THE FEDERAL WATER POLLUTION-CONTROL"PROGRAM* by Paul J. Traina** It is a pleasure to be with you today. Your Chairman has been most kind in his introduction and, as he noted, I am associated with the Federal Water Pollution Control Administration,. This is one of the newest of the federal agencies and was born out of the Public Health Service's Division of Water Supply and Pollution Control last January by Congressional action. In May of this year, the President went one step further and transferred this newly created agency from the Department of Health, Education, and Welfare to the Department of the Interior where we are presently located. However, never let it be thought that we are "Johnny-come-Latelies." In one guise or another, the Division of Water Supply and Pollution Control of the Public Health Service was actively engaged in pollution control activities for 17 years before it was transferred "bag and baggage" to create the new Administration. This reorganization and elevation of the Federal program reflect the attention now being given to water pollution nationally. Your meeting today, as well as countless others around the country with the same theme, further emphasizes this. Today our country is "clean water conscious" and all of us in this field have been given a charge not only to clean up our" dirty waters but to assure that our clean waters remain that way. " Presented to the Alabama Section, American Society of Civil Engineers, Mobile, Alabama, on December 2, 1966. ** Director, Technical Assistance, Southeast Water Laboratory, Federal Water Pollution Control Administration, Southeast Region, U.S. Department of the Interior, Athens, Georgia. ------- 2 As civil engineers, a large part of this job will fall on us. We should be aware of the magnitude of water pollution and the resources that are available to attack it. In this regard it may be helpful to first review the history of federal legislation in this field and then discuss the various provisions of the law. At the outset it should be understood that pollution control can best be effected at the local level. Here is where the problems are and here the decisions must be made in solving the problems. The federal role in water pollution control is one of providing national leadership and technical support and financial assistance to get the job done. Later in your program you will hear from a representative of the Alabama Water Improvement Commission, the agency primarily responsible for pollution control in this State. It is in cooperation with this agency that our federal programs are administered in Alabama. Prior to 1948, water pollution control legislation at the federal level was quite limited. There were obscure sections in three acts relating to the dumping of refuse into navigable waters, the control of the discharge of oil into coastal waters, and studies of stream pollution as related to disease. The first two functions were administered by the U.S. Army Corps of Engineers and the third by the U.S. Public Health Service. Federal water pollution legislation was introduced in 1936, 1938, and 1940 but failed to pass. In 1948, however, the first federal water pollution control legislation was enacted by the Congress. Admittedly, it was experimental and limited to a trial period of five years.... though subsequently extended to 1956. ------- 3 In 1956, after long deliberation, the Congress enacted the first permanent, comprehensive Federal Water Pollution Control Act. Among its provisions were grants to assist states in their water pollution control activities.... grants of 50 million dollars a year for assistance in constructing municipal sewage treatment works....and a firmer federal enforcement procedure against interstate pollution. This law was further expanded in 1961 when the enforcement provisions were strengthened....increased federal assistance to municipalities was provided....comprehensive river basin planning for water quality control was more fully funded....and recognition was given to research needs by authorizing accelerated activities and funds. In 1965, the Federal Act was again amended. Referred to as the Water Quality Act of 1965, the amendments were designed to improve the administration of the present law....to establish a basis for adoption of water quality standards for interstate waters....to provide grants for research and development in connection with the separation of storm and sanitary sewers....and to increase the grants for waste treatment works. And finally, just last month, the Congress passed and the President signed the Clean Water Restoration Act of 1966 which further expands and adds a number of new provisions to the Federal Water Pollution Control Act. This, then, is the history of the federal legislation to date: Born in 1948; made permanent with the basic act of 1956; and three times amended in the last six years. (It is also interesting to note that, along with federal legislation, no less than 30 states, through their legislatures voted improved water pollution control laws last year.) What are the provisions of the present Federal Water Pollution Control Act.... the tools, so to^speak.... that we have to work with? Let's look at some of them. ------- 4 First, we have a federal program of new status and stature vested in the Federal Water Pollution Control Administration. Water pollution control is now in a much bette^r position to work effectively with the numerous other agencies of the Department of the Interior such as the U.S. Geological Survey and the U.S. Fish and Wildlife Service that have important interests in water....and we expect that our excellent past relationships with other government agencies such as the Corps of Engineers and the Department of Agriculture will be enhanced by this new position. The law provides for the development of comprehensive programs for eliminating or reducing the pollution of interstate waters and their tributaries and improving the sanitary condition of surface and underground waters. Data are collected on the physical, chemical, and biological characteristics of the waters of the basin; and, together with information on the water uses, waste loads, and economic and demographic projections, a basin plan is developed that recommends the best course to pursue in water quality management over a period extending up to 50 years. These plans provide a basis upon which public officials can make policy decisions involving water pollution control. At the present time there are 14 such studies underway in the country. One of them, the Southeastern Comprehensive Water Pollution Control Project, serves Alabama. This Project, headquartered in Atlanta, began in October 1963, and is presently collecting, analyzing, and interpreting physical and economic data for the three-state area of Alabama, Georgia, and Mississippi and the northern portion of Florida. Its findings for the Alabama basins are due by July 1969. ------- 5 An important tool for comprehensive water quality management was included in the 1961 amendments--the requirement that federal reservoir planning include consideration of water storage for regulating stream flow for the purpose of water quality control. Our agency works with the U.S. Army Corps of Engineers and the Bureau of Reclamation in-carrying out this responsibility. The 1966 amendments added yet one more tool to comprehensive planning for water pollution control. Federal grants are authorized to pay up to 50 percent of the administrative expenses of a planning agency for a period of three years for developing effective comprehensive water quality control and abatement plans for entire river basin. Such an agency must have adequate representation of appropriate state, interstate, and local interests in the basin. Research has always been part of the federal program and, under the recent amendments, is going forward at an accelerated pace. The Cincinnati, Ohio facility, together with new regional laboratories at Fairbanks, Alaska, Corvallis, Oregon, Ada, Oklahoma....and to serve your own area....Athens, Georgia, are now operational. Research on advanced waste treatment, residue pollution, stream assimilation, and other pertinent areas are being carried out at these facilities. At the Southeast Water Laboratory in Athens, we will have a complement of over 150 persons, including technical and scientific skills, plus supporting personnel, when we are fully staffed next year. Included in the public's three-million-dollar investment will be one of the finest analytical . laboratories in the nation....and two environmental chambers that will be the largest in the world. With these chambers we will, in essence, ------- 6 bring nature indoors and control it at our will to solve water pollution problems and define relationships that cannot be done in the field. In addition to research, the Athens Lab maintains programs of technical assistance, pollution surveillance, and training which will serve the specific needs of the Southeast. The 1966 amendments to the Water Pollution Control Act authorized a three year study of estuaries to define pollution problems and recommend a comprehensive national program for estuarine preservation, use, and development. Our technical assistance staff has already begun such a study in Tampa Bay, Florida. In addition to in-house research, the law provides grants and fellowships for research, training, and demonstration. These are awarded to public or private agencies, institutions, colleges and universities, and in some cases to individuals. Added by the 1965 amendments were demonstration grants to state or municipal agencies to assist in the development of new or improved methods of controlling pollution from storm sewers or combined storm and sanitary sewers. Twenty million dollars per year was authorized for this purpose. Also, for the first time, the 1966 amendments authorized research and demonstration grants in the amount of 20 million dollars per year to assist in the prevention of industrial waste pollution. Grants to state and interstate agencies to assist them in meeting the costs of operating their programs have long been a part of the federal legislation. The 1966 amendments doubled the authorization for this purpose from 5 million dollars to 10 million dollars per year. State allocations are determined under a formula which considers population, the extent of the water pollution problem, and the financial need of the respective states. ------- 7 Since the program began, Alabama has received a total of 840,378 dollars in federal grants for this purpose. Since 1956 the federal program has provided grants to aid in the construction of municipal waste treatment facilities. This program can be considered as one of the essential tools....the "brick and mortar" approach.... to pollution control. It began with an annual authorization of 50 million dollars and individual grants were limited to 30 percent of project cost or 250 thousand dollars, whichever was the smaller. Under this assistance program, construction of facilities increased from about 266 million dollars a year in 1956 to 430 million dollars in 1961. While this had very beneficial effects in abating municipal pollution, it did not go far enough. The 250 thousand dollar limitation was of small aid in the large metropolitan projects and the statutory formula for allotting funds among the states did not consider the great variation in their water pollution problems. The 1961 amendments (1) authorized gradually increasing appropriations up to 100 million dollars for fiscal years 1964 through 1967; (2) increased the 30 percent grant limitation to 600 thousand dollars for a one-community project, and to 2.4 million dollars for a multi-community facility; and, finally, (3) permitted reallocation of unused state allotments to states having approved projects awaiting funds. From 1961 to 1964 annual construction levels rose from 430 million dollars to 600 million dollars. While these levels are impressive, we still have a long way to go. As of January 1, 1966, there was a national backlog of over 5000 needed projects which will cost an estimated 1.8 billion dollars. To eliminate this backlog before 1970, replace obsolete treatment works, and provide for ------- 8 the continuing population growth in our urban areas, will require an average expenditure of over 800 million dollars per year for waste treatment works. Rising construction costs increase this figure to 865 million dollars. The Water Quality Act of 1965, and especially the just-passed Clean Water Restoration Act of 1966, have greatly increased this program. The 1965 law authorized annual appropriations of- 150 million dollars per year for 1966 and 1967....the 1966 law authorizes 450 million dollars, 700 million dollars, 1 billion dollars, and 1.25 billion dollars, respectively, for fiscal years 1968 through 1971. The 1966 law eliminates all dollar ceilings on projects and again authorizes a 30 percent federal grant. Further, the 1966 law authorizes a 40 percent Federal grant if the state agrees to pay 30 percent of che cost of all projects receiving Federal grants. A 50 percent Federal grant is authorized if the state agrees to pay at least 25 percent of the project cost and has established enforceable water quality standards for the project's receiving stream. The law also provides a 10 percent grant increase for projects certified to be in conformance with a comprehensive, metropolitan or regional development plan. Thus, under optimum conditions, a municipal sewage treatment facility can receive in both Federal and state grants as much as 85 percent of the project costs. In addition to our FWPCA program, there are several other federal programs designed to assist in the planning and/or construction of treatment facilities. These are included in the Appalachian Act; Consolidated Farmers Home Administration Act; Housing and Urban Development Act; and the Public Works and Economic Development Act. Since 1956 there have been approximately 130 offers of Federal grants to Alabama communities totaling some 18 million dollars. This has resulted in a total expenditure for municipal waste treatment works in the State of over 77 million dollars. In addition, grants have been made under several ------- of the other federal programs which have totaled over 5 million dollars. Enforcement under the Federal Water Pollution Control Act covers pollutional interferences with any legitimate water uses. Its application is mandatory at the request of a governor, a state water pollution control agency, or a municipality, in whose request the governor and state agency concur, when the pollution crosses state lines to the detriment of the health or welfare of persons in the receiving state. Enforcement action must also be taken by the federal government without such request when on the basis of reports, surveys, or studies, such inimical interstate pollution is found to be occurring or when substantial economic injury results from the inability to market shellfish in interstate commerce because of pollution. Enforcement procedures may also be applied to abate intrastate water pollution upon the request of the governor of the state in whose jurisdiction the pollution is occurring. The federal authority is asserted in three distinct stages: (1) the conference, (2) the public hearing, and (3) court action. Steps 2 and 3 are taken only if the one preceding is unsuccessful in securing compliance with recommended abatement measures. Throughout the procedures, state action to abate the pollution is encouraged and is not displaced by federal action until the court has issued an order and assumed jurisdiction in the final step of the procedures. State and federal interests are thus fully coordinated. The conferences are presided over by a chairman representing the Secretary of the Interior; the conferees represent the Federal Water Pollution Control Administration and the involved states. To date some 40 enforcement actions have been initiated under the federal law. ------- One of the recent cases was at Lake Tahoe in California and Nevada. It is unique in that it deals with a situation in which the greatest damages to the water are potential....not yet present....but nevertheless urgent. Excess nutrients draining to the lake are accelerating the natural aging processes in this recreational body of water. While it is much easier and cheaper to stop pollution damages before they occur, it is sometimes more difficult than usual, as we found there, to make the general public and local officials understand pollution problems that are not yet visible. The establishment of water quality standards has been consistently recognized as a requisite to effective pollution control programs. Not until the Water Quality Act of 1965, however, were water quality standards required by federal law. Under the Act, the states have the first opportunity to define and set their water quality standards in interstate waters. If they fail to do so satisfactorily, the Federal Government must step in and do the job for the state. All fifty of the states have filed letters of intent to set their water quality standards, as required, by July 1, 1967, and at the same time assert their plans for implementing and enforcing the standards. Immediately after the transfer of the pollution control responsibility to the Department of the Interior, Secretary Udall issued formal guidelines which express the spirit and purpose of the water quality standards requirement. The guidelines quote the legislative history extensively and make quite clear that the standards must be a tool for improving water quality, never an excuse or a cover for delay or inaction. ------- 11 The establishment of water quality standards will mean that, for the first time, we will be able to prevent pollution before it occurs, not merely act to abate it after the damage is done. Over the next several months your state water pollution control agency will be-holding public hearings to develop a just and equitable set of water quality standards for Alabama's interstate and coastal waters. I am sure they will expect to hear from all the water-use interests.... industry, agriculture, recreation, fish and wildlife, water supply, public health, etc....and I urge you to participate fully. Finally, the law also recognizes the responsibility of all federal agencies to provide leadership in preventing or controlling pollution from their installations. In July 1966 the President issued Executive Order 11288 which very clearly outlined the steps which all federal agencies must take to abate pollution from their installations. The FWPCA is working closely with these agencies in planning and reviewing their water pollution control programs. These, then, are briefly the major provisions of the Federal Water Pollution Control Act as it presently exists. As you can see, there are many legislative tools available to meet our national goal of clean water. But tools without the people to use them are useless. As civil engineers working in either the public or private sector of the economy, you have much to contribute to this program. Your collective knowledge and experience touch on many, if not all, of the activities I have discussed. Indeed, without your active support of and engagement in this program, the struggle for clean water would be severely curtailed if not completely halted. We know you are equal to the task. Thank you. ------- |