determining whether a pesticide is
injurious the Administrator is directed to consider both the short-
term and long-term effects on man and the rest of the environment
-------
GUIDELINES AND REPORTS 2299
and the pesticide's persistence, degradation, and potential for
movement and accumulation in the environment.
(5) Protection of health and the environment is defined to mean
protection against any injury to man and protection against any
substantial adverse effects to environmental values, taking into
account the public interest. The term "public interest" means a
weighing of the probable benefits derived from the use of the
pesticide with the risks inherent in its usage.
Section 3 denominates prohibited acts. It prohibits the delivery
or sale in interstate commerce of any pesticide which is unregis-
tered, not labelled, mislabelled, adulterated, or misbranded.
Among other prohibitions, the section prescribes advertising a
pesticide without stating whether it is for general use, for restric-
ted use, or for use by prescription only.
Section 4 requires that every pesticide which moves in inter-
state commerce must be registered. It permits the Administrator
[p. 134]
to issue a registration for experimental use prior to issuing a
regular registration. The use of a pesticide which is registered for
experimental use must be under the supervision of the Adminis-
trator.
When registering a pesticide, the Administrator is required to
designate it as belonging to one of three categories: (1) for "gen-
eral use"; (2) for "restricted use"; or (3) for "use by permit
only". A pesticide designated for restricted use can be used only
by or under the direct supervision of an approved pesticide appli-
cator. Such an applicator must have obtained a State license based
upon a demonstration of competence, according to standards ap-
proved or prescribed by the Administrator. A pesticide designated
for use by permit only can be used only with the approval in
writing of an approved pest management consultant who has ob-
tained a State license meeting certain standards approved by the
Administrator. The approval of a consultant must be obtained for
each application of a pesticide classified as for use by permit only.
The Administrator may change the designation of a pesticide at
any time, subject to due notice and an" appeals procedure. The
Administrator is given up to four years to fully implement the
system of classifying pesticides, because the major burden of li-
censing approved pesticide applicators and pest management con-
sultants will fall on the States, and some time will be required for
the States to train and certify sufficient numbers of applicators
-------
2300 LEGAL COMPILATION—GENERAL
and consultants. Section 12 of the bill provides for Federal con-
tracts to assist in such training.
The appeals procedure for an applicant whose registration is
refused is changed from current authority by deleting the oppor-
tunity for the applicant to take the matter to an advisory commit-
tee. The applicant may request a public hearing on the matter and
may then appeal in the courts.
Within 30 days after registering or refusing to register a pesti-
cide, the Administrator must make public the data submitted with
the registration and other scientific information he deems relevant
to his decision, subject to the usual restrictions concerning pro-
prietary data.
Section 5 provides authority for cancellation and suspension of
[p. 135]
the registration of pesticides. A pesticide is registered for an
initial five-year period and for five-year periods thereafter. Three
years after the initial registration, the registrant must submit to
the Administrator a report on any new findings on the environ-
mental or health effects of the registered pesticide.
The Administrator may cancel the registration of a pesticide by
giving notice to the registrant. The cancellation is effective 30
days after notice is given unless the registrant corrects the rele-
vant deficiencies or objects to the cancellation and requests a pub-
lic hearing. A cancellation then does not become effective until the
appeals process has been exhausted.
If it is necessary to prevent an imminent hazard to health or the
environment, the Administrator may suspend the registration of a
pesticide. Such a suspension is effective immediately, but is sub-
ject to the same appeals process as a cancellation. If the Adminis-
trator suspends a pesticide, he must at the same time initiate
proceedings to cancel the registration.
Section 6 provides for enforcement of the provisions of the Act.
It authorizes the Administrator to prescribe the records which
must be kept by manufacturers or processors of pesticides, and to
establish standards with respect to the packaging of registered
pesticides. The Administrator may certify violations of the Act to
the Attorney General who may then institute civil or criminal
proceedings as appropriate.
Section 7 allows the Administrator to order a stop to the sale of
a pesticide if he believes that the pesticide is in violation of the
Act. He may also confiscate a pesticide if it is adulterated, mis-
branded, mislabelled, or unregistered.
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GUIDELINES AND REPORTS 2301
Under the terms of section 8 knowing violators of the Act are
subject to criminal penalties of no more than $25,000 or imprison-
ment for not more than one year or both. All violators are subject
to civil penalties of not more than $10,000. The provision for civil
penalties is new, and the fine for criminal violation is increased.
Section 9 specifies the records which must be kept by manufac-
turers, distributors, carriers, and dealers. It requires that each
establishment manufacturing or processing pesticides must regis-
[p. 136]
ter with the Administrator, and must provide him with informa-
tion on the types and amounts of pesticides being produced, the
distribution or sale of such pesticides, and, when requested by the
Administrator for the purpose of recalling a product, the name of
each recipient of the product. The section also contains provisions
regarding entry and inspection of factories registered under the
Act.
Section 10 exempts from the penalties for nonregistration, mis-
branding, or mislabelling, purchasers who received a guaranty
from the seller, carriers, public officials engaged in official duties,
and those using pesticides in an approved manner for experimen-
tal use.
Section 11 authorizes the Administrator to establish procedures
and regulations for the disposal of pesticides and to provide advice
to the Secretary of Transportation on regulation of the transpor-
tation of pesticides.
Section 12 authorizes the Administrator to contract with States,
localities, or non-profit organizations to assist them in training
approved pest control operators and consultants.
Section 13 authorizes the Administrator to carry out research
and monitoring necessary to implement the Act. The section also
requires the Administrator to formulate and publish a national
pesticide monitoring plan.
Section 14 deals with imports and exports. It requires that
exporters must file with the Administrator a certification that the
article exported is in compliance with the laws and regulations of
the foreign country to which it is being sent. The section also
provides for prohibiting the sale of or confiscating imports which
do not meet the requirements of the Act, and establishes proce-
dures for the Secretary of the Treasury and the Administrator to
implement controls over imports.
Section 16 authorizes the Administrator to delegate his author-
ity to EPA employees and further states that he shall cooperate
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2302 LEGAL COMPILATION—GENERAL
with the Secretaries of Agriculture, Interior, Commerce, and
Health, Education, and Welfare in carrying out the provisions of
the Act. Insofar as such action is feasible, the Administrator will
[p. 137]
notify appropriate heads of Federal departments and agencies of
relevant suspension and cancellation actions taken under this Act.
Section 17 authorizes appropriation of such sums as may be
necessary to administer the Act.
Section 19 provides that the bill shall not be construed as su-
perseding or limiting other Federal authorities. Actions taken
under the Federal Insecticide, Fungicide, and Rodenticide Act, as
amended, remain in effect until modified pursuant to this Act.
States are not precluded from imposing stricter standards or
added requirements, but they may not permit any sale or use of
pesticide which is prohibited under the authority of this Act.
Section 20 repeals the Federal Insecticide, Fungicide, and Ro-
denticide Act, as amended, and provides that all references to that
Act in other laws, regulations, and public records, shall henceforth
refer to the Federal Environmental Pesticide Control Act.
Section 21 adds tobacco to the definition of "raw agricultural
commodity" in the Federal Food, Drug, and Cosmetic Act, as
amended.
[p. 138]
RECYCLING WASTES
The mounting increases in solid wastes present a major envi-
ronmental problem, resulting in unsightly open dumps and air and
water pollution. Solid wastes are presently increasing at a much
higher rate than is our ability to dispose of them in a satisfactory
manner. Much of the growth is due to more and more throwaway,
convenience products and decreases in the percentage of material
that is reused or recycled.
About one-half of municipal solid wastes are paper products.
Consumption of paper and paper products in this country reached
58.3 million tons in 1969, up almost 70 percent in less than 10
years, with an expected increase of another 50 percent by 1980.
Average annual per capita paper consumption in the United
States is 575 pounds, compared with a worldwide average of only
50 pounds. Although only 19 percent of our total paper production
is recycled—down from 27 percent 10 years ago—the amount
reaches 40 percent in some European countries. Using waste
-------
GUIDELINES AND REPORTS 2303
paper in new paper products would ease pressures on overbur-
dened solid waste disposal facilities and transform a costly detri-
ment into a valuable asset.
The Resource Recovery Act of 1970 recognizes the importance
of recycling. It provides authority to develop and demonstrate
recycling technology and provides for studies of secondary mar-
kets and economics. But tangible results require that a demand for
recycled materials be created, a demand that often does not exist.
THE PRESIDENT'S PROPOSAL
The President announced that the General Services Administra-
tion (GSA) is revising Federal procurement specifications to re-
quire the use of recycled paper by the Government as a stimulus
for further paper recycling. GSA has changed its procurement
specifications to require the use of a minimum of 3 to 50 percent
of recycled material. Depending on the product, this would affect
paper purchases of over $35 million per year. GSA is revising its
other specifications to require recycled material involving an addi-
tional $25 million in annual Federal purchases. These two actions
cover over one-half of the total paper products purchased by GSA.
All remaining specifications will be reviewed to require the use
of recycled material in as many other paper products as possible.
[p. 140]
The regulations will be continually reviewed to increase the re-
quired percentage of recycled content. Specifications for other
products will also be reviewed to determine where other recycled
products could be used and to change Federal specifications wher-
ever possible.
The Governors of the States have been asked to review their
purchasing policies and, where possible, to require the use of recy-
cled paper. To assist them, GSA has established a technical liaison
program to provide the States with the revised Federal specifica-
tions and with other information on this new program.
These measures should provide a much greater demand for re-
cycled paper and hence should stimulate greater production. It
should also demonstrate to the private sector that recycling is not
only desirable but is feasible and should thereby encourage private
actions to procure more products manufactured from waste mate-
rials.
[p. 141]
-------
2304 LEGAL COMPILATION—GENERAL
Toxic SUBSTANCES,
ENVIRONMENTAL PROTECTION AGENCY,
Washington, D.C.
HON. SPIRO T. AGNEW,
President of the Senate,
Washington, D.C.
HON. CARL B. ALBERT,
Speaker of the House of Representatives,
Washington, D.C.
[p. 144]
DEAR MR. [PRESIDENT/SPEAKER] : There is transmitted herewith for the
consideration of the Congress a draft bill "The Toxic Substances Control
Act of 1971." The bill is drafted as a separate title to the Hazardous
Substances Act.
The legislative proposal would authorize the Administrator of the Environ-
mental Protection Agency to restrict or prohibit the use or distribution of a
chemical substance if necessary to protect health and the environment. The
Administrator is also authorized to prescribe standards for tests and results
of such tests which must be met before a manufacturer can market a new
product. The Administrator is required to consult with an independent
board of scientists before proposing action to restrict a substance or before
proposing standards for tests.
The provisions of the proposal would provide needed protection to the
American public and would greatly aid our efforts to improve environmental
quality.
The legislation has been developed in cooperation with the Council on
Environmental Quality and other interested agencies.
A similar letter is being sent to the [President of the Senate/Speaker
of the House].
The Office of Management and Budget advises that enactment of this
proposed legislation would be in accord with the program of the President.
Sincerely yours,
WILLIAM D. RUCKELSHAUS.
[p. 145]
THE Toxic SUBSTANCES ACT OF 1971
A BILL to amend the Federal Hazaradous Substances Act, as amended,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act
may be cited as the Toxic Substances Control Act of 1971.
Section 2.
The Federal Hazardous Substances Act is amended by inserting
before Section 1 of such Act the following: "Title I—Hazardous
Consumer Products."
-------
GUIDELINES AND REPORTS 2305
Section 3.
Such Act is further amended by adding after the aforesaid Title
I, i.e., after Section 18 of the Act, the following new Title:
"TITLE n—TOXIC SUBSTANCES
"Section 201. Policy
"Whereas the American people are being exposed to a large
number of chemical substances each year; and
"Whereas among the many new substances constantly being
developed are some which may be a danger to human health or the
environment; and
"Whereas the effective regulation of interstate commerce in
such chemicals necessitates the regulation of transactions in such
chemicals in intrastate commerce as well;
"Therefore, it is the policy of the United States that new chemi-
cal substances should be adequately tested with respect to their
safety to man and the environment; and
"That adequate authority should exist to restrict the distribu-
tion and use of chemicals found to be toxic; and
"That such authority over chemicals be exercised in such a
manner as not to unduly impede technological innovation while
fulfilling the primary purpose of this title to assure that such
innovation and commerce does not endanger human health or the
environment.
Section 202. Definitions
[p.146]
"(a) 'Administrator' means the Administrator of the Environ-
mental Protection Agency.
"(b) 'Chemical substance' means any organic or inorganic sub-
stance of a particular molecular identity or any uncombined chem-
ical radical or element.
"(c) 'Manufacturer' means any person engaged in the produc-
tion or manufacture of chemical substances for purposes of sale or
distribution in commercial quantities, or an importer thereof.
" (d) 'Processor' means any person engaged in the preparation
of a chemical substance for distribution or use either in the form
in which it is received or as part of another product, as defined by
regulations of the Administrator.
"(e) 'Restrict use or distribution' means to prescribe the
amount sold to given types of processors, or to limit the type of
processor to whom a substance may be sold, or to prescribe the
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2306 LEGAL COMPILATION—GENERAL
amount which may be utilized by a given type of processor.
"(f) 'Byproduct' means a chemical substance produced as a
direct result of the production, manufacture, or processing of
some other chemical substance which is subject to the provisions
of this title.
"(g) 'Environment' includes water, air, land, all plants and
animals living therein, and the interrelationships which exist
among these.
"(h) 'Animal' means all vertebrate and invertebrate species,
including but not limited to man and other mammals, birds, fish,
and shellfish.
"(i) 'Protect health and the environment' means protection
against any injury to man and protection against any substantial
adverse effects on environmental values, taking into account the
public interest.
" (j) 'District Court of the United States' includes the District
Court of Guam, the District Court of the Virgin Islands, the Dis-
trict Court of the Canal Zone, and in the case of American Samoa
and the Trust Territory of the Pacific Islands, the District Court
of the United States for the District of Hawaii, which Court shall
have jurisdiction over actions arising under this title.
"Section 203. Restrictions on use or distribution
[P. 147]
"PROPOSAL TO ADOPT RESTRICTIONS
"(a) For any chemical substance produced in commercial
quantities, after evaluating all information developed by or other-
wise provided to or made available to him, and after referring the
matter to a committee in accordance with section 208, the Admin-
istrator may publish proposed regulations to:
"(1) restrict or prohibit the use or distribution of the
chemical substance to the extent necessary to protect health
and the environment; and
"(2) require that any or all persons engaged in the distri-
bution of the substance so regulated give notification to pur-
chasers of the substance of such restriction in such form or
manner as the Administrator deems advisable; and
"(3) require such other action as may be necessary to
carry out such restrictions including prohibiting or restrict-
ing the sale, use, or removal of such substance or product.
OBJECTIONS, NOTICE, HEARING, FINAL ORDER
"(b) (1) On or before the thirtieth day after the day on which
-------
GUIDELINES AND REPORTS 2307
the proposed regulations under subsection (a) are made public,
any person who will be adversely affected by such regulations if
placed in effect may file objections thereto with the Administrator
specifying with particularity the provisions of the regulations
deemed objectionable, stating the grounds therefor, and request-
ing a public hearing upon such objections.
"(2) After such request for a public hearing, the Administra-
tor, after due notice, shall upon request by a manufacturer or
processor, and may, in his discretion, upon request by any other
person adversely affected by such order, hold such a public hearing
for the purpose of receiving evidence relevant and material to the
issues raised by such objections. At the hearing, any interested
person may be heard in person or by representative.
"(3) As soon as practicable after the date for completion of the
filing of objections and comments, and the hearing, if any such
hearing has been held, the Administrator shall by order act upon
such objections, if any, and make public an order promulgating,
modifying, or withdrawing the proposed regulations issued under
[p. 148]
paragraph (a) (1). Such order shall be based only on the evidence
of record and shall set forth, as part of the order, detailed findings
of fact on which the order imposing restrictions is based and the
relationship of such finding to the restrictions imposed. Such order
must be based on the Administrator's finding that such regula-
tions are necessary to protect health and the environment and that
the proposed action is necessary to carry out the objectives of this
title. In making such a finding the Administrator shall consider all
relevant factors including: the effects on human health and the
environment of the substance or its byproducts; the benefits to be
derived from the use of the substance as compared with the risks;
the normal circumstances of use; the degree to which release of
the substance or byproducts to the general environment is con-
trolled; and the magnitude of exposure of humans and the envi-
ronment to the substance or its byproducts. The Administrator
shall specify in the order the date on which it shall take effect,
except that it shall not be made to take effect prior to the ninetieth
day after its publication.
MODIFICATION OR RESCISSION
"(c) Manufacturers or processors of a chemical substance af-
fected by final regulations issued pursuant to this section may
petition the Administrator for modification or rescission of the
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2308 LEGAL COMPILATION—GENERAL
regulation. The Administrator may at any time modify or rescind
such regulations. Proceedings respecting petitions from manufac-
turers or processors or respecting modifications or rescissions
made by the Administrator shall be held in accordance with the
standards and procedures established by this section, except that
the Administrator may or may not, in his discretion, provide for a
hearing regarding such modifications or rescissions.
JUDICIAL REVIEW
"(d) (1) Any person who will be adversely affected by an order
issued under subsection 203 (b) or (c) if placed in effect may at
any time prior to the ninetieth day after such order is issued file a
petition with the United States court of appeals for the circuit
wherein such person resides or has his principal place of business,
for a judicial review of such order. A copy of the petition shall be
[p-149]
forthwith transmitted by the clerk of the court to the Administra-
tor or other officer designated by him for that purpose. The Ad-
ministrator thereupon shall file in the court the record on which
he based his order, as provided in section 2112 of Title 28 of the
United States Code.
"(2) If the petitioner applies to the court for leave to adduce
additional evidence, and shows to the satisfaction of the court that
such additional evidence is material and that there were reasona-
ble grounds for the failure to adduce such evidence in the record
before the Administrator, the court may order such additional
evidence (and evidence in rebuttal thereof) to be taken before the
Administrator and to be adduced upon the hearing, in such man-
ner and upon such terms and conditions as to the court may seem
proper. The Administrator may modify his findings as to the
facts, or make new findings by reason of the additional evidence so
taken, and he shall file such modified or new findings, and his
recommendation, if any, for the modification or setting aside of
his original order, with the return of such additional evidence.
"(3) Upon the filing of the petition referred to in subsection
(d) (1), the court shall have jurisdiction to affirm the order, or to
set it aside in whole or in part, temporarily or permanently. If the
order of the Administrator refuses to issue, amend, or repeal a
regulation and such order is not in accordance with law the court
shall by its judgment order the Administrator to take action, with
respect to such regulation, in accordance with law. The findings of
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GUIDELINES AND REPORTS 2309
the Administrator as to the facts shall be sustained if based upon
substantial evidence on the record considered as a whole.
"(4) The judgment of the court affirming or setting aside, in
whole or in part, any such order of the Administrator shall be
final, subject to review by the Supreme Court of the United States
upon certiorari or certification as provided in section 1254 of Title
28 of the United States Code.
"Section 204. Imminent hazard
"(a) An imminent hazard shall be considered to exist when the
[p. 1501
evidence is sufficient to show that a use or distribution of a chemi-
cal substance creates a hazard to human health or the environment
(1) that should be corrected immediately to prevent injury to
health and (2) that should not be permitted to continue while an
administrative hearing or other formal proceeding is being held.
"(b) If the Administrator has reason to believe that an immi-
nent hazard exists he may request the Attorney General to peti-
tion an appropriate district court of the United States to restrain
the uses or distribution of the chemical substance responsible for
the hazard. Upon the filing of any such petition the district court
shall have jurisdiction to grant such injunctive relief or tempo-
rary restraining order pending the outcome of proceedings pur-
suant to section 203 of this Act. Such proceedings shall be initi-
ated contemporaneously with the request of the Administrator to
take action under this subsection. Such proceedings shall be
deemed to be initiated when he has referred the matter to a com-
mittee under section 208 (c).
"(c) The initiation of any proceedings or actions under section
203 shall not prevent the Administrator from initiating action
under this section if he has reason to believe that an imminent
hazard exists.
"Section 205. Testing
"As soon as practicable after enactment of the title and from
time to time thereafter, the Administrator shall, after referral to
the Toxic Substances Board, for various classes and uses of chemi-
cal substances, prescribe by regulation standards for test proto-
cols, and for the results to be achieved therefrom, as are necessary
to protect health and the environment. He shall afford opportunity
for submission of written comments, and upon request of any
affected person, a public hearing with respect to any such pro-
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2310 LEGAL COMPILATION—GENERAL
posed regulation, and such regulation shall be based upon substan-
tial evidence of record in such proceeding. He may supplement,
modify, or withdraw any such regulation in the same manner.
Regulations promulgated pursuant to this section shall be applica-
ble only to chemical substances which are first produced in com-
mercial quantities after the effective date of such regulations. The
[p. 151]
promulgation of regulations as to a particular chemical substance
under this section shall not preclude action with respect to such
substance under section 203.
"Section 206. Reports
"(a) The Administrator may by regulation require any or all
manufacturers of chemical substances to report to him annually or
such more frequent times as the Administrator may reasonably
require as to any or all of the following:
"(1) The names of any or all substances produced by the
manufacturer;
"(2) The chemical identity and molecular structure of such
substances;
"(3) The categories of use of each such substance, insofar
as they are known to him;
"(4) Reasonable estimates of the amounts of each sub-
stance produced for each such category of use; and
"(5) A description of the byproducts, if any, resulting
from the production of such substance, and, insofar as they
are known to him, from the use thereof.
"(b) Whenever the Administrator determines that such action
is necessary to accomplish the purposes of this title, he may direct
manufacturers of a chemical substance to provide, within a speci-
fied period of time not to be less than 30 days, the results of any
tests of the health or environmental effects of the substance or its
byproducts, which have been performed by or at the instance of
the manufacturer or such results as are otherwise known to him,
and any or all of the items of information listed in subsection (a).
"(c) Whenever the Administrator determines that such action
would be productive and desirable to allow him to carry out his
responsibilities and authorities under this title, he may by publish-
ing a notice in the Federal Register invite and afford all interested
persons an opportunity to provide in writing information respect-
ing the health or environmental effects of the substance or its
byproducts.
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GUIDELINES AND REPORTS 2311
"Section 207. Relationship to other laws
[p. 152]
" (a) This title shall not apply to—
"(1) economic poisons subject to the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended, and chemical
substances used solely in such poisons, provided that if a
chemical substance which constitutes such a poison or such an
ingredient is or may be used for any purpose which is not
regulated by the Federal Insecticide, Fungicide, and Rodenti-
cide Act, as amended, this title shall apply to such other uses.
" (2) foods, food additives, drugs, and cosmetics subject to
the Federal Food, Drug, and Cosmetic Act, as amended, the
Federal Meat Inspection Act, and the Poultry Products
Inspection Act, and chemical substances used solely therein,
and controlled substances regulated pursuant to the Compre-
hensive Drug Abuse Prevention and Control Act of 1970,
provided, that if such an item or substance is or may be used
for any purpose which is not regulated by such acts this title
shall apply to such other uses;
" (3) any source material, special nuclear material, or by-
product material as defined in the Atomic Energy Act of
1954, as amended, and regulations issued pursuant thereto by
the Atomic Energy Commission.
"(4) The authority of the Secretary of the Department of
Transportation to establish rules and regulations for the
transportation of hazardous materials.
"(b) To the extent that such activities are subject to regulation
by other Federal laws, including the Occupational Health and
Safety Act of 1970 and Title I of this Act, the Administrator shall
not regulate the use or distribution of a new or existing chemical
substance on the basis of any possible hazard to employees in their
place of employment, or the hazard directly to consumers resulting
from household use of marketed products which contain or might
contain the substance. If it appears to the Administrator that any
such substance may pose a hazard when transported, or when used
on or in food or as a drug or cosmetic, or may be a hazard to
employees in their place of employment, or may pose a hazard
directly to consumers resulting from household use of marketed
[p. 153]
products which contain or might contain the substance, he shall
transmit any data received from manufacturers or processors rel-
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2312 LEGAL COMPILATION—GENERAL
evant to such hazard to the Federal department or agency with
authority to take legal action if a hazard is found to exist.
"(c) The Administrator shall coordinate actions taken under
this Act with actions taken to enforce the Federal Water Pollution
Control Act as amended and the Clean Air Act as amended, and
shall, where appropriate, use the authorities contained in those
Acts to regulate chemical substances.
"(d) The Administrator shall make every effort to maintain
close coordination with the Department of Health, Education, and
Welfare and other appropriate Federal agencies in administering
the provisions of this title.
" (e) This title shall not be construed as superseding or impair-
ing the provisions of any other law or treaty of the United States.
"Section 208. Toxic substances board
"(a) There shall be established in the Environmental Protection
Agency a Toxic Substances Board consisting of a reasonable num-
ber of scientifically qualified persons. The Administrator shall ap-
point as the members of the board the persons nominated to him
by the National Academy of Sciences. One of the members may be
designated at any time by the Director of the National Academy
of Sciences to serve as Chairman of the Board.
"(b) The National Academy of Sciences, in consultation with
the Board, shall establish, maintain, and publish a continuing list
of qualified scientists, including experts in the areas likely to be
covered by this title. Such scientists shall be consultants to the
Toxic Substances Board.
" (c) Before proposing any regulations under authority of sec-
tion 203 or 205 the Administrator shall refer his proposed action
and the available evidence to a committee drawn from members of
the Board and the list of consultants to the Board. The Adminis-
trator shall appoint as the members of the committee the consult-
ants nominated to him by the Board. The committee shall report
its views, in writing, to the Administrator within a reasonable
time, not to be less than 45 days, specified by the Administrator. If
[p.154]
the committee fails to report within the specified time, the Admin-
istrator may proceed to take action under this title. The report of
the committee shall be considered as part of the record in any
proceeding taken with respect to the Administrator's action.
"(d) The Administrator may, at his discretion, also request the
Board to convene a panel to consider other actions proposed to be
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GUIDELINES AND REPORTS 2313
taken under this Act, including actions proposed to be taken under
section 204 (b).
"(e) The Administrator is authorized to reimburse the National
Academy of Sciences for expenses incurred in carrying out this
section.
"Section 209. Research
"The Administrator is authorized to conduct such research and
monitoring as is necessary to carry out his functions and responsi-
bilities under this title. Such research and monitoring shall not
duplicate the efforts of other Federal agencies. To this end, the
Administrator is authorized to establish research laboratories, in-
cluding the acquisition of necessary land, buildings, or facilities,
and to make contracts for such research and monitoring.
"Section 210. Administrative inspections and warrants
"(a) (1) For the purpose of inspecting, copying, and verifying
the correctness of records, reports, or other documents required to
be kept or made under this title and otherwise facilitating the
carrying out of his functions under this title, the Administrator is
authorized, in accordance with this section, to enter any factory,
warehouse, or premises in which chemical substances are manu-
factured, processed, or held and to conduct administrative inspec-
tions thereof, and of the things specified in this section, relevant to
those functions.
"(2) Such entries and inspections shall be carried out through
officers of employees (hereinafter referred to as "inspectors")
designated by the Administrator. Any such inspector, upon stating
his purpose and presenting to the owner, operator, or agent in
charge of such premises (A) appropriate credentials and (B) his
administrative inspection warrant or a written notice of his other
inspection authority, shall have the right to enter such premises
[p. 155]
and conduct such inspection at reasonable times.
"(3) Except when the owner, operator, or agent in charge of
such premises so consents in writing, no inspection authorized by
this section shall extend to—
"(A) financial data;
" (B) sales data other than shipment data;
"(C) pricing data;
" (D) personnel data; or
"(E) research data (other than data relating to the tests
described in subsection 206 (b)).
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2314 LEGAL COMPILATION—GENERAL
"(b) A warrant under this section shall not be required for
entries and administrative inspections (including seizures of prop-
erty)—
"(1) with the consent of the owner, operator, or agent in
charge of such premises;
"(2) in situations presenting imminent danger to health or
safety;
"(3) in any other exceptional or emergency circumstances
where time or opportunity to apply for a warrant is lacking;
or
"(4) in any other situations where a warrant is not consti-
tutionally required.
"(c) Issuance and execution of administrative inspection war-
rants shall be as follows :
"(1) Any judge of the United States or of a State court of
record, or any United States magistrate, may, within his ter-
ritorial jurisdiction, and upon proper oath or affirmation
showing probable cause, issue warrants for the purpose of
conducting administrative inspections authorized by this title
or regulations thereunder, and seizures of property appropri-
ate to such inspections. For the purposes of this section, the
term "probable cause" means a valid public interest in the
effective enforcement of this title or regulations thereunder
sufficient to justify administrative inspections of the area,
premises, building, or contents thereof, in the circumstances
specified in the application for the warrant.
"(2) A warrant shall issue only upon an affidavit of an
officer or employee having knowledge of the facts alleged,
sworn to before the judge or magistrate and establishing the
[p. 156]
grounds for issuing the warrant. If the judge or magistrate is
satisfied that grounds for the application exist or that there is
probable cause to believe they exist, he shall issue a warrant
identifying the area, premises, or building, to be inspected,
the purpose of such inspection, and, where appropriate, the
type of property to be inspected, if any. The warrant shall
identify the items or types of property to be seized, if any.
The warrant shall be directed to a person authorized under
subsection (a) (2) to execute it. The warrant shall state the
grounds for its issuance and the name of the person or per-
sons whose affidavit has been taken in support thereof. It
shall command the person to whom it is directed to inspect
-------
GUIDELINES AND REPORTS 2315
the area, premises, or building, identified for the purpose
specified, and, where appropriate, shall direct the seizure of
the property specified. The warrant shall direct that it be
served during normal business hours. It shall designate the
judge or magistrate to whom it shall be returned.
"(3) A warrant issued pursuant to this section must be
executed and returned within ten days of its date unless, upon
a showing by the United States of a need therefor, the judge
or magistrate allows additional time in the warrant. If prop-
erty is seized pursuant to a warrant, the person executing the
warrant shall give to the person from whom or from whose
premises the property was taken a copy of the warrant and a
receipt for the property taken or shall leave the copy and
receipt at the place from which the property was taken. The
return of the warrant shall be made promptly and shall be
accompanied by a written inventory of any property taken.
The inventory shall be made in the presence of the person
executing the warrant and of the person from whose posses-
sion or premises the property was taken, if they are present,
or in the presence of at least one credible person other than
the person making such inventory, and shall be verified by the
person executing the warrant. The judge or magistrate, upon
request, shall deliver a copy of the inventory to the person
from whom or from whose premises the property was taken
and to the applicant for the warrant.
[p. 157]
"(4) The judge or magistrate who has issued a warrant
under this section shall attach to the warrant a copy of the
return and all papers filed in connection therewith and shall
file them with the clerk of the district court of the United
States for the judicial district in which the inspection was
made.
"Section 211. Exports and imports
" (a) Notwithstanding any other provision of this title, no sub-
stance shall be deemed in violation of this title when intended
solely for export to any foreign country except if the Administra-
tor finds that as exported and used the substance, or particular
uses of the substance, will produce a significant direct or indirect
hazard to human health or the environment in the United States.
" (b) The Secretary of the Treasury shall refuse entry into the
United States of any chemical substance or article containing such
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2316 LEGAL COMPILATION—GENERAL
substance offered for entry if it violates any of the provisions of
this title. If a substance or article is refused entry, the Secretary
of the Treasury shall refuse delivery to the consignee and shall
cause the disposal or storage of any substance or article refused
delivery which has not been exported by the consignee within
three months from the date of notice of such refusal under such
regulations as the Secretary of Treasury may prescribe: Provided,
that the Secretary of Treasury may deliver to the consignee such
substance or article pending examination and decision in the mat-
ter on execution of bond for the amount of the full invoice value of
such substance or article, together with the duty thereon, and on
refusal to return such substance or article for any cause to the
custody of the Secretary of the Treasury, when demanded, for the
purpose of excluding them from the country, or for any other
purpose, said consignee shall forfeit the full amount of said bond:
And provided further, that all charges for storage, cartage, and
labor on substances or articles which are refused admission or
delivery shall be paid by the owner or consignee, and in default of
such payment shall constitute a lien against any future importa-
tion made by such owner or consignee.
"(c) The Secretary of the Treasury, in consultation with the
[p. 158]
Administrator, shall issue regulations for the enforcement of
subsection (b) above.
"Section 212. Confidentiality
"(a) The information obtained from any manufacturer or proc-
essor shall be confidential to the extent that it comprises matters
referred to in section 552 (b) (4) of Title 5 of the United States
Code.
"(b) The Administrator may at his own initiative or at the
request of a manufacturer or processor issue a protection order
respecting the confidentiality of information obtained from a man-
ufacturer or processor pursuant to the provisions of this title, as
he may deem appropriate to protect the manufacturer or proces-
sor from competitive injury.
"(c) Information deemed to be confidential in accordance with
the provisions of subsections (a) or (b) may be disclosed to other
Federal officers or employees when necessary to accomplish the
purposes of this title except that the provisions of section 1905 of
Title 18 of the United States Code shall continue to apply, and
such information may be disclosed in camera when relevant in any
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GUIDELINES AND REPORTS 2317
administrative or judicial proceeding under this title. In any such
proceeding, the administrative body, the Administrator, or the
court shall issue such orders as may be appropriate to protect the
confidentiality of the materials designated as such by the aforego-
ing provisions.
"Section 213. Prohibited acts
"The following acts and the causing thereof are prohibited—
"(a) The failure to comply with any final regulation or order
issued by the Administrator pursuant to this title;
"(b) The failure or refusal to provide information or results of
tests as required by section 206 of this title;
"(c) The sale, distribution, or importation into the United
States of a chemical substance subject to regulations promulgated
under section 205 for which the standards applicable thereto re-
quired by such regulations have not been met;
"(d) The knowing or willful failure of any person who pur-
chases or receives a substance and who is required to be given
notice of restrictions on use or distribution of such substance
[p. 159]
pursuant to paragraph 203 (a) (2), to comply with such restric-
tions on use or distribution;
"(e) The failure to perform any other action required under
this title.
"Section 214. Penalties and remedies
"(a) Any person willfully violating subsections 213(a), (b),
(c) or (d) shall on conviction be fined not more than $25,000 or
imprisoned for not more than one year or both.
"(b) (1) Any person violating subsections 213(a), (b), (c) or
(d) shall be liable to a civil penalty to the United States of a sum
which is not more than $25,000 for each day of violation, to be
assessed by the Administrator after notice and opportunity for
hearing and after he has considered the nature, circumstances,
and extent of such violation, the practicability of compliance with
the provisions violated and any good faith efforts to comply with
such provisions.
" (2) Upon failure of the offending party to pay the penalty, the
Administrator may request the Attorney General to commence an
action in the appropriate district court of the United States for
such relief as may be appropriate.
"(c) The Attorney General or his delegate may bring an action
-------
2318 LEGAL COMPILATION—GENERAL
in the appropriate district court of the United States for equitable
relief to redress a violation by any person of any provision of
section 213 of this title, and the district courts of the United
States shall have jurisdiction to grant such relief as the equities of
the case may require.
"Section 215. Environmental prediction and assessment
"The Environmental Protection Agency shall, in cooperation
with other Federal agencies, develop the necessary personnel and
information resources to predict the introduction of new chemical
substances into the environment and assess the environmental con-
sequences of such introduction.
"Section 216. Use of Government facilities
"The Administrator may use, by agreement, the personnel, serv-
ices, and facilities of other Federal departments, agencies, or in-
strumentalities, whether on a reimbursable or non-reimbursable
basis.
[p. 160]
"Section 217. Health and environmental data
"The Council on Environmental Quality in consultation with the
Administrator, the Secretary of Health, Education, and Welfare,
the Secretary of Commerce, and the heads of other appropriate
departments or agencies, shall coordinate a study of the feasibility
of establishing (1) a standard classification system for chemical
compounds and related substances, and (2) a standard means for
storing and for obtaining rapid access to information respecting
such materials.
"Section 218. State regulation
"Nothing in this title shall affect the authority of any State or
local government to restrict the distibution or use of a chemical
substance or impose requirements of tests and test results for a
chemical substance except that (1) if the Administrator has pub-
lished proposed regulations under section 203 with respect to lim-
iting particular uses of a particular substance a State or local
government may not thereafter impose restrictions on such uses of
such substance other than a total ban on such use or uses; (2) if
the Administrator has published proposed regulations under sec-
tion 205 with respect to tests for particular substances or uses, a
State or local government may not impose test protocols or results
to be achieved therefrom with respect to such substances and uses
-------
GUIDELINES AND REPORTS 2319
for the purposes similar to this title; and (3) if the Administrator
has published proposed regulations under section 203 with respect
to limiting particular uses of a particular substance or if the
Administrator has published proposed regulations under section
205 with respect to tests for particular substances or uses, a State
is not preempted from enforcing any restrictions or test protocols
and results to be achieved therefrom existing at the time any such
proposed regulation was published; provided that if the Adminis-
trator issues an order under section 203 (b) (3) restricting the use
of such substance or withdrawing a proposed regulation restrict-
ing a use of such substance, or if the Administrator issues an
order under section 205 prescribing tests or withdrawing a pro-
posed regulation for such tests, the State may not enforce any
such restrictions, test protocols, or results to be achieved there-
[p. 161]
from after the effective date of such order, other than a total ban
on such use or uses.
"Section 219. Regulations
The Administrator is authorized to issue such regulations as he
may deem appropriate to carry out the purposes of this title and
to amend them at any time.
"Section 220. Authorization for appropriations
There is hereby authorized to be appropriated to the Environ-
mental Protection Agency such sums as may be necessary for the
purposes and administration of this Act."
[p. 162]
OCEAN DUMPING,
ENVIRONMENTAL PROTECTION AGENCY,
Washington, D.C.
HON. SPIRO T. AGNEW,
President of the Senate,
Washington, D.C.
HON. CARL B. ALBERT,
Speaker of the House of Representatives,
Washington, D.C.
DEAR MR. [PRESIDENT/SPEAKER] : Enclosed is a draft of a proposed bill
"to regulate the dumping of material in the oceans, coastal, and other
waters and for other purposes."
We recommend that the bill be referred to the appropriate committee
for consideration and that it be enacted.
The proposed legislation would implement the recommendations of the
report "Ocean Dumping—A National Policy." That report, requested by the
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2320 LEGAL COMPILATION—GENERAL
President in his April 15, 1970, message on waste disposal, was prepared
by the Council on Environmental Quality and made public by the President
on October 7, 1970.
The report points out that there is a critical need for a national policy
on ocean dumping. Many of the wastes now being dumped are heavily
concentrated and contain materials that have a number of adverse effects.
Many are toxic to human and marine life, deplete oxygen necessary to
maintain the marine ecosystem, reduce populations of fish and other
economic resources, and damage esthetic values. In some areas, such as
the New York Bight, the environmental conditions created by ocean
disposal of wastes are serious.
The Council study indicates that the volume of waste materials dumped
in the ocean is growing rapidly. Because the capacity of land-based waste
disposal sites is becoming exhausted in some coastal cities, communities
are looking to the ocean as a dumping ground for their wastes. Faced
with higher water quality standards, industries may also look to the ocean
[p. 164]
for disposal. The result could be a massive increase in the already growing
level of ocean dumping. If this occurs, environmental deterioration will
become widespread.
In most cases, feasible and economic land-based disposal methods are
available for wastes currently being dumped in the ocean. In many cases,
alternatives to ocean dumping can be applied positively for purposes such
as land reclamation and recycling to recover valuable waste components.
Current regulatory activities and authorities are not adequate to handle
the problem of ocean dumping. States do not exercise extensive control
over ocean dumping, and generally their authority extends only within
the three-mile territorial sea. The greater part of current dumping occurs
outside these waters. The Army Corps of Engineers has regulatory authority
over ocean dumping but, again, this is largely confined to the territorial
sea. The Corps also has responsibility to facilitate navigation, chiefly by
dredging navigation channels. As such, it is in the position of regulating
activities over which it also has operational responsibility. The Coast
Guard enforces several Federal laws regarding pollution but has no direct
authority to regulate ocean dumping. The authority of the Federal Water
Pollution Control Act does not provide for issuance of permits to control
ocean dumping. And the Atomic Energy Commission has authority only
for disposal of radioactive materials. The Council believes that new
legislative authority is necessary.
Taken together, present responsibilities are dispersed and operational
agencies exercise responsibility to regulate themselves and entities perform-
ing work consistent with their primary mission. It is now necessary that
responsibility for ocean dumping be centralized in an agency whose chief
role is environmental control. The enclosed bill would give this responsibility
to the Environmental Protection Agency.
[p. 165]
The proposed legislation would bar the transportation of material for
dumping and the actual dumping itself in the oceans, coastal waters and
Great Lakes, except as authorized by permits issued by the Administrator
-------
GUIDELINES AND REPORTS 2321
of the Environmental Protection Agency. The Administrator would be
empowered to ban ocean dumping of certain materials and to designate
recommended safe sites for disposal. Transportation for dumping or dump-
ing without a permit would be subject to civil and criminal penalties.
This legislation would provide a comprehensive framework for regulating
the transportation and dumping of materials and forestalling pressures to
dispose of a vast new influx of wastes in the oceans, coastal waters and the
Great Lakes. Placing regulatory authority in the Environmental Protection
Agency should strengthen the refinement and implementation of a national
policy.
A detailed section-by-section analysis of the bill is enclosed.
The bill is part of the President's environmental program as announced
in his Environmental Message of February 8, 1971. It will be administered
by the Environmental Protection Agency and was developed in coordination
with the Council on Environmental Quality.
The Office of Management and Budget informs me that enactment of
this proposal is in accord with the program of the President.
Sincerely yours,
WILLIAM D. RUCKELSHAUS.
[p.166]
A BILL To regulate the dumping of material in the oceans, coastal, and
other waters and for other purposes.
Be it enacted by the Senate and the House of Representatives of
the United States of America in Congress assembled, That: This
Act may be cited as the "Marine Protection Act of 1971."
Section 2. Finding, policy, and purposes
(a) Unregulated dumping of material into the oceans, coastal,
and other waters endangers human health, welfare, and amenities,
and the marine environment, ecological systems, and economic
potentialities.
(b) Congress declares that it is the policy of the United States
to regulate the dumping of all types of material in the oceans,
coastal, and other waters and to prevent or vigorously limit the
dumping into the oceans, coastal, and other waters of any material
which could adversely affect human health, welfare, or amenities,
or the marine environment, ecological systems, or economic poten-
tialities. To this end, it is the purpose of this Act to regulate the
transportation of material from the United States for dumping
into the oceans, coastal, and other waters, and the dumping of
material by any person from any source if the dumping occurs in
waters over which the United States has jurisdiction.
Section 3. Definitions
For the purposes of this Act the term—
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2322 LEGAL COMPILATION—GENERAL
(a) "Administrator" means the Administrator of the Environ-
mental Protection Agency.
(b) "Oceans, coastal, and other waters" means oceans, gulfs,
bays, salt-water lagoons, salt-water harbors, other coastal waters
where the tide ebbs and flows, and the Great Lakes.
(c) "Material" means matter of any kind or description, includ-
ing, but not limited to, dredge spoil, solid waste, garbage, sewage
sludge, munitions, chemical, biological, and radiological warfare
agents, radioactive materials, wrecked or discarded equipment,
[p. 167]
rock, sand, cellar dirt, and industrial waste, provided, that it does
not mean oil within the meaning of section 11 of the Federal
Water Pollution Control Act or sewage from vessels within the
meaning of section 13 of said Act.
(d) "United States" includes the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the
territories and possessions of the United States and the Trust
Territory of the Pacific Islands.
(e) "Person" means any private person or entity, any employee,
agent, department, agency, or instrumentality of any State or
local unit of government, or foreign government, and, except as to
the provisions of section 6, any employee, agent, department,
agency, or instrumentality of the Federal Government.
(f) "Dumping" means a disposition of material, provided, that
it does not mean a disposition of any effluent from any outfall
structure, or a routine discharge of effluent incidental to the pro-
pulsion of vessels, and provided further, that it does not mean the
intentional placement of any device in the oceans, coastal, or other
waters or on the submerged land beneath such waters, for the
purpose of using such device there to produce an effect attributa-
ble to other than its mere physical presence.
(g) "District Court of the United States" includes the District
Court of Guam, the District Court of the Virgin Islands, the Dis-
trict Court of the Canal Zone, and in the case of American Samoa
and the Trust Territory of the Pacific Islands, the District Court
of the United States for the District of Hawaii, which court shall
have jurisdiction over actions arising therein.
Section 4. Prohibited acts
Except as such transportation or dumping or both may be au-
thorized in a permit issued by the Administrator.
(a) No person shall transport material from the United States.
-------
GUIDELINES AND REPORTS 2323
for the purpose of dumping it into the oceans, coastal, and other
waters, and
(b) No person shall dump material (1) in that part of the
[p. 168]
oceans, coastal, and other waters which is within the territorial
jurisdiction of the United States, or, (2) in a zone contiguous to
the territorial sea of the United States, extending to a line 12
nautical miles seaward from the base line of the territorial sea as
provided in Article 24 of the Convention on the Territorial Sea
and the Contiguous Zone, to the extent that it may affect the
territorial sea or the territory of the United States.
Section 5. Permits
(a) The Administrator may issue permits to transport material
for dumping into the oceans, coastal, and other waters, or to dump
material into the waters described in subsection 4 (b), or both,
where the applicant presents information respecting the proposed
activity which in the judgment of the Administrator indicates that
such transportation, or dumping, or both will not unreasonably
degrade or unreasonably endanger human health, welfare, or
amenities, or the marine environment, ecological systems, or eco-
nomic potentialities. The Administrator shall establish and apply
criteria for reviewing and evaluating such permit applications,
and, in establishing or revising such criteria, shall consider, but
not be limited in his consideration to, the following:
(1) the likely impact of the proposed dumping on human
health, welfare, and amenities, and on the marine environ-
ment, ecological systems, and economic potentialities, includ-
ing an assessment of—
(A) the possible persistence or permanence of the ef-
fects of the proposed dumping.
(B) the volume and concentration of materials in-
volved, and
(C) the location proposed for the dumping.
(2) alternative locations and methods of disposal, including
land-based alternatives; the probable impact of requiring the
use of such locations or methods of disposal on considerations
affecting the public interest; and the probable impact of issu-
ing or denying permits on considerations affecting the public
interest.
[p.169]
-------
2324 LEGAL COMPILATION—GENERAL
In establishing or revising such criteria, the Administrator shall
consult with the Secretaries of Commerce, Interior, State, De-
fense, Agriculture, Health, Education and Welfare, and Transpor-
tation, the Atomic Energy Commission, and other appropriate
Federal, State, and local officials. With respect to such criteria as
may affect the civil works program of the Department of the
Army, the Administrator shall also consult with the Secretary of
the Army. In reviewing applications for permits, the Administra-
tor shall make such provision for consultation with interested
Federal and State agencies as he deems useful or necessary. No
permit shall be issued for a dumping of material which will violate
applicable water quality standards.
(b) (1) The Administrator may establish and issue various cat-
egories of permits, including the general permits described in
subsection (e).
(2) The Administrator may require an applicant for a permit
under subsection (a) to provide such information as the Adminis-
trator may consider necessary to review and evaluate such an
application.
(c) Permits issued under subsection (a) may designate and
include (1) the type of material authorized to be transported for
dumping or to be dumped; (2) the amount of material authorized
to be transported for dumping or to be dumped; (3) the location
where such transport for dumping will be terminated or where
such dumping will occur; (4) the length of time for which the
permits are valid and their expiration date; and (5) such other
matters as the Administrator deems appropriate.
(d) The Administrator may prescribe such processing fees for
permits and such reporting requirements for actions taken pur-
suant to permits issued under subsection (a) as he deems appro-
priate.
(e) Notwithstanding any other provision of this Act, the Ad-
ministrator may issue general permits for the transportation for
dumping, or dumping, or both, of classes of materials which he
determines will have a minimal impact, considering the factors
stated in subsection (a).
(f) The Administrator may limit or deny the issuance of per-
[p. 170]
mits, or may alter or revoke partially or entirely the terms of
permits issued by him under this Act, for the transportation for
dumping, or the dumping, or both, of specified material, where he
finds that such material cannot be dumped consistently with the
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GUIDELINES AND REPORTS 2325
criteria established pursuant to subsection (a) . No action shall be
taken under this subsection unless the affected person or permittee
shall have been given notice and opportunity for hearing on such
action as proposed.
(g) The Administrator may, considering the criteria estab-
lished pursuant to subsection (a), designate recommended sites
for the dumping of specified materials.
(h) Nothing in this Act shall prohibit any transportation for
dumping or dumping of material where such transportation or
dumping is necessary, in an emergency, to safeguard human life.
Such transportation or dumping shall be reported to the Adminis-
trator within such times and under such conditions as he may
prescribe by regulation.
Section 6. Penalties
(a) A person who violates section 4 of this Act, or regulations
promulgated under this Act, or a permit issued under this Act by
the Administrator shall be liable to a civil penalty of not more
than $50,000 for each violation to be assessed by the Administra-
tor. No penalty shall be assessed until the person charged shall
have been given notice and an opportunity for a hearing on such
violation. Any such civil penalty may be compromised by the Ad-
ministrator. In determining the amount of the penalty, or the
amount agreed upon in compromise, the gravity of the violation
and the demonstrated good faith of the person charged in attempt-
ing to achieve rapid compliance after notification of a violation
shall be considered by said Administrator. Upon failure of the
offending party to pay the penalty, the Administrator may request
the Attorney General to commence an action in the appropriate
district court of the United States for such relief as may be appro-
priate.
(b) In addition to any action which may be brought under
subsection (a), a person who knowingly and willfully violates
[p.
section 4 of this Act, regulations promulgated under this Act, or a
permit issued under this Act by the Administrator shall be fined
not more than $50,000 or imprisoned for not more than one year,
or both.
(c) For the purpose of imposing civil penalties and criminal
fines under this section, each day of a continuing violation shall
constitute a separate offense.
(d) The Attorney General or his delegate may bring actions for
-------
2326 LEGAL COMPILATION—GENERAL
equitable relief to redress a violation by any person of this Act,
regulations promulgated under this Act, and permits issued under
this Act by the Administrator, and the district courts of the
United States shall have jurisdiction to grant such relief as the
equities of the case may require.
(e) A vessel, except a public vessel within the meaning of
subsection 13 (a) (3) of the Federal Water Pollution Control Act
or other public property of a similar nature, used in a violation
shall be liable in rem for any civil penalty assessed or criminal fine
imposed and may be proceeded against in any district court of the
United States having jurisdiction thereof, provided, that no vessel
shall be liable unless it shall appear that the owner was at the time
of the violation a consenting party or privy to such violation.
(f) If the provisions of any permit issued under subsection (a)
of section 5 are violated, the Administrator may revoke the permit
or may suspend the permit for a specified period of time. No
permit shall be revoked or suspended unless the permittee shall
have been given notice and opportunity for a hearing on such
violation and proposed suspension or revocation.
Section 7. Relationship to other laws
(a) After the effective date of this Act, all licenses, permits, or
authorizations which have been issued by any officer or employee
of the United States under authority of any other provision of law
shall be terminated and of no effect to the extent they authorize
any activity regulated by this Act. Thereafter, except as hereafter
provided, no license, permit, or authority shall be issued by any
[p. 172]
officer or employee of the United States other than the Adminis-
trator which would authorize any activity regulated by this Act or
the regulations issued hereunder.
(b) Nothing in this Act shall abrogate or negate any existing
responsibility or authority contained in the Atomic Energy Act of
1954, as amended, and section 4 and subsection 7 (a) of this Act
shall not apply to any activity regulated by that Act, provided, the
Atomic Energy Commission shall consult with the Administrator
prior to issuing a permit to conduct any activity which would
otherwise be regulated by this Act. In issuing any such permit, the
Atomic Energy Commission shall comply with standards set by
the Administrator respecting limits on radiation exposures or lev-
els, or concentrations or quantities of radioactive material. In
setting such standards for application to the oceans, coastal, and
-------
GUIDELINES AND REPORTS 2327
other waters, or for specific portions of such waters, the Adminis-
trator shall consider the policy expressed in subsection 2(b) of
this Act and the factors stated in subsections 5(a)(l) and
5 (a) (2) of this Act.
(c) (1) The provisions of subsection (a) shall not apply to
actions taken before or after the effective date of this Act under
the authority of the Rivers and Harbors Act of 1899.1
(2) Except as provided in subsection 11 (e), nothing in this
Act shall be construed as abrogating or negating any existing
responsibility or authority contained in the Rivers and Har-
bors Act of 1899, provided, that after the effective date of this
Act, no Federal license or permit shall be issued under the
authority of the Rivers and Harbors Act of 1899 to conduct
any activity otherwise regulated by section 4 of this Act and
the regulations issued hereunder, unless the Administrator
has certified that the activity proposed to be conducted is in
conformity with the provisions of this Act and with the regu-
lations issued hereunder.
(3) Where a license or permit to conduct an activity has
1 33 U.S.C. §401 et seq.
[p.173]
been granted under the authority of subsections (c) (1) and
(c) (2) of this section and of the Rivers and Harbors Act of
1899, no separate permit to conduct such activity shall be
required under this Act.
(d) Prior to issuing any permit under this Act, where it ap-
pears to the Administrator that the disposition of the material to
be transported for dumping may affect navigation in the navigable
waters of the United States or may create an artificial island on
the Outer Continental Shelf, the Administrator shall consult with
the Secretary of the Army and no permit shall be issued if the
Secretary of the Army determines that navigation will be unrea-
sonably impaired.
(e) Nothing in this Act shall be construed as preempting any
State, Federal Territory or Commonwealth, or subdivision thereof
from imposing any requirement or liability.
Section 8. Enforcement
(a) The Administrator may, whenever appropriate, utilize by
agreement, the personnel, services, and facilities of other Federal
departments, agencies, and instrumentalities, or State agencies or
instrumentalities, whether on a reimbursable or nonreimbursable
basis.
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2328 LEGAL COMPILATION—GENERAL
(b) The Administrator may delegate responsibility and author-
ity for reviewing and evaluating permit applications, including
the decision as to whether a permit will be issued, to an officer of
the Environmental Protection Agency, or he may delegate, by
agreement, such responsibility and authority to the heads of other
Federal departments or agencies, whether on a reimbursable or
nonreimbursable basis.
(c) The Secretary of the department in which the Coast Guard
is operating shall conduct surveillance and other appropriate en-
forcement activity to prevent unlawful transportation of material
for dumping or dumping.
Section 9. Regulations
In carrying out the responsibilities and authority conferred by
this Act, the Administrator is authorized to issue such regulations
as he may deem appropriate.
[p. 174]
Section 10. International cooperation
The Secretary of State, in consultation with the Administrator,
shall seek effective international action and cooperation to ensure
protection of the marine environment, and may for this purpose,
formulate, present, or support specific proposals in the United
Nations and other competent international organizations for the
development of appropriate international rules and regulations in
support of the policy of this Act.
Section 11. Repeal and supersession
(a) The second proviso to the last paragraph of section 20 of
the Act of March 3, 1899 (30 Stat. 1154), as amended,2 is re-
pealed.
(b) Sections 1, 2, 3, 4, 5, 6, and 7 of the Act of June 29, 1888
(25 Stat. 209), as amended,3 are repealed.
(c) Section 2 of the Act of August 5, 1886 (24 Stat. 329) ,4 is
repealed.
(d) To the extent that it authorizes action regulated by this
Act, section 4 of the Act of March 3, 1905 (33 Stat. 1147) ,5 is
superseded.
(e) Section 13 of the Rivers and Harbors Act of 1899 (30 Stat.
1152), as amended,6 is superseded insofar as it applies to dump-
ing, as denned in subsection 3 (f) of this Act, of material in the
waters covered by subsection 4 (b) of this Act.
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GUIDELINES AND REPORTS 2329
Section 12. Effective date and savings provision
(a) This Act shall take effect six months after its enactment.
(b) No legal action begun, or right of action accrued, prior to
the effective date of this Act shall be affected by any provision of
this Act.
Section 13. Authorization for appropriations
There is hereby authorized to be appropriated, out of any mon-
eys in the Treasury not otherwise appropriated, such sums as may
be necessary for the purposes and administration of this Act.
2 33 U.S.C. §418.
3 33 U.S.C. §§441-451b.
< 33 U.S.C. §407a.
6 33 U.S.C. §419.
«33 U.S.C. §407.
[p. 175]
SECTION-BY-SECTION ANALYSIS
The title of the proposed act is designated as the "Marine Pro-
tection Act of 1971."
Section 2, drawing on the report of the Council on Environmen-
tal Quality made public by the President October 7, 1970, makes a
finding by the Congress that unregulated dumping of material in
the oceans, coastal, and other waters endangers human health,
welfare, and amenities, and the marine environment, ecological
systems, and economic potentialities. It declares a federal policy of
regulating dumping of all types of material in the relevant waters
and of vigorously limiting the dumping of material which could
have an unfavorable effect.
Section 3 defines certain terms used in the proposal. Subsection
3 (a) defines the responsible official for implementation of the leg-
islation as the Administrator of the Environmental Protection
Agency (EPA). Subsection 3(b) provides that the proposal ap-
plies to the oceans, to gulfs, bays, and other similar salt waters,
other coastal areas where the tide ebbs and flows, and to the Great
Lakes.
Subsection 3 (c) defines material, the transportation for dump-
ing and dumping of which are regulated by the proposal, very
broadly as "matter of any kind or description", and then, for
illustrative purposes, but without limiting the comprehensive
scope of this initial definition, lists specific materials which are
included in the general definition. Oil and sewage from vessels,
discharges of which are covered by the Federal Water Pollution
Control Act, are excluded from the scope of this Act.
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2330 LEGAL COMPILATION—GENERAL
Subsection 3 (e) defines "person" in such a way that all Federal,
State, and foreign governmental organizations, employees, and
agents, along with private persons or entities, are included within
the prohibition on transportation for dumping or dumping con-
tained in Section 4. Federal organizations, employees, and agents,
however, are excepted from the definition of "person" insofar as
section 6, providing for penalties, is concerned. Thus, Federal
organizations, employees, and agents must comply with the permit
and standard-setting provisions of the Act, i.e., they would be
[p. 176]
required to obtain approval from the Administrator of EPA for
the transportation for dumping or the dumping of materials in the
relevant waters, but they are not liable for or subject to the
penalty provisions.
Subsection 3 (f) defines dumping for purposes of the Act as "a
disposition of material". Provisos make two important exceptions
to this general rule of applicability. The first proviso excepts from
the Act's coverage disposition of effluents from any outfall struc-
ture or routine discharges of effluents incidental to the propulsion
of vessels. Municipal sewage outfalls or industrial waste outfalls
come within this proviso. Discharges of effluents other than se-
wage from outfalls come within the purview of standards set
pursuant to the Federal Water Pollution Control Act and also will
be subject to the proposed permit program under the Refuse Act
(33 U.S.C. § 407). Municipal sewage outfalls also come under the
Federal Water Pollution Control Act's standards and also are af-
fected by that Act's assistance programs.
The second proviso could be called the "lobster-pot" proviso. It
excepts intentional placement of devices in the relevant waters or
on the submerged lands beneath those waters. Several federal
departments and agencies place testing, monitoring, sensing, or
surveillance devices on the ocean floor. Under this proviso, the
placement of such items or their transportation for placement is
not within the coverage of the proposal. Private activities simi-
larly not within the proposal would include placing into the ocean
and other pertinent waters lobster traps, off-shore drilling plat-
forms, pipelines, or cables. The latter portion of the proviso en-
sures that any excepted placement of devices does not include
placement of material to produce an effect attributable only to the
physical presence of the material in the ocean or other relevant
waters. Thus, if car bodies or other similar material were placed
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GUIDELINES AND REPORTS 2331
in the ocean to serve as a shelter for fish, the effect from placing
the car bodies would be attributable only to the physical presence
of the car bodies in the ocean, and the placement would constitute
a dumping for which a permit would be required under the Act.
Special note should also be made of the fact that "dumping" as
[p. 177]
defined in subsection 3 (f) would not include an activity which has
as its primary purpose a result other than "a disposition of mate-
rial" but which involves the incidental depositing of some debris
or other material in the relevant waters. For example, material
from missiles and debris from gun projectiles and bombs ulti-
mately come to rest in the protected waters. Such activities are
not covered by this Act.
Except where the Administrator has issued a permit for such
activity, subsection 4(a) of the proposal prohibits transportation
of material from the United States for the purpose of dumping it
in the oceans, coastal, and other waters. Similarly, except where a
permit has been granted, section 4(b) prohibits dumping of mate-
rial in that part of such waters which is within the territorial
jurisdiction of the United States, or in the Contiguous Zone of the
United States when the dumping affects the territorial sea or
territory of the United States.
Section 5 places authority to grant transportation and dumping
permits in the Administrator of EPA, provides standards for his
use in acting on permit applications, and governs the nature of
permits which may be issued.
Section 5 (a) allows issuance of a permit where the applicant
presents information which indicates that the transportation or
dumping or both will not unreasonably degrade or unreasonably
endanger human health, welfare, or amenities, or the marine envi-
ronment, ecological systems, or economic potentialities. The Ad-
ministrator is directed to establish and apply criteria for review-
ing and evaluating permit applications. In establishing or revising
the criteria, the Administrator is required to consider the likely
impact of the proposed dumping along with alternative locations
and methods of disposal, including those based on land, the proba-
ble impact of using such alternatives on considerations affecting
the public interest, and the probable impact of issuing or denying
permits on such considerations. In establishing or revising cri-
teria, the Administrator is directed to consult with the heads of
concerned departments and agencies.
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2332 LEGAL COMPILATION—GENERAL
Subsection 5(b) authorizes the Administrator to establish and
issue various categories of permits. If he deems such a step to be
[p. 178]
desirable, the Administrator could set different procedures for
handling applications in the various categories. Subsection (b) (2)
allows the Administrator to require applicants for permits to pro-
vide necessary information. The Administrator could require dif-
fering amounts and types of information according to category.
Subsections 5(c) and 5(d) set out the requirements which may
be incorporated into permits issued under the authority of subsec-
tion 5(a). They also allow the Administrator, as he deems appro-
priate, to state further requirements and actions, such as charges
for permits or reporting on actions taken under a permit.
Subsection 5 (e) authorizes the Administrator to grant general
permits for the transportation for dumping or dumping of quanti-
ties and types of materials which he determines will have a mini-
mal effect on the ocean. This provides flexibility to give general
permits for certain types of periodic or continuing activities
where the amounts dumped are minimal.
Subsection 5(f) authorizes the Administrator to limit or deny
the issuance of permits involving specified substances where he
finds that the substances cannot be dumped consistently with the
provisions of and criteria established under subsection 5(a). In
such cases the Administrator may also alter or revoke partially or
entirely the terms of existing permits.
Subsection 5(g) allows the Administrator to designate recom-
mended sites for dumping specified materials. This would give
guidance to applicants and facilitate the Administrator's imple-
mentation of the control programs.
Subsection 5 (h) establishes a very limited exemption from the
prohibition on transportation for dumping or dumping where no
permit has been granted. Such transportation or dumping is not
prohibited where it is necessary in an emergency to safeguard
human life. In such cases reports of the excepted emergency ac-
tions must be made to the Administrator.
Section 6 provides for penalties. Under subsection 6 (a) the
Administrator could assess a civil penalty recoverable in federal
district court, of up to $50,000 for each violation. Subsection 6(b)
establishes, in addition, criminal sanctions for knowing and willful
[p. 179]
violations. The court could assess a fine of up to $50,000 or order
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GUIDELINES AND REPORTS 2333
imprisonment for a period of up to one year, or both. For those
cases where violations are of a continuing nature, and for the
purpose of imposing civil penalties and criminal fines but not
imprisonment, subsection 6(c) makes each day of such a violation
a separate offense. Under the provisions of subsection 6(d), the
Attorney General is authorized to seek equitable relief to redress
violations. 6(e) subjects vessels used in violations to in rem liabil-
ity for any civil penalty assessed or criminal fine imposed. Public
vessels within the meaning of subsection 13 (a) (3) of the Federal
Water Pollution Control Act and other public property of a simi-
lar nature would not be subject to the remedy authorized by this
provision. Subsection 6(f) adds authority for the Administrator
to revoke or suspend a permit issued under subsection 6 (a) if the
permit's provisions have been violated.
Section 7 deals with the relationship of this legislation to other
laws. Generally, except as provided in subsections 7(b) and 7(c),
it provides that after the Act's effective date, existing licenses,
permits, or authorizations would be terminated to the extent they
authorize activity covered by this proposal, and that further licen-
ses, permits, or authorizations of a similar nature could not be
issued.
Subsection 7(b) maintains present responsibility and authority
contained in the Atomic Energy Act of 1954, and provides that the
provisions of Sections 4 and 7 (a) of this proposal do not apply to
actions taken under the Act. However, the AEC must consult
with the Administrator before issuing a permit to conduct any
activity otherwise regulated by this proposal. Moreover, the AEC
must comply with the radioactive-material standards set by the
Administrator, and the Administrator is directed to consider the
policy expressed in subsection 2(b) of this proposal along with the
factors stated in subsections 5 (a) (1) and 5 (a) (2) in setting such
standards for the waters covered by this proposal.
Subsection 7(c) relates to authorities contained in the Rivers
and Harbors Act of 1899, respecting dredging, filling, harbor
works, and maintenance of navigability. The powers are exercised
for the most part by the Secretary of the Army and the Chief of
[p. 180]
Engineers. Except for the limited supersession found in subsection
ll(e), the Rivers and Harbors Act authorities are not negated or
abrogated, nor are existing licenses or permits issued under the
Act terminated. Rather, in situations where this Act and the Act
of 1899 both apply to dumping of material in connection with a
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2334 LEGAL COMPILATION—GENERAL
dredge, fill or other permit issued by the Corps of Engineers,
issuance of the permit requires a certification by the Administra-
tor of EPA that the activity is in conformity with this proposal
and any regulations issued under it. The Administrator will not
issue separate permits in such cases.
After this Act becomes effective, the Department of the Army's
permit program under the Refuse Act, which is administered in
close cooperation with EPA on all water quality matters, will
continue to regulate the disposition of any effluent covered by the
Refuse Act from any outfall structure regardless of the waters
into which this disposition occurs, in addition to regulating all
depositing of material into other navigable waters of the United
States not covered by subsection 4 (b) of this Act.
Subsection 7(d) provides for consultation by the Administrator
of EPA with the Secretary of the Army in cases where the Ad-
ministrator finds that the proposed activity may affect navigation
or create an artificial island on the Outer Continental Shelf.
Subsection 7(e) saves State or local laws from being preempted
by this proposal.
Section 8 allows the Administrator to use, by agreement, re-
sources of other federal agencies, on either a reimbursable or
non-reimbursable basis. In subsection 8(b) the Administrator is
authorized to delegate responsibility for acting on permit applica-
tions to an officer of EPA or, by agreement, to the head of other
federal departments or agencies, such as the Commandant of the
Coast Guard. Subsection 8(c) directs that surveillance, and other
appropriate enforcement activity be conducted by the Secretary of
the department in which the Coast Guard is operating.
Section 9 gives the Administrator power to issue appropriate
regulations in carrying out the responsibilities and authority con-
ferred by the Act.
[p-181]
Section 10 directs the Secretary of State, in consultation with
the Administrator, to seek appropriate international action and
cooperation to support the policy of this proposal.
Subsections 11 (a) and 11 (b) repeal the Supervisory Harbors
Act of 1888, as amended (33 U.S.C. §§ 441-451b), and the provi-
sion of the Rivers and Harbors Act of 1899 (33 U.S.C. § 418)
which preserved the Supervisory Harbors Act from supersession
by the 1899 Act. The Supervisory Harbors Act provides a special
authority to control transit in and from the harbors of New York,
Baltimore, and Hampton Roads, Virginia. This authority has been
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GUIDELINES AND REPORTS 2335
used to regulate ocean dumping. The proposed Act would replace
that authority. A portion of the Act of August 5, 1886 (33 U.S.C.
§ 407a), which pertains to deposits of debris from mines and
stamp works, and which is covered by this bill or the Refuse Act,
is also repealed. A provision contained in the Rivers and Harbors
Act of 1905 (33 U.S.C. § 419), which has been used to buttress the
Corps of Engineers' authority to regulate ocean dumping, is su-
perseded, insofar as it authorizes action that would be regulated
by this proposal. Lastly, section 13 of the Rivers and Harbors Act
of 1899 (33 U.S.C. § 407), commonly known as the Refuse Act, is
superseded, but only insofar as it applies to dumping of material
in the waters covered by subsection 4 (b) of this proposal.
Section 12 provides that this proposal shall take effect six
months after its enactment and further saves from being affected
by this proposal legal actions begun or rights of action accrued
prior to the proposal's effective date.
Section 13 contains an authorization for appropriations to carry
out the purposes and administration of the proposal.
[p. 182]
ENVIRONMENTAL PROTECTION AGENCY,
Washington, D.C.
HON. SPIRO T. AGNEW,
President of the Senate,
Washington, D.C.
HON. CARL B. ALBERT,
Speaker of the House of Representatives,
Washington, D.C.
DEAR MR. [PRESIDENT/SPEAKER] : Enclosed is a draft of a proposed bill
"to control the generation and transmission of noise detrimental to the
human environment, and for other purposes."
The proposed legislation would expand and coordinate Federal efforts to
control noise, which presents a growing threat to the health and welfare
of the American people. Particularly in congested urban areas, the noise
produced by the products of our advancing technology, and in the manu-
facture of those products, causes continual annoyance and in some cases
serious physical harm. While the States and localities have the responsi-
bility to deal with many aspects of noise, effective Federal action is
essential with respect to major noise problems requiring national uniformity
of treatment.
The proposed bill would achieve three primary functions. First, it would
establish, in the Environmental Protection Agency, authority to coordinate
existing Federal noise research and control programs, and authority to
publish criteria and control-technology documents relating to noise. Second,
it would supplement existing Federal authority to regulate the noise
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2336 LEGAL COMPILATION—GENERAL
characteristics of articles that are major sources of noise, and authorize
Federal noise labeling requirements for such articles. Third, it would direct
all Federal agencies to administer their programs, consistent with existing
authority, in such a manner as to minimize noise.
A detailed section-by-section analysis of the bill is enclosed. A similar
[p. 184]
letter is being sent to the [President of the Senate/Speaker of the House].
The bill is part of the President's environmental program as announced
in his Environmental Message of February 8, 1971. It will be administered
by the Environmental Protection Agency and was developed in coordination
with the Council on Environmental Quality.
The Office of Management and Budget advises that enactment of this
bill would be in accord with the program of the President.
Sincerely yours,
WILLIAM B. RUCKELSHAUS.
[p. 185]
A BILL To control the generation and transmission of noise detrimental
to the human environment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That: This Act
may be cited as the "Noise Control Act of 1971."
Section 2. Findings and policy
(a) The Congress finds—
(1) that inadequately controlled noise presents a growing
danger to the health and welfare of the Nation's population,
particularly in urban areas;
(2) that the major sources of noise include transportation
vehicles and equipment, machinery, appliances, and other
manufactured articles that move in commerce; and
(3) that, while primary responsibility for control of noise
rests in many respects with the States and local governments,
Federal action is essential to deal with major noise problems
requiring national uniformity of treatment.
(b) The Congress declares that it is the policy of the United
States to promote an environment for all Americans free from
noise that jeopardizes their health or welfare. To that end, it is
the purpose of this Act to establish a means for effective coordina-
tion of Federal research and activities in noise control, to supple-
ment existing Federal authority for regulation of the noise char-
acteristics of articles moving in commerce, and to authorize Fed-
eral noise labeling requirements for such articles. Nothing in this
Act is intended to diminish the responsibilities of State and local
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GUIDELINES AND REPORTS 2337
governments to regulate other aspects of noise within their juris-
dictions.
Section 3. Definitions
As used in this Act the term—
(a) "Administrator" means the Administrator of the Environ-
mental Protection Agency;
(b) "person" means any private person or entity, any officer,
department, agency, or instrumentality of any State or local unit
of government, and, except with respect to the provisions of sec-
[p. 186]
tion 12 (a), any officer, department, agency, or instrumentality of
the Federal Government;
(c) "product" means any article or good manufactured for sale
in, or introduction into, commerce, including but not limited to
transportation vehicles and equipment, machinery, and appliances,
provided, that it does not include (i) aircraft, aircraft engines,
propellers, or appliances that are covered by Title VI of the Fed-
eral Aviation Act of 1958 (49 U.S.C. Sees. 1421-32), (ii) those
military aircraft, weapons, or equipment that are designed for
combat use; or (iii) those aircraft, rockets, or equipment that are
designed for research or experimental or developmental work to
be performed by the National Aeronautics and Space Administra-
tion, or other machinery or equipment designed for use in experi-
mental work done by or for the Federal Government;
(d) "ultimate purchaser" means the first person who in good
faith purchases a new product for purposes other than resale;
(e) "new product" means a product the equitable of legal title
to which has never been transferred to an ultimate purchaser;
(f) "manufacturer" means any person engaged in the manufac-
turing or assembling of new products or who acts for, and is
controlled by, any such person in connection with the distribution
of such products;
(g) "commerce" means trade, traffic, commerce, transportation,
or communication among the several States, or between a place in
a State and any place outside thereof, or within the District of
Columbia or a possession of the United States, or between points
in the same State but through a point outside thereof.
Section 4- Coordination and evaluation of federal programs
(a) The Administrator shall promote coordination of the pro-
grams of all Federal departments and agencies relating to noise
research and noise control. Each Federal department or agency
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2338 LEGAL COMPILATION—GENERAL
shall, upon request, furnish to the Administrator such information
as he may reasonably require to determine the nature, scope, and
[p. 187]
results of the noise-research and noise-control programs of the
department or agency.
(b) On the basis of regular consultation with appropriate Fed-
eral departments and agencies, the Administrator shall compile
and publish, from time to time, a report on the status and prog-
ress of Federal activities relating to noise research and noise
control. This report shall describe the noise programs of each
Federal department or agency and assess the contributions of
those programs to the Government's overall efforts to control
noise.
Section 5. Noise criteria and control technology
(a) The Administrator shall, after consultation with appropri-
ate Federal departments and agencies, develop and publish such
criteria for noise as in his judgment may be requisite for the
protection of the public health and welfare. Such criteria shall
reflect the scientific knowledge most useful in indicating the kind
and extent of all identifiable effects on the public health or welfare
which may be expected from differing quantities and qualities of
noise. The Administrator shall confer with the Secretaries of
Health, Education, and Welfare, and of Labor to assure consist-
ency between the criteria published under this subsection and the
criteria and standards for occupational noise exposure produced
under the Occupational Safety and Health Act of 1970.
(b) The Administrator shall, after publication of the initial
criteria pursuant to subsection (a) of this section and after con-
sultation with appropriate Federal departments and agencies,
compile and publish a report or series of reports identifying major
sources of noise and giving information on techniques for control
of noise from such sources. This information shall include such
data as are available on the technology, costs, and alternative
methods of noise control.
(c) The Administrator shall from time to time review and, as
appropriate, revise or supplement any criteria or information on
control techniques published pursuant to this section.
(d) The publication or revision of any criteria or information
en control techniques pursuant to this section shall be announced
in the Federal Register, and copies shall be made available to the
[p. 188]
general public.
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GUIDELINES AND REPORTS 2339
Section 6. Noise-generation standards
(a) If the Administrator, in a report published pursuant to
section 5, identifies as a major source of noise any product or class
of products of one or more of the following types :
(1) construction equipment,
(2) transportation equipment (including recreational vehi-
cles and related equipment), or
(3) equipment powered by internal combustion engines,
he may, after consultation to the extent desirable with appropriate
Federal departments and agencies, by regulation prescribe and
amend standards limiting the noise-generation characteristics (in-
cluding reasonable durability over the life of the product) of such
product or class of products. The standards so prescribed shall be
the standards that the Administrator determines, consistent with
criteria published pursuant to section 5, to be requisite to protect
the public health and welfare. In prescribing and amending such
standards the Administrator shall consider whether any proposed
standard is economically reasonable, technologically practicable,
and appropriate for the particular products to which it will apply,
and whether the particular products can more effectively be con-
trolled through Federal regulation of interstate commerce or
through State or local regulations. Provided, that no standards
prescribed under this section shall apply to products manufac-
tured on or before the effective date of such standards.
(b) The Administrator shall publish any standards proposed
under subsection (a) in the Federal Register at least 60 days
prior to the time when such standards will take effect. In addition
to submissions of written views, any person who will be adversely
affected by such proposed regulation may, within 45 days of the
date of publication of the proposed regulation, or within such
other time period as the Administrator may prescribe, file objec-
tions with the Administrator and request a public hearing. Re-
quests for a public hearing made by a manufacturer of a product
covered by the proposed standards shall be granted. Requests for a
public hearing by other persons may be granted at the discretion
[p. 189]
of the Administrator. If a public hearing is held, final regulations
will not be promulgated by the Administrator until after the con-
clusion of such hearing.
(c) Section 611 of the Federal Aviation Act of 1958 (49 U.S.C.
Sec. 1431) is amended as follows:
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2340 LEGAL COMPILATION—GENERAL
(1) In subsection (a), after "with the Secretary of Trans-
portation' 'insert "and subject to the approval of the Admin-
istrator of the Environmental Protection Agency".
(2) At the end of subsection (a), insert "Standards, rules,
and regulations prescribed and amended under this section
shall become effective only upon approval by the Administra-
tor of the Environmental Protection Agency; provided, that,
all standards, rules, and regulations prescribed pursuant to
this section prior to the effective date of the Noise Control
Act of 1971 shall remain in effect until amended or revoked
by subsequent standards, rules, or regulations prescribed and
approved pursuant to this section."
(3) After subsection (a), insert the following new subsec-
tions :
"(b) The Administrator of the Federal Aviation Ad-
ministration shall not issue a type certificate under sec-
tion 603 of this act for any aircraft, or for any aircraft
engine, propeller, or appliance that affects significantly
the noise or sonic boom characteristics of any aircraft,.
unless he shall have prescribed standards, rules, and reg-
ulations under this section that apply to such aircraft,
aircraft engine, propeller, or appliance.
" (c) If at any time the Administrator of the Environ-
mental Protection Agency has reason to believe that an
existing standard, rule, or regulation under this section
does not protect the public from aircraft noise or sonic
boom to the maximum extent that is consistent with the
consideration listed in subsection (d) of this section, he
may request the Administrator of the Federal Aviation
Administration to review and report to him on the advis-
ability of revising such standard, rule, or regulation. Any
such request shall be accompanied by a detailed state-
[p. 190]
ment of the information on which it is based."
(4) Subsections (b) and (c) are redesignated as (d) and
(e).
(d) No State or subdivision thereof shall adopt or enforce, with
respect to any product for which noise-generation standards have
been prescribed by the Administrator under subsection (a) of this
section, any standard limiting noise-generation characteristics dif-
ferent from the standards prescribed by the Administrator. Noth-
ing in this section shall diminish or enhance the rights of any
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GUIDELINES AND REPORTS 2341
State or subdivision thereof otherwise to control, regulate, or re-
strict the use, operation, or movement of such products.
Section 7. Labeling
(a) The Administrator may by regulation designate products or
classes thereof:
(1) that produce noise capable of adversely affecting the
public health or welfare; or
(2) that are sold wholly or in part on the basis of their
effectiveness in reducing noise.
(b) For each of such products or classes the Administrator
may, after consultation to the extent desirable with appropriate
Federal departments and agencies, by regulation require that a
notice of the actual level of noise generation, or notice of the
actual effectiveness in reducing noise, be affixed to the product and
to the outside of its container at the time of its sale to the ultimate
purchaser. He shall prescribe the form of the notice and the meth-
ods and units of measurement to be used for this purpose.
(c) Nothing in this section shall preclude or deny to any State
or subdivision thereof the right to regulate product labeling in any
way not in conflict with regulations promulgated by the Adminis-
trator under this section.
Section 8. Prohibited acts
(a) The following acts or the causing thereof are prohibited:
(1) in the case of a manufacturer of new products, the
sale, the offering for sale, or the introduction or delivery for
introduction into commerce of any product manufactured
after the effective date of regulations promulgated under sec-
tion 6 (a) (respecting noise-generation characteristics) that
are applicable to such product, unless it is in conformity with
[p.191]
such regulations (except as provided in subsection (b) of this
section) ;
(2) in the case of an owner or operator of a product, the
use in commerce of such product after the effective date of
regulations promulgated under section 6 (a) that are applica-
ble to such product, unless it is in conformity with such regu-
lations (except as provided in subsection (b) of this section) ;
(3) the removal or rendering inoperative by any person,
other than for purposes of maintenance, repair, or replace-
ment, of any device or element of design incorporated into
-------
2342 LEGAL COMPILATION—GENERAL
any product in compliance with regulations promulgated
under section 6(a), prior to its sale or delivery to the ulti-
mate purchaser or during its term of use.
(4) in the case of a manufacturer of new products, the
sale, the offering for sale, or the introduction or delivery for
introduction into commerce of any product manufactured
after the effective date of regulations promulgated under sec-
tion 7 (respecting noise labeling) that are applicable to such
product, unless it is in conformity with such regulations (ex-
cept as provided in subsection (b) of this section) ;
(5) the removal by any person of any notice affixed to a
product or container pursuant to regulations promulgated
under section 7, prior to sale of the product to the ultimate
purchaser;
(6) the importation into the United States by any person
of any product in violation of regulations promulgated under
section 13 that are applicable to such product; and
(7) the failure or refusal by any person to permit access to,
or copying of, records or to make reports or provide informa-
tion required under section 9.
(b) (1) The Administrator may exempt any product, or class
thereof, from paragraphs (1), (2), (4), and (6) of subsection
(a), upon such terms and conditions as he may find necessary to
protect the public health or welfare, for the purpose of research,
investigations, studies, demonstrations, or training, or for reasons
of national security.
[p.192]
(2) A product intended solely for export, and so labeled or
tagged on the outside of the container and on the product itself,
shall not be subject to paragraph (1), (2), or (4) of subsection
(a).
Section 9. Records, reports, and information
(a) Every manufacturer of a product for which applicable reg-
ulations have been promulgated under section 6 (a) or section 7
shall establish and maintain such records, make such reports, and
provide such information (which may include the availability of
products coming off the assembly line for testing by the Adminis-
trator) as the Administrator may reasonably require to enable
him to determine whether such manufacturer has acted or is act-
ing in compliance with this Act and shall, upon request of an
officer or employee duly designated by the Administrator, permit
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GUIDELINES AND REPORTS 2343
such officer or employee at reasonable times to have access to such
information and to copy such records.
(b) All information obtained by the Administrator or his repre-
sentatives pursuant to subsection (a) of this section, which infor-
mation contains or relates to a trade secret or other matter re-
ferred to in section 1905 of title 18 of the United States Code,
shall be considered confidential for the purpose of that section,
except that such information may be disclosed to other Federal
officers or employees, in whose possession it shall remain confiden-
tial, or when relevant in any proceeding under this Act.
(c) This section shall apply only to manufacturers in the United
States.
Section 10. Federal programs
The Congress authorizes and directs that all agencies of the
Federal Government shall, to the fullest extent consistent with
existing authority, administer the programs within their control
in such a manner as to further the policy declared in section 2
(b).
Section 11. Research, technical assistance, and public information
In furtherance of his responsibilities under this Act and to
complement, as necessary, the noise-research programs of other
Federal departments and agencies, the Administrator is author-
ized to:
(a) Conduct research, and finance research by contract with
[p.193]
other public and private bodies, on the effects, measurement, and
control of noise, including but not limited to:
(1) Investigation of the psychological and physiological ef-
fects of noise on humans and the effects of noise on domestic
animals, wildlife, and property, and determination of accepta-
ble levels of noise on the basis of such effects;
(2) Development of improved methods and standards for
measurement and monitoring of noise, in cooperation with
the National Bureau of Standards, Department of Commerce;
and
(3) Determination of the most effective and practicable
means of controlling noise generation, transmission, and re-
ception ;
(b) Provide technical assistance to State and local governments
to facilitate their development and enforcement of ambient noise
standards, including but not limited to:
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2344 LEGAL COMPILATION—GENERAL
(1) Advice on training1 of noise-control personnel and on
selection and operation of noise-abatement equipment; and
(2) Preparation of model State or local legislation for noise
control; and
(c) Disseminate to the public information on the effects of
noise, acceptable noise levels, and techniques for noise measure-
ment and control.
Section 12. Enforcement
(a) (1) Any person who violates section 8 (a) of this Act shall
be subject to a civil penalty of not more than $25,000 for each
violation, which may be assessed by the Administrator or by a
court in any action authorized by subsection (b) or (c) of this
section.
(2) In any proceeding by the Administrator to assess a
civil penalty under this subsection, no penalty shall be as-
sessed until the person charged shall have been given notice
and an opportunity for a hearing on such charge. In deter-
mining the amount of the penalty, or the amount agreed upon
in compromise, the Administrator shall consider the gravity
of the violation and the demonstrated good faith of the person
charged in attempting to achieve rapid compliance after noti-
fication by the Administrator of a violation. Upon failure of
[P- 194]
the offending party to pay any penalty assessed, the Adminis-
trator may request the Attorney General to commence an
action in the appropriate district court for appropriate relief.
(3) For the purpose of this subsection, the commission of
any act prohibited by paragraph (1), (2), (3), (4), (5), or
(6) of section 8 (a) shall constitute a separate violation for
each day or product involved.
(b) The district courts of the United States shall have jurisdic-
tion of actions brought by and in the name of the United States to
restrain violations of this Act or to enforce civil penalties author-
ized by this Act. Any civil action authorized to be brought by the
United States under this Act shall be referred to the Attorney
General for appropriate action.
(c) By agreement with any State, with or without reimburse-
ment, the Administrator may authorize law enforcement officers
or other personnel of such State to enforce the prohibitions of
section 8 (a) by bringing actions in the appropriate State courts.
When authorized by State law, the courts of such State may enter-
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GUIDELINES AND REPORTS 2345
tain actions brought by such officers or personnel to restrain viola-
tions of this Act or to enforce civil penalties authorized by this
Act. In any action under this subsection, any civil penalty imposed
shall be payable one-half to the State and one-half to the United
States Treasury.
Section 13. Imports
(a) Products offered for importation shall be subject to the
same general standards and labeling requirements that are applied
to like domestic products. The Administrator shall by regulation
prescribe the procedures by which this will be accomplished with a
minimum detrimental effect on domestic and international trade.
(b) The Secretary of the Treasury shall, in consultation with
the Administrator, issue regulations to carry out the provisions of
this Act with respect to products offered for importation.
Section 14. Appropriations
There are authorized to be appropriated to carry out this Act
for Fiscal Year 1972 and for each fiscal year thereafter such sums
as are necessary.
[p-195]
Section 15. Report of noise study
Section 402 (a) of the Clean Air Act is amended by deleting
everything before "a full and complete investigation" and insert-
ing in lieu thereof "The Administrator shall carry out".
[p. 196]
SECTION-BY-SECTION ANALYSIS
The title of the proposed act is designated as "The Noise Con-
trol Act of 1971."
Section 2 contains a statement of congressional findings and
policy. Subsection 2 (a) states findings that noise, particularly in
urban areas, presents a growing danger to the public health and
welfare; that the major sources of noise include a variety of
manufactured articles that move in commerce; and that the Fed-
eral Government bears a responsibility to deal with major noise
problems requiring national uniformity of treatment. Subsection
2 (b) declares a Federal policy to promote an environment for all
Americans free from noise that jeopardizes their health or wel-
fare. This subsection further states that the purpose of the pro-
posed act is to establish a means for effective coordination of
Federal noise programs, to supplement existing Federal authority
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2346 LEGAL COMPILATION—GENERAL
for regulation of the noise characteristics of articles moving in
commerce, and to authorize Federal noise labeling requirements
for such articles. The Act is not intended to relieve States and
localities of their responsibilities to control other aspects of noise
within their jurisdictions.
Section 3 defines certain terms used in the proposal. Subsection
3 (a) defines the official primarily responsible for implementing
the legislation as the Administrator of the Environmental Protec-
tion Agency (EPA). Subsection 3(b) defines "person" in such a
way that all Federal, State, or local governmental organizations,
employees, and agents, along with private persons or entities, are
included within the enforcement provisions of section 12. How-
ever, Federal organizations, employees, and agents are excepted
from the definition of "person" insofar as subsection 12(a), pro-
viding for civil penalties, is concerned. Thus, Federal organiza-
tions, employees, and agents must comply with the prohibitions of
section 8, but they are not liable for or subject to the civil penal-
ties authorized in subsection 12(a).
Subsection 3(c) defines "product" to include any article or good
manufactured for sale in, or introduction into, commerce with
three general exclusions. "Product" does not include aircraft or
[p. 197]
aircraft components that are covered by Title VI of the Federal
Aviation Act of 1958. The noise characteristics of these aircraft
and aircraft components are already subject to regulation under
that Act, which will continue in effect subject to the amendments
made by section 6 of the proposed legislation, discussed below.
"Product" also excludes any article that, although otherwise
within the broad definition, is designed for military combat use.
National security requires that the responsible authorities be free
to determine to what extent noise control objectives must be sub-
ordinated to military necessities in the use of such articles. There-
fore, they are excluded from the definition of "product" to exempt
them entirely from the standard-setting ard labeling provisions of
sections 6 and 7 without regard to the exercise by the Administra-
tor of his power under section 8(b) (1), discussed below, to grant
specific exemptions for national security reasons. The policy of the
proposed legislation will, however, dictate that all feasible steps be
taken to improve the noise characteristics of even these articles.
"Product" also excludes equipment designed for use in experimen-
tal work done by or for the National Aeronautics and Space Ad-
ministration or other agencies of the Federal Government.
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GUIDELINES AND REPORTS 2347
Subsection 3(d) defines "ultimate purchaser" to be the first
person who purchases a new product for a use other than resale.
This excludes both those intermediaries who may handle the prod-
uct before sale to the first user, and subsequent users who may
obtain the product second-hand. Subsection 3(e) defines "new
product" to mean a product the title to which has not yet been
transferred to an ultimate purchaser.
Subsection 3(f) defines "manufacturer" to include any person
who manufactures or assembles new products or who acts on
behalf of such a person in the distribution of new products. "Com-
merce" is defined in subsection 3(g) to include all forms of inter-
change involving two or more States, or a State and a place out-
side thereof or the District of Columbia or a possession of the
United States.
Section 4 entrusts to the Administrator of EPA the primary
[p. 198]
responsibility for promoting coordination of Federal programs
relating to noise. To assist him in exercising this responsibility,
subsection 4 (a) directs each other Federal agency to furnish him
with any information he may reasonably request about the agen-
cy's noise programs. Subsection 4(b) directs the Administrator,
on the basis of consultation with appropriate Federal agencies, to
publish a periodic report covering the noise-related activities of all
Federal agencies. It is intended that this report will provide a
means for assessing the overall progress of Federal noise control
efforts.
Section 5 gives the Administrator of EPA responsibility to de-
velop and publish basic documents on noise and its control.
Subsection 5 (a) directs him to develop criteria for noise, taking
into account up-to-date scientific knowledge on noise effects. These
criteria should make clear what quantities and qualities of noise
are consistent with protection of the public health and welfare
under differing circumstances. The Administrator is directed to
seek consistency between these criteria and the criteria and stand-
ards for occupational noise exposure produced by the Secretaries
of Health, Education, and Welfare and Labor under the Occupa-
tional Safety and Health Act of 1970.
Subsection 5(b) directs the Administrator, after initial publica-
tion of criteria under subsection 5(a), to publish one or more
reports identifying major sources of noise and discussing tech-
niques for controlling noise from such sources. It is not intended
that any single report published under subsection 5 (b) must cover
-------
2348 LEGAL COMPILATION—GENERAL
all or most major noise sources. Rather, as information becomes
available, the Administrator may publish individual reports iden-
tifying one or more major sources and outlining the noise control
technology applicable to each identified source. Subsection 5(c)
directs the Administrator to review and, when appropriate, revise
both the criteria and the control technology documents published
under section 5, to ensure that these reflect changes in available
knowledge. Subsection 5(d) requires announcement of each publi-
cation or revision of criteria or control technology documents in
the Federal Register and release of copies to the public. This
[p. 199]
provision is intended to ensure adequate public knowledge of the
content of these publications.
Subsection 6 (a) authorizes the Administrator of EPA to pre-
scribe noise standards for construction equipment, transportation
equipment, and equipment powered by internal combustion en-
gines that he has identified as a major source of noise and for
which he has discussed control technology in a report published
pursuant to section 5. When the Administrator determines to im-
pose standards, subsection 6 (a) requires that they be set at the
level required, in light of the published criteria, to protect health
and welfare, taking into account the feasibility of such a level of
control and the appropriateness of Federal regulation. Standards
under subsection 6 (a) shall not apply to products manufactured
on or before the effective date of the standards. Subsection 6(b)
alters the procedures under the Administrative Procedure Act by
granting a manufacturer the right to a public hearing on proposed
standards that would cover his products.
Subsection 6(c) amends section 611 of the Federal Aviation
Act, which authorizes regulation of the noise characteristics of
civil aircraft and aircraft components. Subsection 6(c) provides
that standards, rules, and regulations prescribed by the Federal
Aviation Administration under section 611 must be approved by
the Administrator of EPA, and that such standards, rules, and
regulations become effective only upon such approval. However,
subsection 6(c) contains a saving clause which allows all stand-
ards, rules, and regulations prescribed under section 611 prior to
the effective date of the proposed legislation to continue in effect
until superseded by new standards, rules, or regulations pre-
scribed in accordance with the proposed legislation.
Subsection 6(c) further provides that after the effective date of
the proposed act the Federal Aviation Administrator shall not
-------
GUIDELINES AND REPORTS 2349
issue a type certificate for any aircraft unless he has already
prescribed standards, rules, and regulations governing the noise
characteristics of that aircraft. This requirement also applies to
any aircraft engine, propeller, or appliance that affects signifi-
cantly the noise characteristics of any aircraft in which it is to be
used. This provision will ensure that in the future the noise char-
[p.200]
acteristics of any new aircraft or aircraft component will be as-
certained and controlled prior to its introduction into air com-
merce or air transportation.
Subsection 6(c) further provides that if the Administrator of
EPA has reason to believe that an existing standard, rule, or
regulation prescribed under 611 of the Federal Aviation Act inad-
equately protects the public from noise, he may request the Fed-
eral Aviation Administrator to review the standard, rule, or regu-
lation and report to him on the advisability of revising it. Any
such request must be accompanied by a detailed statement of the
reasons therefor. The Administrator of EPA may invoke this pro-
vision with respect to a standard, rule, or regulation prescribed
before or after the effective date of the proposed act.
Subsection 6(d) provides that when the Administrator of EPA
has prescribed standards for any product under subsection 6(a),
no State or subdivision thereof shall adopt or enforce noise stand-
ards for that product different from the standards set by him.
Nothing in section 6 preempts any existing powers of the States
or localities to set noise standards for products for which the
Administrator has not yet set standards under the proposed act, to
set State standards identical to standards set by the Administra-
tor for the same product, or to regulate the use, operation, or
movement of products.
Section 7 authorizes Federal noise labeling requirements for
products in commerce. Subsection 7 (a) authorizes the Adminis-
trator of EPA to designate classes of products that either produce
noise capable of adversely affecting the public health or welfare,
or are sold at least in part on the basis of their effectiveness in
reducing noise. These products need not be limited to those for
which noise standards have been set under section 6 or which have
been discussed in a control technology document under section 5.
Subsection 7(b) authorizes the Administrator to prescribe a
noise-generation or noise-reduction labeling requirement for any
product designated under subsection 7(a). To assure that such
-------
2350 LEGAL COMPILATION—GENERAL
notices are informative and useful in facilitating choices by buy-
ers in the marketplace, the Administrator is directed to prescribe
[p.201]
the form of the notice and the methods and units of measurement
used in its preparation. Subsection 7(c) leaves intact any existing
powers of the States to regulate product labeling, except that such
regulation may not conflict with regulations promulgated by the
Administrator under section 7.
Subsection 8 (a) prohibits a number of acts in violation of the
proposed legislation. Paragraph 8(a)(l) forbids any manufac-
turer to sell a product manufactured after the effective date of
noise-generation standards prescribed under subsection 6 (a) that
apply to the product, unless the product conforms with such stand-
ards. Paragraph 8 (a) (2) forbids any person who owns or oper-
ates a product to use it in commerce after the effective date of
noise-generation standards prescribed under subsection 6 (a) that
apply to it, unless the product conforms with such standards.
Paragraph 8(a) (3) forbids any person to remove or render inop-
erative, other than for maintenance, repair, or replacement, any
device or element of design incorporated into a product to make
the product comply with noise-generation standards prescribed
under subsection 6(a). This prescription applies both prior to sale
of the product to the ultimate purchaser and during its term of
use.
Paragraph 8 (a) (4) forbids any manufacturer to sell a product
manufactured after the effective date of labeling regulations pro-
mulgated under section 7 that apply to the product, unless the
product conforms to such regulations. Paragraph 8 (a) (5) forbids
any person, prior to sale of a product to the ultimate purchaser, to
remove a notice affixed to the product or its container pursuant to
regulations promulgated under section 7. Paragraph 8 (a) (6) for-
bids the importation into the United States of any products in
violation of regulations under section 13, discussed below, relating
to imports. Paragraph 8 (a) (7) forbids any person to fail to com-
ply with the provisions of section 9, discussed below, respecting
access to required records and reports.
Subsection 8(b) creates two exceptions to the prohibitions in
paragraphs 8(a) (1), (2), (4), and (6). First, the Administrator
is authorized to exempt any new product from those prohibitions,
upon such terms and conditions as he may find necessary to pro-
[p. 202]
-------
GUIDELINES AND REPORTS 2351
tect the public health or welfare, for the purpose of research,
investigations, studies, demonstrations, or training, or for reasons
of national security. Second, subsection 8(b) provides that a prod-
uct produced solely for export, and visibly labeled or tagged to
that effect, is exempted from the prohibitions of paragraphs
8(a)(l), (2) and (4).
Section 9 requires every manufacturer of a product covered by
noise regulation or labeling regulations under subsection 6 (a) or
section 7 to maintain such records, make such reports, and provide
such information as the Administrator may reasonably require to
enable him to determine whether the manufacturer has acted or is
acting- in compliance with the proposed act. This may include the
availability of products coming off the assembly line for testing by
the Administrator. The manufacturer shall, on request, permit a
representative of the Administrator to view and copy such rec-
ords. Any information obtained by the Administrator or his repre-
sentatives pursuant to section 9, if it contains or relates to a
matter referred to as confidential in section 1905 of title 18 of the
United States Code, shall be protected from disclosure as provided
in that section, except that it may be disclosed to other Federal
employees or when relevant in any proceeding under the proposed
act. Disclosure to other Federal employees or in a proceeding
under the proposed act will not terminate the confidential status of
the information.
Section 10 authorizes and directs all Federal agencies to admin-
ister the programs within their control in such a manner as to
further the policy of the proposed Act, to the fullest extent con-
sistent with the agencies' existing authority.
Section 11 authorizes the Administrator of EPA, in furtherance
of his responsibilities under the proposed act, to conduct and as-
sist noise research, to provide technical assistance to State and
local governments, and to disseminate to the public information on
noise. The enumeration in section 11 of particular activities
within these categories is not intended to exclude other activities
but only to stress the importance of those enumerated. However, it
is not intended that the activities of the Administrator under
[p.203]
section 11 will duplicate activities carried on in other agencies.
Section 12 provides for enforcement of the prohibitions in
subsection 8 (a) of the proposed act. Subsection 12 (a) establishes
a civil penalty of not more than $25,000 for each violation of
subsection 8(a), and provides for imposition of this fine either by
-------
2352 LEGAL COMPILATION—GENERAL
the Administrator or by a court in a proceeding authorized by
subsection 12 (b) or (c), discussed below. Subsection 12 (a) fur-
ther provides that in any administrative proceeding for imposition
of such a civil penalty by the Administrator the person charged
must be given notice and an opportunity for a hearing, and the
Administrator must, in determining the penalty or the amount
accepted in compromise, consider the gravity of the violation and
the efforts of the person charged to achieve rapid compliance after
notice of the violation. If the offending party fails to pay any
penalty assessed, the Administrator may request the Attorney
General to sue in the appropriate district court for appropriate
relief. For the purpose of imposing cumulative penalties, the com-
mission of any act prohibited by paragraph 8(a) (1), (2), (3),
(4), (5), or (6) will be a separate violation for each day or
product involved. For example, sale of 10 identical products in
violation of noise-generation or labeling regulations would consti-
tute 10 violations, punishable by a maximum cumulative fine of
$250,000.
Subsection 12 (b) gives jurisdiction to the Federal district
courts to entertain actions brought by and in the name of the
United States to restrain violations of the proposed act or to
enforce civil penalties authorized by it. This provision will allow
the Administrator of EPA, by recommending that the Attorney
General bring suit, to seek equitable relief or judicial imposition
of a civil penalty, or both, as an alternative to the administratively
imposed fine also authorized by section 12.
Section 12 (c) enables the Administrator to enlist the aid of
State or local governments in the enforcement of the proposed act.
While neither the executive nor the judicial bodies of any State
will be required to participate, they may do so where this is
authorized by State law and also by the Administrator of EPA in
an agreement with the appropriate State authorities. Under this
[p. 204]
provision the Administrator may authorize State personnel to sue
in State court both to restrain violations and to impose civil penal-
ties ; he may not authorize State personnel to impose fines admin-
istratively. Any civil penalty imposed under the proposed act by a
State court in a suit under subsection 12 (c) will be payable one-
half to the appropriate State authorities and one-half to the
United States Treasury.
Section 13 directs the Administrator and the Secretary of the
Treasury to issue regulations to apply to imports the same general
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GUIDELINES AND REPORTS 2353
standards and labeling requirements that are applied to like do-
mestic products.
Section 14 authorizes the appropriation for Fiscal Year 1972
and for each fiscal year thereafter such sums as are necessary to
carry out the proposed act.
Section 15 amends the Clean Air Act by deleting the require-
ment that there by an Office of Noise Abatement and Control in
the Environmental Protection Agency.
[p. 205]
[pp. 206-219 not directly involving EPA]
4.1b The President's 1972 Environmental Program, compiled by
the Council on Environmental Quality, March 1972, pp. 1-75, 223.
I. THE PRESIDENT'S MESSAGE ON THE ENVIRONMENT, FEBRUARY
8,1972.
[P. i]
To the Congress of the United States:
From the very first, the American spirit has been one of self-re-
liance and confident action. Always we have been a people to say
with Henley "I am the master of my fate . . . the captain of my
soul"—a people sure that man commands his own destiny. What
has dawned dramatically upon us in recent years, though, is a new
recognition that to a significant extent man commands as well the
very destiny of this planet where he lives, and the destiny of all
life upon it. We have even begun to see that these destinies are not
many and separate at all—that in fact they are indivisibly one.
This is the environmental awakening. It marks a new sensitiv-
ity of the American spirit and a new maturity of American public
life. It is working a revolution in values, as commitment to respon-
sible partnership with nature replaces cavalier assumptions that
we can play God with our surroundings and survive. It is leading
to broad reforms in action, as individuals, corporations, govern-
ment, and civic groups mobilize to conserve resources, to control
pollution, to anticipate and prevent emerging environmental prob-
lems, to manage the land more wisely, and to preserve wildness.
In messages to the Congress during 1970 and 1971 I proposed
comprehensive initiatives reflecting the earliest and most visible
concerns of the environmental awakening. The new cast of the
public mind had to be translated into new legislation. New in-
sights had to have new governmental forms and processes through
which to operate. Broadly-based problems—such as air pollution,
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2354 LEGAL COMPILATION—GENERAL
water pollution and pesticide hazards—had to be dealt with first.
The necessary first steps in each of these areas have now been
taken though in all of them the work is far from completed. Now,
as we press on with that work in 1972, we must also come to grips
with the basic factors which underlie our more obvious environ-
mental problems—factors like the use of land and the impact of
incentives or disincentives built into our economic system. We are
gaining an increasingly sophisticated understanding of the way
economic, institutional, and legal forces shape our surroundings
for good or ill; the next step is learning how to turn such forces to
environmental benefit.
Primary responsibility for the actions that are needed to protect
and enhance our environment rests with State and local govern-
ment, consumers, industry, and private organizations of various
kinds—but the Federal Government must provide leadership. On
the first day of this decade I stated that "it is literally now or
never" for true quality of life in America. Amid much encourag-
ing evidence that it can and will be "now," we must not slacken
our pace but accelerate it. Environmental concern must crystallize
into permanent patterns of thought and action. What began as
[p. 3]
environmental awakening must mature finally into a new and
higher environmental way of life. If we flag in our dedication and
will, the problems themselves will not go away. Toward keeping
the momentum of awareness and action, I pledge my full support
and that of this Administration, and I urgently solicit the continu-
ing cooperation of the Congress and the American people.
Two YEARS' AGENDA
From Consideration to Action
In my 1971 environmental message, just one year ago today, I
sent to the Congress a comprehensive program designed to clean
up the problems of the past, and to deal with emerging problems
before they become critical. These proposals included:
Regulation of toxic substances
Comprehensive improvement in pesticide control authority
Noise control
Preservation of historic buildings
Power plant siting
Regulation of environmental effects of surface and underground
mining
Ocean dumping regulation
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GUIDELINES AND REPORTS 2355
More effective control of water pollution through a greatly ex-
panded waste treatment grant program and strengthened stand-
ard-setting and enforcement authorities
A National Land Use Policy Act
Substantial expansion of the wilderness system
Expanded international cooperation
To date, most of the legislation on this list has been the subject
of congressional hearings; most of it has attracted heartening
interest and support; but none of it has yet received final congres-
sional action. Last year was, quite properly, a year of considera-
tion of these measures by the Congress. I urge, however, that this
be a year of action on all of them, so that we can move on from
intention to accomplishment in the important needs they address.
Passage of these measures and creation of the unified Department
of Natural Resources which I also proposed in 1971—by this 92nd
Congress—will be essential if we are to have an adequate base for
improving environmental quality.
Building on the Base
As that base is being established, we must move ahead to build
wisely and rapidly upon it. I shall outline today a plan for doing
that, with initiatives and actions in the following areas:
—Tightening pollution control
A Toxic Wastes Disposal Control Act
Legislation to control sediment from construction activities
An emissions charge to reduce sulfur oxide air pollution
Clean energy research and energy conservation measures
—Making technology an environmental ally
Integrated pest management
Stepped-up research on noise control
Stepped-up research on air pollution effects and measurement
—Improving land use
Expansion and strengthening of the National Land
Use Policy Act
Protection of wetlands
—Protecting our natural heritage
A ban on use of poisons for predator control on public lands
A stronger law to protect endangered species of wildlife
Big Cypress National Fresh Water Reserve
National Recreation Areas around New York Harbor and the
Golden Gate
Conversion of 20 additional Federal properties to recreational
use
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2356 LEGAL COMPILATION—GENERAL
18 new Wilderness Areas
Regulation of off-road vehicles on Federal lands
—Expanding international cooperation on the environment
Establishment of a United Nations Fund for the Environ-
ment
Further measures to control marine pollution
—Protecting children from lead-based paint
—Enlisting the young
President's Environmental Merit Awards Program for high
schools
Youth opportunities in the Department of Agriculture Field
Scout program.
TIGHTENING POLLUTION CONTROL
The legislative framework for dealing with our major air pollu-
tion problems has become law, and I have made comprehensive
recommendations regarding water pollution control. But several
problems remain to be addressed which are difficult to deal with
under the general pollution control authorities.
[P. 4]
DISPOSAL OF TOXIC WASTES
Increasingly strict air and water pollution control laws and
their more effective enforcement have led to greater reliance on
land—both surface and underground—for disposal of waste prod-
ucts from the toxic substances being used in ever greater volume
and variety in our society. Without adequate controls, such waste
disposal may cause contamination of underground and surface
waters leading to direct health hazards.
—I propose a Toxic Wastes Disposal Control Act, under which
the Environmental Protection Agency would establish Federal
guidelines and requirements for State programs to regulate dis-
posal on or under the land of those toxic wastes which pose a
hazard to health. The act would provide for Federal enforcement
action if a State should fail to establish its own program.
SEDIMENT CONTROL
Sediment, small particles of soil which enter the water, is the
most pervasive water pollution problem which does not come pri-
marily from municipal or industrial sources. Heavy loads of sedi-
ment interfere with many beneficial uses of water, such as swim-
ming and water supply, and can change the entire character of an
aquatic environment. Many of our great waterways are afflicted
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GUIDELINES AND REPORTS 2357
with this problem. In our urban areas, a significant amount of
sediment comes from construction. However, if proper construc-
tion practices are followed, sediment runoff from this source can
be greatly reduced.
—I propose legislation calVng upon the States to establish,
through appropriate local and regional agencies, regulatory pro-
grams to control sediment affecting ivater quality from earth-mov-
ing activities such as building and road construction.
The Environmental Protection Agency, together with other
Federal agencies, would develop Federal guidelines for appropri-
ate control measures. Federal enforcement would take place in
situations where a State failed to implement such a program.
SULFUR OXIDES EMISSIONS CHARGE
In my 1971 Environmental Message, I announced plans to ask
for imposition of a charge on sulfur oxides emissions, one of the
air pollutants most damaging to human health and property, and
vegetation. The Council on Environmental Quality, the Treasury
Department and the Environmental Protection Agency have now
completed their studies on this measure and have developed the
details of an emission charge proposal.
—/ propose a charge on sulfur emitted into the atmosphere
from combustion, refining, smelting, and other processes.
This charge would begin in 1976 and apply in all regions where
the air quality does not meet national standards for sulfur oxides
during 1975. The charge would be 150 per pound on sulfur emitted
in regions where the primary standards—-which are designed to be
protective of public health—have not been met within the deadline
for achievement prescribed in the Clean Air Act. In regions where
air quality met the primary standard but exceeded the secondary
national standard—designed to protect property, vegetation, and
aesthetic values—a charge of $.10 per pound of sulfur emitted
would apply. Areas which reduce emissions sufficiently to meet
both primary and secondary air quality standards would be ex-
empt from the emission charge.
This charge is an application of the principle that the costs of
pollution should be included in the price of the product. Combined
with our existing regulatory authority, it would constitute a
strong economic incentive to achieve the sulfur oxides standards
necessary to protect health, and then further to reduce emissions
to levels which protect welfare and aesthetics.
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2358 LEGAL COMPILATION—GENERAL
CLEAN ENERGY GENERATION AND CONSERVATION
Ours is an energy-based economy, and energy resources are the
basis for future economic progress. Yet the consumption of ener-
gy-producing fuels contributes to many of our most serious pollu-
tion problems. In order to have both environmental quality and an
improving standard of living we will need to develop new clean
energy sources and to lean to use energy more efficiently.
Our success in meeting energy needs while preventing adverse
environmental effects from energy generation and transmission
will depend heavily on the state of available technology. In my
message to the Congress on energy of last June, I announced a
series of steps to increase research on clean and efficient energy
production. But further action is needed.
—As part of my new commitment to augment Federal research
and development and target it more effectively on solving domestic
problems, I have requested in the 1973 budget an additional $88
million for development of a broad spectrum of new technologies
for producing clean energy.
In addition to carrying forward the priority efforts I have al-
ready announced—the liquid metal fast breeder reactor, pipeline
quality gas from coal, and sulfur oxide control technology—the
budget provides funds for new or increased efforts on fusion
power, solar energy, magnetohydrodynamics, industrial gas from
coal, dry cooling towers for power plant waste heat, large energy
storage batteries and advanced underground electric transmission
lines. These new efforts relate to both our immediate and our
future energy problems, and are needed to assure adequate sup-
plies of clean energy.
My message on energy also announced several steps that would
be taken by the Federal Government to use energy more efficiently
and with less environmental harm. One of these steps was issu-
ance by the Secretary of Housing and Urban Development of
revised standards for insulation in new federally insured houses.
The new standards for single-family structures, which have now
been issued through the Federal Housing Administration, reduce
[P. 5]
the maximum permissible heat loss by about one-third for a typi-
cal home. The fuel savings which will result from the application
of these new standards will, in an average climate, exceed in one
year the cost of the additional insulation required.
—/ am now directing the Secretary of Housing and Urban
Development to issue revised insulation standards for apartments
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GUIDELINES AND REPORTS 2359
and other multifamily structures not covered by the earlier revi-
sion. The new rules will cut maximum permissible heat loss by
40%.
The savings in fuel costs after a 5-year period will on the
average more than offset the additional construction costs occa-
sioned by these revised standards.
These stricter insulation standards are only one example of
administrative actions which can be taken by the Federal Govern-
ment to eliminate wasteful use of energy. The Federal Govern-
ment can and must provide leadership by finding and implement-
ing additional ways of reducing such waste.
—I have therefore instnicted the Council on Environmental
Quality and the Office of Science and Technology, working with
other Federal agencies, to conduct a survey to determine what
additional actions might be taken to conserve energy in Federal
activities.
This survey will look at innovative ways to reduce wasteful
consumption of energy while also reducing total costs and undesir-
able environmental impact.
RECYCLING
Recycling—the technique which treats many types of solid
wastes not as pollutants but as recoverable and reusable "re-
sources out of place"—is an important part of the answer to the
Nation's solid waste burden. Last year, at my direction, the Gen-
eral Services Administration began reorienting government pro-
curement policies to set a strong Federal example in the use of
recycled products.
—Because Federal tax policy should also offer recycling incen-
tives, the Treasury Department is clarifying the availability of tax
exempt treatment industrial revenue bond financing for the con-
struction of recycling facilities built by private concerns to recycle
their own wastes.
THE ENVIRONMENTAL TRANSITION
Many environmental problems are influenced by the way our
economy operates. Conversely, efforts to improve environmental
quality have an impact on the economy. Our national income ac-
counting does not explicitly recognize the cost of pollution dam-
ages to health, materials, and aesthetics in the computation of our
economic well-being. Many goods and services fail to bear the full
costs of the damages they cause from pollution, and hence are
underpriced.
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2360 LEGAL COMPILATION—GENERAL
Environmental quality requirements will affect many of our
industries by imposing new costs on production. We know that
these impacts fall unevenly on industries, new and old firms, and
on communities, but little concrete data has been available. Con-
tract studies have recently been performed for the Council on
Environmental Quality, the Environmental -Protection Agency,
and the Department of Commerce, under the policy guidance of
the Council of Economic Advisers. These initial studies suggest
that pollution control costs will result in some price increases,
competitive trade disadvantages, and employment shifts. The
major impact of these costs will be on older, and usually smaller
plants.
As long as we carefully set our environmental goals to assure
that the benefits we achieve are greater than the social and eco-
nomic costs, the changes which will occur in our economy are
desirable, and we as a nation will benefit from them.
MAKING TECHNOLOGY AN ENVIRONMENTAL ALLY
The time has come to increase the technological resources allo-
cated to the challenges of meeting high-priority domestic needs. In
my State of the Union Message last month, I announced an ex-
panded Federal research and development commitment for this
purpose. There is great potential for achievement through technol-
ogy in the fight against pollution and the larger drive for quality
in our environment.
The temptation to cast technology in the role of ecological vil-
lain must be resisted—for to do so is to deprive ourselves of a
vital tool available for enhancing environmental quality. As Peter
Drucker has said, "the environment is a problem of [the] success"
of technological society, by no means a proof of its failure. The
difficulties which some applications of technology have engendered
might indeed be rectified by turning our backs on the 20th century,
but only at a price in privation which we do not want to pay and
do not have to pay. There is no need to throw out the baby with
the bath water. Technology can and must be wisely applied so that
it becomes environmentally self-corrective. This is the standard
for which we must aim.
INTEGRATED PEST MANAGEMENT
Chemical pesticides are a familiar example of a technological
innovation which has provided important benefits to man but
which has also produced unintended and unanticipated harm. New
technologies of integrated pest management must be developed so
-------
GUIDELINES AND REPORTS 2361
that agricultural and forest productivity can be maintained to-
gether with, rather than at the expense of, environmental quality.
Integrated pest management means judicious use of selective
chemical pesticides in combination with nonchemical agents and
methods. It seeks to maximize reliance on such natural pest popu-
lation controls as predators, sterilization, and pest diseases. The
following actions are being taken:
—7 have directed the Department of Agriculture, the National
Science Foundation, and the Environmental Protection Agency to
launch a large-scale integrated pest management research and
[p. 6]
development program. This program will be conducted by a num-
ber of our leading universities.
—/ have directed the Department of Agriculture to increase
field testing of promising neiv methods of pest detection and con-
trol. Also, other existing Federal pesticide application programs
will be examined for the purpose of incorporating new pest man-
agement techniques.
—I have directed the Departments of Agriculture and of
Health, Education, and Welfare to encourage the development of
training and certification programs at appropriate academic insti-
tutions in order to provide the large number of crop protection
specialists that will be needed as integrated pest management
becomes more fully utilized.
—7 have authorized the Department of Agriculture to expand
its crop field scout demonstration program to cover nearly four
million acres under agricultural production by the upcoming
growing season.
Through this program many unnecessary pesticide applications
can be eliminated, since the scouts will be used to determine when
pesticide applications are actually needed.
In my message on the environment last February, I proposed a
comprehensive revision of our pesticide control laws—a revision
which still awaits final congressional action. Also essential to a
sound national pesticide policy are measures to ensure that agri-
cultural workers are protected from adverse exposures to these
chemicals.
—7 am directing the Departments of Labor and Health, Educa-
tion, and Welfare to develop standards under the Occupational
Safety and Health Act to protect such workers from pesticide
poisoning.
-------
2362 LEGAL COMPILATION—GENERAL
NOISE CONTROL RESEARCH
Scientific findings increasingly confirm what few urban dwellers
or industrial workers need to be told—that excessive noise can
constitute a significant threat to human well-being. The Congress
already has before it a comprehensive noise control bill, which I
proposed a year ago. A quieter environment cannot simply be
legislated into being. We shall also need to develop better methods
to achieve our goal.
—/ have requested in my 1973 budget a $23 million increase in
research and development funds for reducing noise from air-
planes. I have also requested new funds for research and develop-
ment for reducing street traffic noise.
RESEARCH ON AIR POLLUTION EFFECTS AND MEASUREMENT
Our pollution control efforts are based largely on the establish-
ment of enforceable standards of environmental quality. Initial
standards have often been based on incomplete knowledge because
the necessary information has not been available. Also, the lack of
adequate instruments to measure pollution and of models of how
pollutants are dispersed has made it difficult to know exactly how
much pollution must be controlled in a particular area. We need
added research and development to make more precise judgments
of what standards should be set and how we can most practically
achieve our goals.
—/ have requested in my 1973 budget an additional $12 million
to increase research on the health effects of air pollution, on re-
gional air pollution modeling, and on improved pollution instru-
mentation and measurement.
IMPROVING LAND USE
In recent years we have come to view our land as a limited and
irreplaceable resource. No longer do we imagine that there will
always be more of it over the horizon—more woodlands and shore-
lands and wetlands—if we neglect or overdevelop the land in view.
A new maturity is giving rise to a land ethic which recognizes
that improper land use affects the public interest and limits the
choices that we and our descendants will have.
Now we must equip our institutions to carry out the responsibil-
ity implicit in this new outlook. We must create the administrative
and regulatory mechanisms necessary to assure wise land use and
to stop haphazard, wasteful, or environmentally damaging devel-
opment. Some States are moving ahead on their own to develop
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GUIDELINES AND REPORTS 2363
stronger land-use institutions and controls. Federal programs can
and should reinforce this encouraging trend.
NATIONAL LAND USE POLICY ACT
The National Land Use Policy Act, which I proposed to the
Congress last year, would provide Federal assistance to encourage
the States, in cooperation with local governments, to protect lands
which are of critical environmental concern and to control major
development. While not yet enacted, this measure has been the
subject of much useful debate.
—I propose amendments to this pending National Land Use
Policy legislation which would require States to control the siting
of major transportation facilities, and impose sanctions on any
State which does not establish an adequate land use program.
Under these amendments, the State programs established pur-
suant to the act would not only have to embody methods for
controlling land use around key growth-inducing developments
such as highways, airports, and recreational facilities; the States
would also have to provide controls over the actual siting of the
major highways and airports themselves. The change recognizes
the fact that these initial siting decisions, once made, can often
trigger runaway growth and adverse environmental effects.
The amendments would further provide that any State that had
not established an acceptable land use program by 1975 would be
subject to annual reductions of certain Federal funds. Seven per-
cent of the funds allocated under sections of the Airport and
Airways Development Act, the Federal-Aid Highway Acts includ-
[p.V]
ing the Highway Trust Fund, and the Land and Water Conserva-
tion Fund, would be withheld in the first year. An additional 7
percent would be withheld for each additional year that a State
was without an approved land use program. Money thus withheld
from noncomplying States would be allocated among States which
did have acceptable programs.
These strong new amendments are necessary in view of the
significant effect that Federal programs, particularly transporta-
tion programs, have upon land use decisions.
PROTECTION OF WETLANDS
The Nation's coastal and estuarine wetlands are vital to the
survival of a wide variety of fish and wildlife; they have an
important function in controlling floods and tidal forces; and they
-------
2364 LEGAL COMPILATION—GENERAL
contain some of the most beautiful areas left on this continent.
These same lands, however, are often some of the most sought-
after for development. As a consequence, wetland acreage has
been declining as more and more areas are drained and filled for
residential, commercial, and industrial projects.
My National Land Use Policy Act would direct State attention
to these important areas by defining wetlands among the "environ-
mentally critical areas" which it singles out for special protection,
and by giving priority attention to the coastal zones. I propose to
supplement these safeguards with new economic disincentives to
further discourage unnecessary wetlands development.
—/ propose legislation to limit applicability of certain Federal
tax benefits when development occurs in coastal wetlands.
MANAGEMENT OF PUBLIC LANDS
During 1971, I acted to strengthen the environmental require-
ments relating to management and use of the Nation's vast
acreage of federally-owned public lands administered by the De-
partment of the Interior. I proposed new legislation to establish
an overall management policy for these public lands, something
which we have been without for far too long. This legislation, still
pending before the Congress, would direct the Secretary of the
Interior to manage our public lands in a manner that would pro-
tect their environmental quality for present and future genera-
tions. The policy which it would establish declares the retention of
the public lands to be in the national interest except where dis-
posal of particular tracts would lead to a significant improvement
in their management, or where the disposal would serve important
public objectives which cannot be achieved on non-public lands.
PROTECTING OUR NATURAL HERITAGE
Wild places and wild things constitute a treasure to be cher-
ished and protected for all time. The pleasure and refreshment
which they give man confirm their value to society. More impor-
tantly perhaps, the wonder, beauty, and elemental force in which
the least of them share suggest a higher right to exist—not
granted them by man and not his to take away. In environmental
policy as anywhere else we cannot deal in absolutes. Yet we can at
least give considerations like these more relative weight in the
seventies, and become a more civilized people in a healthier land
because of it.
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GUIDELINES AND REPORTS 2365
PREDATOR CONTROL
Americans today set high value on the preservation of wildlife.
The old notion that "the only good predator is a dead one" is no
longer acceptable as we understand that even the animals and
birds which sometimes prey on domesticated animals have their
own value in maintaining the balance of nature.
The widespread use of highly toxic poisons to kill coyotes and
other predatory animals and birds is a practice which has been a
source of increasing concern to the American public and to the
federal officials responsible for the public lands.
Last year the Council on Environmental Quality and the De-
partment of the Interior appointed an Advisory Committee on
Predator Control to study the entire question of predator and
related animal control activities. The Committee found that per-
sistent poisons have been applied to range and forest lands with-
out adequate knowledge of their effects on the ecology or their
utility in preventing losses to livestock. The large-scale use of
poisons for control of predators and field rodents has resulted in
unintended losses of other animals and in other harmful effects on
natural ecosystems. The Committee concluded that necessary con-
trol of coyotes and other predators can be accomplished by meth-
ods other than poisons.
Certainly, predators can represent a threat to sheep and some
other domesticated animals. But we must use more selective meth-
ods of control that will preserve ecological values while continuing
to protect livestock.
—I am today issuing an Executive Order barring the use of
poisons for predator control on all public lands. (Exceptions will
be made only for emergency situations.) I also propose legislation
to shift the emphasis of the current direct Federal predator con-
trol program to one of research and technical and financial assist-
ance to the States to help them control predator populations by
means other than poisons.
ENDANGERED SPECIES
It has only been in recent years that efforts have been under-
taken to list and protect those species of animals whose continued
existence is in jeopardy. Starting with our national symbol, the
bald eagle, we have expanded our concern over the extinction of
these animals to include the present list of over 100. We have
already found, however, that even the most recent act to protect
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2366 LEGAL COMPILATION—GENERAL
endangered species, which dates only from 1969, simply does not
provide the kind of management tools needed to act early enough
[P. 8]
to save a vanishing species. In particular, existing laws do not
generally allow the Federal Government to control shooting, trap-
ping, or other taking of endangered species.
—I propose legislation to provide for early identification and
protection of endangered species. My new proposal would make
the taking of endangered species a Federal offense for the first
time, and would permit protective measures to be undertaken be-
fore a species is so depleted that regeneration is difficult or impos-
sible.
MIGRATORY SPECIES
The protection of migratory species, besides preserving wildlife
values, exemplifies cooperative environmental effort among the
United States, Canada, and Mexico. By treaties entered into
among these three countries, migratory species are protected. New
species may be added by common agreement between the United
States and Mexico.
—7 have authorized the Secretary of State, in conjunction with
the Secretary of the Interior, to seek the agreement of the Mexi-
can Government to add 33 new families of birds to the protected
list.
Included in the proposal are eagles, hawks, falcons, owls, and
many of the most attractive species of wading birds. I am hopeful
that treaty protection can be accorded them in the near future.
BIG CYPRESS NATIONAL FRESH WATER RESERVE
After careful review of the environmental significance of the
Big Cypress Swamp in Florida, particularly of the need for water
from this source to maintain the unique ecology of Everglades
National Park, I directed the Secretary of the Interior to prepare
legislation to create the Big Cypress National Fresh Water Re-
serve. This legislation, which has now been submitted to the Con-
gress, will empower the Federal Government to acquire the requi-
site legal interest in 547,000 acres of Big Cypress.
NEW PARKLANDS AT THE GATEWAYS
The need to provide breathing space and recreational opportun-
ities in our major urban centers is a major concern of this Admin-
istration. Two of the Nation's major gateways to the world—New
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GUIDELINES AND REPORTS 2367
York City and San Francisco—have land nearby with exceptional
scenic and recreational potential, and we are moving to make that
land available for people to enjoy. In May of 1971, I proposed
legislation to authorize a Gateway National Recreation Area in
New York and New Jersey. This proposal would open to a metro-
politan region of more than 14 million people a National Recrea-
tion Area offering more than 23,000 acres of prime beaches, wild-
life preserves, and historical attractions including the nation's
oldest operating lighthouse.
On our western shore lies another area uniquely appropriate for
making recreational and scenic values more accessible to a metro-
politan community.
—I propose legislation to establish a Golden Gate National Rec-
reation Area in and around San Francisco Bay.
This proposal would encompass a number of existing parks,
military reservations, and private lands to provide a full range of
recreation experiences. Altogether, the area would encompass
some 24,000 acres of fine beaches, rugged coasts, and readily ac-
cessible urban parklands, extending approximately 30 miles along
some of America's most beautiful coastline north and south of
Golden Gate Bridge. Angel and Alcatraz Islands in the bay would
be within the boundaries of the National Recreation Area, as
would a number of properties on the mainland which afford mag-
nificent views of the city, the bay and the ocean. As part of this
plan, I am directing that the Presidio at San Francisco be opened
for dual military and civilian recreational uses.
CONVERTING FEDERAL PROPERTIES TO PARKS
Among the most important legacies that we can pass on to
future generations is an endowment of parklands and recreational
areas that will enrich leisure opportunities and make the beauties
of the earth and sea accessible to all Americans. This is the object
of our Legacy of Parks program, initiated early in 1971. As part
of this program, I directed the Property Review Board to give
priority to potential park and recreation areas in its search for
alternative uses of federally held real property. The results of this
search so far have been most encouraging. To the original 40
properties which I announced in my Environmental Message of
1971 as being well suited for park use, another 111 prospects have
been added. And from this total of 151 prospective parklands, 63
have already been made available.
—Today I am pleased to announce that 20 more parcels of
Federal land are being made available for park and recreation use.
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2368 LEGAL COMPILATION—GENERAL
These newest parcels, combined with those which have been
announced over the past year, provide a legacy of 83 parklands for
America which comprise 14,585 acres in 31 States and Puerto
Rico. The estimated fair market value of these properties is over
$56 million. In the months to come, every effort will be made to
extend this legacy to all 50 States. The green spaces and natural
retreats that we tend to take for granted will not be available for
future enjoyment unless we act now to develop and protect them.
WILDERNESS AREAS
One of the first environmental goals I set when I took office was
to stimulate the program to identify and recommend to the Con-
gress new wilderness areas. Although this program was behind
schedule at that time, I am now able to report that the September,
[p. 9]
1974 statutory deadline for reviews can and will be met.
The Wilderness Act of 1964 set aside 54 areas, consisting of
about 9.1 million acres, as the nucleus of our wilderness system.
Since then, 33 new areas totalling almost 1.2 million acres within
National Forests, National Parks, and National Wildlife Refuges
have been added to the system. Thirty-one areas totalling about
3.6 million acres, including 18 areas submitted by this Administra-
tion, have been proposed to the Congress but have yet to be acted
upon. One of the most significant elements of this process has been
the active participation by the public in all of its phases. At public
wilderness hearings held all across the country, fair consideration
has been given to all interests and points of view, with construc-
tive citizen involvement in the decision-making process.
—I am today proposing 18 new wilderness areas which, when
approved, will add another 1.3 million acres to the wilderness
system.
Eight of these proposals are within the National Forests, four
are within National Park areas, and six are in National Wildlife
Refuges.
Of these areas, 1.2 million acres would be in the following Na-
tional Forests: Blue Range National Forest, Arizona and New
Mexico; Agua Tibia and Emigrant National Forests, California;
Eagles Nest and Weminuche National Forests, Colorado; Mission
Mountains National Forest, Montana; Aldo Leopold National For-
est, New Mexico; and Glacier National Forest, Wyoming.
A total of 40,000 acres would be in our National Park system in
the following locations: Black Canyon of the Gunnison National
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GUIDELINES AND REPORTS 2369
Monument, Colorado; Bryce Canyon National Park, Utah; Chiri-
cahua National Monument, Arizona; Colorado National Monu-
ment, Colorado.
Finally, a total of 87,000 acres would be in areas administered
by the Fish and Wildlife Services of the Department of the Inte-
rior in the following locations: St. Marks, National Wildlife Re-
fuge, Florida; Wolf Island, National Wildlife Refuge, Georgia;
Moosehorn National Wildlife Refuge, Maine; San Juan Islands,
National Wildlife Refuge, Washington; Cape Romain, National
Wildlife Refuge, South Carolina; and Bosque del Apache, National
Wildlife Refuge, New Mexico.
The year 1972 can bring some of the greatest accomplishment in
wilderness preservation since passage of the Wilderness Act in
1964.1 urge prompt and systematic consideration by the Congress
of these 18 new proposals and of the 31 currently pending before
it. Approval of all 49 additions would bring the system up to a
total of over 15 million acres.
Unfortunately, few of these wilderness areas are within easy
access of the most populous areas of the United States. The major
purpose of my Legacy of Parks program is to bring recreation
opportunities closer to the people, and while wilderness is only one
such opportunity, it is a very important one. A few of the areas
proposed today or previously are in the eastern sections of the
country, but the great majority of wilderness areas are found in
the West. This of course is where most of our pristine wild areas
are. But a greater effort can still be made to see that wilderness
recreation values are preserved to the maximum extent possible,
in the regions where most of our people live.
—/ am therefore directing the Secretaries of Agriculture and
the Interior to accelerate the identification of areas in the Eastern
United States having wilderness potential.
OFF-ROAD VEHICLES
A recent study by the Department of the Interior estimated that
Americans own more than 5 million off-road recreational vehicles
—motorcycles, minibikes, trail bikes, snowmobiles, dune-buggies,
all-terrain vehicles, and others. The use of these vehicles is dra-
matically on the increase: data show a three-fold growth between
1967 and 1971 alone.
As the number of off-road vehicles has increased, so has their
use on public lands. Too often the land has suffered as a result.
Increasingly, Federal recreational lands have become the focus of
conflict between the newer motorized recreationist and the tradi-
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2370 LEGAL COMPILATION—GENERAL
tional hiker, camper, and horseback rider. In the past, Federal
land-management agencies have used widely varying approaches
to dealing with this conflict. The time has come for a unified
Federal policy toward use of off-road vehicles on Federal lands.
—/ have today signed an Executive Order directing the Secre-
taries of Agriculture, Interior, Army and the Board of Directors
of the Tennessee Valley Authority to develop regulations provid-
ing for control over the use of off-road vehicles on Federal lands.
They will designate areas of use and non-use, specify operating
conditions that will be necessary to minimize damage to the natu-
ral resources of the Federal lands, and ensure compatibility with
other recreational uses, taking into account noise and other fac-
tors.
EXPANDING INTERNATIONAL COOPERATION ON THE ENVIRONMENT
We are now growing accustomed to the view of our planet as
seen from space—a blue and brown disk shrouded in white
patches of clouds. But we do not ponder often enough the striking
lesson it teaches about the global reach of environmental impera-
tives. No matter what else divides men and nations, this perspec-
tive should unite them. We must work harder to foster such world
environmental consciousness and shared purpose.
UNITED NATIONS CONFERENCE ON THE HUMAN ENVIRONMENT
To cope with environmental questions that are truly interna-
tional, we and other nations look to the first world conference of
governments ever convened on this subject: the United Nations
[P. 10]
Conference on the Human Environment, to be held in Stockholm,
Sweden, in June of this year. This should be a seminal event of the
international community's attempt to cope with these serious,
shared problems of global concern that transcend political differ-
ences.
But efforts to improve the global environment cannot go for-
ward without the means to act.
—To help provide such means, I propose that a voluntary
United Nations Fund for the Environment be established, with an
initial funding goal of $100 million for the first 5 years.
This Fund would help to stimulate international cooperation on
environmental problems by supporting a centralized coordination
point for United Nations activities in this field. It would also help
to bring new resources to bear on the increasing number of world-
-------
GUIDELINES AND REPORTS 2371
wide problems through activities such as monitoring and cleanup
of the oceans and atmosphere.
—// such a Fund is established, I will recommend to the Con-
gress that the United States commit itself to provide its fair share
of the Fund on a matching basis over the first 5 years.
This level of support would provide start-up assistance under
mutually agreed-upon terms. As these programs get underway, it
may well be that the member nations will decide that additional
resources are required. I invite other nations to join with us in
this commitment to meaningful action.
CONTROL OF MARINE POLLUTION
Ocean pollution is clearly one of our major international envi-
ronmental problems. I am gratified that in the past year the Con-
gress has taken several steps to reduce the risks of oil spills on the
high seas. However, further congressional action is needed to rat-
ify several pending international conventions and to adopt imple-
menting legislation for the various oil-spill conventions which
have been ratified or which are awaiting approval.
Action on these recommendations will complete the first round
of international conventions to deal with marine pollution. We
have taken initiatives in three international forums to develop a
second and more sophisticated round of agreements in this area.
We are preparing for a 1973 Intergovernmental Maritime Con-
sultative Organization (IMCO) Conference to draft a convention
barring intentional discharges to the sea of oil and hazardous
substances from ships. In conjunction with the Law of the Sea
Conference scheduled for 1973, we are examining measures to
control the effects of developing undersea resources. And, in the
preparatory work for the 1972 U.N. Conference on the Human
Environment, progress has been made on an agreement to regu-
late the ocean dumping of shore-generated wastes, and further
work in this area has been scheduled by IMCO. We hope to con-
clude conventions in each of these areas by 1973.
PROTECTING CHILDREN FROM LEAD-BASED PAINT
To many Americans, "environment" means the city streets
where they live and work. It is here that a localized but acutely
dangerous type of "pollution" has appeared and stirred mounting
public concern.
The victims are children: the hazard is lead-based paint. Such
paint was applied to the walls of most dwellings prior to the
1950's. When the paint chips and peels from the walls in dilapi-
-------
2372 LEGAL COMPILATION—GENERAL
dated housing, it is frequently eaten by small children. This some-
times results in lead poisoning which can cause permanent mental
retardation and occasionally death. We can and must prevent un-
necessary loss of life and health from this hazard, which particu-
larly afflicts the poorest segments of our population.
To help meet the lead-paint threat, the Department of Health,
Education, and Welfare will administer grants and technical as-
sistance to initiate programs in over 50 communities to test chil-
dren in high-risk areas for lead concentrations. In addition, these
programs will support the development of community organiza-
tion and public education to increase public awareness of this
hazard. Other Federal agencies are also active in the effort to
combat lead-based paint poisoning. ACTION and other volunteers
will assist city governments to help alleviate lead paint hazards.
The Department of Housing and Urban Development is engaged
in research and other actions to detect and eliminate this hazard.
The resources of the private sector should also be utilized
through local laws requiring owners of housing wherever possible
to control lead paint hazards.
ENLISTING THE YOUNG
The starting point of environmental quality is in the hearts and
minds of the people. Unless the people have a deep commitment to
the new values and a clear understanding of the new problems, all
our laws and programs and spending will avail little. The young,
quick to commit and used to learning, are gaining the changed
outlook fastest of all. Their enthusiasm about the environment
spreads with a healthy contagion: their energy in its behalf can be
an impressive force for good.
Four youth participation programs of mutual benefit to the
young and the Nation are now planned or underway:
Last October, I initiated the Environmental Merit Awards Pro-
gram. This program, directed by the Environmental Protection
Agency in cooperation with the U.S. Office of Education, awards
national recognition to successful student projects leading to envi-
ronmental understanding or improvement. Qualifications for the
awards are determined by a local board consisting of secondary
school students, faculty, and representatives of the local commu-
nity. Already more than 2,000 high schools, representing all fifty
States, have registered in the program.
The Department of Agriculture's expanded field scout demon-
stration program, designed to permit more effective pest control
[P.ii]
-------
GUIDELINES AND REPORTS 2373
with less reliance on chemical pesticides, will employ thousands of
high school and college students. These young people will be scout-
ing cotton and tobacco pests in the coming growing season, and
the program will be expanded to other crops in future years.
The Environmental Protection Agency has recently initiated in
its Seattle regional office a pilot program using young people to
assist the agency in many of its important tasks, including moni-
toring. EPA is working with State and local pollution control
agencies to identify monitoring needs. ACTION and the youth
training programs are providing the manpower. If this initial
program proves successful, the concept will be expanded.
ACTION volunteers and young people employed through the
Neighborhood Youth Corps, Job Corps, and college work-study
programs will work with city governments to help alleviate lead
paint hazards, gaining experience in community health work as
they give urgently needed aid to inner-city families.
Young people working on environmental projects, learning the
skills necessary for a particular job, must also understand how
their work relates to the environmental process as a whole. Thus,
all of these activities must be supplemented by continued improve-
ment in many aspects of environmental education to help all of
our citizens, both young and old, develop a better awareness of
man's relation to his environment. In my first Environmental
Quality Report, I stressed the importance of improving the Na-
tion's "environmental literacy." This goal remains as important as
ever, and our progress toward it must continue.
ONE DESTINY
Our destiny is one: this the environmental awakening has
taught America in these first years of the seventies. Let us never
forget, though, that it is not a destiny of fear, but of promise. As I
stated last August in transmitting the Second Annual Report of
the Council on Environmental Quality: "The work of environmen-
tal improvement is a task for all our people . . . The achievement
of that goal will challenge the creativity of our science and tech-
nology, the enterprise and adaptability of our industry, the re-
sponsiveness and sense of balance of our political and legal institu-
tions, and the resourcefulness and the capacity of this country to
honor those human values upon which the quality of our national
life must ultimately depend." We shall rise to the challenge of
solving our environmental problems by enlisting the creative en-
ergy of all of our citizens in a cause truly worthy of the best that
each can bring to it.
-------
2374
LEGAL COMPILATION—GENERAL
While we share our environmental problems with all the people
of the world, our industrial might, which has made us the leader
among nations in terms of material well-being, also gives us the
responsibility of dealing with environmental problems first among
the nations. We can be proud that our solutions and our perform-
ance will become the measure for others climbing the ladder of
aspirations and difficulties; we can set our sights on a standard
that will lift their expectations of what man can do.
The pursuit of environmental quality will require courage and
patience. Problems that have been building over many years will
not yield to facile solutions. But I do not doubt that Americans
have the wit and the will to win—to fulfill our brightest vision of
what the future can be.
RICHARD NIXON
The White House
February 8,1972
II. THE PRESIDENT'S PROPOSALS
Toxic WASTE DISPOSAL AND SEDIMENT CONTROL
[P. 12]
[p. 13]
[p. 15]
HON. SPIRO T. AGNEW,
President of the Senate,
Washington, D.C.
HON. CARL B. ALBERT,
Speaker of the House of
Representatives,
Washington, D.C.
DEAR MR. [PRESIDENT/SPEAKER] :
In accordance with the President's
1972 Message to the Congress on the
Environment, there is transmitted
herewith a proposed bill containing
The Sediment Control Act and The
Toxic Waste Disposal Control Act,
to be added as Title II and III of the
Federal Water Pollution Control Act.
They are being1 submitted together as
the Federal Water Pollution Control
Act Amendments of 1972. The pro-
ENVIRONMENTAL PROTECTION AGENCY,
Washington, D.C., February 8, 1972.
posed new Titles II and III are in-
tended to strengthen the Act in areas
we believe are inadequately covered
under both the existing legislation
and the extensive amendments of that
legislation now pending before the
Congress.
The proposed Title II, The Sedi-
ment Control Act, would supplement
both the Federal Water Pollution
Control Act, which does not deal
specifically with sedimentation as a
water quality problem although sedi-
ment is the major pollutant of waters
by volume, and various authorities
of the Department of Agriculture for
technical and financial assistance to
control sedimentation. The Act would
provide for controls over non-agri-
-------
GUIDELINES AND REPORTS
2375
cultural land-disturbing activities, pri-
marily building and road construction
activities. The concentration of such
activities in urban-suburban areas
and their substantial per-acre yield
of sediment often lead to particularly
severe water quality problems.
The Act calls upon States to imple-
ment a regulatory program, including
permits where appropriate, with re-
spect to sedimentation arising from
such land-disturbing activities in
areas where they significantly affect
water quality. Mining activities, sedi-
mentation from which would be regu-
lated under the President's proposed
Mined Area Protection Act of 1971,
are excluded from the Act, along with
agricultural and silvicultural activi-
[p-17]
ties. Federal guidelines for State pro-
grams would be promulgated by the
Environmental Protection Agency in
consultation with the Secretaries of
Housing and Urban Development,
Agriculture, and Transportation, with
other appropriate Federal agencies
and with representatives of State and
local governments. States would be
given flexibility in assigning, pre-
sumably to counties or other local
governmental units in most cases, the
responsibility for administering the
permit and general regulatory pro-
gram. The bill encourages the use of
existing regulatory mechanisms, such
as building and grading permits, for
providing the required sedimentation
controls. Local components of the
State's program would be subject to
approval by the State water quality
agency. Relevant Federal permit and
a?sistance programs would be used
to assist States in achieving compli-
ance with approved programs. The
Environmental Protection Agency
would be authorized to promulgate
appropriate regulations for applica-
tion in States failing to implement
approved programs and would be
empowered to enforce State regula-
tions where a State fails to do so.
The proposed Title III, The Toxic
Waste Disposal Control Act, would
provide for a nationwide program to
regulate land and underground dis-
posal of wastes toxic to human health.
As controls over disposal of toxic
substances directly into surface
waters are strengthened, the use of
land or underground strata for such
disposal can be expected to increase
significantly, particularly with the
enactment of needed controls over
ocean disposal, which the President
has proposed.
The program would be administered
by the States except in cases of State
failure to meet guidelines of the
Environmental Protection Agency, in
which event the Agency would issue
necessary regulations. The proposed
program would substitute for the
present inadequate system of State
regulation a more orderly, nationwide
system that would retain the best in
on-going State programs under Fed-
eral guidelines.
[p. 18]
Both the sediment and toxic waste
disposal control provisions would sub-
stantially enhance the effectiveness of
the Federal-State water pollution con-
trol program by providing a struc-
tured approach to two significant
types of pollution. In addition, the
toxic waste disposal control pro-
visions would help to provide the
controls over ground water contami-
nation which the President recom-
mended a year ago.
Although the proposed "Federal
Water Pollution Control Act Amend-
ments of 1972" are being recom-
mended as amendments to the present
law, we are of course aware of the
extensive amendments to the law
already pending in the Congress.
Indeed, references in our bills to the
Federal Water Pollution Control Act
anticipate such widely agreed-upon
-------
2376
LEGAL COMPILATION—GENERAL
and expected reforms of the Act as
provision for effluent limitations,
special standards for toxic pollutants,
and strengthened Federal enforce-
ment authority that is not limited to
interstate pollution.
I would point out that S. 2770,
which has passed the Senate, con-
tains some general provisions for con-
trols over construction-related sources
of water pollution and for disposal of
pollutants on or under the land. How-
ever, we believe that the more specific
provisions contained in our proposed
amendments would establish a more
effective framework for action.
A similar letter is being sent to the
[President of the Senate/Speaker of
the House].
The Office of Management and
Budget advises that enactment of this
proposed legislation would be in
accord with the program of the
President.
Sincerely,
WILLIAM D. RUCKELSHAUS,
Administrator.
[p. 19]
THE FEDERAL WATER POLLUTION CONTROL ACT
AMENDMENTS OP 1972
A BILL To amend the Federal Water Pollution Control Act, as amended,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States in Congress assembled, That this Act may be cited
as the Federal Water Pollution Control Act Amendments of 1972.
Section 1.
The Federal Water Pollution Control Act is amended by insert-
ing before Section 1 of such Act the following: "Title I-Water
Pollution Prevention and Control.
Section 2.
Such Act is further amended by adding after the aforesaid Title
I, i.e., after Section 27 of such Act, the following new Title:
"TITLE n—THE SEDIMENT CONTROL ACT
"Section 201. Purpose
"It is the purpose of this Title to reduce sedimentation from
land-disturbing activities consistent with applicable water quality
standards.
"Section 202. Definitions
"For the purposes of this Title—
" (a) the term "Administrator" means the Administrator of the
Environmental Protection Agency;
"(b) the term "State" means a State of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico;
-------
GUIDELINES AND REPORTS 2377
"(c) the term "sedimentation" means the movement of soil,
rock, and mineral or other related or similar matter, or particles
thereof, into waters subject to the standard-setting and enforce-
ment provisions of this Act.
"Section 203. Guidelines
" (a) Within one year after the enactment of this Title, the
Administrator shall in accordance with 5 U.S.C. 553 et. seq. pro-
mulgate, and from time to time revise, guidelines for the effective
control of sedimentation from land-disturbing activities, includ-
ing, but not limited to clearing, grading, transporting, and filling
of land in connection with (1) the construction of both public and
private buildings, roads, and highways, and (2), other activities
[P. 20]
excepting (A) uses of land for agricultural, silvicultural, ranching
or grazing purposes and (B) activities subject to regulation under
the [proposed] Mined Area Protection Act [S. 993, H.R. 4704].
"(b) Such guidelines shall include generally applicable informa-
tion concerning (1) demonstrably feasible techniques of sediment
control, including information on related costs; (2) effects likely
to result from failure to control sedimentation; (3) the extent of
control achievable by the techniques described; and (4) proce-
dures for evaluating the relative costs of attaining various levels
of sedimentation control. Such guidelines shall also prescribe ap-
propriate procedures to be followed by States in order to comply
with this Title. Such guidelines shall, to the extent feasible and
appropriate differentiate among various types of soils, size of the
land area being disturbed, land use patterns, slopes, drainage con-
ditions, rainfall patterns, proximate water bodies and their char-
acteristics (including but not limited to turbidity), and other rele-
vant factors. The guidelines shall prescribe categories of land-dis-
turbing activities for which (A) permits are required, (B) gen-
eral regulation is required, or (C) no regulation is required for
the purposes of sedimentation control programs established pur-
suant to Section 204.
" (c) The Administrator shall consult on a continuing basis with
the Secretaries of Housing and Urban Development, Agriculture,
Commerce, Transportation, with the heads of other appropriate
Federal agencies, and with appropriate representatives of State
and local governments, in developing and revising such guidelines.
"Section 204.. State programs
" (a) Within one year after the enactment of this Title and from
-------
2378 LEGAL COMPILATION—GENERAL
time to time subsequently, as appropriate, each State shall survey
the waters within its jurisdiction and determine on the basis of
applicable water quality standards, areas of critical sedimentation
(1) resulting in substantial part from activities subject to regula-
tion under this Title and (2) amenable to substantial attainment
of such water quality standards through controls over the activi-
ties subject to regulation under this Title either alone or in con-
junction with controls over other sources of sedimentation. Such
surveys shall be conducted in consultation and cooperation with
[p. 21]
the Environmental Protection Agency, the Departments of Agri-
culture, Commerce, and the Interior, and other appropriate Fed-
eral agencies and shall be submitted to the Environmental Protec-
tion Agency.
" (b) Within one year after the initial promulgation of Federal
guidelines under Section 203, each State shall submit to the Ad-
ministrator for his approval a sedimentation control program for
the non-Federal lands within its jurisdiction that contribute or are
likely to contribute to the critical sedimentation problems identi-
fied through the survey described in subsection (a) of this Sec-
tion. Such program shall be: (1) consistent with the guidelines
promulgated pursuant to Section 203 and (2) meet the following
criteria:
"(A) In accordance with regulations to be promulgated by
the Administrator pursuant to 5 U.S.C. 553 et. seq., land-disturb-
ing activities other than those exempted from regulation by guide-
lines issued pursuant to Section 203 (b) may be conducted only (1)
in accordance with regulations adopted as part of or pursuant to
an approved State program or (2) after the responsible individ-
ual or organization has submitted a sedimentation control plan
to an agency designated pursuant to subsection (c) of this Section
and has received a permit from that agency;
"(B) Each sedimentation control plan shall be reviewed
and evaluated by a qualified public agency prior to the issuance
of any permit;
"(C) Any State, local or regional agency which has a per-
mit issuing program approved by the State agency responsible for
establishing and enforcing water pollution control standards may
be designated to issue permits under this title. To the extent
possible, such permits should be issued (1) by agencies already
engaged in related activities, or (2) as part of such other permits;
"(D) Adequate provision is made for monitoring by an
-------
GUIDELINES AND REPORTS 2379
appropriate agency or agencies of activities requiring permits 01
otherwise regulated under this Title to ensure that they are con-
ducted pursuant to and in compliance with applicable permits or
regulations. The State water pollution control agency and such
other State, local or regional agencies as the State may designate
shall be empowered to enjoin activities conducted contrary to or
[p. 22]
in violation of this Title or permits issued pursuant thereto and
to assess appropriate penalties for such violations.
"(c) Activities subject to this Title that are conducted on Fed-
eral lands shall be regulated, in accordance with the guidelines
issued pursuant to Section 203, by the agency with jurisdiction
over such land.
"Section 205. Federal enforcement
"(a) Federal agencies providing financial assistance for activi-
ties subject to this Title shall require the possession of any permit
required by this Act as a condition of such assistance.
" (b) With respect to activities subject to this Title, the provi-
sions of section 21 (b) of this Act shall be construed as calling for
a certification of reasonable assurance of compliance with the pro-
visions of this Title.
"(c) The Administrator is authorized to enforce the require-
ments of State programs approved by him pursuant to this Title
and regulations promulgated pursuant to subsection (d) of this
Section in the same manner as he is authorized under Title I of
this Act to enforce standards established pursuant to Title I of
this Act.
"(d) With respect to any State in which after the expiration of
30 months following the date of enactment of this Title, there is
no program approved pursuant to this title or in which a program
has been disapproved, in whole or in part, by the Administrator,
the Administrator may adopt, in accordance with 5 U.S.C. 533 et.
seq., such regulations consistent with the provisions of this Title
and with the guidelines issued pursuant to Section 203 of the Act
as may be required to control sedimentation resulting from activi-
ties covered by that section.
"Section 3.
"Such Act is further amended by adding after Title II thereof
the following new Title:
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2380 LEGAL COMPILATION—GENERAL
"TITLE in—THE TOXIC WASTE DISPOSAL CONTROL ACT
"Section 301 (a). Findings
"The Congress finds—
"(1) that increasingly strict and pervasive regulatory controls
over the disposal of wastes in the air, in surface waters, and in the
oceans is causing intensified use of land and underground strata as
[p. 23]
repositories for wastes;
"(2) that such disposal of toxic wastes, if insufficiently con-
trolled, may cause serious contamination of the Nation's under-
ground and surface waters, including numerous interstate waters;
"(3) that knowledge of the behavior of wastes in the subsurface
environment often is very limited; and
"(4) that the present controls exercised by the States over
disposal of toxic wastes fail adequately to protect the public from
human health hazards of such disposal.
"Section 301 (b). Purpose
"Therefore, it is the purpose of this Title—to establish national
requirements for the regulation of land and underground disposal
of toxic wastes, relying principally on State controls pursuant to
Federal guidelines.
"Section 302. Definitions
"For the purposes of this Title—
"(a) the term "toxic waste" means any substance or combina-
tion of substances, which, in the judgment of the Administrator,
may pose a substantial present or potential hazard to human
health because such substances are nondegradable or persistent in
nature, or because they can be biologically magnified, or because
they can be lethal, or because they otherwise cause or tend to
cause detrimental cumulative effects;
"(b) the term "disposal of toxic waste" means the discharge,
deposit, or injection into subsurface strata or excavations or the
ultimate disposition onto the land of any toxic waste, where, in the
judgment of the Administrator, such actions could result in con-
tamination of ground waters or surface waters, except for such
disposal of toxic waste as is regulated under Title I of this Act or
other Federal legislation;
"(c) the term "surface waters" means all interstate waters and
navigable waters of the United States; the territorial sea; and the
contiguous zone, as established by Article 24 of the Convention of
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GUIDELINES AND REPORTS 2381
the Territorial Sea and the Contiguous Zone, over which the
United States has jurisdiction;
"(d) the term "Administrator" means the Administrator of the
Environmental Protection Agency;
"(e) the term "Secretary" means the Secretary of the Interior;
LP- 24]
"(f) the term "United States" means States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, and those adjacent lands and strata under navigable waters,
the territorial sea and the contiguous zone as established by Arti-
cle 24 of the Convention of the Territorial Sea and the Contiguous
Zone, over which the United States, any State of the United
States, or the Commonwealth of Puerto Rico has jurisdiction;
"(g) the term "The State Agency" means the agency or agen-
cies responsible within a State for regulating land and under-
ground disposal of toxic wastes in accordance with this Title.
"Section 303. Policy
"The Congress hereby declares that it is the policy of the United
States that the disposal of toxic wastes by any person or organiza-
tion (including agencies and instrumentalities of the United
States) in the United States shall be in accordance with the provi-
sions of this Title and that such disposal of waste may be permit-
ted, taking into account the feasibility and safety of alternative
locations and methods of disposal, provided the State agency or
where appropriate, the Administrator, has not determined pur-
suant to this Title that the proposed disposal will endanger the
health of persons.
"Section 304. Federal regulations and guidelines
" (a) The Administrator shall, after consultation with the Sec-
retary and the heads of other appropriate Federal agencies and in
accordance with 5 U.S.C. 553 et. seq., designate by regulation
within one year after the date of enactment of this Title and from
time to time thereafter (1) geographic areas and types of geologic
formations or situations in which, because of substantial hazards
to human health specified types of toxic wastes or combinations
thereof may not be disposed of in any quantity or in excess of
specified quantities; and (2) substances or classes, categories or
quantities of such substances, that he determines to be toxic
wastes for the purposes of this Title. In carrying out the provi-
sions of this subsection, the Administrator shall consult with the
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2382 LEGAL COMPILATION—GENERAL
Secretary of Health, Education, and Welfare with respect to the
public health aspects of the Administrator's determinations.
"(b) For the purpose of advising States in adopting or revising
regulations governing the disposal of toxic wastes, the Adminis-
[p. 25]
trator shall, after consultation with the Secretary and heads of
other appropriate Federal agencies and in accordance with 5
U.S.C. 553 et seq., promulgate by regulation within one year after
the date of enactment of this Title and from time to time thereaf-
ter, guidelines for the regulation of disposal of toxic wastes. Such
guidelines shall, on the basis of available scientific knowledge,
include information and recommendations with respect to geologi-
cal and hydrological testing requirements, disposal procedures,
performance standards related to subsurface waste disposal facili-
ties such as wells and well casings, distribution and proximity of
disposal or storage sites in specified geographic areas and types of
geologic formations or situations, and other reasonably related
matters. Such guidelines shall also set forth monitoring and re-
porting requirements to be included in State programs and shall
provide for regulation by permit with respect to types of toxic
waste, disposal locations or procedures, or a combination thereof,
for which the Administrator determines that advance review of
plans and case-by-case specification of conditions are required in
order to prevent substantial hazards to human health. For other
types of toxic waste, disposal locations or procedures, or combina-
tions thereof, the guidelines shall provide for controls through
generally applicable regulations.
"Section 305. State Programs
"(a) Each State participating in the nationwide program estab-
lished by this Title shall, after public hearings and within one
year after the initial issuance of guidelines pursuant to Section
304, submit to the Administrator for review and approval or dis-
approval in accordance with this Section, a program to regulate
disposal of toxic wastes on non-Federal lands within the State in
accordance with the guidelines promulgated pursuant to Section
304. A State may at any time thereafter submit a program or
revisions of a program to the Administrator for review and ap-
proval or disapproval in accordance with this Section.
" (b) The Administrator shall approve the program or revisions
of such program submitted to him if, in consultation with the
Secretaries of Commerce and the Interior, he determines that:
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GUIDELINES AND REPORTS 2383
"(1) For such types of disposal of toxic wastes as the
Administrators may specify in his guidelines pursuant to Section
[p. 26]
304, the program requires that there be obtained from the State
agency a permit (A) based on a plan describing the manner in
which disposal will be conducted and (B) consistent with the
regulations described in paragraph (2) of this subsection and
with such other reasonably related conditions as may be specified
by the State agency;
"(2) The State agency has issued after public hearings
such rules or regulations as may be required to comply with the
regulations issued by the Administrator pursuant to Section 304;
"(3) The State agency has authority substantially similar
to that possessed by the Administrator under Section 309 of this
Act;
"(4) The State agrees to provide annual reports to the
Administrator concerning the program and to furnish at such
reasonable times as the Administrator may designate copies of
such permits issued as the Administrator may request;
"(5) The State agency has such regulatory and other au-
thorities as may be necessary to carry out the purposes of this
Title, including but not limited to the authority to levy fines and
initiate prompt legal actions for violations of applicable laws,
regulations, and permits;
"(6) Sufficient funding and adequately trained manpower
are or will be committed to the administration and enforcement
of the program to achieve the goals of this Title; and
"(7) The program meets such additional reasonably related
and generally applicable criteria as the Administrator may by
regulation establish.
" (c) As a further condition for approval by the Administrator,
each State program must provide a satisfactory mechanism for
promptly notifying each State the public health of which may be
adversely affected by a toxic waste disposal activity for which a
permit will be issued.
" (d) The Administrator may approve or disapprove in whole or
in part any program or portion thereof submitted pursuant to this
Title. In making such a determination, the Administrator shall
consult with interested Federal agencies.
"(e) If after the Administrator has approved a State program
[p. 27]
or revisions thereof, he determines that:
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2384 LEGAL COMPILATION—GENERAL
"(1) The State has failed to implement the program ade-
quately;
" (2) The State's regulations require revision; or
"(3) The State has otherwise failed to comply with the
provisions or purposes of this Title; he shall notify the State and
request appropriate action, remedies, or revisions to the regula-
tions, affording the State an opportunity for a hearing. If within
a reasonable time, as determined by the Administrator, the State
has not taken appropriate action as determined by the Admin-
istrator, the Administrator may withdraw in whole or in appro-
priate part his approval of the program and implement a program
for such State under subsection (f) of this Section. After with-
drawal of his approval and pending the implementation of a
program under subsection (f), the Administrator may administer
and enforce the State regulations and may re-examine and modify
as he determines to be necessary to prevent substantial hazards
to human health any permits issued by the State within 90 days
prior to withdrawal of approval.
" (f) If, after the expiration of one year following the issuance
of guidelines under Section 304, a State fails to submit a program
to regulate the disposal of toxic wastes or has submitted a pro-
gram which has been disapproved and within such period as has
been set by the Administrator has failed to submit a revised pro-
gram for approval, the Administrator shall, in accordance with
the procedures set forth in subsection 304 (b), issue regulations
and establish a permit program for such State to the extent neces-
sary to conform to the applicable requirements of subsection (b)
and (c) of this Section.
"(g) Prior to approval of a State program pursuant to this
Section, any person or organization desiring to engage in subsur-
face disposal of toxic wastes in a State that does not regulate such
activity shall comply with such interim regulations as the Admin-
istrator may prescribe to prevent substantial hazards to human
health.
"(h) Subsequent to taking action under subsections (c) or (f)
of this subsection, the Administrator shall terminate such action
and restore his approval of a State program whenever a State
submits a program or revision thereof meeting the requirements
[P- 28]
of this Section.
"Section 306. Administrative inspections and warrants
"(a) (1) For the purpose of inspecting, copying, and verifying
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GUIDELINES AND REPORTS 2385
the correctness of records, reports, or other documents required by
a State or where appropriate, the Administrator, to be kept or
made under this Title and otherwise facilitating the carrying out
of his functions under this Title, the Administrator is authorized,
in accordance with this Section, to enter any premises in which or
on which such documents are kept or toxic waste disposal activi-
ties are conducted and to conduct administrative inspections
thereof, and of the things specified in this Section, relevant to
those functions.
"(2) Such entries and inspections shall be carried out
through officers or employees (hereinafter referred to as "inspec-
tors") designated by the Administrator. Any such inspector, upon
stating his purpose and presenting to the owner, operator, or agent
in charge of such premises (A) appropriate credentials and (B)
his administrative inspection warrant or a written notice of his
other inspection authority, shall have the right to enter such
premises and conduct such inspection at reasonable times.
"(3) Except when the owner, operator, or agent in charge
of such premises so consents in writing, no inspection authorized
by this Section shall extend to
"(A) financial data;
" (B) sales data other than shipments;
"(C) pricing data;
" (D) personnel data; or
"(E) research data (other than data resulting from
tests conducted pursuant to Section 304 (b))
"(b) A warrant under this Section shall not be required for
entries and administrative inspection (including seizures of prop-
erty)—
"(1) with the consent of the owner, operator, or agent in
charge of such premises ;
"(2) in situations presenting imminent danger to health or
safety;
"(3) in any other exceptional or emergency circumstances
where time or opportunity to apply for a warrant is lacking; or
" (4) in any other situations where a warrant is not consti-
tutionally required.
[p. 29]
" (c) Issuance and execution of administrative inspection war-
rants shall be as follows:
"(1) Any judge of the United States or of a State court of
record, or any United States magistrate, may, within his territorial
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2386 LEGAL COMPILATION—GENERAL
jurisdiction, and upon proper oath or affirmation showing prob-
able cause issue warrants for the purpose of conducting admin-
istrative inspections authorized by this Title or regulations there-
under, and seizures of property appropriate to such inspections.
For the purposes of this Section, the term "probable cause" means
a valid public interest in the effective enforcement of this Title
or regulations thereunder sufficient to justify administrative in-
spections of the area, premises, building, or contents thereof, in
the circumstances specified in the application for the warrant.
"(2) A warrant shall issue only upon an affidavit of an
officer or employee having knowledge of the facts alleged, sworn
to before the judge or magistrate and establishing the grounds for
issuing the warrant. If the judge or magistrate is satisfied that
grounds for the application exist or that there is probable cause
to believe they exist, he shall issue a warrant identifying the area,
premises, or buildings, to be inspected, the purpose of such in-
spection, and, where appropriate, the type of property to be
inspected, if any. The warrant shall identify the items or types
of property to be seized, if any. The warrant shall be directed
to a person authorized under subsection (a) (2) to execute it. The
warrant shall state the grounds for its issuance and the name of
the person or persons whose affidavit has been taken in support
thereof. It shall command the person to whom it is directed to
inspect the area, premises, or building, identified for the purpose
specified, and, where appropriate, shall direct the seizure of the
property specified. The warrant shall direct that it be served
during normal business hours. It shall designate the judge or
magistrate to whom it shall be returned.
"(3) A warrant issued pursuant to this section must be
executed and returned within ten days of its date unless, upon a
showing by the United States of a need therefor, the judge or
magistrate allows additional time in the warrant. If property is
seized pursuant to a warrant, the person executing the warrant
shall give to the person from whom or from whose premises the
[p. 30]
property was taken a copy of the warrant and a receipt for the
property taken or shall leave the copy and receipt at the place for
which the property was taken. The return of the warrant shall be
made promptly and shall be accompanied by a written inventory
of any property taken. The inventory shall be made in the presence
of the person executing the warrant and of the person from whose
possession or premises the property was taken, if they are present,
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GUIDELINES AND REPORTS 2387
of in the presence of at least one credible person other than the
person making such inventory, and shall be verified by the person
executing the warrant. The judge or magistrate, upon request,
shall deliver a copy of the inventory to the person from whom or
from whose premises the property was taken and to the applicant
for the warrant.
"(4) The judge or magistrate who has issued a warrant
under this Section shall attach to the warrant a copy of the return
and all papers filed in connection therewith and shall file them
with the clerk of the district court of the United States for the
judicial district in which the inspection was made.
"(d) Any records, reports, or information obtained under this
Section shall be available to the public except that upon a showing
satisfactory to the Administrator that records, reports or infor-
mation, or a particular part thereof, to which the Administrator
has access under this subsection constitute trade secrets or other
matter referred to in Section 1905 of Title 18 of the United States
Code, the Administrator shall consider such record, report, or
information or particular portion thereof confidential, except that
such record, report, or information may be disclosed to other
officers, employees, or authorized representatives of the United
States concerned with carrying out this Act, and such information
may be disclosed in camera relevant in any proceeding under this
Act.
"Section 307. Federal enforcement
" (a) At the request of the Administrator, the Attorney General
may institute a civil action in the appropriate district court of the
United States for an injunction or other appropriate order (1) to
prevent any person from engaging in toxic waste disposal opera-
tions in violation of a Federal regulatory program instituted
under subsection 305 (f) of this Act, the requirements of subsec-
[P. 31]
tion 304 (a) of this Act, or State regulations which the Adminis-
trator is entitled to enforce under Section 305(e) of this Act; (2)
to enforce a warrant issued under Section 306 of this Act; or (3)
to collect a penalty under Section 308 of this Act.
"(b) If the Administrator determines that a toxic waste dis-
posal operation violates applicable State regulations or a State
permit, he may—
"(1) request the State agency to bring an action to enjoin
such operations; and
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2388 LEGAL COMPILATION—GENERAL
" (2) in the event of failure on the part of the State agency
to comply with the Administrator's request within a reasonable
time as determined by the Administrator, request the Attorney
General to institute an action for an injunction or other appro-
priate order, and
"(3) determine whether State failure to enforce its regula-
tions requires withdrawal of any approval given by the Admin-
istrator under subsection 305 (d) of this Act.
"Section 308. Fines
" (a) If any person responsible for a toxic waste disposal opera-
tion fails for more than 15 days after notification to comply with
any regulation or permit which the Administrator may enforce
under this Act the Administrator may order cessation of such
operation. Such person shall be liable for a civil penalty of not
more than $25,000 for each day of continued non-compliance after
said fifteen days, to be assessed after opportunity for hearing.
"(b) Any person who knowingly violates any permit or regula-
tion issued pursuant to this Act shall, upon conviction, be guilty of
a misdemeanor and punished by a fine not exceeding $25,000 or by
imprisonment not exceeding one year, or both.
"(c) The penalities prescribed in this Section shall be in addi-
tion to any other remedies afforded by this Act or by any other
law or regulation.
"Section 309. Imminent and substantial hazards
"Whenever the Administrator determines that any toxic waste
disposal activity or an existing toxic waste disposal site or facility
presents an imminent and substantial hazard to human health, he
shall notify the appropriate State agency. If such agency fails to
take appropriate action within a reasonable time, the Administra-
[p. 32]
tor may issue an order directing appropriate remedial or correc-
tive measures to be taken. The recipient of any such order shall be
afforded an opportunity for a hearing. If appropriate action is not
taken promptly, the Administrator shall request the Attorney
General to bring a civil suit in the United States district court in
the district in which the site or facility is located to enforce the
Administrator's order.
"Section 310. Research
The Administrator, in cooperation with the Departments of
Commerce and the Interior and other Federal agencies is author-
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GUIDELINES AND REPORTS 2389
ized to conduct studies, undertake research, and promote the de-
velopment of new or improved procedures, methods, and tech-
niques as may be required for the purposes of this Title.
"Section 311. Federal lands
Federal agencies administering Federal lands shall issue regula-
tions governing the disposal of toxic wastes on or under the lands
under their jurisdiction. Such regulations shall be in accordance
with regulations promulgated by the Administrator pursuant to
Section 304 of this Act and shall be issued after consultation with
the State or States within which such Federal lands are located.
[p. 33]
SECTION-BY-SECTION ANALYSIS
Section 1 would designate the present Federal Water Pollution
Control Act (FWPCA) provisions as Title I of the Act.
Section 2 adds a new Title II to the FWPCA, the Sediment
Control Act.
(TITLE n—SEDIMENT CONTROL ACT)
Section 201 states the purpose of the Title, to reduce sedimenta-
tion from land-disturbing activities consistent with water quality
standards.
Section 202 provides applicable definitions.
Section 203 provides for the Administrator of EPA (hereinaf-
ter, the Administrator) to issue within a year of the Title's enact-
ment guidelines for effective control of sedimentation from land-
disturbing activities, such as road and building construction, and
excluding agricultural and silvicultural activities and mining ac-
tivities that would be regulated under the President's proposed
Mined Area Protection Act.
Subsection (b) provides that the guidelines shall include infor-
mation on effects of uncontrolled sediment and on the techniques
for control, including their costs and effectiveness. The guidelines
must also specify procedures to be followed by States in establish-
ing control programs and designate categories of land-disturbing
activities for which, within program areas, permits, general regu-
lations, or no controls, respectively, are appropriate.
Subsection (c) prescribes that the Administrator will consult
with appropriate Federal, State and local agencies in developing
and revising the guidelines.
Section 204 provides the requirements for State programs. The
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2390 LEGAL COMPILATION—GENERAL
first is a survey to be conducted, within a year of the Title's
enactment to subsequently as appropriate, to determine on the
basis of water quality standards critical areas of sedimentation
resulting in substantial part from activities regulated under this
Title in which the standards may be substantially achieved either
under this Title alone or in conjunction with controls over other
sedimentation sources such as agricultural runoff.
Within a year after initial Federal guidelines are issued (dur-
ing which time the survey is to have been completed), States are
expected to submit control programs, consistent with the guide-
[p. 34]
lines, for the problem areas identified in the survey.
Further provisions for such programs, specified in subsection
(b), include encouragement of the use of State or local agencies
that already issue permits for land-disturbing activities, provided
their programs are acceptable to the State water quality agency. A
technically qualified agency must review to evaluate permits prior
to issuance, a requirement applicable only where the permit-issu-
ing agency itself lacks sufficient expertise. Adequate monitoring of
regulated activities and enforcement authority must be provided.
Subsection (c) provides for Federal agencies to regulate activi-
ties on lands within their jurisdiction.
Section 205 provides for several aspects of Federal enforcement
of requirements under Title II. First, Federal agencies that pro-
vide financial assistance for activities regulated under this Title
will require possession of any requisite permit under Title II as a
condition of assistance.
Second, section 21 (b) of the FWPCA, which requires a State
certification of reasonable assurance of compliance with water
quality standards with respect to proposed activities for which a
Federal license or permit is sought, would be modified with respect
to activities regulated under Title II to require a certificate of
compliance with the specific requirements imposed under Title II.
Third, the Administrator would be authorized to enforce the
requirements of State programs established under Title II in the
same manner as he may enforce standards established under Title
I, i.e., the present Federal Water Pollution Control Act. Here the
bill is drafted in anticipation of pending amendments of the
FWPCA that would basically authorize Federal administrative or
judicial enforcement of federally-approved State standards when
a State fails to do so.
Finally, Section 205 provides for Federal establishment of and
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GUIDELINES AND REPORTS 2391
enforcement of regulations in order to abate violations of water
quality standards if a State had failed to adopt an acceptable
sedimentation control program within six months after the time
specified for submission of such a program to the Administrator
for approval.
(TITLE m—TOXIC WASTE DISPOSAL CONTROL ACT)
[p. 35]
Section 3 adds to the FWPCA as Title III the Toxic Waste
Disposal Control Act.
Section 301 states findings, to the effect that present regulatory
controls over the increasing use of land and underground strata
for disposal of toxic wastes fail adequately to protect public
health, and a purpose of establishing a nationwide control pro-
gram relying principally on State action pursuant to Federal
guidelines.
Section 302 states applicable definitions, including those of
"toxic waste" and of "disposal" of such waste.
Section 303 states the policy of Title III, to permit land and
underground disposal of toxic waste (hereinafter, disposal of toxic
waste) after alternative disposal sites and methods have been
considered and if the appropriate State or Federal official has not
determined that disposal will endanger human health.
Section 304 provides for Federal regulations and guidelines for
State programs. Subsection (a) provides for the Administrator to
issue, initially within a year from enactment of the Title, regula-
tions designating locations or types of locations on or under the
land where certain quantities of specified toxic wastes or combina-
tions may not be disposed. He is also called upon to designate
specific substances or combinations thereof which he determines to
be toxic wastes.
Subsection (b) calls upon the administrator to establish within
the same time guidelines for State regulatory programs with re-
spect to locations where toxic waste disposal may be considered.
The guidelines will cover testing, monitoring, reporting, perform-
ances standards, disposal procedures, and related matters. They
also specify the circumstances in which case-by-case permits and
general regulations, respectively, are needed.
Section 305 covers submission and approval of State programs
meeting the EPA guidelines. Subsection (a) calls for submission
of such programs after public hearings and within a year after
initial issuance of the Federal guidelines. Subsection (b) enumer-
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2392 LEGAL COMPILATION—GENERAL
ates specific criteria for approval of State programs, such as pos-
session by the State of adequate authority to enforce its regula-
tions, adequate funding and manpower, a mechanism to notify
other States that may be affected by issuance of a permit, and
[p. 36]
authority to take prompt action in cases of imminent and substan-
tial dangers to health.
Subsections (e) and (h) cover withdrawal and reinstatement
by the Administrator of his approval of a State program which is
not being enforced.
Subsections (e) and (f) provide for the issuance and enforce-
ment of regulations by the Administrator for a State in which a
toxic waste disposal program has not been approved and estab-
lished or for which approval has been withdrawn.
Subsection (g) provides for the Administrator to establish in-
terim regulations for subsurface toxic waste disposal activities in
any State which does not regulate such activity at the time of
enactment of this Title, pending development and approval of such
a program pursuant to this Title.
Section 306 provides for the Administrator to conduct inspec-
tions, with appropriate warrants, to carry out his functions under
this Title, Subsection (d) provides for public availability of infor-
mation or documents so obtained, except for trade secrets and
material covered by 18 U.S.C. §1905.
Section 307 provides for Federal enforcement of applicable reg-
ulations by initiation for a civil action for injunctive or other
relief. There is also provision for Federal enforcement of State
regulations in any specific instance of State failure to act despite a
request of the Administrator to do so.
Section 308 provides for the assessment of a civil penalty of up
to $25,000 per day beyond the 15th day after notification by the
Administrator of noncompliance with applicable requirements
pursuant to this Title, and for criminal penalties up to $25,000
and/or one year imprisonment for knowing violations of applica-
ble permits or regulations.
Section 309 authorizes the Administrator to request prompt ac-
tion by the Attorney General whenever a State fails to act to
alleviate an imminent and substantial hazard to health from either
disposal activities or an existing disposal site or facility.
Section 310 authorizes the Administrator, in cooperation with
-------
GUIDELINES AND REPORTS 2393
other Federal agencies, to conduct studies and research on proce-
dures, methods and techniques covered by this Title.
[p. 37]
Section 311 provides for Federal agencies to establish control
programs, as required under this Title, for lands under their juris-
diction.
[P. 38]
SULFUR OXIDES EMISSION CHARGE
[p. 39]
OFFICE OF THE SECRETARY OF THE TREASURY,
Washington, D.C., February 8, 1972.
HON. SPIRO T. AGNEW,
President of the Senate,
Washington, D.C.
HON. CARL B. ALBERT,
Speaker of the House of Representatives,
Washington, D.C.
DEAR MR. [PRESIDENT/SPEAKER] : There is transmitted herewith a pro-
posed bill, "To promote the abatement of atmospheric sulphur pollution by
the imposition of a tax on the emission of sulphur into the atmosphere, and
for other purposes."
In his Environmental Message of February 8, 1971, the President observed
that sulphur oxides are among the most damaging air pollutants, costing
society billions of dollars annually in terms of human health, vegetation,
and property. At that time the President stated that a charge on emissions
of sulphur into the atmosphere would be a major step in applying the
principle that the costs of pollution should be included in the price of the
product. The President also stated that legislation to this end would be
submitted to the Congress upon the completion of studies underway in the
agencies most directly concerned. The Treasury Department, the Council
on Environmental Quality, and the Environmental Protection Agency have
completed their studies on this concept and have developed the details of
sulphur oxides emissions charge, incorporated in the enclosed draft.
The proposed bill would provide for a tax, beginning with calendar year
1976, on the emissions of sulphur into the atmosphere. The tax would be
imposed directly on the sulphurous emissions of those sources large enough
to measure and monitor their emissions. Small emitters, who do not have
facilities to measure or monitor emissions, would pay tax on the sulphur
content of their fuel purchases.
The tax rate would be 15 cents per pound of sulphur emitted into the
atmosphere, with reductions in or exemptions from the rate applicable in
certain sulphur tax regions as determined by the Administrator of the
[p. 41]
Environmental Protection Agency. The tax would be reduced to 10 cents in
regions where it was demonstrated that there was no violation of the
-------
2394 LEGAL COMPILATION—GENERAL
national primary ambient sulphur oxide air standard on an average basis
during the preceding calendar year. There would be no tax in regions where
it was demonstrated on the same basis that there was no violation of either
national primary or secondary ambient sulphur oxide air standards.
Pursuant to the Clean Air Amendments of 1970, national ambient
standards have been set for six major air pollutants, including sulphur
oxides. States are required to develop implementation plans to achieve these
standards within three years. Enforcement at all levels of government
may be hampered by debate over technical feasibility and commercial
availability of control technology for sulphur oxides. This sulphur oxides
tax will stimulate industry to develop and install control technology and
use cleaner fuels as quickly as possible in order to minimize the tax liability.
It will stimulate prompt compliance with ambient standards and reduce
the need for ad hoe enforcement actions.
The sulphur oxides charge in no way compromises the air quality standards
of the Clean Air Act. In all cases, the development of effective state
regulatory programs and implementation plans will be required, and
where the charge is insufficient to achieve the standards, regulatory
authority will assure that the standards are met. Together, the sulphur
oxides charge and existing regulatory authority provide a powerful
mechanism to achieve air quality objectives.
A general explanation of the proposed bill and its background also are
enclosed. A similar letter is being sent to the [President of the Senate/
Speaker of the House].
The Department has been advised by the Office of Management and
Budget that enactment of the proposed legislation would be in accord with
the program of the President.
[p. 42]
Sincerely,
JOHN B. CONNALLY.
[p. 43]
A BILL To promote the abatement of atmospheric sulphur pollution by
the imposition of a tax on the emission of sulphur into the atmosphere, and
for other purposes.
Be it enacted by the Senate and the House of Representatives of
the United States of America in Congress assembled,
Section 1. Short title, etc.
(a) Short Title.—This Act may be cited as the "Pure Air Tax
Act of 1972".
(b) Amendment of 1954 Code.—Except as otherwise expressly
provided, whenever in this Act an amendment is expressed in
terms of an amendment to a section or other provision, the refer-
ence shall be considered to be made to a section or other provision
of the Internal Revenue Code of 1954.
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GUIDELINES AND REPORTS 2395
Section 2. Tax on sulphur emissions and the sulphur content of
fuels
(a) Imposition of Tax.—Chapter 39 (relating to regulatory
taxes) is amended by adding at the end thereof the following new
subchapter:
"Subchapter F—Environmental Quality Taxes.
"Sec. 4891. Sale of sulphurous fuels.
"Sec. 4892. Sulphur emissions by processors and registered tax-
payers.
"Sec. 4893. Additional tax imposed upon sales of sulphurous
fuels and sulphur emissions.
"Sec. 4894. Definitions, registration, and special rules.
"Section 4891. Sale of sulphurous fuels
" (a) Imposition of Tax.—There is hereby imposed a tax at the
rate specified in subsection (b) upon each pound of sulphur con-
tained in a sulphurous fuel sold by a registered taxpayer during
any calendar year beginning after 1975.
"(b) Rate of Tax.—
"(1) In general.—Except as provided in paragraph (2),
the tax imposed by subsection (a) shall be 15 cents per pound
of sulphur contained in a sulphurous fuel.
"(2) Special rule.—With respect to the sulphur content of
any sulphurous fuel sold during a calendar year for ultimate
[p. 44]
use in a sulphur tax region which is determined by the Admin-
istrator of the Environmental Protection Agency to be a Class
II sulphur tax region for the preceding calendar year, the rate
of tax imposed by subsection (a) shall be 10 cents per pound of
sulphur contained in a sulphurous fuel.
"(c) Exemptions.—No tax shall be imposed under subsection
(a) in respect of:
"(1) Sale for use in certain sulphur tax regions.—Sulphur
contained in sulphurous fuel sold during a calendar year for ulti-
mate use in a sulphur tax region which is determined by the
Administrator of the Environmental Protection Agency to be a
Class III sulphur tax region for the preceding calendar year.
"(2) Sale to registered taxpayer.—Sulphur contained in a
sulphurous fuel sold to a person who is a registered taxpayer.
"(3) Sale for nonfuel use.—Sulphur contained in a sulphu-
rous fuel sold for a nonfuel use including, in accordance with
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2396 LEGAL COMPILATION—GENERAL
regulations prescribed by the Secretary or his delegate, such
products derived from fuels as are customarily used for non-
fuel use.
"(4) Sulphurous fuels exported.—Sulphur contained in a
sulphurous fuel sold for export or for resale by the purchaser for
export. This paragraph shall not apply to the sale of a sulphurous
fuel unless, within 6 months after the date of the sale by the
registered taxpayer (or, if earlier, on the date of shipment by
the registered taxpayer), the registered taxpayer receives satis-
factory proof that the fuel has been exported.
" (5) Sale for use in motor vehicles.—Sulphur contained in
a sulphurous fuel sold for use in a motor vehicle.
"(6) Sale for use as supplies for vessels or aircraft.—Sul-
phur contained in a sulphurous fuel sold for use by the purchaser
as supplies for vessels or aircraft.
"(d) Floor Stocks Tax.—
"(1) In general.—There is hereby imposed a floor stocks
tax on the sulphur content of sulphurous fuel held by a person
who ceases to be a registered taxpayer. The tax shall be imposed
at the rate which would apply under subsection (b) if the floor
stocks were sold by such person for ultimate use in the sulphur
[p. 45]
tax region where they are located at the time he ceases to be a
registered taxpayer.
"(2) Special rules.—Paragraph (1) shall not apply if the
sulphur content of sulphurous fuel held by the person at the time
he ceases to be a registered taxpayer is less than 2,000 pounds
of sulphur.
"Section 4892. Sulphur emissions by processors and registered
taxpayers
" (a) Imposition of Tax.—There is hereby imposed a tax at the
rate specified in subsection (b) upon each pound of sulphur emit-
ted into the atmosphere—
" (1) by a registered taxpayer, or
"(2) by a processor (other than as the result of the com-
bustion or distillation of sulphurous fuel), during any calendar
year beginning after 1975.
"(b) Rate of Tax.—
"(1) In general.—Except as provided in paragraph (2),
the rate of tax imposed by subsection (a) shall be 15 cents per
pound of sulphur emitted into the atmosphere.
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GUIDELINES AND REPORTS 2397
"(2) Special rule.—With respect to the sulphur emissions
during a calendar year in a sulphur tax region which is deter-
mined by the Administrator of the Environmental Protection
Agency to be a Class II sulphur tax region for the preceding
calendar year, the rate of tax imposed by subsection (a) shall be
10 cents per pound of sulphur emitted into the atmosphere.
"(c) Exemption.—No tax shall be imposed under subsection
(a) in respect of sulphur emissions during a calendar year in a
sulphur tax region which is determined by the Administrator of
the Environmental Protection Agency to be a Class III sulphur
tax region for the preceding year.
"Section 4893. Additional tax imposed upon sales of sulphurous
fuels and sulphur emissions
" (a) Imposition of Tax.—In addition to the tax imposed under
sections 4891 and 4892, there is hereby imposed a tax at the rate
specified in subsection (b) upon—
"(1) Registered taxpayers.—The number of pounds by
which the sum of—
"(A.) the pounds of sulphur contained in sulphurous
fuel sold by a registered taxpayer for ultimate use in a sulphur
[p. 46]
tax region, and
"(B) the pounds of sulphur emitted into the atmos-
phere in such region by such person, or
"(2) Processors.—The number of pounds of sulphur emit-
ted into the atmosphere in a sulphur tax region by a processor
(other than as the result of the combustion or distillation of a
sulphurous fuel), during any calendar year beginning after 1975,
which exceeds the net base pounds of sulphur of such processor
or registered taxpayer for such sulphur tax region for the preced-
ing calendar year. The amount determined under paragraph (1)
(A) shall not include pounds of sulphur contained in sulphurous
fuel sold by a registered taxpayer to another registered taxpayer.
" (b) Rate of Tax.—The rate of tax imposed by subsection (a)
shall be—
"(1) 5 cents per pound of sulphur contained in sulphurous
fuel sold for ultimate use in, or emitted into the atmosphere in,
a sulphur tax region which is a Class I sulphur tax region for
the calendar year and was a Class II sulphur tax region for the
preceding calendar year,
" (2) 10 cents per pound of sulphur contained in sulphurous
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2398 LEGAL COMPILATION—GENERAL
fuel sold for ultimate use in, or emitted into the atmosphere in,
a sulphur tax region which is a Class II sulphur tax region for
the calendar year and was a Class III sulphur tax region for the
preceding calendar year, or
"(3) 15 cents per pound of sulphur contained in sulphurous
fuel sold for ultimate use in, or emitted into the atmosphere in,
a sulphur tax region which is a Class I sulphur tax region for
the calendar year and was a Class III sulphur tax region for the
preceding calendar year.
" (c) Definitions.—For purposes of this section—
"(1) Base Pounds of Sulphur.—The term 'base pounds of
sulphur' means the sum of the pounds of sulphur contained in
sulphurous fuel sold for ultimate use in, and the pounds of sulphur
emitted into the atmosphere in, a particular sulphur tax region
during a calendar year by a processor or a registered taxpayer.
"(2) Net Base Pounds of Sulphur.—The term 'net base
pounds of sulphur' means the base pounds of sulphur for the
[p. 47]
calendar year—
"(A) increased by transfers of such pounds to the
processor or registered taxpayer from other processors and reg-
istered taxpayers in the same sulphur tax region, and
"(B) decreased by transfers of such pounds by the
processor or registered taxpayer to other processors and reg-
istered taxpayers in the same sulphur tax region.
Transfers of base pounds of sulphur shall be made in accordance
with regulations prescribed by the Secretary or his delegate.
"Section 4894. Definitions, registration, and special rules
" (a) Definitions.—For purposes of this subchapter :
"(1) Sulphurous fuel.—The term 'sulphurous fuel' means
any natural or manufactured substance, in a raw state or after
processing, which is suitable for use as a combustible fuel directly
or after processing, and which contains at least one-tenth of a
pound of sulphur, in elemental or compound form, per million
BTU's of heat content.
"(2) Dealer in sulphurous fuel.—The term 'dealer in sul-
phurous fuel' means any person who customarily purchases, pro-
duces or imports sulphurous fuel in amounts exceeding 100,000
million BTU's of heat content per year and customarily sells at
least 25 percent of such fuel. For purposes of this paragraph, the
production of a fuel includes extraction from a mine, well or
-------
GUIDELINES AND REPORTS 2399
other natural deposit or the manufacture of any fuel using natural
or manufactured material.
"(3) Producer-User of sulphurous fuel.—The term 'pro-
ducer-user of sulphurous fuel' means any person who customarily
produces or imports sulphurous fuel in amounts exceeding 100,000
million BTU's of heat content per year, at least 75 percent of
which is used by such person. For purposes of this paragraph, the
production of a fuel includes extraction from a mine, well or
other natural deposit or the manufacture of any fuel using natural
or manufactured material.
" (4) Emission source.—The term 'emission source' means
any point source (as denned by regulations prescribed by the
Secretary or his delegate for purposes of this section in concur-
rence with the Administrator of the Environmental Protection
[P. 48]
Agency) of sulphur oxides emissions.
"(5) Purchaser of sulphurous fuel.—The term 'purchaser
of sulphurous fuel' means any person who customarily purchases
sulphurous fuel in amounts exceeding 100,000 million BTU's of
heat content per year, at least 75 percent of which is used by such
person.
"(6) Registered taxpayer.—The term 'registered taxpayer'
means a person who has registered as provided under subsec-
tion (b).
"(7) Processor.—The term 'processor' means an emission
source which would not be classified as such solely by reason of
its sulphur oxides emissions derived from the combustion or distil-
lation of sulphurous fuel.
"(8) Sulphur tax region.—The term 'sulphur tax region'
means an air quality control region or a portion of an air quality
control region which is subdivided in accordance with the provi-
sions of subsection (d) (1).
"(9) Class I sulphur tax region.—The term 'Class I sul-
phur tax region' means any sulphur tax region which is not certi-
fied to be a Class II or III sulphur tax region by the Administrator
of the Environmental Protection Agency.
"(10) Class II sulphur tax region.—The term 'Class II
sulphur tax region' means any sulphur tax region which is certi-
fied by the Administrator of the Environmental Protection Agency
to be a Class II sulphur tax region.
"(11) Class III sulphur tax region.—The term 'Class III
sulphur tax region' means any sulphur tax region which is certi-
-------
2400 LEGAL COMPILATION—GENERAL
fied by the Administrator of the Environmental Protection Agency
to be Class III sulphur tax region.
"(12) Air quality control region.—The term 'air quality
control region' means a region designated in accordance with the
provisions of section 107 of the Clean Air Act, as amended and
supplemented (42 U.S.C. 1857c-2).
"(13) Nonfuel use.—The term 'nonfuel use' means a use of
a sulphurous fuel in which no product derived from such fuel is
released into the atmosphere.
[P. 49]
"(14) Supplies for vessels or aircraft.—The term 'supplies
for vessels or aircraft' shall have the same meaning as set forth
in section 4221 (d) (3).
"(b) Registration.—
"(1) Dealer in sulphurous fuel.—Any person who is a
dealer in sulphurous fuel shall be required to register (in accord-
ance with regulations prescribed by the Secretary or his delegate)
for a calendar year if, during any one of the five calendar years
preceding the taxable year, such person—
" (A) purchased, imported or produced sulphurous fuel
containing more than 250,000 million BTU's of heat content, or
"(B) emitted more than 1,000 tons of sulphur into the
atmosphere.
"(2) Producer-User of sulphurous fuel.—Any person who
is a producer-user of sulphurous fuel shall be required to reg:ster
(in accordance with regulations prescribed by the Secretary or his
delegate).
"(3) Emission source.—Any person (other than a proces-
sor) who operates or maintains an emission source during any
calendar year beginning after 1974, shall be required to register
(in accordance with regulations prescribed by the Secretary or
his delegate) on or before January 1 of the succeeding calendar
year.
" (4) Optional registration.—Any person who is a dealer in
sulphurous fuel or a purchaser of sulphurous fuel who establishes
(in accordance with regulations prescribed by the Secretary or
his delegate) that he is capable of measuring the sulphur content
of sulphurous fuel sold or used by him, may register as a dealer
in or purchaser of sulphurous fuel.
" (c) Attribution of Emissions.—For purposes of sections 4892
and 4893, emissions are taxable at the rate applicable to the sul-
phur tax region in which such emissions occur except that any
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GUIDELINES AND REPORTS 2401
emission which is certified by the Administrator of the Environ-
mental Protection Agency to contribute to a violation of the na-
tional ambient sulphur oxides air standards (as prescribed in ac-
cordance with the provisions of section 109 of the Clean Air Act,
as amended and supplemented (42 U.S.C. 1857c-4) in another
sulphur tax region shall be treated as emitted in the other sulphur
tax region if the tax resulting from such treatment is greater.
[p. 50]
"(d) Designation and Classification of Sulphur Tax Regions.—
For purposes of this subchapter—
"(1) Designation.—
"(A) General rule.—Except as provided in subpara-
graph (B), each air quality control region shall be a sulphur tax
region.
"(B) After consideration of petitions from the Gover-
nor of each State having territory within a particular air quality
control region, the Administrator of the Environmental Protec-
tion Agency may divide such region into two or more sulphur tax
regions if he deems such division appropriate. Such petitions shall
be submitted in accordance with regulations prescribed by the
Administrator of the Environmental Protection Agency.
"(2) Classification of sulphur tax regions.—A sulphur tax
region shall be designated by the Administrator of the Environ-
mental Protection Agency for a calendar year as—
" (A) a Class I sulphur tax region if such region is not
designated a Class II or III sulphur tax region,
"(B) a Class II sulphur tax region if the Governor of
the State wherein such region is located demonstrates (in accord-
ance with regulations prescribed by the Administrator of the
Environmental Protection Agency) that there was no violation
of the national primary ambient sulphur oxides air standard with-
in such region on an average basis during the calendar year, or
"(C) a Class III sulphur tax region if the Governor of
the State wherein such region is located demonstrates (in accord-
ance with regulations prescribed by the Administrator of the
Environmental Protection Agency) that there was no violation
of the national primary or secondary ambient sulphur oxides air
standards within such region on an average basis during the
calendar year.
"(e) Measurement of Emissions.—For purposes of sections
4892 and 4893, taxable emissions resulting from the combustion or
processing of sulphurous fuels or the smelting of ores may be
-------
2402 LEGAL COMPILATION—GENERAL
estimated in accordance with regulations prescribed by the Secre-
tary or his delegate in consultation with the Administrator of the
Environmental Protection Agency.
[p- 51]
"(f) Controlled Group of Corporations.—For purposes of this
subchapter, a controlled group of corporations shall be treated as
a single person and the term 'controlled group of corporations'
shall have the same meaning assigned to such term by section 1563
(a) except that 50% shall be in lieu of 80% wherever such per-
centage appears therein.
" (g) Cross Reference.—For penalties and other general admin-
istrative provisions applicable to this subchapter, see subtitle F."
(b) Refunds of the Tax Imposed Upon the Sulphur Content of
Sulphurous Fuels.—Subchapter B of Chapter 65 (relating to rules
of special application) is amended by adding at the end thereof
the following new section:
"Section 6428. Sulphur content of sulphurous fuels exported, sold
to a registered taxpayer or used for nonfuel uses
"(a) General Rule.—The tax paid under section 4891 on the
sulphur content of a sulphurous fuel shall be deemed to be an
overpayment by the person who paid such tax if such fuel is
exported, sold to a registered taxpayer, or used by the ultimate
purchaser for a nonfuel use. The amount deemed to be an overpay-
ment shall be based upon the sulphur content of such fuel at the
time the fuel is exported, sold to a registered taxpayer, or used for
a nonfuel use. The tax paid on the sulphur content of a sulphurous
fuel which has been exported may be refunded to the exporter
thereof, if the person who paid the tax waives his claim to such
amount.
"(b) Condition of Allowance.—No credit or refund of any over-
payment to the person who paid the tax on the sulphur content of
a sulphurous fuel shall be made unless such person establishes,
under regulations prescribed by the Secretary or his delegate, that
he—
"(1) has not included the tax in the price of the fuel with
respect to which it was imposed and has not collected the amount
of the tax from the person who purchased such fuel;
" (2) has repaid or agreed to repay the amount of the tax to
the purchaser or exporter of the fuel; or
" (3) has obtained the written consent of such purchaser or
exporter to the allowance of the credit or the making of the refund.
[p- 52]
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GUIDELINES AND REPORTS 2403
"(c) Definitions.—
"(1) Sulphurous fuel.—As used in this section, the term
'sulphurous fuel' shall have the same meaning as set forth in
section 4894(a) (1).
"(2) Nonfuel use.—As used in this section, the term 'non-
fuel use' shall have the meaning as set forth in section 4894 (a) (13).
"(3) Registered taxpayer.—As used in this section, the
term 'registered taxpayer' shall have the same meaning as set
forth in section 4894 (a) (6).
"(d) Credit Against Tax Imposed by Section 4891.—A credit
may be allowed against the tax imposed under section 4891, which
is due on any subsequent return, for an amount equal to the
payment authorized under this section.
"(e) Exempt Sales.—No amount shall be payable under this
section with respect to the sulphur content of a sulphurous fuel
which the Secretary or his delegate determines was exempt from
the tax imposed by section 4891.
"(f) Regulations.—The Secretary or his delegate may by regu-
lations, not inconsistent with the provisions of this section, pre-
scribe the conditions under which payments may be made under
this section, the amount to which any person is entitled under this
section with respect to any period, or the amount which may be
treated by such person as an overpayment which may be credited
against the tax imposed by section 4891."
(c) Clerical Amendments, etc.—
(1) The table of subchapters for chapter 39 of subtitle D is
amended by adding at the end thereof the following new sub-
chapter :
"Subchapter F. Environmental Quality Taxes".
(2) The table of sections for subchapter B of chapter 65 is
amended by adding at the end thereof the following:
"Sec. 6428. Sulphur content of sulphurous fuels exported, sold
to a registered taxpayer, or used for nonfuel uses."
Sec. 3. State taxation of sulphur content of sulphurous fuels
Nothing in this title or in any other law of the United States
shall prevent the several States from taxing the sulphur content of
[p. 53]
sulphurous fuels.
Sec. 4. Effective date
Except as otherwise expressly provided, the amendments made
-------
2404 LEGAL COMPILATION—GENERAL
by this Act shall take effect on the day after the date of enactment
of this Act.
[p. 54]
BACKGROUND AND DETAILED EXPLANATION—PURE AIR TAX ACT
OF 1972
I. BACKGROUND
A. The Problem of Sulphur Oxides
Sulphur oxides have been identified as one of the major causes
of the health and property damage from air pollution. The Envi-
ronmental Protection Agency estimates damages from sulphur ox-
ides at present levels to be $8 billion annually or about 20 cents
per pound of sulphur, on average.
Sulphur oxides result from the burning and distilling of coal
and oil, the smelting or ores, and other industrial processes. An
estimated 36.6 million tons of sulphur oxides are now emitted each
year. If uncontrolled, annual sulphur oxides emissions will nearly
quadruple, to an estimated 126 million tons by the year 2000. The
problem is serious now and will certainly become worse in the
absence of effective remedial action.
B. Strategies for Controlling Sulphur Oxides
1. Under the Clean Air Act and the 1970 Clean Air Amend-
ments, the Environmental Protection Agency has set air quality
standards (referred to as "ambient" standards in the Clean Air
Act) for sulphur oxides: the national primary ambient air quality
standard is intended to protect health and the national secondary
ambient air quality standard to protect materials and vegetation.
Guidelines have been issued to assist states in developing imple-
mentation plans to meet all national primary air quality stand-
ards, including the standard for sulphur oxides. Under the law,
each state must submit a plan to meet the national primary air
quality standards, and EPA is receiving such plans which are
designed to achieve national primary air quality standards within
three years. Upon approval by EPA of the state plans, the states
must implement these plans by approximately mid-1975. Exemp-
tions from the three-year requirement can be made by the Admin-
istrator of the Environmental Protection Agency only is adequate
control methods are not commercially available or have not been
[p. 55]
available for a sufficient period of time.
-------
GUIDELINES AND REPORTS 2405
2. In his Environmental Message to Congress in 1971, President
Nixon stated:
"Last year in my State of the Union message I urged that
the price of goods 'should be made to include the cost of
producing and disposing of them without damage to the envi-
ronment.' A charge on sulfur emitted into the atmosphere
would be a major step in applying the principle that the costs
of pollution should be included in the price of the product. A
staff study underway indicates the feasibility of such a charge
system.
"—Accordingly, I have asked the Chairman of the Council
on Environmental Quality and the Secretary of the Treasury
to develop a Clean Air Emissions Charge on emissions of
sulfur oxides. Legislation will be submitted to the Congress
upon completion of the studies currently underway."
The work requested by the President has now been completed,
and a bill "To promote the abatement of atmospheric sulphur
pollution by the imposition of a tax on the emission of sulphur
into the atmosphere, and for other purposes" is now being submit-
ted to the Congress.
C. The interaction of the Tax and Regulatory Authority
1. A major role of the sulphur tax is as an aid to enforcement of
the implementation plans for achieving the national primary am-
bient air quality standard for sulphur oxides and as an incentive
to quickly meet the national secondary ambient air quality stand-
ard for sulphur oxides. Under a regulatory system without the
tax, there may be enforcement problems. If there is substantial
debate on technological feasibility or commercial availability of
control equipment, the charge will minimize requests for variances
and lengthy court proceedings.
The sulphur emissions tax reverses current incentives by mak-
ing emissions more expensive than emission control. Control de-
vices are no longer expensive and unprofitable items, to avoid
wherever feasible and to use as little as possible, but are now
productive and profitable investments, to be sought out, developed,
and utilized fully. There is less to be gained by delaying compli-
[p. 56]
ance with standards, and more profit in reducing emissions, when
emissions are expensive. With the emitters' incentives reversed in
this way, the number of enforcement actions by regulatory au-
thorities should be reduced, as should the demand for variances
-------
2406 LEGAL COMPILATION—GENERAL
and delays since variances and delays will cost the emitters money.
The tax will produce much more rapid decreases in emissions,
with much less regulation of individual decision, and with much
less conflict and litigation.
2. A second major role of the tax is to assist in achieving the
national ambient air quality standards for sulphur oxides with
greater economic efficiency. In concept, the states could achieve the
national ambient air quality standards at minimum cost to the
society by requiring greater emission reductions from emitters
whose costs of controlling emissions are low and lesser reductions
where control costs are high. (For example, a 75 percent reduction
in emissions may be achieved by requiring all emitters to reduce
emissions by 75 percent; but the same result may be achieved
more cheaply by having some emitters reduce emissions by only 60
percent and others—whose control costs are low—by 90 percent.)
This advantage may very well prove to be more significant in
meeting the national ambient secondary air quality standard for
sulphur oxides than in meeting the national ambient primary air
quality standard for sulphur oxides.
The difficulty with achieving this optimum outcome is that it is
impossible for a state to know very much about the control costs
of individual emitters; and even if the knowledge were readily
available, there are problems of equity and enforcement. As a
consequence, state implementation plans may require the same
percentage emission reduction from each source or, perhaps, the
use of low sulphur fuels only. Case studies indicate that this ap-
proach can double or triple the costs of meeting the ambient
standards. These unnecessary costs, ultimately borne by consum-
ers, do nothing to improve air quality.
But with the sulphur oxides tax in effect, a lower cost solution
can be obtained. The tax encourages those firms with low control
costs to reduce emissions more, since they have the most to gain in
[p. 57]
tax savings. Those with higher control costs will not make such
large reductions in emissions, but will pay high charges. Com-
pared with a requirement of an equal percentage reduction for all
emitters, the result should be a more efficient pattern of emission
control, which can reduce the cost of meeting the standards.
3. It is important to note that the tax in no way compromises or
vitiates the national ambient air quality standards of the Clean
Air Act. In all cases, the development of effective state regulatory
programs and implementation plans pursuant to the Clean Air Act
-------
GUIDELINES AND REPORTS 2407
will be required to assure that these standards are met. In some
regions, the addition of the charge will obviate the need for a
large number of enforcement actions and ensure compliance with
national ambient air quality standards for sulphur oxides. In other
regions, the charge may be insufficient and if lags in compliance
are encountered, enforcement actions will be required and vigor-
ously pursued to meet the standards.
The sulphur oxides emissions tax has been carefully designed to
complement and strengthen the Clean Air Act and its amend-
ments. The tax does not come into effect until 1976, the year
following the deadline for meeting national primary ambient air
quality standards under the Clean Air Act. Similarly, the tax rate
varies according to the air quality in the air quality control re-
gions defined by the Environmental Protection Agency pursuant
to the Clean Air Act. In regions where the air quality standards
for sulphur oxides are met, no tax will be imposed. In regions
where—for whatever reason—air quality standards for sulphur
oxides are not met, the tax will serve as a continuous enforcement
mechanism which will reinforce regulatory action to bring about
rapid compliance with those air quality standards. Together, the
Clean Air Act and the sulphur oxides emissions tax constitute an
effective and efficient solution to the problem of pollution from
gulphur oxides.
II. OPERATION OP TAX ON EMISSIONS OF SULPHUR INTO THE ATMOS-
PHERE
A. Imposition of Basic Tax on Sales and Emissions
1. In General
[p. 58]
The intention of the sulphur tax is to impose a charge on sul-
phur actually emitted into the atmosphere from the combustion of
fuels, smelting of ores, and other industrial processes in regions
which after 1975 fail to meet national air quality standards for
sulphur oxides.
As to fuels, the technique is to provide a tax on the sulphur
content of fuels intended for use in the designated regions. The
bill provides, however, that fuel sales will be tax free to a buyer
who is "registered." Registration requires, among other things,
the ability to measure sulphur oxides emissions arising from use
of the fuel. Thus, an emitter who establishes that he can provide
measurements of sulphur oxides can buy fuel tax free, but be-
comes subject to tax on the sulphur that escapes into the atmos-
-------
2408 LEGAL COMPILATION—GENERAL
phere. If the buyer has equipment that removes 90 percent of the
sulphur content of the fuel, tax need be paid only on the remaining
10 percent.
Ores always can be purchased tax free regardless of the sulphur
content. Processors of these ores are liable for tax on sulphur
emissions from processing of the ores on the same terms as regis-
tered fuel users.
The rate of tax will depend upon the classification of the air
quality control region in which the emissions occur. Air quality
control regions are classified as Class I (violation of national
primary ambient sulphur oxides air standard), Class II (national
primary sulphur oxides standard is met, but national secondary
sulphur oxides standard is violated), or Class III (both national
primary and secondary sulphur oxides standards are met). Since
the quality of the air is lowest in Class I regions, higher in Class
II, and highest in Class III, the tax rate is highest in Class I (15
cents per pound), lower in Class II (10 cents per pound), and zero
in Class III. The tax will be imposed on taxable sales and emis-
sions beginning with the calendar year 1976.
2. Sales of sulphurous fuel
(a) Taxable sales. The tax on sales is imposed on sales of
"sulphurous fuels." This term is defined as any natural or manu-
factured substance, in a raw state or after processing, which con-
tains at least one-tenth of a pound of sulphur (in elemental or
[p. 59]
compound form) per million BTU's of heat content. Only sales by
persons who are "registered taxpayers" will be subject to the tax.
Under the bill, registration (with the Secretary of the Treasury or
his delegate) will be required of most dealers in sulphurous fuel,
all "producer-users" of sulphurous fuel, and all persons who oper-
ate, during 1974 or later years, an emission source which is de-
fined as a "point source" of sulphur oxides emissions (within the
meaning of regulations prescribed by the Secretary of the Treas-
ury or his delegate in concurrence with the Administrator of the
Environmental Protection Agency).
A dealer in sulphurous fuel means a person who customarily
purchases, produces, or imports sulphurous fuel in amounts ex-
ceeding 100,000 million BTU's of heat content per year and cus-
tomarily sells at least 25 percent of such fuel. (For all purposes
under the bill, production of a fuel includes extraction of fuel
from a natural deposit, as well as the manufacture of a fuel using
-------
GUIDELINES AND REPORTS 2409
natural or manufactured materials.) Such persons as oil well oper-
ators and coal mine operators would be included in this category,
i.e., persons who are primarily suppliers of sulphurous fuels. Even
though a purchaser, importer, or producer meets this definition of
a "dealer," registration is required only if the dealer, during any
one of the five calendar years immediately preceding the current
calendar year, (i) purchased, imported, or produced sulphurous
fuel containing more than 250,000 million BTU's of heat content,
or (ii) emitted more than 1,000 tons of sulphur into the atmos-
phere.
A "producer-user of sulphurous fuel" is defined in the bill as
any person who customarily produces or imports sulphurous fuel
in amounts exceeding 100,000 million BTU's of heat content per
year, at least 75 percent of which is used by such person. Included
in this category are companies or power plants which own their
own oil wells or mines, or import sulphurous fuels, primarily for
their own use, but whose use is not sufficient to cause them to be
classified as emission sources. Persons in this category must regis-
ter since the fuel they use will not have been previously taxed.
In addition to these taxpayers who are required to register
[p. 60]
under the bill, any other person who is a dealer in sulphurous fuel,
as defined above, or a "purchaser of sulphurous fuel" (a person
who customarily purchases fuel in amounts exceeding 100,000 mil-
lion BTU's of heat content per year and uses at least 75 percent of
such amount) may, at his option, register, provided that such a
dealer or purchaser establishes that he is capable of measuring the
sulphur content of sulphurous fuels sold or used by him. Presuma-
bly, optional registration will be used by persons whose use of
sulphurous fuels is too small to require registration, but who will
remove sulphur from fuel prior to use or sale.
(b) Rate of tax. The rate imposed on sales of sulphurous fuels
is determined according to the "sulphur tax region" in which the
fuel sold is destined for ultimate use. Initially, the sulphur tax
regions will be the 247 air quality control regions already defined
by the Environmental Protection Agency pursuant to the Clean
Air Act. Recognizing that imposition of the tax may be inequitable
if it can be demonstrated that one or a few emitters are responsi-
ble for the region's tax classification and that the ambient stand-
ards for sulphur oxides are violated in only a portion of that
region, the bill provides that the governor of a state having terri-
tory within a particular air quality control region may petition to
-------
2410 LEGAL COMPILATION—GENERAL
have the region subdivided into two or more sulphur tax regions.
The Administrator of the Environmental Protection Agency will
make the determination on granting such petitions.
The Administrator of the Environmental Protection Agency
will be charged with the responsibility of classifying each sulphur
tax region for purposes of the tax. If he finds, on petition of the
governor, that there was no violation of the national primary or
secondary ambient sulphur oxides air standards (as prescribed in
accordance with the provision of section 109 of the Clean Air Act,
as amended and supplemented (42 U.S.C. 1857c-4)) within a
region on an average basis during the calendar year, the region
will be classified as a Class III sulphur tax region. If the Adminis-
trator finds there was no violation of the national primary am-
bient sulphur oxides air standard within such region on an aver-
[p.61]
age basis during the calendar year, but there was violation of the
secondary standard, the region will be classified as a Class II
region. If the Administrator finds that both the national primary
and secondary ambient sulphur oxides air standards have been
violated within the region on an average basis during the calendar
year, the region will be classified as a Class I sulphur tax region.
The rate of the basic tax is determined by the classification of
the region for the year preceding the year in which the taxable
sale takes place. With the air standards based upon annual aver-
ages, the preceding year's classification is used so that taxpayers
will know the rate of tax being incurred on sales and emissions
during the current year. Fuel sold for ultimate use in a sulphur
tax region classified as a Class I region for the preceding year will
be subject to a tax of 15 cents per pound of sulphur contained
therein. Fuel sold for use in a region classified as a Class II region
for the preceding year will be taxed at a rate of 10 cents per
pound of sulphur contained therein. The basic tax is not imposed
on sulphurous fuel sold for ultimate use in a region classified as a
Class III region for the preceding year.
(c) Exemptions. The primary exemption from the tax on sales
of sulphurous fuel is the exemption for sales to other registered
taxpayers. This will permit deferral of the tax until the fuel is
sold to an unregistered taxpayer, or is ultimately used by the
registered taxpayer, at which time the sulphur actually emitted
into the atmosphere will be taxed. Thus a registered taxpayer will
not be taxed on sulphur which he removes from fuel prior to its
-------
GUIDELINES AND REPORTS 2411
sale or use. Sales of fuel to unregistered taxpayers must be taxed
since such persons are users of relatively small quantities of sul-
phurous fuel and may be presumed not to have the facilities to
measure and monitor emissions.
Exemptions from the tax on sales of sulphurous fuel are also
provided for sales for non-fuel use, for use in motor vehicles, for
use as supplies in vessels or aircraft, and sales for export. The
exemption for exports is granted only if the seller receives proof
that the fuel sold was in fact exported within six months after the
[p. 62]
date of the sale (or, if earlier, the date of shipment by the seller).
3. Floor stocks tax
A floor stocks tax is imposed under the bill if a person ceases to
be a registered taxpayer. This tax is imposed on the sulphur con-
tent of sulphurous fuel held by such taxpayer on the date he ceases
to be a registered taxpayer, providing that such content exceeds
2,000 pounds. The rate of tax is determined as though he had sold
such floor stocks on such date for ultimate use in the sulphur tax
region where such floor stocks were then located.
The floor stocks tax prevents a person who ceases to be a regis-
tered taxpayer from using sulphurous fuel without incurring a
tax, since as a registered taxpayer the fuel would have been pur-
chased tax free.
4. Sulphur Emissions
Under the bill a tax is imposed upon sulphur emitted into the
atmosphere by a registered taxpayer or a "processor." A "proces-
sor" is defined as an emission source which would not be classified
as such solely by reason of its sulphur oxides emissions derived
from the combustion or distillation of sulphurous fuel. This would
generally include operations such as smelters and sulphuric acid
plants.
As in the case of the tax on sales of sulphurous fuel, the rate of
tax on emissions is dependent upon the classification of the sul-
phur tax region in which the emissions occur for the year preced-
ing the year in which the taxable emissions occur. The rate will be
15 cents per pound of sulphur emitted into the atmosphere in a
region which was a Class I region for the preceding year, and 10
cents per pound in a region which was a Class II region for the
preceding year. The basic tax on sulphur emissions does not apply
-------
2412 LEGAL COMPILATION—GENERAL
to emissions in a region classified as a Class III region for the
preceding year.
The bill provides that taxable emissions resulting from the com-
bustion or processing of sulphurous fuels or smelting of ores may
be estimated in accordance with regulations prescribed by the
Secretary of the Treasury or his delegate in consultation with the
Administrator of the Environmental Protection Agency.
Although the rate of tax on emissions (including the rate under
[p.63]
the additional tax on sulphur emissions described below) is nor-
mally determined by the sulphur tax region in which the emissions
occur, the bill provides that the Administrator of the Environmen-
tal Protection Agency may certify that an emission contributes to
a violation of the national ambient sulphur oxides air standards in
another sulphur tax region. In the event of such a certification,
such sulphur emissions shall be taxed as though emitted in the
region designated by the Administrator if the tax resulting from
such treatment is greater than the tax which would otherwise be
imposed under the bill.
B. Imposition of Additional Tax on Sales and Emissions
In addition to the taxes on sales of sulphurous fuels and on
sulphur emissions, the bill imposes a tax on increased sales and
emissions by a taxpayer in a sulphur tax region when such in-
crease is coupled with increased sulphur pollution in that region
over the preceding year. This additional tax is designed to prevent
taxpayers from increasing sales of sulphurous fuels or sulphur
emissions secure in the knowledge that their tax would be low (or
there would be no tax) because the region carried a low sulphur
pollution classification during the preceding year, the rate of basic
tax on sales and emissions being determined from the classifica-
tion of the region in such preceding year. In such a case the
additional tax would be applicable to increased sales and emissions
in the current year if the region's classification has deteriorated.
The additional tax is imposed on the increase in the number of
pounds of sulphur contained in sulphurous fuel sold for use in, and
emitted into the atmosphere in, a sulphur tax region by a regis-
tered taxpayer or a processor during any calendar year after 1975,
over the "net base pounds of sulphur" for the preceding year. The
term "base pounds of sulphur" is defined as the total number of
pounds of sulphur contained in sulphurous fuels sold for use in
and emitted into the atmosphere in that sulphur tax region by that
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GUIDELINES AND REPORTS 2413
taxpayer during a calendar year. The term "net base pounds of
sulphur" means the base pounds of sulphur, increased by transfers
of base pounds from and decreased by transfers of base pounds to
other taxpayers in the same region.
[p. 64]
Since the additional tax applies only to increases in sales or use
in a given region, it is necessary for the bill to allow transfers of
base pounds (which operate as an exemption from the additional
tax) within a given region to cover such situations as the merger
of two companies in that region or the sale by one company of its
business in that region to another company in that region. In
these situations, it is appropriate to allow the exemption from the
additional tax to pass to the surviving company, while preventing
the other company from receiving that exemption. This is accom-
plished in the bill by allowing the purchasing or surviving com-
pany to increase its own base pounds by the selling of merged
company's base pounds, and requiring the selling or merged com-
pany to decrease its base pounds by the same amount.
In addition, the allowance of transfers of base pounds permits a
company whose business may decline in that region for a particu-
lar year to transfer its base pounds to another company in that
region whose business might increase. This is appropriate since
the additional tax operates on the overall increase in sulphur ox-
ides pollution in a given region.
The rate of the additional tax is dependent upon the change in
classification of the particular sulphur tax region. Thus, the tax on
the increase is five cents per pound of sulphur contained in sulphu-
rous fuel sold for ultimate use in, or emitted into the atmosphere
in, a sulphur tax region which was a Class II sulphur tax region
for the preceding calendar year and is a Class I sulphur tax region
for the current calendar year (i.e., the year of sales or emissions).
The rate of tax on the increase is 10 cents per pound if the
sulphur tax region has moved from a Class III region for the
preceding calendar year to a Class II region for the current calen-
dar year. Finally, a rate of 15 cents per pound on the increase is
imposed if the region has moved from a Class III sulphur tax
region for the preceding calendar year to a Class I sulphur tax
region for the current calendar year.
C. Refunds and Credits
The bill contains provisions for refund or credit of the tax
where, following a taxable sale of sulphurous fuel, a non-taxable
[p. 65]
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2414 LEGAL COMPILATION—GENERAL
sale or use of the fuel occurs. Thus, the bill provides for a refund
or credit to the person who paid the tax if fuel is subsequently
exported, sold to a registered taxpayer, or used by the ultimate
purchaser for a non-fuel use. The amount of any overpayment is
based upon the sulphur content of the fuel at the time of the
subsequent exportation, sale to a registered taxpayer, or use for a
non-fuel purpose.
No refund or credit is available unless the person who paid the
tax establishes one of three conditions: (1) that he has not in-
cluded the tax in the price of the fuel with respect to which it was
imposed, and has not collected the amount of the tax from the
person who purchased such fuel; (2) that he has repaid or agreed
to repay the amount of the tax to the purchaser or exporter of the
fuel; or (3) that he has obtained the written consent of the pur-
chaser or exporter to the allowance of the credit or the making of
the refund.
[p. 66]
RECYCLING WASTES
[p. 67]
RECYCLING WASTES
Solid wastes present a growing environmental problem, result-
ing in unsightly open dumps and air and water pollution. Much of
the growth is due to increased consumption while the percentage
of material that is reused or recycled has decreased.
The Resource Recovery Act of 1970 recognizes the importance
of recycling. It provides authority to develop and demonstrate
recycling technology and provides for studies of secondary mar-
kets and economics. Studies to date indicate that improved eco-
nomics is a key element to increased recycling. Without improved
economics, dumping and burning will continue to be cheaper than
recycling, and waste use will be more expensive than virgin mate-
rials use. In addition to improved economics, private sector in-
volvement must be stimulated. Recycling requires the operation
and management of sophisticated equipment and the efficient mar-
keting of the recovered wastes. The private sector's marketing and
management expertise must be effectively utilized if recycling is to
flourish.
THE PRESIDENT'S PROPOSAL
The President announced that the Treasury Department is clar-
ifying the availability of tax exempt industrial development bonds
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GUIDELINES AND REPORTS 2415
for recycling facilities. This will allow private firms to utilize
these bonds to finance facilities to recycle their own wastes and
municipal wastes.
This clarification will assure that recycling is provided the same
incentive as the more traditional disposal concepts. Most impor-
tant, it will allow more economic recycling operations and offer an
economic incentive for industry to use its expertise to help solve
municipal solid waste disposal problems.
[P. 69]
Integrated Pest Management
[p. 71]
Over the past several decades there has developed an increasing
reliance on the exclusive use of chemicals to control pests. The use
of chemical pesticides has helped to alter farming practices, to
increase agricultural and forest production significantly, and to
protect man from disease. Yet, it is becoming ever more apparent
that adverse environmental effects often are associated with chem-
ical pest control programs. These include occupational health
problems, pest resistance, pesticide persistence, residue biomagni-
fication, secondary pest outbreaks, and other ecological disrup-
tions.
Recognizing these difficulties, the President in February 1971,
transmitted to the Congress a comprehensive proposal to regulate
the use of chemical pesticides, the Federal Environmental Pesti-
cide Control Act of 1971. The proposal still awaits final Congres-
sional approval, although the House has passed H.R. 10729, which
contains many of its essential features.
The President is now initiating a series of actions to develop
and implement alternative means of pest control that will allow
sustained high levels of crop productivity while minimizing the
adverse effects associated with use of chemical pest controls. This
involves the use of integrated pest management, an approach
based on the maximum use of natural pest population controls
combined with the judicious use of selective chemical pesticides,
biological controls, pest pathogens, and other pest control prac-
tices, as needed. The objective is control of pest population levels
rather than complete pest eradication. Integrated pest manage-
ment offers the promise of improved agricultural production, more
effective pest control, and minimum adverse environmental im-
pact, all at significantly reduced costs.
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2416 LEGAL COMPILATION—GENERAL
The President's Proposals
The President has directed the Department of Agriculture, the
National Science Foundation, and the Environmental Protection
Agency to expand the present broad base of Federally sponsored
pest control research by initiating immediately a $3.5 million per
[p. 73]
year integrated pest management research and development pro-
gram. In the initial years this innovative program will involve
extensive research by a number of universities to develop new field
applications of integrated pest management on six major crop
ecosystems: citrus, cotton, pine, pome and stone fruit, soybeans,
and alfalfa.
The President has directed the Department of Agriculture to
conduct extensive field tests of promising new methods of pest
detection and control. This will require $800,000 in the remainder
of the current fiscal year and $2.8 million per year beginning in
fiscal year 1973 to test the feasibility of ideas resulting from
current research programs.
The President has further ordered a review of all Federal pest
control programs to determine which may incorporate or test new
pest management techniques.
To stimulate the use of integrated pest management and to
encourage the development of career opportunities in this field, the
President has directed the Department of Agriculture, the Depart-
ment of Health, Education, and Welfare, and other relevant agen-
cies to cooperate in the development of training programs at ap-
propriate academic institutions throughout the country. In addi-
tion, the Department of Agriculture has been instructed to estab-
lish guidelines for State certification of private crop protection
specialists offering professional pest management services to
farmers.
The President has authorized the Department of Agriculture to
expand its pilot crop field scout program to cover nearly 4 million
acres under agricultural production in the coming growing season.
This program involves the training and employment of 2,000 high
school and college students to monitor pest levels on approxi-
mately 2,000 acres apiece throughout the growing season. The
scouts will help determine when pest populations reach levels
which require a pesticide application to prevent economic damage
to the crop. Through this program many unnecessary pesticide
applications can be eliminated. USDA will carry out this program
[p. 74]
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GUIDELINES AND REPORTS 2417
on a cost-sharing basis for a 3-year period, whereupon it is ex-
pected that the program will be self-sufficient. This will allow new
crops to come under the program in the following years.
To prevent hazardous exposures of agricultural workers to di-
rect pesticide applications or contaminated surfaces, such as
sprayed foliage, the President has directed the Departments of
Labor and Health, Education, and Welfare to develop worker pro-
tection standards and regulations under the Occupational Safety
and Health Act.
[P- 75]
[pp. 76-222 not directly related to EPA]
UNITED NATIONS FUND FOR THE ENVIRONMENT
[p. 221]
The United Nations Conference on the Human Environment, to
be held in Stockholm, Sweden, in June of this year, will mark an
important forward step in cooperative international efforts to deal
with environmental degradation in all parts of the world.
Many aspects of international environmental problems will be
examined at the Conference, particularly problems that are inher-
ently international, such as monitoring and reducing pollutants in
the earth's oceans and atmosphere and dealing with the interna-
tional trade effects of national pollution control programs. The
Conference should lead to needed international arrangements for
environmental protection programs and for coordination of efforts
among existing international organizations.
THE PRESIDENT'S PROPOSAL
In order to help provide the United Nations with increased
capabilities for environmental protection activities following the
Stockholm Conference, the President has proposed that a volun-
tary United Nations Fund for the Environment be established,
with an initial funding goal of $100 million for the first five years.
As programs are undertaken, member nations may decide that
additional resources are required. If such a Fund is established,
the President will recommend to the Congress that the United
States commit itself to provide its fair share of the fund over the
5-year period. The President has invited other nations to join the
United States in this commitment to meaningful action.
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2418 LEGAL COMPILATION—GENERAL
New machinery will be required within the United Nations to
accordinate ongoing environmental activities and to administer
the Fund. The Stockholm Conference could make a recommenda-
tion as to the nature of such machinery to the United Nations
General Assembly for adoption at its 27th session in the fall of
1972.
[p. 223]
6U.S. GOVERNMENT PRINTING OFFICE: 1974 0—466-441
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U.S. Environmental Protection Agency
r, V, Library
c-outh Dearborn Street ^.X
Illinois 60504 x'
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