RECONVENED FIRST SESSION




               0? THE




        CONFERENCE




          IN TPIE MATTER OF




POLLUTION OF THE NAVIGABLE WATERS OF




  GALVESTON BAY AND ITS TRIBUTARIES
               he in at






            Houston, Texas



          November 2-3, 1971
     TRANSCRIPT OF PROCEEDINGS

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               CONTENTS
                                              PACE
Opening Statement  -  Mr.  Stein	

VI. H. Brown

T. P. Gallagher	  12

R. A. Vanderhoof

K. Ozmore-
Hon.  Bob Eckhardt (read bv Keith Ozmore)

Hon.  R. Braun	

L, A. Greene, Jr.

E. Palk			151

Mrs,  B. E. BremberE	 155

S. Stewart

'.;'. Ta.y 1 L r

Mrs.  J. Gi'over

Working Papers	 18?

Or. J. Preslock	279

R. c. Sutter	 310

~)r. W. A.  Qjebedeaux, Jr.

Mrs.  D. Cherry

Executive  Sen a ion

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          The reconvened first session of the conference; In

 he matter of pollution of the navigable waters of Galveston

 ay and its tributaries waa held at the Shamrock Hilton Hotel,

 >uston, Texas, November 2-3, 1971, commencing at 9:30 o'clock.



 'RESIDING:
     Mr. Murray Stein
     Chief Enforcement Officer - Water
     U. S. Environmental Protection Agency
     Washington, D. C.
CONFEREES:
     Mr. R. A. Vanderhoof
     Director of Water Programs, Region VI
     U. S. Environmental Protection Agency
     Dallas, Texas

     Mr. Hugh C. Yantis
     Texas Water Quality Board
     Houston, Texas
PARTICIPANTS:
     Representative Rex Braun
     Texas House of Representatives
     HarrKs County, Houston,  Texas

     Mrs.  Bruce E.  Bremberg
     Environmental  Quality Chairman
     League of Women Voters
     Dickinson, Texas

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PARTICIPANTS (Continued):

     William R.  Brown, General Counsel
     Houston Lighting and Power Company
     Houston, Texas

     Mrs.  Don Cherry, President
     League of Women Voters of the Bay Area

     The Honorable Bob Eckhardt
     U.  S. House of Representatives
     Washington, D. C.
     (Read by Keith Qzmore, Environmental Assistant)

     Edward Falk, President
     Clear Creek Basin Authority
     Pasadena, Texas

     Thomas P. Gallagher, Director
     Division of Field Investigations
     Denver Center, EPA,  Region VIII
     Denver, Colorado

     L.  A. Greene, Jr., Vice President
     Help Eliminate Pollution, Inc.
     Houston, Texas

     Mrs.  James  Orover
     Environmental Ouality Chairman
     League of Women Voters of Houston
     Houston, Texas

     Keith Ozmore, Environmental Assistant
     to  the Honorable Robert C.  Eckhardt, U.  S.
     Congressman from the Eighth District of  Texjas
     Houston, Texas

     Dr.  James Freslock,  Chairman
     Water Quality Control Committee
     Help  Eliminate Pollution,  Inc.
     Houston, Texas

     Dr. Walter  A.  Ouebedeaux,  Jr.
     Director, Harris County Pollution
     Control  Department
     Pasadena, Texas

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                                                      3 -A
PARTICIPANTS (Continued):

     Sharron Stewart
     Executive Board
     Citizens Survival Committee, Inc.
     Angleton, Texas

     R. C. Sutter
     Vice President of Technology
     Diamond shamrock Chemical Company
     Cleveland, Ohio

     Will Taylor
     Executive Committee, Houston Group
     Lone Star Chapter,  Sierra Glut
     Houston, Texas

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ATTENDEES:
Ackey, Art
Environmental Engineer
Celanese Plastics
P. 0. Box 1000
Deer Park, Texas  77536

Adams, Don
Graduate Student
Texas ASM University
109 Moss
College Station, Texas  77810

Adams, Jack L.
Environmental Engineer
The Pace Company
P. 0. Box 54395
Houston, Texas  77052

Adams, J. T. Jr.
Manager, AfjW Conservation
Atlantic Richfield Company
P. 0. Box 2451
Houston, Texas

Akers, Mrs. J. W.
Houston Audubon Society
2115 Willow Blvd.
Pearland, Texas  77581

Aldrich, Dr. David V.
Associate Professor
Texas A§M University
Marine Laboratory
Galveston, Texas

Alexander, Robert L.
Process Consultant
(Air 5 Water Conservation)
American Oil Company
P. 0. Box 401
Texas City, Texas  77590

Allen, Dr. Clark
Chemical Engineer
Environmental Protection Agency
1402 Elm Street, 3rd Floor
Dallas, Texas  75202

Anderson, Roger D.
Education Coordinator
Texas AfjM Sea Grant Program
Geology Bldg. #209
College Station, Texas  77843

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ATTENDEES (Continued):

Ashcraft, Doug
Rice University
372 Hanszen College
P. 0. Box 2487
Houston, Texas  77001

Baen, John S.
Graduate Student
Texas A$M University
Department of Environmental Engineering
College Station, Texas 77840

Bailey, Harry A.
Advisor, Air 5 Water Conservation
Gulf Oil Co.
P. 0. Box 1519
Houston, Texas

Balchetor, Bill
10130 Bassoon
Houston, Texas  77025

Barnes, Mrs. F. N.
League of Women Voters
1407 Festival Drive
Houston, Texas

Barrett, Bruce R.
Sanitary Engineer
Environmental Protection Agency
P. 0. Box 1198
Ada, Oklahoma

Bayliss, Dr. Geoffrey S.
General Chemical Laboratories
P. 0. Box 55201
Houston, Texas

Bishop, Fred W.
Technical Director
Southland Paper
P. 0. Box 149
Lufkin, Texas

Boynton, Johnella
News Reporter
Baytown Sun
Baytown, Texas

Brencr, Joshua L.
Project Manager
Bernard Johnson Incorporated
5050 Wcstheimor
Houston, Texas  77027

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ATTENDEES (Continued):                                          ''-

Bresan,  Dr. Vincent  P.,  Ill
Area Manager  -  Conservation
Rohm 5 Haas Company
Box 672
Deer Park, Texas   77536

Brown, Don M.
Field Superintendent
La Morque Field Office
Texas State Department  of Health
1215 First Street, Box  218
La Marque, Texas

Brubaker, P.  E.
Superintendent, Plant Services
Monsanto Company
P. 0. Box 1311
Texas City, Texas

Butler,  W. J.
Works Manager
Diamond  Shamrock Chemical Company
Box 500
Deer Park, Texas   77536

Cam>j, E.  Q.
Senior Environmental Consultant
Bovay Engineers, Inc.
5009 Caroline
Houston,  Texas  77004

Carney,  Mrs.  Virginia
Observer
League of Women Voters  - flaytown
Route 24, 19927 Rio  Villa
Houston,  Texas  77049

Chadick,  W. B.
Pollution Control  Engineer
Armco Steel Corporation
P. C. Box 1367
Houston,  Texas  77001

Chandler, M.  E.
Enforcement Program  Specialist
Environmental Protection Agency
1402 Elm Street, 3rd Floor
Dallas,  Texas   75202

Cherry,  Jane
President, League  of Women Voters of
  the Bay  Area
1619 Wavecrest
Houston,  Texas  77058

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ATTENDEES  (Continued):


Churchwell., Robert L.
Environmental Engineer
American Institute of Chemical Engineers
1216 Wirt Road
Houston, Texas   77055

Ciesluk. Alec
Graduate Research Assistant
Texas ASM University
Marine  Laboratory
Galveston, Texas  77550

Clay, Loren R,,  II
Student
Rice University
13007 Taylorcrest Road
Houston, Texas   77024

Comstock, C. M.
Vice President
Environmental Services Inc.
9900 Northwest Freeway
Houston, Texas   77018

Cox, Lyman
Chemist
Charter International Oil Co.
9701 Manchester  Avenue
Houston, Texas

Crainer, Gary
Graduate Student
Rice University
4907 Louisiana,  Apt 2
Houston, Texas   77006

Crow, L. M., Jr.
Coordinator of Planning
Gulf Coast Waste Disposal Authority
16915 El Camino  Real
Houston, Texas

Curran, Jim
Reporter
Houston Chronicle
512 Travis
Houston, Texas   77002

Curtis, David A.
Wildlife Biologist
Environmental Protection Agency
la Porte Laboratory
La Porte, Texas

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ATTENDEES (Continued):                                          H-D


D«vis, Ernst M., P.E., Ph.D.
Assistant Professor
University of Texas, School of Public Health
P. 0. Box 20186, Astrodome Station
Houston, Texas  77025

Davis, Jack
General Manager
Gulf Coast Waste Disposal Authority
16915 El Camino Real
Houston, Texas  77058

Dietrich, E. J.
Senior Vice President
Bernard Johnson Inc.
5050 Westheimer
Houston, Texas

Douglass, Robert L., Ill
Assistant
Harris County Pollution Control
Box 6031
Pasadena, Texas  77502

Dutton, Diana
Attorney
Environments! Protection Agency
1402 Hint Street, 3rd Floor
Dallas, Texas  75202

Duty, Richard
Acting Director, SfiA Division
Environmental Protection Agency
1402 Elm Street, 3rd Floor
Dallas, Texas  75202

Eastland, Mike
Assistant General Manager
Gulf Coast Waste Disposal Authority
16915 El Camino Real - Suite 109
Houston, Texas  77058

Ehrhardt, C. D., Jr.
Humble Oil and Refining Co.
Box 2180
Houston, Texas

Espey, W. H., Jr.
Engineer
TRACOR
6500 Tracer Inc.
Houston, Texas

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ATTENDEES (Continued):
Everett, Robert H.
Manager, Drilling 5 Production
P. R. Rutherford
1041 Esperson Building
Houston, Texas  77002

Filla,  Kathy
Secretary
Texas Water Quality Board
2318 Center Street
Deer Park, Texas

Fisher, Karl
1809 Stoney Brook Drive
Houston, Texas  7704;;

Fleming, Robert G.
Director, Central Operations
Texas Water Quality Board
314 West llth
P. 0. Box 13246
Austin, Texas  78711

Fletcher, Warren
Newsman
KUHP
iSOl Cullen Blvd.
Houston, Texas  77004

Forsman, J. Parker
Consulting Chemist
J. Parker Forsman Associates
209 West Shaw
Pasadena, Texas  77502

Fourrier, F. L.
SIP Inc.
P. 0. Box 26266
Houston, Texas  77032

Fuelberg, [Jennie R.
Texas Water Quality Board
Galveston Bay Project
3801 Kirby Drive, Suite 702
Houston, Texaj  77006

Funk, Rabey
Vice President
Subsurface Disposal Corporation
1221 Bank of Southwest Bldg.
Houston, Texas  77002

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ATTENDEES (Continued):                                          ''~F
Galvin, Patrick
Student
Rice University
5110 S. Shepherd
Houston, Texas

Garrard, C. W., Jr.
Nuclear Engineer
Texas  Utilities Services, Inc.
1506 Commerce
Dallas, Texas  7S201

Garza,  M.  E.,  Jr.
Chemist
Environmental  Protection Agency
P. 0.  Box  1305
La Porte,  Texas

Gendebien, A.  A.
Petroleum  Consultant
1922 West  Main
Houston, Texas  77006

Gilmore, Gill  H.
Student
Texas  ASM  Marine  Laboratory
Bldg 311,  Ft Crockett
Galvcston, Texas   77550

Ginzbarg,  Mrs. A.  S.
Bayou  Preservation Association
4520 Oleander
Bellaire,  Texas   77401

Goldsmith, W.  A.
Sanitary Engineer
Environmental  Protection Agency
1402 Elm Street,  3rd Floor
Dallas, Texas  75202

Gould,  Robert  A.
Graduate Student
Texas  ASM  University Marine Laboratory
Bldg 311,  Ft.  Crockett
Galveston, Texas   77SSO

Griffith,  T. Ed
Corp.  Environmental Cons. Comrn.
Getty  Oil  Co.
P. 0.  Box  1404
Houston, Texas  77001

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ATTENDEES (Continued):
Grover, Mrs. James
Environmental Quality Chairman
League of Women Voters of Houston
3746  Sunset  Blvd.
Houston, Texas  77005

Guillory, A. D.
Assistant to Plant Manager
Celanese Plastics Company
P. 0.  Box 1000
Deer  Park, Texas

Hall,  Richard D.
Regional Environmental Control Manager
Diamond Shamrock Corporation
%  Deer Park  Works
P. 0.  Box 500
Deer  Park, Texas  77536

Hall,  Virginia
ACT
1406  W. llth
Freeport, Texas

Hanil,  Roy W. Jr.
Professor, Texas A§M University
Civil  Engineering Department
College Station, Texas

Harder, Thomas L.
Microbiologist
Atlantic-Richfield Company
P. 0.  Box 2451
Houston, Texas 77001

Harrison, Bill
Production Engineer
The Upjohn Company, Polymer Chemicals Div.
P. 0.  Box 685
LaPoite, Texas  77571

Harvey, James P.
Manager, Technical Services
Olin  Corporation
P. 0,  Box 552
Pasadena, Texas  77501

Heck,  Robert P.
Graduate Student/ Environmental Engineer
Texas  ASM University
College Station, Texas

Henderson, J. L.
Manager, Administrative Services
Champion Papers
Box 872
Pasadena. Texas  77501

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ATTENDEES (Continued):
Hendrick,  E.  R.
Supervisor
Monsanto Company
Box  1311
Texas  City, Texas

Herbert, W. F.
Petroleum  Consultant
3739 Darcu.s Street
Houston, Texas  77005

Mickey, Charles M.
Bovay  Engineers,  Inc.
5009 Caroline Street
Houston, Texas

Hightower, C. C.
Manager, Environmental  Control
Olin Corporation
P. 0.  Box  2896
Lake Charles, La.   70601

Holt,  Scott
Texas  ASM  University Marine Laboratory
Galveston, Texas

Hord,  Gerald  E.
Director of Occupational Health and Radiation Contro}
City of Houston
1115 N. MacGregor
Houston, Texas  77025

Morton, Marcus  L.
Air  Pollution Control
City of Houston Health  Department.
1115 N. MacGreggor
Houston, Texas

Houser, M. E.
Consulting Engineer
14906  Br.iTTiblewood Drive
Houston, Texas  77024

Ibert, Edward R.
Director of Public  Health
City of Pasadena
208  W. Shaw
Pasadena,  Texas   77502

Johnson, Dudley
Director - Marine Resources Division
Texas  Stite Department of Health
W, 49th Street

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ATTENDEES (Continued):                                          'I-I
Johnson, Jere  M.
Supervisor,  Environmental  Control  § Treating  Secjtiun
Humble Oil  and  Refining  Company
liaytown  Refinery,  P.  0.  Box  3950
Haytown, Texas

Johnson, Joe W.
City  of  Houston
101 City Hall
Houston, Texas

Johnson, K.  H.
Research Biologist
Texas ASM  University
Department  of  Wildlife  5  Fisheries Science
College  Station, Texas

Jones, Ancil A.
Air § Water  Programs  Division
Environmental  Protection  Agency
1402  Elm Street, 3rd  Floor
Dallas,  Te>ir.   75202

Jones, H.  P.
Field Operations Supervisor, Pollution Control iln v.
City  of  Houston Water Department
1115  N.  MacGregor
Houston , Texas

Jones, Timothy L.
Research Graduate  Student
Texas AfjM  University
500 Tanglewood, Apt  14A
Dicken^en,  Texas   77539

Jordan,  Pat
President's  Water  Pollution  Control Advisory  BoJird
1010  Common                                    1
New Orleans, La.

Kalke, Richard  D.
Graduate Student
Texas A^M  University
3710  Pine  Mann  » 16
Dickinson,  Texas   77539

Keever,  Mrs. Philip W,
Vice  President
League of  Women Voters of  Houston
1103  Autrey
Houston , Texas

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ATTENDEES (Continued):                                          '"J


 Keiser,  Richard  K.,  Jr.
 Graduate Research  Assistant
 Texas  A$M University Marine  Laboratory
 Galveston, Texas

 Kirkpatrick,  Joel
 City  Editor
 Galveston Daily  News
 Box  628
 Galveston, Texas

 Lamnn, J.  D.
 Manager
 Dow  Chemical  Company
 Freeport,  Texas   77541

 Lai-inoff,  M.  W.
 Vice  President
 Hudson Products  Corp.
 I'.  0.  Box 36100
 Houston, Texas   77036

 Latchford, John
 District Supervisor
 Texas  Water  Quality  Board
 2318  Center  Street
 Deer  Park, Texas

 Lee,  Robert  E.
 Bureau Chief
 McGraw-Hill  World  News
 2270  Humble  Bldg
 Houston, Texas

 Leeds,  J.  V.
 Associate Professor
 P.  0.  Box 941
 Houston, Texas   77001

 Leo,  W.  H.
 Assistant to  the President
 Armco  Steel  Corporation
 P.  0.  Box 723
 Houston, Texas

 Lewis, W.  L.
 Associate Coordinator,  Environmental  Cons.
 Humble Oil
 P.  0.  Box 2180
 Houston, Texas

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 ATTENDEES  (Continued):
Lipovsky, Vince
210 Sleepy !Iollow
Scabrook, Texa.s  77536

Lively, Oran W.
Air 5 Water Progrtuns Division
Environmental Protection Agency
1402 Elm Street, 3rd Floor
Dallas, Texas  75202

London, William B.
Vice President
Forrest $ Cotton, Inc.
600 Mercantile Continental Building
Dallas, Texas  75201

Love, R. M.
Coordinator.. Environmental Activities
Enjay Chemical Company
Box 4004
Baytown, Texas  77528

Love, Susan S.
Chemist
Edna Wood Laboratories
4820 Old Spanish Trail
Houston, Texas

Luebke, Richard W.
Graduate Student
Texas AfjM University Marine Lab
Building 311, Fort  Crockett
Galveston, Texas

Luening, W. D.
Plant Manager
Arco Chemical Company
P. 0. Box 777
Channelview, Texas   77530

McFarland, Bill V.
Acting Regional Administrator
Environmental Protection Agency
1402 Elm Street, 3rd Floor
Dallas, Texas  75202

McGehee, E. D.
Assistant Chief, Construction-Operations Div.
Corps of Engineers  - Galveston
P. 0. Box 1229
Galveston, Texas

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ATTENDEES (Continued):
Steve Mat
Student - Rice University
5110 S. Shepherd
Houston, Texas

Mathews, Dean S.
Acting Director, A S W Programs Division
Environmental Protection Agency, Region VI
1402 Elm Street, 3rd Floor
Dallas, Texas  75202

Matlock, Gary
Student - Texas ASM University
Bldg 311 , Ft . Crockett
Galveston, Texas

Matlock, Steven
Environmental Research Associate
Citizens Environmental Coalition
1200 Bissonnet
Houston, Tex:is

Maycock, R.  L.
Manager, Environmental Engineering!
Shell Chemical Company
2525 Murworth
Houston. Texas

Mayes, J. H.
Consultant
Environmental Protection Agency
Baton Rouge, Louisiana

Mayhew, Joe  J.
Water Quality 5 Pollutr.on Section Cihief
Texas Parks  S Wildlife
Reagan Bldg
Austin, Texas

Megarity, A. L.
Supervisor,  Air and Water Pollution!
Crown - Central Petro Corp
P. 0. Box 1759
Houston, Texas  77001

Mcisrkuc, Marilyn
Vice President
LWV of the Bay Aron
18326 Carriage Lane
|[ou..on, Texas  77058

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ATTENDEES (Continued);


Me Ghee, R. M.
Vice President
Enviro Service  Inc.
9900 NW Freeway, Suite  103
Houston,  Texas

McNeese,  C.  L.
Manager -  Public Affairs
Houston Lighting 6  Power Company
P. 0. Box  1700
Houston,  Texas  77001

Mann, Ralph  W.
5110 Pine  Street
Bellaire,  Texas  77401

Manning,  Robert J.
2000 E. Fayle
Baytown,  Texas

Manousos,  W. B.
Engineer  - Water Pollution Control
City of Houston Public  Health Department
1115 MacGregor
Houston,  Texas

Marcellu,  Rocco A.
Research  Biologist
Texas ASM University
3512 Cedar Drive
Dickinson, Texas  77539

Marks, Duane
Rice University
328 Hanszen  College
P. 0. Box  2487
Houston,  Texas  77001

Martin, D. P.
Coordinator  - Air (j Water Conv.
Gulf Oil  Company
P. 0. Box  1519
Houston,  Texas  77001

Martz, Ralph
Plant Manager
Diamond Shamrock
P. 0. Box  500
Deer Park, Texas

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ATTENDEES (Continued):
Meredith, H. H.
Coordinator - Environmental Cons.
Humble Oil 6 Refining Company
P. 0. Box 2180
Houston, Texas  77001

Miles, William R.
Environmental Engineer
Charter
Box  5008
Houston, Texas

Miller, Timothy R.
Student in Biology/Environmental Science
Rice University
Houston, Texas

Milner, M. D'-'iyne
Aquatic Biologist
Environmental Protection Agency
3801 Kirby Drive, Suite 7*8
Houston, Texas

Mireles, Robert E.
Engineer
Pace Company
3700 Buffalo Speedway
Houston, Texas

Moore, Donald
Fishery Biologist
National Marine Fisheries Service
4700 Avenue U.
Galveston, Texas

Moos, Marvin
Engineer Technician II
Texas Water Quality Board
314  West llth
Austin, Texas  78711

Morgan, Jay E.
Coordinator, Environmental Conservation
Continental Oil Company
Box  2197
Houston, Texas  77001

Morrow, Robert H.
Area Engineer
E. I. DuPont DC Nemours C, Co.
P. 0. Box 347
La Porte, Texas  77S71

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ATTENDEES (Continued):                                          '^-0

Nations,  M. A.
Engineer
Texas Water Quality Board
12631 Rocky Meadow
Houston,  Texas  77024

Nix, Gaylen L.
Attorney
215 Sharpstown Center Office Bldg.
Houston,  Texas  77036

Parrott,  John W.
Chemical  Engineering Supervisor
Rohm 5 Haas
Deer Park, Texas

Payne, Don L.
Economist
Texas Water Quality Board
3801 Kirby Drive, Suite 702
Houston,  Texas  77006

Pettit, Robert L.
Chemist
Arco Chemical Company
Box 777
Channelview, Texas

Piske, William E.
Member, Profession Staff
TRW Systems
Houston,  Texas

Poff, Mark J.
Graduate  Research Assistant
Texas AfiM University
3710 Pine Manor, #16
Dickinson, Texas  77539

Pruessner, Robert
Superintendent, Environmental Control
Petro-Tex Chemical
P. 0. Box 2584
Houston,  Texas  77001

Prylelek, Wilma
Editorial Assistant
Chemical  Engineering
2270 Humble Bldg
Houston,  Texas  77002

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ATTENDEES (Continued):

Quartel,  Rob
Student - Rice  University
262 Hanszen College
Box 2487
Houston,  Texas   77001

Rankin, Virginia H.
Court  Reporter
Kansas City,  Missouri

Recer, Paul
The Associated  Press
1730 NASA Rd  1;  Suite  103
Houston,  Texas   77058

Reeves, Robert  H.
Sanitary  Engineer
Environmental Protection Agency
Box 1198
Ada, Oklahoma

Reimer, Rollin  D.
Assistant Professor
Texas  AflM University
Department of Wildlife  <; Fisheries Sciences
College Station, Texas

Remington, Daniel  R.
Attorney  - Advisor
NASA - Manned Spacecraft Center
NASA Rd #1
Houston,  Texas   77058

Reno,  Gordon  J.
Manager,  Environmental  Conservation
Shell  Oil Company  - Houston Refinery
P. 0.  Box 100
Deer Park, Texas   77536

Rhodes, T. H.
Environmental Advisor
Enjay  Chemical  Company
P. 0.  Box 3272
Houston,  Texas   77001

Rhudy, D. F.
Texas  Department of Health
La Marque Field  Office

Rivers, C. H.
Staff  Engineer
Shell  Chemical  Co.
P. 0.  Box 2633
Deer Park, Texas   77536

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ATTENDEES (Continued):

Rogers, Dr. Jerry R.
Associate Professor of Civil Engineering
University of Houston
Houston, Texas  77004

Russell, James R.
Attorney
Seabrook Land Co.
3417 Milan St.
Houston, Texas

Simmons, D. E.
Manager, Environmental Protection
Houston Lighting (, Power
P. 0.  Box 1700
Houston, Texas  7700)

Sino,  R. D.
Texas  Department of Health
1215 Pint Street
La Morque, Texas

Smith, W. M.
Southwestern Laboratories
Box 8768
Houston, Texas  77009

Sorrels, Joe H.
Engineer
Texas  Water Quality Board

Spencer, Mrs. F. J.
Chairman, Environmental Quality
LWV of the Bay Area
Nassau Bay, 18718 Martinique
Houston, Texas

Spencer, Glenn
Civil  Engineer
Manned Spacecraft Center (NASA)
NASA Road 1
Houston, Texas

Stankis, Glenn A.
Chemical Engineer
Environmental Protection Agency
3801 Kirby Drivo, Suite 738
Houston, Texas

Stoltz, Gordon E.
Anti-Pollution Engineer
Phillips Petroleum Company
Box 792
Pnsadena, Texas  77501

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ATTENDEES (Continued):                                          ''-


Strewn, Kirb
Professor
Texas AfiM University
Department of Wildlife  6 Fisheries Sciences
College Station, Texas  77840

Sutler, R, C.
Vice President
Diamond Shamrock Chemical Company
300 Union Commerce Bldg.
Cleveland, Ohio

Tatem, Henry E.
Graduate Student
Texas A$M University
1609 Una
Bryan, Texas  77801

Toller, Joe D.
Deputy Director
Texas Water Quality Board
314 W. llth
Austin, Texas

Vacker, Donald
Staff Chemical Engineer
Gulf Coast Waste Disposal Authority
16915 El  Camino Real
'Houston, Texas  77058

Veselka,  Bill
Civil Engineer
FPC
819 Taylor
Ft Worth, Texas  76102

Von Ect, Jess
Attorney
Humble Oil
Humble Building
Houston, Texas

Walker, Janet W.
Air Chairman
League of Women Voters
5642 Valkeivh
Houston, Texas  77035

Ward, C. H.
Professor
Rice University
Department of Environmental Science f( Engineering
Houston, Texas

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ATTENDEES (Continued):

Weaver, Mac A.
Acting Chief, Water Programs Branch
Environmental Protection Agency
1402 Elm  Street, 3rd Floor
Dallas, Texas  75202

Weinheimer, Robert
Air Pollution Technician II
City of Houston Air Pollution Control
1115 N. MacGregor
Houston,  Texas

Whitehead, Akemi
621 Pine  Circle
Seabrook, Texas

Whitehead, Dr. V. S.
NASA
Earth Observation Division
Houston,  Texas

Whitney,  Glenn Ross
PhD Candidate
Texas A&M University Environmental Engineering
Oceanography Department
College Station, Texas  77843

Whitney,  James E.
Chemist
Environmental Protection Agency
3801 Kirby Drive, Suite 738
Houston,  Texas

Whittington, Dick
Director, Field Operations
Texas Water Quality Board

Winterton, Tom G.
Chemical  Engineer
Gulf Oil  Chemicals Co.
P. 0. Box 509
Baytown,  Texas  77520

Wood, Edna D.
Director
Edna Wood Laboratories
P, 0. Box 14171
Houston,  Texas  77021

Wright, W. W.
Senior Engineer
Shell Chemical
P. 0. Box 2633
Deer Park, Texas  77536

-------
                   OPENING STATEMENT



                          BY



                    MR. MURRAY STEIN






          MR. STEIN:  The conference is open.



          And I would apologize for the delay.  These



conferences, as you know, sometimes are rather compli-



cated, and in a complex situation such as we have in the



Houston area it is complicated indeed.  But we are alnost



on time.



          This reconvening of the first session of the



conference in the matter of pollution of :,:•.•> navigable



waters of (Jalveston Bay and its tributaries, involving



the State of Texas and the United States Environmental
Protection Agency, is being held under the provisions
of
Section 10 of the Federal Water Pollution Control Act.



          The first session originally met on June 7 to



12 of 1971.  And if you Just think of those dates, thajt



was a rather long session of the conference.  The con-



ference recessed to permit a technical committee repre-



senting the State of Texas and the United Stattes Environ-



mental Protection Agency to get together and try to come



up with a report and some recommendations.

-------
              Opening Statement - Mr. Stein



          In accordance with our practice, we are going

to permit anyone who feela that  he  has  soraetilng to aaj

to make a statement at the conference, and we hive severa]

requests.  However, I would suggest  that we try not to

replow old ground.  I think we have  had a very thorough

exploration of the aspects oi' the problem at ths session

vie held in June, and I Just ask all  of us to use our own
good judgment and not rehash this, because I th
Ink what
we need is to try to get on with the program anl not have
prolonged talkfests.  I hope we will confine ou
the recommendations, new ideas, and new material
          Juat to recollect the situation, unde

provisions of the Act, the Administrator of the
mental Protection Agency has called this conference, as
he is authorized to do  when he finds that SUDS
rselves to
r the
 Environ-
tantlal
economic injury results from the inability to market

shellfish or shellfish products in interstate commerce
                                               I
because of pollution subject to abatement under the


Federal Act, and action of Federal, State, or local


authorities .

          The conferees are the official agencies repre-

sented here:  The Texas Water Quality Board, represented

-------
               Opening Statement  - Mr. Stein






by  Mr. Hugh Yantia, to my left;  the Federal conferee Is



Mr. Richard Vanderhoof, of the Environmental Protection



Agency Dallas  office, on ray right.  And my name is Murra
Stein.  I  am from the Environmental Protection Agency
in
Washington, D. C., and a representative of Administrator



William Ruckelshaus.



         We at the head table representing these two



agencies constitute the conferees.  The conferees, how



ever, may have invitees to the conference.  Several



people have sent up cards indicating they wish to speajk.



Everyone who has indicated that they wish to speak will



be called on.  We hope to have a prognosis of when you



will be called as soon as we get under way, but you have



to remember that the conferees are Just the representa



tives of the official agencies.  We do not take questiom



from the floor, but you can reserve questions until your



time comes to speak, and I would suggest that anyone wno



wishes to speak other than the panel come up to the



lectern and make his  statement from there, first



identifying himself  by  name, title and organization,



for purposes of the record.



         We will be preparing a transcript and a summary



of the conference,  which will be available to you througi

-------
                      W. R. Brown






your State agency.




         First  I would  like to  call  on  Mr.  sill  Drown,



who I believe has a motion.




         Mr. Brown.






           WILLIAM R. BROWN,  GENERAL COUNSEL'



            HOUSTON LIGHTING  &  POWER COMPANY




                     HOUSTON, TEXAS






         MR. BROWN:  Mr. Chairman, distinguished  conferees.
         I am William R. Brown, General Couns



Houston Lighting & Power Company.



         We received a short time ago a commi



from the Environmental Protection Agency whi



that the Houston Lighting & Power Company ma



probably be dropped from the agenda of this



         I want at this time to file a mctior



effect that it should be dropped,  I have fui



copy already to the chairman, and in the intt
el of
inication
h indicate!1
ter would
onference.
 to the
nished a
rest of time
I will not read the motion.  I would like the record to



show that the motion has been filed for your action.



         MR. STEIN:  Without objection, the motion will



be included in the record as if read.



         (The above-mentioned motion follows:)

-------
GALVBSTON BAY ENFORCEMENT CONFERENnK



         RECONVENED SESSION



           HOUSTON, TEXAS
            *###*#
        MOTION FOR DISMISSAL



                 OF



 HOUSTON LIGHTING & POWER COMPANY

-------
                                                              10
          GALVESTON BAY ENFORCEMENT  CONFERENCE
                   RECONVENED  SESSION
                     HOUSTON,  TEXAS
TO THE HONORABLE MURRAY  STEIN,  CHAIRMAN:
          The Environmental Protection Agency, in a  locu-
raent dated October 8, 1971, filed with the District  Sngineer,
Galveston District,  Corps of Engineers, suggested thit it
is likely that the Houston Lighting & Power Company  prob-
lem will be removed  from the Conference agenda.  Houston
Lighting & Power  Company now petitions this conferen
any and all matters pertaining to this  Company be removed
from the agenda of this Conference, and that the Conferees
take no further evidence and make no recommendations with
respect thereto.  In support of this request Houston Light-
ing 2: Power Company would respectfully show the following:
           (1)  This Conference was called by the Hororable
William D. Ruckelshaus, Administrator, Environmental
tection Agency, without any request by the Governor
ce that
 Pro-
of the
State of Texas, and according to the provisions of Election
10(d)fl) of the Federal Hater Pollution Control Act, a pre-
requisite to Jurisdiction is that there be "substantial
economic injury * * * resulting from the inabillty to mar-
ket shellfish products in interstate commerce" because of
the pollution of Galveston Ray and its tributaries.

-------
                                 11
          (2)  At the first session of this Conference
held on June 7 through June 12, 1971, no evidence was p
sented reflecting that there are any shellfish in the
vicinity of your Petitioner's cedar Bayou Generating PI
or that the proposed operation of such plant threatens
damage to shellfish.
          (3)  By reason of the foregoing, it now appea
that there is no statutory jurisdiction for considerati
by this Conference of matters relating to Petitioner's
plant, and that further consideration by this conferenc
of matters relating to Petitioner's said plant will ser
no useful purpose.
          NOW, THEREFORE, in view of the absence of Jur
diction and in the interest of conserving the time of t
Conference and its Chairman, Petitioner moves this Conf
ence and its chairman to delete from the agenda any fur
consideration of Petitioner's cedar Bayou Generating PI
and that it refrain from hearing further evidence, or m
ing findings, with respect thereto.
                           e-
                           nt
                           aid
                           s-
                           is
                           r-
                           her
                           nt
Respectfully submitted,

Vfilliam R. Brown
Attorney for Petitioner
Houston Lighting & Power Company

-------
     12










Lstrator



  one



  of the



 to the



bhe



sion of
                    T. P. Gallagher






         MR. STEIN:  Mr. Brown, I think the Admin



of the Environmental Protection Agency is the onl



who can make the determination of the Juriadictio



conference, but your recommendation will be taken



Administrator.  However, I would suggest pending



action by the Administrator that we forego discus



the Houston Lighting & Power aituation except as



anyone who wants to make a passing reference to i



         And with that, may we go on.  And thank you



very much.



         MR. BROWN:  Thank you.



         MR. STEIN:  I would like to see if we co[uld get



the technical committee report.  Who is going to present




that, Mr. Vanderhocf?



         MR. VANDERHOOP:  Mr. Gallagher.





             THOMAS P. GALLAGHER, DIRECTOR



           DIVISION OP FIELD INVESTIGATIONS



            DENVER CENTER, EPA, REGION VII



                    DENVER, COLORADO






         MR. GALLAGHER:  Mr. Chairman, conferees.



         My name is Thomas P. Gallagher.  I am Director



of the Division of Field Investigations, Denver Center,

-------
                                                      13
                    T. P. Gallagher

Environmental Protection Agency, and a member
Technical Task Force mandated by you to examin
present a common baseline of data.
         I would now like to read the suggeate
mendations of the Technical Task Force to the
and I would like the transcript of these
entered into the record.
         MR. STEIN:  Without objection, that w
done.
         (The above-mentioned recommendations
      f the
       and

       recom-
      onferees,
recommendations

      11 be

      ollow:)

-------
              STATEMENT




                 OF




FEDERAL - STATE TECHNICAL TASK FORCE



                 FOR




GALVESTON BAY ENFORCEMENT CONFERENCE
           September 1971
                                                    14

-------
                              STATEMENT
                                 OF
                FEDERAL - STATE TECHNICAL TASK FORCE
                                 FOR
                GALVESTON BAY ENFORCEMENT CONFERENCE

     The Calves ton Bay Enforcement Conference was convened In Houston,

Texas from June 7 through 12, 1971, under the provisions of Section 10

of the Federal Water Pollution Control Act, for the purpose of considering

pollution affecting shellfish harvesting in Galveston Bay, Texas.  The

Conferees are the Environmental Protection Agency, representing the

Federal Government, and the Texas Water Quality Board representing the

State of Texas.

     During  the Conference, a great number of presentations were made br

Federal, State and local regulatory agencies, as well as industries anc

private consumers and environmental groups of the Houston metropolitan

area.  These presentations contained an extraordinary amount of technics!

Information concerning quantity and characteristics of waste discharges,

as well as effects on receiving water quality and beneficial uses; some

of which was apparently contradictory.  Consequently, the Conferees decided

that because of the voluminous record compiled during the six days of the

Conference, it would be impossible to immediately assimilate all of the

testimony presented and develop a pertinent series of recommendations con-

cerning the conduct of the waste abatement program In the Calves ton Bay:

and Houston Ship Channel area.  Therefore, the Tonferees directed that

technical personnel of the Texas Water Quality Board and the Environmental

Protection Agency review and update the data presented,  and compile a

common baseline which will permit conclusions and recommendations for

developing a continuing waste abatement program.

-------
                                                                      16
     An extensive review was made of Che numerous presentation




Conference; of subsequent field and laboratory analyses in the




waters; and pertinent data not previously evaluated.  This rev:



stitutes an enormous amount of information which can be used ai



material, or submitted for the record at the Conferees discret




     As a result of the evaluation made by the Technical Task 1



agreement has been reached on ten of the eleven recommendationi



water quality and waste abatement in the Galveston Bay system.



recommendation where no agreement could be reached, the various




have been set forth for the disposition of the Conferees.




     Participation In this joint technical evaluation has been



Deputy Director and his staff of the Texas Water Quality Board



Division of Field Investigations - Denver Center, Office of En:




EPA; the Region VI Enforcement Office, EPA, Dallas; and the Ga.



Bay Field Station, EPA.  Cooperation and support was also supp!



Regional Office of the Food and Drug Administration; the Texas
Health Department; the Harris County Pollution Control Department; and
the U.S. Air Force at Bergstrom Air Force Base, Texas.  This c<



is gratefully acknowledged.
                                                                to the
receiving
ew con-
 reference
on.
 concerning



 In the
 positions
by the



 the
orcement,
veston
led by (he
State
operation

-------
                                                                     17
                            RECOMMENDATIONS



      1)   The Food  and  Drug  Administration,  in cooperation with appropriate




 State regulatory agencies,  continue  their recently  Initiated national  study



 of  oil and  hydrocarbon residues  In oysters,  Including  those taken  fr«



 Galveaton Bay, with  the objective of determining  toxicologies! effec




 It'  any,  of  such concentrations.  These  data,  and  any evaluations,  will be



 made  available to  the  Conferees  of the  Galveston  Bay Enforcement Con



      2)   To Insure that approved shellfish  harvesting  areas are propsrly



 classified  at all  times,  sampling for determining bacteriological  accept-




 ability  of  areas for shellfish harvesting in  Galveaton  Bay shall con linue



 to  emphasize the most  unfavorable hydrographic and  pollution conditions.



 The most unfavorable hydrographic and pollution conditions will be determined



 by  technical personnel of the Texas State Health  Department, in coopm




 ation with  other State and  Federal agencies as the  Texas State Health




 Department  deems appropriate.



      3)   Effective disinfection  of all  domestic waste sources contril'Uting




 bacteriological pollution to the Galveston Bay system will be provided.




 The Texas Water Quality Board policy to this  effect shall continue t<  be



 Implemented.  Where effective disinfection is  not presently being



 accomplished, It la recognized that adequate measures an; underway tc




 secure that disinfection.




         The Texas Water Quality Board will continue to implement Itfi




policy requiring the elimination of small plants.   The centralization of



facilities,  wherever possible, and the halt of proliferation of small




plants will  continue, consistent with existing appropriate procedures.

-------
                                                                       L8
The  implementation  schedule  for  this program,  as  initiated by  the  Tejcas




Water Quality  Board, will be made  available  to the  Conferees of  the



Calves Con Bay  Enforcement Conference.
         The  EPA will offer  its  resources  and  its  cooperation  in  a
of Calves con  Bay.   This  study  is presently being  conducted by  the  T  xas




Water Quality Board on all  sources of municipal and  industrial wast



permitted by  the Texas Water Quality Board to discharge  effluent to



Galveston Bay and  Its tributaries.  These examinations shall emphasJ




determination of complex organic compounds,  heavy metals and other
potentially  toxic  substances,  as well  as  oil  and  grease,  from  each




source.  Recommendations  and scheduling of  nrcessary abatement will




provided to  the Conferees as soon as they become  available.  The Te




Water Quality Board permits and self-reporting data system should h




amended, as  necessary,  to reflect the  recommendations of  this  waste




survey.  A progress report on  results  of  this study will  be made to




Conferees within air. months of the date of  the reconvened session o




Calves ton Bay Enforcement Conference.




     5)  The Texas Water  Quality Board will continue its  review of




waste source discharging  to Galveston  Bay and its  tributaries, and




amend those  permits as necessary to insure  that the best  reasonable
 tudy
aste
;as
source
the
 the
ach
ill
avail-
able treatment is provided relative to discharges of oil and grease.  It



is recognized that improvements in technology will be incorporated into



future permit revisions.  A progress report will be made to the Conferees



within six months of the date of the reconvened session of the Galveston




Bay Enforcement Conference.

-------
                                                                      19
     6)  The ongoing review and amendment by the Texas Water Quality




of existing permits recognizes that greater reductions of waste will



required of waste dischargers to the Calves ton Bay system to meet wa



quality standards.  The Conferees note that In the past three years




organic waste load being discharged Into the Houston Ship Channel ha




lowered from about 430,000 pounds per day of BOD to 103,000 pounds p




of BOD,  Any amendments to existing or new Texas Water Quality Board



control orders as a resu'.t of this program will prohibit dilution as



substitute for treatment.  A progress report on continuing reduction




waste loads will be provided to the Conferees within six months of t




date of the reconvened session of the Galveston Bay Enforcement Conf



     7)  A characterization and evaluation of the water quality sign



of materials from pollution sources contained in the organic sludge



from the Houston Ship Channel shall be conducted.  Based on the rcsu



this evaluation, and examination of present spoil disposal areas, re



mendations will be made by the Texas Water Quality Board and the Env



mental Protection Agency on location of suitable spoil disposal area




other appropriate action to minimize or eliminate deleterious effect
ioard
be
er
 been
r day
waste
of
ficance
redged
ts of
om-
 and
 on
water quality.



     8)  Alert levels for acute and chronically toxic or growth in-



hibiting parameters are being developed by the Food and Drug Administration




for shellfish from all approved national growing waters, Including Calves ton



Bay.  These alert levels will be discussed with technical personnel of the




Environmental Protection Agency and will be presented at 1:he Seventh




National Shellfish Sanitation Workshop sponsored by the Food and Drug

-------
                                                                      20
Administration.  The Environmental Protection Agency, in cuu




the Food and Drug Administration, and other appropriate State




agencies, will work to develop parameters for the sane charac



waters approved for shellfish harvesting.




      9) Chemical constituents causing color in waste effluen
 those  from
                and paper mills, shall be reduced as soon as
stated In existing Texas Water Quality Board waste control or



report on feasible processes to accomplish this recommendatio



submitted to the Conferees within six months of the reconvened




the Galveston Bay Enforcement Conference.



     10) To meet present official State-Federal water quality



established for dissolved oxygen In the Houston Ship Channel,



that the maximum waste load discharged from all sources will



pounds per day of five-day B.O.D., including projected future




Studies scheduled for completion in 1973 ulll provide the bas



necessary to achieve maximum water quality in the Houston Shi



Between now and the completion of the study, the Texas 'later




will continue the program of waste reduction described in Rec



Mo. 6 above.  The Environmental Protection Agency will also



program consistent with its statutory requirements and in coo



the Texas Water Quality Board.   Upon completion of the study, determination
                                                               01.0.^.. with
                                                               md Federal
                                                               eristics In
                                                               s, such as
                                                              racticable as
                                                              ers.  A
                                                               shall be
                                                               session of
                                                              standards
                                                              it is expected



                                                                about 35,000




                                                               evelopment.
                                                              c mechanics
                                                               Channel.
                                                               ality Board
                                                               mendation
                                                               tinue its
                                                               ration with
will be made by the Texas Water Quality Board on further measures, If



necessary, beyond its ongoing program to Insure adequate wateir quality



in the Houston Ship Channel.



     The following recommendation was not susceptible to joint agreement

-------
                                                                       21
by the technical Task Force and both versions are presented for tj e




Conferees' consideration:



     11) re:  Houston Lighting and Power Cedar Bayou Power Plant




         (a)  Texas Water Quality Board recommendation:—the once




              through cooling system, with discharge to Trinity Buy,



              proposed for the Cedar Bayou plant shall be careful




              monitored to determine whether irreparable damage tc



              aquatic life is occurring and/or water quality is buing




              deleterlously affected.  If such effects are shown,




              Houston Lighting and Power Company will take immedif te




              steps to correct the situation.



         (b)  Environmental Protection Agency recommendation:—no



              discharge of cooling water from the Cedar Bayou platt to
              Trinity Bay shall be permitted.  The Houston Llghtii
              Power Company shall be required to abate the waste teat



              load by Incorporation of a system utilizing recirculation



              and reuse of cooling water for all units at the Ced




              Bayou plant or return of used cooling water to Tabbs Bay



              and adjacent waters or location of additional units at




              suitable alternative sites.
g and
                                                             OPO »37.»00

-------
                                                       22
                    T. P.  Gallagher
         MR. GALLAGHER:  The  Galveston Bay Enf
Conference was convened in Houston, Texas, fro
through 12, 1971j under the provisions of Sect
the Federal Water Pollution Control Act, for  t
of considering pollution affecting shellfish  h
in Galveston Bay, Texas.  The conferees are th
mental Protection Agency, representing the Fed
Government, and the Texas Water Quality Board,
senting the State of Texas.
         During the conference, a great number
tations were made by Federal, State, and local
agencies, as well as industries and private consumers
and environmental groups of the Houston metropolitan
area.  These presentations contained an extraordinary
amount of technical information concerning quantity and
characteristics of waate discharges, as well as effects
on receiving water quality and beneficial uses
>rcement
n June 7
Lon 10 of
ie purpose
irvesting
z  Environ-
sral
 repre-
 of  presen
 regulatory
  some  of
which was apparently contradictory.
         Consequently, the conferees decided tihat be-
cause of the voluminous record compiled during; the six
days of the conference it would be impossible to immedi-
ately assimilate all of the testimony presented and
develop a pertinent series of recommendations concerning

-------
                      T. P. Gallagher
the conduct of the waste abatement program  in



Galveston Bay and Houston Ship Channel area.
the
Therefore,
the conferees directed that technical personnel  of the



Texas Water Quality Board and the Environmental  Protec-



tion Agency review and update the data presentsd, and



compile a common baseline which will permit conclusions



and recommendations for developing a continuinz  vaste



abatement program.



         An extensive review was made of the numerous



presentations to the conference, of subsequent field



and laboratory analyses In the receiving water;, and



pertinent data not previously evaluated.  TMs review



constitutes an enormous amount of information  jhich can



be used as reference material or submitted for the record



at the conferees discretion.



         As a result of the evaluation made by the



Technical Task Force, agreement has been reachsd on ten



of the eleven recommendations concerning water quality



and waste abatement in the Galveston Bay ays tern.  In the



recommendation where no agreement could be reached, the



various positions have been set forth for the disposition



of the conferees.



         Participation In thin Joint technical evaluation

-------
                    T. P. Gallagher






has been by the Deputy Director and his staff of the



Texas Water Quality Board, the Diviaion of Field Inve



gations, Denver Center, Office of Enforcement, EPA, t



Region VI Enforcement Office, EPA, Dallas, and the



Calveston Bay Field Station, EPA.  Cooperation and sup



port was also supplied by the Regional Office of the



Food and Drug Administration; the Texas State Health



Department, the Harris County Pollution Control Depart



ment, and the U. S. Air Force at Bergstrom Air Force



Base, Texas.  This coopeiation is gratefully acknowlec



         I will now read the suggested recommendations



the Technical Task Force:



         1)  The Food and Drug Administration, in cooj



tion with appropriate State regulatory agencies,  contj



their recently initiated national study of oil and hyc
                                                       ti-
                                                        of
                                                       era-
                                                       ue
                                                       o-
                                                    ,m
carbon residues in oysters, including those taken fro



Galveston Bay, with the objective of determining toxir



cological effects, if any, of such concentrations.  These



data, and any evaluations, will be made available to the



conferees of the Galveston Bay Enforcement Conference,,



         2)  To insure that approved shellfish harvesting



areas t.re properly classified at all times, sampling for



determining bacteriological acceptability of areas for

-------
                     T.  P.  Gallagher





 shellfish  harvesting in Galveston  Bay  shall  continue  t



 emphasize  the  moat  unfavorable  hydrographic  and pollut



 conditions.  The  most unfavorable  hydrographic and pol



 lution  conditions will  be  determined by  technical per-



 sonnel  of  the  Texas  State  Health Department,  in cooper



 tion  with  other State and  Federal  agencies as the Texa



 State Health Department deems appropriate.



           3)   Effective disinfection of  all  domestic



 waste sources  contributing bacteriological pollution  t



 the Oalveeton  Bay system will be provided.   The Texas



 Water Quality  Board  policy to this effect shall contin



 to be implemented.   Where  effective disinfection is no



 presently  being accomplished, it is recognized that adi



 quate measures are under way to secure that  disinfect!'
                                                       25
on
n.
          The Texas Water Quality Board will continue



implement its policy requiring the elimination of smal



plants.  The centralization of facilities, wherever



possible, and the halt of proliferation of small plantji



will continue, consistent with existing appropriate pro-



cedures.  The implementation schedule for this program,



as initiated by the Texas Water Quality Board, will be



made available to the conferees of the Oalveston Bay



Enforcement conference.

-------
                    T. P. Gallagher
          4)  The EPA will offer  its resources and  its

cooperation in a study of Galveston Bay.  This study  ia

presently being conducted by the  Texas Water Q lality


Board on all sources of municipal and industrial wastes


permitted by the Texas Water Quality Board to ilischarge

effluent to Galveston Bay and its tributaries.  These

examinations shall emphasize determination of complex

organic compounds, heavy metals and other potentially
toxic substances, as well as oil and grease, f:
                                                        26
om each
waste source.  Recommendations and scheduling of neces-


sary abatement will be provided to the conferetis as soon


as they become available.  The Texas Water QuaMty Board


permits and self-reporting data system should lie amended,


as necessary, to reflect the recommendations oJ' this


waste source survey.  A progress report on results of


this study will be made to the conferees within six

                                              1
months of the date of the reconvened session of the


Oalveston Bay Enforcement conference.


          5)  The Texas Water Quality Board will continue


its review of each waste source discharging to Galveston


Bay and its tributaries, and will amend those permits


as necessary to insure that the best reasonable available


treatment is provided relative to discharges of oil and

-------
                                                       27
                    T. P. Gallagher
grease.  It  ia recognized that improvements in technology
will be incorporated into future permit revisionf
progress report will be made to the conferees wi
;hin six
months of the date of the reconvened session of 1
veston Bay Enforcement  Conference.
          6)  The ongoing review and amendment by the
Texas Water Quality Board of existing permits re
that greater reductions of waste will be required of
waste dischargers to the Galveston Bay system to
water quality standards.  The conferees note tha
past three years the organic waste load being dlncharged
into the Houston Ship Channel has been lowered from about
430,000 pounds per day of BOD to 103,000 pounds j
of BOD.  Any amendments to existing or new Texas
Quality Board waste control orders as a result o
program will prohibit dilution as a substitute f<
he Gal-
ognizes
meet
 in the
er day
Water
 this
r treat-
ment.  A progress report on continuing reduction of waste
loads will be provided to the conferees within six months
of the date of the reconvened session of the Galveston
Bay Enforcement Conference.
          7}  A characterization and evaluation of the
water quality significance of materials from pollution
sources contained in the organic sludge dredged from the

-------
                                                        28
                     T.  P.  Gallagher
Houston Ship  Channel  shall  be  conducted.   Bt.sed  on  the
results  of  this  evaluation  and  examination
spoil disposal  areas,  recommendations will  tie  made  by



the Texas Water Quality Board  and  the Environmental Pro-
tection Agency  on  location  of  suitable  spoil



areas, recommendations will be made by  the  '.



Quality Board and  the Environmental Protect;



location of  suitable spoil  disposal areas ai



appropriate  action to minimize or eliminate
 f present
  disposal
'exas  Water
 on  Agency on
 d  other
 deleterious
effects on water quality.



          8)  Alert levels for acute and chronically
toxic or growth inhibiting parameters are b
by the Food and Drug Administration for sheMfish from
all approved national growing waters, inclu
ting  developed
ting  Galveston
Bay.  These alert levels will be discussed uith technical



personnel of the Environmental Protection A/jency and will



be presented at the Seventh National Shellf:.sh Sanitation



Workshop sponsored by the Food and Drug Administration.



The Environmental Protection Agency, in cooperation with



the Food and Drug Administration, and other appropriate



State and Federal agencies, will work to develop parameters



for the same characteristics in waters approved for shell-



fish harvesting.

-------
                                                       29
                    T. P. Gallagher
          9)  Chemical constituents causing colcir in



waste effluents, such as those from pulp and paiier mills,
shall be reduced as soon as practicable as state
existing Texas Water Quality Board waste control orders
A report on feasible processes to accomplish thj



mendation shall be submitted to the conferees wJ
months of the reconvened session of the Galvestcjin Bay



Enforcement Conference.



          10)  To meet present official State-Ftderal



water quality standards established for dissolved oxygen



in the Houston Ship Channel, it is expected thai the maxi-



mum waste load discharged from all sources will be about



35,000 pounds per day of 5-day BOD, including pi ejected



future development.  Studies scheduled for completion in



1973 will provide the basic mechanics necessary to achieve



n. ximum water quality in the HOUGoon Ship Channel.  Be-



twefln now and the completion of the study, the Texas Water



Quality Board will continue the program of waste reduc-



tion described in Recommendation No. 6 above.  The Envir-



onmental Protection Agency will also continue its program



consistent with its statutory requirements and in coopera-



tion with the Texas Water Quality Board.  Upon completion



of the study, determination will be made by the Texas
d in
s recom-
thin six

-------
                                                       30




                    T. P. Gallagher






Water Quality Board on further measures, if necessary,



beyond its ongoing program to Insure adequate waHer quali



ty in the Houston Ship Channel.




          The following recommendation was not ausceptibl<



to Joint agreement by the Technical Task Force, and both



versions are presented for the conferees consideration:



          11)  re:  Houston Lighting & Power Cedar Bayou



Powerplant.



               (a)  Texas Water Quality Board recom-



     mendation;  The once-through cooling system, with




     discharge to Trinity Bay, proposed for the Cedar



     Bayou plant shall be carefully monitored t«



     determine whether irreparable damage to aquatic




     life is occurring and/or water quality is Ipeing



     deleteriously affected.   If such effects are



     shown, Houston Lighting  & Power Company wih.1



     take immediate steps to  correct the situation.



               (b)  Environmental Protection Agency



     recommendation:   No discharge of cooling water



     from the Cedar Bayou plant to Trinity Bay shall



     be  permitted.  The Houston Lighting & Power



     Company shall be required to abate the waste



     heat load by incorporation of a system utilizing

-------
                                    	31
                    T. P. Gallagher

     recirculation and reuse of cooling water for all
     units at the Cedar Bayou plant or return of used
     cooling water to Tabbs Bay and adjacent waters
     or location of additional units at suitable al-
     ternative sites.
          That completes the recommendations of the
Technical Task Force to the conferees, Mr. Chairman.
          MR. STEIN:  Thank you, Mr. Gallagher.
          Any comments or questions?
          MR. VANDERHOOF:  Yes, sir, Mr. Stein.
          Mr. Gallagher, what was your primary mission as
assigned by the conferees in the June conference?
          MR. GALLAGHER:  As stated in the material wiich
I Just read to you, Mr. Vanderhoof, It was that the t
nlcal personnel of the Texas Water Quality Board and
Environmental Protection Agency review and update the
sch-
bhe
 data
presented and compile a common baseline which will pelrmit
conclusions and recommendations for developing a contin-
uing waste abatement program.
          MR. VAWDERHOOP:  The first part, that Is thut
agreed baseline, was this ugreed to by the technical task
committee?
          MR. GALLAGHER:  I don't think there is any

-------
                    T. P. Gallagher

question among the members of the Technical Task Force on
the validity of the data.
          MR. VANDERHOOF:  Then we do ha
line?  This is really what I am searchin
achieved your mission?
          MR. GALLAGHER:  Yes.
          MR. VANDERHOOF:  We do have a
          MR. GALLAGHER:  Yes.
          MR. YANTIS:" Mr. Chairman, I ti
comment, if I may.
          MR. STEIN:  You go right ahead
          Is that all right?
          MR. VANDERHOOF:  Sure.
          MR. YANTIS:  Within the variou
technical task forces, your people and o
to an understanding, as I believe Mr. Ga
re  a  common  base-
5  for.   You  have
jommon  baseline?
 ink  this  needs  a
  meetings  of the
ir people,  we came
.lagher  has said,
that the simple mass of data is too largf for detailed
one-by-one handling and that there would be no salvation
in that direction.
          We also noted that other data vras being acquirec
at a rapid rate and this would go on foreiver.  We agroed
that in the sense of a reedited, republished report
similar to the one available in June that this wae simply

-------
                                                        33
                     T.  P.  Gallagher
 net  a feas-.ble  thing to do.
           So  when you say is  there a common baselimL  I
 thim.  vi,  have all agreed that there is  available wHihln
 the  various State and Federal agencies  an adequate body
 of data,  much of  it  in file and not necessarily in J'ormal
 report  form,  to  which  we  will  all agree.   So in the  E
 that  within  the  files  available  to  us  there is data
we  can  all  work  towards,  yes,  we  do  have  a common  btseline
          If  you mean  is  there a  published report,  f
specific  catalog of  data,  no,  there  is  not.
          MR.  STEIN:   Are  there any  other comments  o|n
that?
          MR. VANDERHOOP:   It  appears  to  me  that we
ense
which
have
to have something tangible  to work with.
          Mr. Gallagher, can you  straighten me out  dn  this?
Do we have something documented that we don't have  t|o
search into files that we can agree upon?
          MR. GALLAGHER:  There were severe.l work papers
prepared for the Technical  Task Force containing data
that could help to lead to  the recommendations which were
Just read to you.
          MR. STEIN:   I think  the  charge  to  the
technical task  force  at   the  last  session

-------
                     T. P. Gallagher
of the conference was to try to reconcile whi



be differences in data.  I believe at that p



out that I didn't quite share that view in 1



the presentation from the State and Federal {



I thought that the data was consistent and tt



might have been in the sense of terms of the



I recognize that thia may have been a bias on



haps because I had heard a good deal of the



          But ray understanding of what all of



saying is that, really after the task force



you found that there were no fundamental diff



the facts or the data between the Texas peopl



Federal people.  Is that correct?



          MR. GALLAGHER:  That is correct, Mr



          MR. STEIIV:  All right.



          MR. VANDERHOOP:  Well, Mr. Callaghe



thank you and the task force for the complet:



assigned work.  I would point out that the re



that you have placed tn there are not necessa
 appear to



nt I pointe



tening to



ople--that



 problem
resentation
 part, per-
ta.
you are
a completed,
rences on
 and the
 Stein.
,  I do



n  of your
ommendations
ily
agreed
to by the Federal conferee.  Let me then comment.



          That is all the questions I have for you.




          MR. GALLAGHER:  Thank you.

-------
                                    	      	35

                    R. A. Vanderhoof


         Ft. A. VANDERHOOF,  DIRECTOR OF WATER PROGRAMS

            ENVIRONMENTAL PROTECTION AGENCY

                      REGION VI

                    DALLAS, TEXAS
          MR. VANDERHOOF:  I would point out that I,
                                ir
have read the document entitled, Report on Pollution

Affecting Shellfish Harvesting in Galveston Bay, Tex

dated March 1971, and I have listened to the rebutta

the data shown by the staff of the Texas Water Quali

Board.  I have also read the compilation of the data

prepared in the working document dated August 1971-

          I would state that in my opinion the March

report did not properly compile the waste loads perm

by the Texas Water Quality Board in 1968, and the sta

the Texas Water Quality Board did describe existing

as reported by the permittees.  This apparently caus

the original difference of opinion.  But I think we
 too,
IS,

  of
 1971
 tted
f  of
oads
ere
talking of two different sete of data and these were

accurately described by both parties.

          Now, it is clear from reading these documents

that there has been some reduction in waste loadings slnc<

1968.  The supplementary document prepared under date of

-------
                                                        36
                    R. A. Vanderhoof
August 1971 describes  existing  loads  during  t



August 1970 through March  1971  as  compiled fr



reporting system  of Texas  Water Quality  Board



da*.a are in general agreement with  the presen



by Texas during the June conference.  We can ,



erally with the existing loads.



          But I atill  want to make  it abundan



that the Federal  report of June 1971  is  corre<



it stated  permitted loads.



          The supplementary document  of  Augus



believe is also correct, and it  describes  the :



raitted loads and the existing loads  to the Gal>



system for the period  August 1970 through Mar<



          I also  wish  to make it clear that  wl



documents are believed correct, they  may not 1



complete.  In addition, the August  1971  docuim



only one known to me that  describes the  actua!



of waste discharged into the Galveston Bay syi
e period
m the self-
  These
ations made
gree gen-
ly clear



t in that
 1971 I



971 per-



eston Bay



h 1971.
ile these
e absolutel
nt is the
 quantity
tern based
on effluent sampling.  Again, the num'bers shown are at



least the values shown, for as I have stated, the summary



may not be complete.



          Also the March 1971 document is the only pub-



lished report that I know of on waste loads permitted in

-------
                                                       37
                    R. A. Vanderhoof
1968 to be discharged to the Galveston Bay systen.
          Now, I observe that the permits issued
to the Ship channel in 1968 were over allocated by a



factor of 10 and that existing loadings on the channel
appear to be over allocated by a factor of about
have been informed, and I have read in the document of



August 1971, that aerial reconnaissance of the Gulveston



Bay system has shown frequent and ubiquitous oil spills




to be occurring.



          On the basis of everything that I have personal-



ly observed, read, and heard entered into the record, I



believe that the recommenlotions originally proposed in



the March 1971 document are reasonable.  Summary wording



is certainly necessary to fairly address the ongoing



activities of other Federal and Starve agencies.  I believe



that there could be some rewording and some improvement to



describe best available treatment, and towards this end,



Region VI has prepared some recommendations, whiijh I will



give to the Chairman and to Mr. Yantis.



          The Region VI recommendations take a much longer



view of the Galveston Bay system.  Therefore, thisy are



not furnished as recommendations to thia conference



but as suggestions to the Texas Water Quality Board that
for loads
3.

-------
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 sw aa




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                 -gnol grid- BB bfBwod gvlid-g  od- rielw yam



                          .mgd-Eya YaS nod-ag\IaO arid-



                   Til  wonri *'nob I enarmiariO . iM



                   avis IIlw I  .bioogi  grid- oint bagi



                   Vysrid  9tB gnol woK   :MI3Ta .HM



                 oum  oa  mgrid- od1 bsbulla 6vari woY



                 ±9 3inJ:rid' I ,9t9ri glqogq yn.sm oa gna



                              a au svls  to  marid bagi



                         .9is gasrid dariw wonji IIlw snoyigvg
                grid-  no  tn±sd-8 . iM   : 3ITWAY . HM
               w cr±  2inxnj X ^isnijBsX  woXB £ lo Dnjtx rns  X



               am mgrid da Mool bna macii  bagi vllsud-oa gw



               nl gno rioas aeuoalb od- nagm ton ob I   .09



                 lo  dioa grid- al d-J: rtnlrid-  d-'nob I dud'  tog
                 a  I  bna eod-
                                    ob  nao yiammuR glqmla
                                                    a±
                     gvari don ob oriw  gonslbws arid n± glqogq



                                   .d-agisdnl lo lagb



                  o  ysa oi bgeu 99lIaV  y.bufl SB 08



                    ,d-± djs gvari a'd-gl oe  tsrnld IJJOY



                        d-arid- al  .JI.O  :WI3Ta .HM



  -nuda d-J: gMam  od  driaw I ,nlBgA   J^OOHHaaWAV . HM



jjtrid1 o* ano±,tabnsmmoo9i ym ton BIB  gaarid d-arid naglo



   o.t ano-tdBegguB TO anold-abngmmoogT gia

-------
                    R. A. Vanderhoof
the Texas Water Quality Board on a long-rang



          MR. STEIN:  I understand that.  Bu



through these.  The problem that I have—and



off the record here a moment.



          (Discussion off the record.)



          MR. STEIN:  Would you go ahead.



          MR. VANDERHOOP:  The first paragra



must be restated.  Originally we were thinki



for the recommendations to the conference.



          1)  The Pood and Drug Administrati



atlon with appropriate State regulatory agen



their recently initiated study of oil and hy



residues in oysters taken from Galveston Bay



objective of determining toxicological effec



of such concentrations.  These data, and any



shall be made available to the conf«rees of
t let us go



 let me go
                                                       39
 h,  of course,



 g of these
 n,  in cooper-



 ies,  continue
 rocarbon
 with  the
 s,  if any,



 evaluations,
 he  Galveston
Bay Enforcement Conference.



          I believe that is identical! with N.I.



          2)  To insure that approved shellfish harvesting



areas are properly classified at all times, sampling for



determining bacteriological acceptability of areas for



shellfish harvesting in Galveston Bay shall emphasize the



moat unfavorable hydrographlc and pollution conditions.

-------
                    R. A. Vanderhoof
The  most  unfavorable hydrographic  and pollution  condition
will be  determined by technical  personnel of the T
2xas
State  Department of Health,  in  cooperation with  the Food

and Drug Administration and  other appropriate State and

Federal agencies.

           I believe that is  generally consistent w[ith the

task force No. 2,
          MR. YANTIS:  Mr. Chairman, I am sure we
did not
want to discuss them one at a time, but there is a very

small bat significant change here which we will bring up

later.

          MR. VANDERHOOF:  3)  Effective disinfection of

all waste sources contributing bacteriological pollution

to the Galveston Bay system shall be provided.

          4)  A regional plan, Including implementation

schedules, shall be developed within  6  monthB f>r col-

lection and treatment of all municipal wastes witnln the
        !
Galveston Bay drainage area.  Regional planning includes

elimination of small plants within a specified time

frame,  centralization of treatment facilities to Include

a small number of large treatment plants and pretreatment

of all  industrial wastes accepted into the system in a

manner  acceptable to EPA.  No toxic or hazardous materials

-------
                    R. A. Vanderhoof
  i
will be permitted to enter the regional system.

          5)  The regional plan shall require the best

available treatment for municipal wastes, and such treat-

ment is now defined, in August 1971, as 5 mg/1

5 rag/1 suspended solids, 1 mg/1 total phosphoroi.s, and

1 mg/1 residual chlorine.  Provisions shall be made for

reduction of total nitrogen to 2 mg/1 as N.
          6)  A Joint waste source survey shall
ducted by the Texas Water Quality Board, in cooperation

with EPA, on all sources of industrial wastes permitted

by the Texas Water Quality Board to discharge effluent

to Oalveston Bay and its tributaries.  These examinations
shall emphasize determination of complex organic
heavy metals and other potentially toxic substances, and
oil and grease from each waste source.  No toxic
hazardous materials will be permitted to enter public
waters.  Recommendations and scheduling of best
be con-
 compoinds,
 or
available
treatment will be provided to the conferees within  6

months.  The Texas Water Quality Board permits and self-

reporting data system should be amended to reflect the

recommendations of this industrial waste source eurvey.

          7)  The Texas Water Quality Board will review

the permits of each waste source discharging to Oalveston

-------
                    R. A. Vanderhoof






Bay  and  its tributaries  and will  amend  them  to  insure  tha



the  beat  available  treatment  is provided  such that  dis-



charges  of oil  and  grease from any  source will  not  exceed



5 rag/1 in any individual sample.  As  technology improves,



this requirement will be regularly  reviewed  and readjustei



to a lower figure.  Pail-safe facilities will be bijllt to



contain  any possible oil or grease  spills.
          8)  The characteristics of wastes descril
ed in
the permits shall be representative of the total amounts



of wastes to be discharged after required treatment.  For



example, BODij is not a proper measurement to describe



strength of industrial wastes.  Limitations in amounts



of chemical oxygen demand or total organic carbon are more



realistic indicators of magnitude of wastes discharged to



public waters.  Wastes permitted shall be expressed in



pounds per day of each type indicator rather than a com-



bination of flow and concentration of each indicator.



The Texas Water Quality Board shall replace BOD wilth



TOG in the self-reporting system.



          9)  A characterization and evaluation of the



water quality significance of materials contained in the



organic sludge dredged from the Houston Ship Channel shalJ



be conducted.   Based on the results of this evaluation

-------
                    R. A. Vanderhoof
and examination of present spoil disposal areas, recom-
mendations will be made by the Texas Water Qua
and EPA on location of suitable spoil disposal
lity Board
 areas to
minimize or eliminate deleterious effects on water quality,
          10}  Cores of sludge from the bottom of the
Houston Ship Channel shall be physically, chemically and
biologically examined for the purpose of determining the
exact source of settleable solids.  With the assistance
of the Corps of Engineers  estimated volumes o * dredged
materials shall be developed, relating to sour :e of
settleable solids.  1-hese estimates shall be furnished to
the Government Accounting Office for recovery of funds
expended on Ship Channel dredging.
               (a)  The city of Houston, the sdveral
     counties draining into the Galveston Bay t.ystem,
     and the state of Texas shall develop legitlatlon
     restricting  earthmovera' work for development
     of land to prevent erosion of sediments ir,to
     the Ship Channel.  A system of penalties 8|,nd
     bonds will be required to protect; the Federal
     Government from excessive costs of dredging the
     Ship Channel.
               (b)  No raw sewage or sludges will be

-------
                    R. A. Vanderhoof






     allowed to discharge into the Ship Channel.



     A system of fail-safe structures, such as



     holding ponds, will be built to prevent  sludge



     from entering the channel.



          11)  Alert levels for acute and chronically



toxic or growth-inhibiting parameters shall be  developed



by the Food and Drug Administration for shellfish f|rom



all approved growing waters, including Galveston B



These alert levels will be discussed with technical! per-



sonnel of the Environmental Protection Agency and will be



presented at the Seventh National Shellfish Sanitation



Workshop sponsored by the Food and Drug Administration



The Environmental Protection Agency, in cooperation, with



the Food and Drug Administration and other appropriate



State and Federal agencies, shall develop parameters for
the same characteristics in waters approved for sh



harvesting.



          12)  Color of the waste effluent from U.



Plywood-Champion Paper Company and Southland Paper



shall be no greater than 75 color units at pH 7.6.
sllfish
 S.
Mills
          You can see from the tone of the following



statement that the Technical Task Force had some dieiousslon

-------
                    R. A. Vanderhoof
of theae previous 12 recommendations.



          The following recommendations were not  uscep-



tible to Joint agreement by the Technical Task Foi)ce and



both versions are presented for the conferees con
tlon.
          No. 13 la regarding the Houston Lightin
Company Cedar Bayou plant, and this is identical



previous 11)that was read by Mr. Gallagher.



          14)  Allowable total waste discharge to



Houston Ship channel, on which the State position



presented and the Federal position is presented.



               (a)  The Texas Water Quality Board



     mendation:  The minimum feasible total waste



     discharged to the Houston Ship Channel shall



     exceed 120,000 pounds per day of 5-day BOD.
                                                  idera-
                                                   & Power
                                                    the
                                                  ,he
                                                   ecom-
                                                   oad
                                                   ot
     Criteria for control of waste discharges to



     channel should be based on water quality dett



     mined at Morgan's Point, such that the rela-



     tiveJ.y cleaner waters of Oalveston Bay could tje



     preserved.  Water quality standards in the



     channel itself, except for definite health



     hazard situations, would serve as indicators



     of waste abatement progress and would not be

-------
    	46
                    R. A, Vanderhoof

     the primary fp.ctor determining levels of waste
     abatement.
               (to)  Environmental Protection Agency
     recommendation:  To meet official State-Federal
     water quality standards established for the
     Houston Snip Channel, the maximum waste load
     discharged from all sources shall not exceed
     35,000 pounds per day of 5-day BOD, including
     projected future development.  This requirement
     must be accomplished by use of the test avail-
     able waste treatment practices, which should
     be continually updated as further technology
     is developed; and fail-safe, nonbypaseing
     devices, such as holding ponds, will be built.
     Consideration shall be given to other waste
     disposal alternatives to discharge to the
     Houston Ship Channel.
          15)  The Houston Port Authority ahall implement
a system of stationary and self-propelled barges to
re-
ceive both liquid and solid wastes from all shipping in
the Oalveston Bay system.  Proper means of disposing of  I
these waste materials, satisfactory to EPA, will be      '
developed by the Port Authority.

-------
                    R. A. Vanderhoof





          16)  The Texas Water Quality Board will immedi-



ately ban the ocean dumping of any wastes from Texas



industries unless such disposal is in accordance with
national policy.  If the Texas Water Quality Board



not have such authority from the Texas Legislature,
                                                   ioes
                                                    it
will immediately prepare and request such legislatisn at



the next meeting of the Texas Legislature.
          17)  The Texas Water Quality Board will i



ately curtail deep well disposal of industrial wast
(excluding return of oil field brine to source formation)



unless such disposal is in accordance with national



policy as described by EPA.
          18)  The Texas Water Quality Board will i



ately begin a program of continuous-flow bioassay t
                                                   nmedi-
                                                   nmedi-
assure that the receiving waters of Galveston Bay aid



its tributaries do not contain concentrations of waste



materials, singly or in combination, that exhibit acute



or chronic toxicity to sensitive, endemic aquatic species



All toxic substances found in wastes discharged to Gal-



veston Bay and its tributaries shall be identified and



the toxicity of each source shall be determined in



accordance with procedures described in Standard Methods



for the Examination of Water and Wastewater, 13th edition

-------
                    R, A. Vanderhoof
          19), and the last.   If,  after  best



treatment as described by the  Environmental



Agency, the water quality of the Houston Shi
                                              available
                                             protection
                                             3 Channel is
not materially enhanced to the  level projectsd  by  the



Galveston Bay Study, an alternate method,  particularly



in-stream aeration, will be implemented.   Coat  of  such



activity will be borne by dischargers in proportion  to



their pounds per day GOD or TOG  loading by industries and



municipalities.  Further, such  in-stream treatment will
be performed in cooperation with and approva



Houston Port Authority.



          Mr. Chairman, those are the gugges



Texas Water Quality Board.



          Mow--



          MR. STEIN:  You are not suggesting



adopted by the conference at this time?



          MR. VANDERHOOF:  No, I am not.  I



out that this appears to us in the Region to  1
                                             1  by the
                                             tlons  to  the
                                              that  they  be








                                             am pointing



                                             e the long-



term program that  the Texas Water Quality Board tihould at



least explore.



          My own recommendations to the conference  are



close to the task force committee, but there  are,  I



believe, significant differences and perhaps, if you  so

-------
                    R. A. Vanderhoof
desire at this time, we can go through and theae



the official Federal conferees proposals to this
will be
confer-
ence .
          MR. STEIN:  Yea.  Well, I would like to
centrate on the action for this conference.  Of c
                                                 aurse
you can have full discussion on any relevant issuss, tout



I think the charge that we have at the conference Is to



come up with recommendations for the conferees he



          MR. VANDERHOOF:  Very good.



          I compared the Federal position with this docu-



ment presented by Mr. Gallagher, and I believe Reiiommenda



tlon No. 1 is the same.



          No. 2 is essentially the same,  but therci are



some differences, so I propose to read No. 2 as proposed



by the Federal conferee to this conference.



               To Insure that approved shellfish



     harvesting areas are properly classified at



     all times, sampling for determining  bacterio-



     logical acceptability of areas for shellfish



     harvesting in Oalveston Bay shall emphasize



     the moat unfavorable hydrographic and pollu-



     tion conditions.  The most unfavorable hydro-



     graphic and pollution conditions will be
 con-

-------
                    R. A. Vanderhoof
     determined by technical personnel of tie Texas



     State Department of Health, in coopera



     the Pood and Drug Administration and o



     and Federal agencies.



          MR. YANTIS:  Mr, Chairman, this i



satisfactory to us.  And as a matter of fac'



way it is.  We simply lumped PDA with other
;ion  with
;her  State
i  completely
   that  is  the
cies.
          But we agree wholeheartedly to th:
that particular recommendation.



          MR. VANDERHOOP:  All right.



               3)  Effective disinfection of all



     waste sources contributing bacteriological



     pollution to the Galveston Bay system j.hall



     be provided.  The Texas Water Quality Hoard
                                                       50
Federal  Agen-
.B reading  of
     policy to this effect shall continue tc;i
 be
     implemented.  Where effective disinfection is



     not presently being accomplished, it isi recog-



     nized that adequate measures are under way to



     secure that disinfection.  These measures



     shall be in effect by December 31, 1971.



          MR. YANTIS:  Well, there is another paragraph



to No. 3 which is on a slightly different subject.

-------
3.
                    R. A. Vanderhoof
          MR. VANDERHOOF:  All right, let me c
               3), the second paragraph:  The



     Water Quality Board will continue to impl<



     its policy requiring the elimination of sr



     plants.  The centralization of facilities



     ever possible, and the halt of proliferatJ



     small plants will continue, consistent wit



     existing appropriate procedures.   The imp}



     tation schedule for this program, as inlti



     by the Texas Water Quality Board, will be
                                                       51
                                               •ntinue  on
                                                exas
                                                ment
                                                all
                                                where-
                                                on  of
                                               emen-
                                               ited
                                               made



     available to the conferees of the Galveston Bay



     Enforcement Conference not later than Apri



     1972.



          MR. YANTIS:  Mr. Chairman, we agree to that,



with one small addition.



          In the original writing of that particular



paragraph, the one on disinfection, there was not a com-



pletion date shown.  We agree that one should ba shown,



and yet we also know that all of the waste discharges



cannot be disinfected by the same date because of the



needs to purchase equipment, carry out certain typos of



construction, and BO on, and emergency methods of

-------
                     R.  A.  Vanderhoof
 chlorination,  stop  gap  methods,  would  probably  not
 effective  and  are probably  not needed.
           So we  would simply  add this  after  the ph
 "these  methods shall be in  effect by December 31,
 or  at such other date as  may  be  feasible  under  pro
 pursued programs of construction," because we happ
 know that  the  city  of Houston is  building its righ
 It  won't be finished by that  date, and I  don't  thi
 we  should  write  something which  we know will not b
 barring some,  let's say,  improperly pursued  constr
schedule.
           If you all would agree to that addition,
 "properly pursued construction program" we will ag:
                                                        52
 be
rase,
L971,
jerly
jn  to
  now <
ik  that
j  met
action
 that
 ee.
          We note a change here too.  So far as this trans-
mission of disease is concerned, domestic sewage in the
source of pathogenic bacteria, even the domestic sewage
within an industry.  In the original writing it said
domestic sewage, meaning domestic sewage wherever found,
but the word "domestic" is now left out.  We would point
out that there are some methods of industrial waste
treatment which do use bacteria, biological systemu, and
disease transmission is not a factor, but there would be
bacteria in their wastes.  I think some thought would need

-------
                                                        53
                     R.  A.  Vanderhcof
 to  be  given  as  to whether  an  Industrial  waste
 a biological  means  is  absolutely  to  be  equated with  a



 domestic  sewage  treated  by  a  biological meant



           But we  will  agree to  the statement as  shown,



 with  the  addition of a suitable work schedule



           MR. STEIN:   This  is Just for purposes  of



 clarification, Mr.  Yantis.  On  the suitable work schedule
presumably you are thinking in  terms of a dis



the public or EPA of what that  schedule would



          MR. YANTIS:  Sure; everything we do



disclosure.  There are no secrets.



          MR. STEIN:  I understand that.



          MR. YANTIS:  No matter what Keith 0
 treated by
 losure  to
 be?
 is  public
'.more  down
there may think.  (Laughter.)



          MR. STEIN:  But again, Mr. Vanderho>f, what



they are saying is that in some cases--as I understand



it, particularly in a large city--December 31,, 1971, is



not a realistic date, but if in pursuing this you put the



disinfection system In in accordance with a suitable work



schedule, then that would be acceptable.



          When do you think you would need the suitable



work schedule to make it public?



          MR. VANDERHOOP:  How soon could you provide us

-------
                     R.  A.  Vanderhoof
 a work  schedule,  Mr.  Yantis?




           MR.  YANTIS:   On  the  major  ones  proba



 do it within  the  next  week.  On  some of those




 probably  take  30  days.   And I  am sure  that  the




 a few who haven't even  sold bonds  or done thin




 that might drag on for  several months.




           But  I will  say this, we  will give  yo




 schedule  long  before  the city  of New York buil



 sewage  treatment  plant.  (Laughter.)




           MR.  VANDERHOOF:  Mr. Stein,  I would  :




 then, that we  hold that  portion  of it  in abeyai



 a point of agreed-upon engineering detail that
ly we could
t would
e would be
B like that
 that work
s a new
ecommend,
ce,
     It is
could be
included later, if this is satisfactory to you



          MR. STEIN:  All right.



          You know, Mr. Yantis, I don't know wljiy you



brought that up, but I am thinking--



          MR. YANTIS:  I thought it would be interesting.



(Laughter.)



          MR. STEIN:  I was thinking of New York.  You



know, when we went up there in a conference  of this type, we



asked them to build that new sewage treatment plant^and



after much travail they decided to do it.   The coat



estimate at the time we started asking them to io it was

-------
                   	   _55
                    R. A. Vanderhoof
$220 million. But because of the backing and fillin
the delays, guess what it is costing now?  $600 mil
So I think there might be a lesson to be learned in
York.
          Mr. Vanderhoof.
          MR. VANDERHOOF:  All right.
          No. 4, I believe, is essentially the same
let me read it to make certain.
               4)  The EPA and the Texas Water Qual
     Board will cooperate in a study of Galveston B
     This study is presently being conducted by the
     Texas Water Quality Board on all sources of
     municipal and industrial waste permitted by
     the Texas Water Quality Board to discharge
     effluent to Galveston Bay and its tributaries.
     These examinations  shall emphasize determina-
     tions of complex organic compounds,  heavy
     metals and other potential toxic substances,
     as  well as oil  and  grease from each  waste
     source.   Recommendations and scheduling of
     necessary abatement will be provided to the
     conferees as soon as they become available.
     The Texas Water Quality Board permits  and
 and
ion!
New
 but
ty

-------
                    R. A. Vanderhoof
     self-reporting data system shall be amende



     as necessary to reflect the recommendation
     this waste source survey.  A progress report



     on results of this study will be made to the
     conferees within   6  months of the date of
B Of
 the
     reconvened session of the Galveston Bay En



     forcement Conference.



          MR. YANTIS:  Mr. Chairman, that is alll right



with ua.  The original wording said in effect that we



had a study going now financed primarily with State



funds, to which in recent times have been added some



Federal funds, and that if you all wanted to help us you



were certainly welcome to do so.   The only change I see



is that instead of helping us you would like to be a



partner, and we are agreeable to  that too.



          MR. VANDERHOOP:   All right.



          5)  The Texas Water Quality Board will



     continue its review of each  waste source dis-



     charging to  Galveston Bay and its tributeiries



     and will amend those  permits as necessary to



     insure  that  the best  reasonable available



     treatment  is provided relative to discharges



     of  oil  and grease.  The  Texas Water Quality

-------
                                                       57
                    R. A.  Vanderhoof
     Board will cooperate with EPA in determining
     what treatment is the *best reasonable aval
lable
     treatment.*  it is recognized that improvements
ture
be
 the
sston
     in technology will be incorporated into fu



     permit revisions.  A progress report will



     made to the conferees within  6   months of



     date of the reconvened session of the Galv



     Bay Enforcement Conference.



          MR. YANTIS:  That is entirely satisfactory.



          MR. VANDERHOOF:  6)--I believe this i} essen-




tially the same as the task force's.



               6)  The ongoing review and amend



     ment by the Texas Water Quality Board of



     existing permits recognizes that greater re-



     duction of waste will be required of waste



     discharges to the Galveston Bay system to



     meet water quality standards.  The conferees




     note that in the past 3  years  the  organic



     waste load being discharged into the Houston



     Ship Channel has been lowered from about



     430,000 pounds per day of 8005 to 103 j 000




     pounds per day of BOD.



          I note in here that the BOD^ subscript has been

-------
                                                       58
                    R.  A. Vanderhoof






left off.



     Any amendment to existing or new Texas Water



     Quality Board waste control orders as a resu



     of this program will prohibit dilution as a



     substitute for treatment.  A progress report



     on continuing reduction of waste loads will



     be provided to the conferees within  6  mont



     of the date of the reconvened session of the



     Galveston Bay conference.



          MR. YANTIS:  That is quite all right.



it is fine; Just the way I wrote it.  (Laughter.)



          MR. VANDERHOOP:  7)  A characterization



     and evaluation of the water quality signifi-



     cance of materials from pollution sources



     contained in the organic sludge dredged from



     the Houston Ship Channel shall be conducted.



     Based on the results of this evaluation and



     examination of present spoil disposal areas.,



     recommendations will be made by the Texas



     Water Quality Board and the Environmental



     Protection Agency on location of suitable



     spoil disposal areas and other appropriate



     action to minimize or eliminate deleterious
mean

-------
                                                       59




                    R. A. Vanderhoof





     effects on water quality.



          MR. YANTIS:  Mr. Chairman, except that the



words "and other appropriate actions" have been adde
this is as it was and it is satisfactory, provided t



we do not read into the words "other appropriate act



a great many things which would not reasonably be co



strued.



          MR. STEIN:  Where is that?



          MR. YANTIS:  It is not in my copy.



          MR. STEIN:  Here (indicating).



          MR. YANTIS:  I am reading the one over her



that we had in Denver.  But this is all right.



          MR. STEIN:  Has that been added?



          MR. YANTIS:  It has been added, but it is




right} it ie fine.



          MR. STEIN:  O.K.  Go ahead.



          MR. VANDERHOOP:  8)  Alert levels for



     acute and chronically toxic or growth in-



     hibiting parameters are being developed by the



     Food and Drug Administration for shellfish from



     all approved national growing waters, includ-



     ing Galveston Bay.  These alert levels will



     be discussed with technical personnel of the
at
11

-------
                                                       60
                    R. A. Vanderhoof
     Environmental Protection Agency and were pre-



     sented at  the Seventh National Shellfish Sani-



     tation Workshop sponsored by the Pood and Drug



     Administration.  The Environmental Protect:.on



     Agency, in cooperation with the Food and Drug



     Administration and other appropriate State and



     Federal agencies, will work to develop param-




     eters for  the same characteristics in the



     waters approved for shellfish harvesting.
          MR. YANTIS:  Mr. Chairman, there is a



there for some discussion.



          At staff level we were concerned with
need
the
interpretation that might be placed upon the woids "alert



level." What would it mean to a professional working in



the field? What would it mean to a newspaperman?  What



would it mean to the general public? How does it relate



to some other level at which something would actually be



prohibited?  There was a great deal of concern and is a



great deal of concern among Food and Drug people over the



word--over the idea itself.



          But the information given hp.re was presented



to the Shellfish Sanitation Workshop and they declined to



adopt alert levels.  So I can only assume that the idea

-------
                                                        61
                     R.  A.  Vanderhoof
 is  still  undergoing  modification  and  further  c.evelopment.



 There  may or  may  not be  alert  levels  developec,.   It is



 one  of these  things  where  the  idea  may  be  goocs  but the



 actual working  out of  it may be quite difficult.



           I would suggest  that we rewrite  that paragraph,



 taking the advice of the Food  and Drug  people  themselves,



 and  simply put  it into its  modern context  as  an  idea not



 yet  developed—not yet adopted.
           MR. VANDERHOOF:  Mr. Stein,  I wonder



call on Mr. Gallagher for any comment  he may h
issue.
          MR. GALLAGHER:  Yes, sir.



          The concept of the alert level is su
 if we coulc
ave on this
3h to
Initiate action by the Food and Drug Administration to



determine whether or not harmful effects may or may not



occur.  It is not an enforceable level, as I understand it



from my discussions with the Food and Drug Administration



This particular vecommendation was reviewed with staff



people from the Food and Drug Administration when it was



being developed by the Technical Task Force committee.



          The Shellfish Sanitation Workshop has been held,



and as Mr. Yantis says, at the time they declined to ac-



cept the alert levels proposed by the Food and Drug

-------
                                                       62
                    R. A. Vanderhoof
Administration.  I understand that they ar




going revision and there is no schedule as
will adopt those alert levels at this time




          MR. YANTIS:  Mr. Chairman, my conment is simply
this, that we should modify the statement



cally correct, and since it is primarily a



and Texas State Health Department statemen
elude whatever statement they would now wish to make on



the same subject matter.
          MR. STEIN:  Right.  Are there an
there?
          The statement says that "Alert 1
and chronically toxic or growth inhibiting



being developed by the Food and Drug Admin
                                           3  still  under-
                                           to when  they
                                           bo be techni-
                                           Pood and Drug



                                           ;, simply In-
                                            problems
                                          evels for acute
                                           parameters are
                                           stration for
                                              they will
shellfish."  As I understand this, presum



be utilized by the Food and Drug Administration, no matter



what we or Texas or anyone else might have, but they are



not going to use it for a regulatory device, Just as



announcing an clert level.  And you are suggesting that



we work with the Pood and Drug Administration to develop



these requirements.   Does that fit?



          MR. GALLAGHER:  Yes, sir, we feel that they are



absolutely necessary in terms of the heavy metals, toxic

-------
                                                       63
                    R. A.. Vanderhoof
materials, and so on.




          MR. STEIN:  No, no.  I know what the



What I am trying to get at is for the purposes
conference.  The point is, we are making a declarative
Judgment on a state of affairs on something to



by the Food and Drug Administration.  You are
 be utilized
not sug-
gesting here, as I read this even in here, that we use
this as a regulatory tool for EPA or the State
right?



          MR. GALLAGHER;  That is the responsibility of



the Pood and Drug Administration.



          MR. STEIN:  That is right.  So I think we should
try to get that Just to reflect their point of
 view is .
 of this
 of Texas,
 view and
indicate we worked with them.



          In other words, I don't see any difference among




the conferees.



          MR. VANDERHOOF:  No.



          MR. YANTIS:  No.



          MR. STEIN:  All right.  If not, let's hopefully




try to work out their problems.



          Thank you.



          MR. GALLAGHER:  Thank you.



          MR. VANDERHOOF:  9)  Chemical constituents

-------
               R. A. Vanderhoof
causing color in waste effluents, such as




from pulp and paper mills, shall be reduce




natural background in area waters as soon




ticable  as stated in existing Texas Mate




Quality Board waste control orders.  A rep




on feasible processes to accomplish this r




mendation will be submitted to the confere




within six months of the reconvened sessio




the Galveston Bay Enforcement Conference.




     MR. YAMTIS:  This is satisfactory.



     MR. VANDERHOOP:  10)  To meet present




official State-Federal water quality stand



established for dissolved oxygen in the Ho
                                           hose
                                            to
                                           s prac-
                                           rt
                                           com-
                                            of
                                           rds
                                           ston
                                           urn
Ship Channel, it is expected that the maxi



waste load discharged from all sources,  iniluding



projected future development, will be about



35,000 pounds per day of 5-day BOD.  The



Texas Water Quality Board, in cooperation with



the EPA, shall allocate allowable waste dis-



charges for 5-day BOD and other pertinent



parameters for the 15 largest sources as



determined by the Texas Water Quality Board



by February 15, 1972.  The remaining waste sources

-------
               R. A. Vanderhoof
on the Houston Ship Channel shall hav



able waste allocations made  by  the



Texas Water Quality Board by June 30,



The total allocated waste load for al



on the Houston Ship Channel shall not



35,000 pounds per day.  These schedul



include interim  dates  and will requ



facilities to be completed! not later



December 19?4.  The EPA will continue



program consistent with statutory req



and in cooperation with the Texas Wat




Board.
                                                  65
                                            allow-
                                           1972.
                                            sources
                                           exceed



                                           B will



                                           re all



                                           ban



                                           its



                                           irements



                                           r Quality
                                      s the one that



                                      I would sug-
          MR. YANTIS:  Mr. Chairman, this



we will have all of our discusaion on, and



gest this might be a good place for a coffee break.



          MR. STEIN:  I think that is a very good idea.



          Let me call your attention to the last sentence




before the discussion.   You  may want to consiider it during



the break.  It really Just restates the secondary require




ment under the law.



          MR. VANDERHOOF:  That is right.



          MR. STEIN:  And you might consider whether you




need it or not.

-------
                                                        66
                    R. A. Vt\nderhoof





          We will recess for about 10 mjjnutes.



                       (RECESS)



          MR. STEIN:  We probably will cjontinue with the



State and Federal discussion here all morning and then
this afternoon hear from as many people
          We have also received several
those people who, according to them, have seen such a
bulk of new material that they wish time
So we will plan at this point to have arjother public



session tomorrow.
          Prom the way the schedule look



don't have some very long presentations
possibly we can accommodate those who want to speak today,



either  the public or official representatives.  Those who



want time to reflect, we will call on tomorrow morning
starting at 9:30.  I am pretty sure we
as we can.
requests froi?
 to reflect on it.
B to me, if we



today, very
ill be able to
complete the open and public seissions tomorrow.



          Mr. Yantis.



          MR. YANTIS:  Mr. Chairman, we had covered a



discussion of disinfection, which to most people means



chlorination.  There are, of course, other methods of



disinfection besides chlorination.  And I did state

-------
                                                       67
                    R. A. vanderhoof
without necessarily being informed at that time, that



December 31, 1971, which is a couple or three months from



now, was not a feasible date.  I suggested that we add,
and we did, "or at such other date as may be



under properly pursued construction progranij




agreed to that.



          One of my staff came up to me Jusl
                                            i a moment ago
                                             is what I



                                             a response.



                                             by at least
during the coffee break and said that he hac, looked into



the matter for the city of Houston,  and thit



would like to see discussed and perhaps hav«



Houston has been held up, so I was informed



8 months by some problem in the EPA Dallas office.  Now,



whether we are talking about approval of pluns or some-



thing else that is not relevant or financing, I do not



know.  But I cannot see that this type of ddlay is what



we really need to try and resolve some of the problems



that are real nuts and bolts types of problems.



          So I would like to have some rebuttal to what




my staff has Just told me.



          MR. STEIN:  Mr. Vanderhoof?



          MR. VANDERHOGF:  I am not surA that this is the




forum to describe the specific arguments.  I do see Mr.



Jones, our construction grants man.  I don't know if he
                                             feasible
                                            11 and we

-------
                                                       68
                    R. A. Vanderhoof
is prepared to discuss Galveston Bay constru



or not.



          Just nod your head yes or no, Anoil



          MR. STEIN:  Well, here is  what  I



like to do, Mr. Vanderhoof. If we have anyon



who can provide an answer to the direct ques



Yantis asked, I would like to see if we can



          MR. VANDERHOOF:  All right, withou



discussion, this would be fine.
ction grants
question?
          Ancil, could you prepare the answe
          MR. STEIN:  No, I mean right here,
public discussion.
          MR. YANTIS:  I mean with public di
 would
B on the stafi
tion that Mr.
jet that.



,  the public
  to that
 not without
 cussion,  Mr.
Chairman.  We are quite sensitive to being c tticized in



public and to having the problem worked out in private.



I would like to have this one worked out in public.



          MR. STEIN:  We are all for working It out in



public.



          Do you want to talk about this or do you want--



          MR. VANDERHOOF:  I think Mr.  Jones knows the



detail of the Galveston situation and perhaps he should



respond to the question posed.

-------
                                                        69
                     R.  A.  Vanderhoof
           MR.  JONES:   Mr.  Chairman,  conferees
           If  I know  specifically  what  problem
 is  troubled with,  I  will be  glad  to  try  to  res
           MR.  YANTIS:   Well,  I  have  got  corns,
 indigestion (laughter), but  mostly I would  Ilk
 what  the  answer is as  to why a  city  of Houston
 treatment plant had  its chlorinatlon plans  hel
EPA for
months, either lack of engineer!
lack of financing,  or whatever.  I know only  t
told me that part of Houston's problem was an
delay in the Dallas office of EPA, and I would
what the delay was. What did we do wrong, sine
we did something wrong.
          MR. JONES:  There were five projects
made grant offers to in March.  There was no s
                                Mr. Yantis
                                 ond.
                                 bunions,
                                e to know
sewage
 up by
g approval,
at my staff
ight-month
                                 ike to know
                                  obviously
                                 hich we
                                 eGific
chlorination problem involved.  That was not t e issue
that deleted any projects in EPA office.
          MR. YANTIS:  There must have been some issue,
since it was delayed.
          MR. JONES:  Well, I understood that we were
talking about an issue of chlorinatlon.  There were other
problems Involved.  Chlorination was not one of them
          MR. YANTIS:  Mr. Chairman, what I am trying to

-------
                                                        70
                     R.  A.  Vanderhoof






determine  is:  Here  is  a  city  proposing  to  construct  a



facility which will  improve  its  public health  posture,
reduce pollution.  As  far  as  I  know  the  city
So far  as  I know we  have,  and  yet  some  problem  haa  occurred
which has held  this  up  for  eight  months.   I
 to know what  it  is.




           MR. VANDERHOOF:   Mr.  Yantis,  I  apparently  mis-




 understood.   Are we  talking of  the  city of  Houston or  the



 city of Galveston?




           MR. YANTIS:  The  city of  Houston.
          MR. STEIN:  Well, you know,  in a s



dismayed at the whole problem.  We had been



area for a while and if there la or has been



delay for eight months, I wish, if this ever
 has cooperatec
think we ough
snse I  am
studying this



 an alleged



 happens
again, that when you get some kind of delay we have




this referred to us at an earlier stage so we can look



into it.




          But let's take the question that wfl have at its




face.  We have a statement made liere that tho: city and




the State have done their part &n<\ sent in a grant appli-




cation on the city of Houston, and because of some action




on our Agency's part the project has been delayed.



          Do you want to comment on that?

-------
                                                        71
                     R . A. Vanderhoof
           MR. VANDERHOOP:  Well,  let  me  taKe  it from
 there, because  I  understood  that Mr. Yantic



 Ing  about  a  specific  chlorination  problem.



           I  understand  the Houston problem



 describe it  to  you.   Ancil,  you corr&ct me
           I presume we  are  talking about Clear Lake.



Within  the water quality standards agreed to by the State



and  the Federal Government  there was a requirement that



called  for diversion of effluent without stating when.



We have called and asked for a clarifidation and a plan



of implementation and a regional plan for tne Clear Lake



area to comply, as we see,  with the water quality stand-



ards .
          The alternative proposed for the
situation was best available treatment.  Thit is, before
the Regional Administrator consigna a const
 was complain-
and let me
if I am wrong.
31ear Lake
ruction grant
he must be assured that he is in compliance with the



water quality standards.  And the way this paragraph is



worded we interpret it to mean that there must be a



regional plan for diversion of effluents, or in the



alternative to have a plan telling specifically when thiis



is proposed, or in the meantime best available treat-



ment .

-------
                     R.  A.  Vanderhoof
           Apparently vie are hung up on the definition of
 beat available treatment.   We  believe it la



 I believe  Texas says  12-12. Apparently this
the 5-5-1i  and
 Is the
 dilemma.
           Is  that correct,  Mr.  Yantis?



           MR.  YANTIS:   I  have no idea.



           Joe  Teller,  are you out there  somewhere?



           MR.  TELLER:   Yes,  nir.
 about?
           MR.  YANTIS:   Is  this  the plant we w
           MR. TELLER:  That  is not  the way  i
 understand it.
          MR. STEIN:  Come on  up, Joe, becau
                                                        72
jre  talking
b  is,  as  I
se  the  girl
who is recording isn't going to hear you.



          MR. TELLER:  The 12-12-1 grew out of our desire



to remove the phosphate from the discharges njoing into



the Clear Lake Basin.  The most feasible reasonable way



of doing that was with chemical precipitation.  When you



take the phosphate down to the level we need to take it



down to, then you can get out additionally the BOD to



get you down to the 12-12.



          We have not said that 12-12 was the best avail-



able treatment or best reasonable treatment and we have

-------
                    R. A. Vanderhoof
                                                       73
not yet been shown vh^* c " '•"•"» the standpoint



organic is needed in the GJL Jar Lake Basin.  If it is



needed, then I don't have \ny doubt that the Water Quality



Board, with a recommendation to this effect, will require



the discharges to go to that level.  But we haven't been



shown that the need exists for that.



          The 12-12 grew, Mr. Vanderhoof, from our desire
to get the phosphate out, and as a result of the



method of taking out the phosphate we could also



BOD down to 12.



          Did that clarify or confuse?




          MR. STEIN:  Well,  let's see, I think I



the light on this.



          Really the delay,  and I put this in q
                                                 best
                                                 get the
                                                 am seeing
                                                otes, the



alleged delay really in both your views does not have to



do with the disinfection operation per se, is this cor-



rect, but another aspect of the Houston problem?  Is that



correct?



          MR. YANTIS:  Mr. Chairman, that is essentially



correct, because when I posed the question I didn't even



know what plant we were talking about.  I was simply re-



porting that here is a plant that needs chlorination,



whatever else it may need is another subject, and for

-------
                    R.  A. Vanderhoof
eight months the improved chlorinatlon ha
vided because of a,  may I say,  bureaucrat
between the two bodies.
          Now, let's point out  here that
veston Bay study which has hardly been di
all.  But the purpose of the Galveaton Ba
provide a tpchnical and scientific backgr
to the making of decisions.  It was long
the Texas Water Quality Board and its pre
significant decisions should not be made
Thert was too much involved in  the way of
sources, simply too many social values to
basis of guesswork.   And the Oalveston Ba
started primarily with State funds to pro
knowledge we did not have, and we have lea
 not been pro-
c disagreement
e have a Gal-
cussed today at
 study is to
und as an aid
,go Judged by
eceasor that
n guesswork.
money, re-
proceed on the
• study was
ide us the
ned a great
deal from the Oalveaton Bay study.
          But in the Galveston Bay study there is not a
Clear Lake study.  The Galveston Bay study simply does
not have the money, the funds, the resources to study
Clear Lake.  In one sense Clear Lake is simply not that
big, though it la very important to the people who live
around it, and we still hope to find some way of studying
Clear Lake.

-------
                    R. A. Vandej
          But here is a small be
wastes are discharged, and we kr
merit that the quality of waste c
body were not good enough.  So v
public hearings and conferences
conference was followed by anotl"
ing by another.  These were all
technical people from everywhere
people, local people, everything
public, they were all advertised
and by mail.  And after all of these considerations we
adopted a tentative order that vould set forth the treat-
ment levels which we thought were necessary in the Clear
Lake area and these Mere circulated for months and months
before they were finally adopted
adopted by the board, and it set
rchedules, reporting schedules,
of hearings and conf ereinces, did
                                                       75
hoof
dy of water into which
ew on the basis of Judg-
ischarges going into this
e started a series of
several years ago and one
er, then one public hear-
heavily attended by
, Federal people, state
   They were all held in
, both in the newspapers
   Then they were finally
forth such things as time
and quality of effluent.
          Only after they were adopted, after these years
 the Federal Government
propose some different quality standards, not because
there was any shown need, but simply because at Lake Tahoe
it could be done.  If you want to go to the beat available
treatment, we can get it down a lot lower than 5.  There

-------
                     R.  A.  Vanderhoof
 are  many  techniques  available  that  could  get
 5.  Are  they  practical?   Perhaps  not.   Are  they  necessary?
 Perhaps  not.  But  there  is no  scientific  sanctity back of
 any 5 number  that  has been thrown out any more than that
 there is any  behind this  12 number that has bsen thrown
 out.
          If  the Federal Government didn't  like the 12,
why didn't they say so when all of the work w
done, when the technical problems were being
So now after we have issued our judgment, we
another set of signals, and we have not resolv
lem in months and months and months.
          We brought this up at the first mee
shellfish conference in June and it appears t;
not any closer to a resolution of it now than
                                                        76
it lower than
as  being
reviewed?
2ome up with
sd  this prob-
ting  of  this
lat  we  are
 we  were
then.  And if that is the kind of progress that we make
on other issues, we will never tiolve the pollution problem
          I did! not know when I raised the lanue of
chlorlnatlon that It was going to lead into the problem
of Clear Lake, which Is another Island yet to bo dis-
cuosed. And I think It does need to be diocuoood here.
But I find no cause for optimism in the continued lack of
reasonable solution (to a problem like this.

-------
                    R. A. Vanderhoof
          If my question on chlorination raiat
issues, I am sorry, but I do want to point ou1
of agreement between two agencies does not ber efit the
public.
          So Mr. Chairman, I think we ought tc
one and bring it back up at the proper time anjd go on
with a discussion of item Ho. 10.
          MR. STEIN:  That is fine.
          Do you want to say anything?
          MR. VANBERHOOF:  Only that Mr. Yanti
the State position.  He has not stated the Fed
tlon, and I will hold the Federal position respunse to him
until we get into this Issue later.
          MR. YAHTIS:  Mr. Chairman, I stated
position and I stated the people's position.
                                                       77
d some other
 that lack
 drop this
5 has stated
Bral posi-
bhe State's
[f the
Federal position Is different, I am sorry.
          MR. VAWBERHOOP:  I cannot agree with you, Mr
Yantis .  I am not sure you do sptiiak for the people.
          MR. 3TEIH:  Self-serving statements are allowed,
(Laughter.}
          May we go on?
          MR. VAITOSRHOOP:  Me had completed Riacommendatloi
No. 10.

-------
                                                       78
                    R. A. Vanderhoof

          Recommendation No. 11--
          MR. YANTIS:  No, we didn't even talk about Io.
10.  We simply read it.
          MR. VANDERHOOF:  All right, I had completed
reading it.
          MR. YANTIS:  Mr. Chairman, I think it shoulc) be
read again and discussed.
          MR. STEIN:  Will the discussion be lengthy?
          MR. YANTIS:  Yes, it Is not possible to disc
it between now and lunch.  You can skip it and go on v:
No. 11, if you wish, and come back to 10.  I don't knrw
what is going to happen on 11, but It is actually what
was Just talking about In a sense.
          MR. STEIN:  Bo you want to talk about No.
          MR. VANDERHOOF:  Well, why don't M<» put the
recommendations out on the table before lunch and then
discuss them after lunch?
                                                      i
          MR. STEIN:  They have been out.
          MR. YANTIS:  Thia is fine.
          MR. STEIN:  That's right.  Me are so close to
lunch, I think we should proceed in sequence, and perhaps
we can beat  the ruah if we reeeits now.  Let's try to toe
back from lunch at half [va«tt 1.
UBS
ith

-------
                                                  79
               R. A. Vanderhoof






     We will recess for lunch.



     (Whereupon, at 11:50 o'clock a noon re



was taken.)
ess

-------
                                                      80
                    AFTERNOON SESSION




                TUESDAY, NOVEMBER 2, 1971
          MR. STEIN:  Let's reconvene.



          I believe we were discussing the recommenda-



tions .




          Mr. Yantis.



          MR. VANDERHOOF:  Mr. Stein, I hadn't completed



reading my recommendations.
          MR. STEIN:  Oh, I am sorry.  Go



          MR. VANDERHOOF:  May I proceed?




          MR. STEIII:  Yes.




          MR. VANDEHHOOF:  I had finished
mendation Mo. 10, and I recognize, Mr. Yantis, that you
neither agreed nor disagreed with it at t
                                         1:30 o'clock
 ahead.
 reading Recom-
iis  time  and I
expect comment later.



          Reconmendatlon Ho. 11:



               All waste sources--



          MR. 3TBIM:  Do you want to skip to 11 first?



          MR, VANDERHOOF:  I read 10.



          MR. STEIN:  Yes,  but wo had morn; comment.



          MR. YAWTIJt:  That Is all right.



          MR. STEIN:  All right, go ahead,



          MR. VANDE1WOOF:  All waste sources which

-------
                    R. A. Vanderhoof
     discharge directly to Galveston Bay an
     tributary areas, including Clear Lake,
     have allowable waste loads allocated b
     1972, consistent with best available t
     practices.  This allocation includes In
     dates for accomplishment of required w
     treatment and/or waste treatment facil
     will be in operation by December 31, IS
          Recommendation No. 12 is identica
cms one which related to the Houston Lightir
Cedar Bayou plant.  It is identical.  I wil
you wish.
               The following recommendation
     not susceptible to Joint agreement by 1
     Technical Task Force and both versions
     presented for the conferees considerat:
                                                      81
                                        other
                                       shall
                                        June 30,
                                       eatraent
                                       terim
                                       ste
                                       ties
                                        to a previ-
                                       g & Power
                                        read it if
                                       was
                                       he
                                       are
                                       on:
          Re:  Houston Lighting & Powe:
Cedar Bayou power plant -
     (a)  Texas Water Quality Board reiisom-
     mendlatfion.  The once-through cooling
     system, with discharge to Trinity Bay,
     proposed for the Cedar Bayou plant shall
     be carefully monitored to determine

-------
                                                      82
Stein.
                    R.  A. Vanderhoof
          whether irreparable damage to aqua



          life is occurring and/or water qua



          is being deleteriously affected.



          such effects are shown, Houston Li



          & Power Company will take immediat



          to correct the situation.



          (b)  Environmental Protection Agen




          recommendation.  No discharge of c
                                   ity
                                  jhting



                                  !  steps
          water from the Cedar Bayou plant ta



          Trinity Bay sftall be permitted.  Tie



          Houston Lighting & Power Company shall



          be required to abate the waste heat
          load by incorporation of a system utiliz-



          ing recirculation and reuse of coo



          water to Tabbs Bay and adjacent wa
                                   era



or location of additional units at



suitable alternative alteis.



That Is the end of my recommendations, Mr.
                                  soling
                                  ling
          MR. STEIM:  TKianfc you.



          Are there any questions or comments?



          m, YANTIS:  Kr. Chairman, the commonts that



I would make on Mo. 10 arc rather battle to our Houoton

-------
                                                      83
                    R. A. Vanderhoof
proceeding and would be, of course, I think quite long,
          We had in the original series of recommenda-
tions, No. 4, which talks about a Joint study, as
turn out to be, of the Galveston Bay system with recom-
mendations as to corrective actions, and so on, to lie
made within the end of  6  months.
          No. 5, the Texas Water Quality Board will con-
tinue its review of each waste source and will amend
those permits as necessary to insure the best reasonable
available treatment, especially with regard to
 it will
oil and
grease, and again a progress report will be sutmitted in
six months.
          No. 6, the ongoing review and amendment by the
Texas Water Quality Board of existing permits lecog-
nizes that greater reductions than have bean int,de will
undoubtedly need! to be made in the future, and we point
out the reduction that has been made up to this point.
We also have pointed out that MO do rot propose dilution
in lieu of treatment and a report will, be made in 6
months.
          No. 7 haa to do primarily with the laludgon on
the channel In the channel bottom.
          No. 9 has to do primarily with the «olor.  It

-------
                    R. A. Vanderhool'
also says a report in  6  months.
          Then we come to 10 as it has been
it seems to be out of keeping with thoae thijit 1 Just



mentioned.
          Now, the way we had it, we agree •



official water quality standards for dissol



the Houston Ship Channel we think, and that



that the waste load which the channel can a
                                            ;hat  to  meet
harmi is about 35,OOO pounds of BOD, 5-day BOD.  This is
purely a guess based upon some computer worl: and some



thinking, but there is nothing about it thai



as to use it as a firm design basis.



          I think there is no need to uso H



design basis.  The number which the channel
                                             altered,  and
                                            'ed  oxygen  in



                                             is  my  word,



                                            icept without
                                            i  is  so  solid
                                            ;  as a firm
                                            can accept



might well be 60, It might well be 10, but looking at



the history of the channel a long, long time ago, it has



probably had far ^.-c-ater than 35,000 poundu per day of



5-day BOD back in the days when people thought the



channel was in quite good condition.



          So I would Hike to point out the uncertainties



involved in the 35,GOO pounds of BOD per dmy, plus the



error that la Implicit In trying to uoc tliat to the



exclusion of some other things.  I cannot nay that we

-------
                    R. A. Vanderhoof
htive excluded other things, but our thinking
as though we did.
          And Mr. Gallagher sitting here in 1
in the red shirt la quoted in the paper, in ijr. Harold
Scarlett's article—
          MR. STEIN:  Does the red shirt hav«
to do with Mr. Scarlett?
          MR. YAJJTIS:  Yes.  When I cut his t|hroat, the
blood won't show.  (Laughter.)
          Mr. Gallagher saAd the restudy confirmed a
State contention that the total BOD, meaning
oxygen demand, load going Into the ship channel had been
greatly reduced since 1968. But the other parameters are
still quite excessive, and these are the ones
                                                       85
is projected
ront of me
 anything
biochemical
 we feel
will have the most effect on aalveston Bay and its shell-
fish.  He listed the other parameters as cheitical oxygen
demand, suspended solids, oil and hydrocarbons, organic
content and heavy metals.
          Veil, I think that BOD Is sufficiently unknown,
sufficiently Imprecise,and the response of the iiihannsl is
not accurately confuted, that to lock in on 35»000 pounds
of BOD aa a firm design parameter is  a mistake,  I also
think that we are mot in a position yet intelligently to

-------
                      R.  A.  Vanderhoof
  allocate the pounds of BOD which can be discharged among

  the various industries on this precise a basis,  and I

  would Include that among the cities.  We do not yet kriow

  the position of the Gulf Coast Waste Disposal Authority;

  -jo do not yet know the names and locations of Industries

  not even existing now; we do not know the purchases back

i  and forth among industries which may be on the channel
I
  I think it is a little bit like Pandora's box.

            I don't beltevethat we are prepared, that anyone

  is prepared, to lock in the amount of waste discharge

  that each source along the channel can have, not even the

  15 largest sources, and say there can be no more.  I

  think it la leading to a mistake.

            It also will lead to souse very significant

  legal complications.  There was an attempt to introduce

  legislation into the State legislature roughly three

  yeara back which would; clar fy this problem by legis-

  lation.  The legislation didn't even get through its

  first sponsor because of the number of problemo  that it

  would raise,

            3o I think that the accomplishment of  reducing

  the waste load going Into the channel measured in terms

  of BOD--which IB Itself not really a proper method of
                                                        86

-------
                                                        87
                    R. A. Vanderhoof
measuring ordinary industrial waste but it ia one  of  the


methods which we have—but we have reduced ib from over
^•00,000 pounds per day to less than 100,000
ar to about
100,000, due to construction of treatment plants either


under way or proposed, coupled with plant improvements.
And remember that the reduction which we had


to which you have agreed, is in the face of


growth and in the face of industrial growth.


brought it down to about 100,000 or less.  I


come down on the momentum of the program pre
somewhere between 50,000 and 80,000 pounds o ' BOD per day
I have not run a calculation out on the figu
next year or two years.  To try to put a firn BOD value or
the channel limit at this time I feel negatei


eratlon of the progress that has been made,
;he  advice
that may come from the Galveston Bay study, und I think 11
gives an unreal sense of understanding of th


cess which is simply not in existence.


          So I would like to suggest that we
 noted,  and


population
  We  have
b  will  probab


jantly  going
:e--within  th
I  the  consid-
t  entire  pro-
 go  back  to
the discussion that took place within the lat.t few hours

                                            i
or even few days and suggest that wo delete the 35>000


pounds as an absolute goal or guide and simply agree


that we will mutually review all the waste discharge

-------
                                                      88
                    R. A. Vanderhoof
permits and as a continuation of the program already in



force make the best Judgments we can make until we are
in a position to make better Judgments.



though we could make these good Judgment
fact cannot, I think, does the public a disservice and
industry a disservice. And I think is not



mentary of any of us who want to do that
undertaking.



          But anyhow, I could go on furtlher.  I think
it is unnecessary.  But I would suggest



to the thing that can be done which has
good, which will accomplish more good, end review these
permits, waste discharge orders, without
as is proposed in the rewritten document.



          I would like to suggest one problem which has



been brought out here.  It is about our communications with
your Dallas office, with your Washington



were assured that no new material would



or if it were to be proposed we would be
 To proceed as
s when we in
 really compli-
 kind of an
that we go back



accomplished
 a limitation,
 office.  We
be proposed today
 told.  It has
been proposed, we were not toldl, and this gives us a



real problem in responding quickly to things that come



up.  A number of the documents that are here today hnve



not ever been seen by anybody until today, and I do not

-------
                    R. A. Vanderhoof






think that  ia a proper way  for EPA  to  go  about  ita



business, but apparently EPA does think so.  But  you



have to understand the handicap that it puts on us.



          MR. STEIN:  Van,  do you want to  comment?




          MR. VANDERHOOF:   I sure do.



          Mr. Yantis, I understood  that you partially



wrote No. 10 in Denver and  you specifically agreed to




a 35j000 pounds limitation  in the Houston  Ship Channel.



It appears  to me that we have to have  a point of  begin-



ning.




          Now, you have studied the Houston Ship  Channel



for many years.  You have a fine professor, Roy Hann,



whom I saw around here not too long  ago, who made a



good study.  He concurs that 35,000 pounds per day of



5-day BOD is a good objective, an Immediate objective.  I



can't see why an action program can't  be based upon this



          If it can't be based upon some finite number,



we will gat nowhere, we will never  achieve the water



quality standards that Texas has pledged to achieve,



and I submit that we must start somewhere.  Let's start



with that 35,000.



          MR. YANTIS:  Mr.  Chairman, we brought the



standards Jown--I mean the  actual measured BOD down from

-------
                    R. A. Vanderhoof






over H-00,000 to leas than 100,000 without that  partic



goal being fixed in concrete.  I would point out  that



great number of these BOD's in the outer reaches  don



ever get down there in the first place,  so the real



load reaching the Ship Channel is even less than  has



been projected.



          My only objection is the language selected




I do not think that a flexible goal, a guide to your



thinking, should be couche-i in the language in which



read no f lexibilitjjj that says as follows: "The total



allocated waste load for all sources on the Houston S



Channel shall not exceed 35jOOO pounds per day



          I do not see any flexibility, ar.y recogniti



that this number might be wrong.  If you will reinsert



that we will, use this as a guide to our thinking  but



we are not locked in on it, then I will agree to  it.



you leave it as it is, I will oppose it.



          MR. STEIN:  Let me try this.



          I am reading from the statement of the  Pedt
       ip



H
                                                       90
       lai
       hat
       If
       al-
State Technical Task Force.  This is one document I nad



in advance and I thought that at least the Federal-Spate



technical people were in agreement on it.  This reads,



and I took the pertinent sentence, it la very small:

-------
                                                        91
                    R. A. Vanderhoof


                To meet present official State-

           Federal water quality standards estab

           lished for dissolved oxygen in the

           Houston Ship Channel, it la expected

           that the maximum waste load discharge 1

           from all sources will be about 35,000

           pounds of 5-day BOD.
           Now, as far as I understand it, both

 and the Federal technical staffs agreed on that

: in the task force and in the committee.  I thin

 significant. Let me parse this a little--! hope

 overdo this--as a passage from the Good Book or

          nTo meet present official State-Pedera

 quality standards. That means the State has app

 these standards, the Federal Government has app

 these standards.  Both the State and Federal pe

 believe that about, and I agree possibly with M

 that about 35,000 pounds of BOD including futur
bhe State
 statement;
  this is
 I won't
 something:
          i
  water   i
roved
 oved
 pie

 .  Yantis,
  pro-
 jected development--there you go,  and presumably the

 technical people have taken that into account—will have

 to be considered.

           Now,  let us assume that  it may take  a year or

 may take two years or may take less  for this  35,000 to

-------
                                                        92
                    R. A. Vanderhoof
 be adjusted if It is going to be adjusted, anc. I don't
 know one way or another if it is right.  But J



 going to embark on a program immediately to we



 or expect to tell an industry or a city what



 reduction they are going to get or to start pi



 next month or the month after that, what numbe
 going to use if we don't use this which I thought was the
 one selected by the State and Federal people?



           Conceivably, certainly, according tc
 point, this must be adjusted later, but this nay be, if



 you are talking about a study, a year or two years away.



 The suggestion is that we are going to be in a difficult



i situation in assigning an allocable figure of discharge



 or approving a permit for any individual source unless' we



 know what number we are shooting at tomorrow,



           And I would like to have some kind of Judgment



 on it, because I don't think you fellows are far apart



           MR. YANTIS:  Mr. Chairman, let me read what



 was written previously, to which I do give my whole-



 hearted endorsement.  Now, please understand,  and the



 lau_  down here in the red coat—and I have nothing to go



 on for red Just because Gallagher's shirt is red and her



 coat is red—she was asking some questions about water
f we are
rry about



ind of waste \



annlng for ;
r are we
 your

-------
                    R. A. Vanderhoof
 quality standards and how did we know they


 standards and how did we know they shouldn


 Contrary to what one of the Federal people


 her a while ago, we have been specifically


 that the Federal funds available under Sec


 not be used to determine whether the water
I ards should be altered, whether they shouli be changed.
i We have been told they can be used only to


. enforcement scheme for the water quality B


 have been set.  I hope I am wrong, but tha

i
 have been told.
!           Now,  since I helped set the wate


[standards,  1 helped write them,  I reviewed
!
' went into them,  I am rather familiar with


 did not go into  them,  the things that were


 guesses that were made,  the number of publ


 which the public did not come,  I am ff.mili


 these things,  and since  in a sense I wrote
                                                        93
 were the right
 t be different.
 was telling
 instructed
 ,ion 3(c) can-  |

                i
 quality stand-i
 develop an
tandards that
t is what we
r quality


 the data that
 he data that
 not known, the i


 c hearings to  I
ar with all of
 them, I fail
 to find any basis  right now  for  the  Federal  Government


 thinking I  know  nothing about  thesm.   I  think that  I  do.


          But we set  these by  arbitrary decision,  by


 guess,  by Judgment.   They are  pretty good, but  they  aro


 not  perfect.   And  we  brought this  out at  the June  session

-------
                    R. A. Vanderhoof
 very vigorouoly.  It is Just  as valid  to  look  at  the



 water quality standards and see if they are wrong  as



 it is to work out a procedure for meeting them no  matter
I
 what the cost.



           NOW, we did sey to meet the present water



 quality standards established for dissolved oxylgen in



 the Houston Ship Channel--and let me point out that our



 original goal, no matter what it says now, and I know



 what it says-.-but our goal was to avoid septic condition*!



 in the channel, which means dissolved oxygen at any levelj



     We started out with a half and we tried on one and



 we argued, negotiated--no science;  negotiation--with the



 Federal representative of the FWQA at that time.And he in!



 a sense insisted on 2 because fish would live at 2.  But 1



 there is nothing that says it is right,  nothing aays it



 is wrong.  It is Just a number picked out of the air.



           But it is the number that goes into the com-



 puter when you try to come up with  35,000 pound,  of BOD.
I
 If I put 1 in there instead of 2, no one in this room



 would ever know the difference, but the computer would



 come up with a totally different answer on the pounds of



 BOD the channel can take.  If we put 4 or 5 or 6 in the



 computer,  a good high dissolved oxygen level,  the

-------
                    R. A. Vanderhoof
 computer would probably tell you that the
                                                        95
                                            Ity  of Houston
 and the Industry in thia area could not even exist and


 have any kind of a discharge at all.


           The entire transaction >*e are LaLclng about
 here is sensitive to the dissolved oxygen 1


 been picked and the one that Is picked is a



 though It is probably a pretty decent guess


 is nothing sacred about it.


           But to meet this level, it is exp


 to me the word "expected" does not read the



 "shall not exceed"; I do not equate those t


 synonyms--lt Is expected that the maximum wa
i

i charged from all sources will be about 35>00



 5-day BOD, including future development.
                                            vel that has
                                            guess,
                                              But there
                                            cted—now,
                                            same as
                                            rms as
                                            ate load dls- ,'
                                            ) pounds of
           At this point we have agreed upon <
                                              guess
                                                      We
                                               a pretty
think we are in the right ball park and it


rigorous ball park, I will tell you.


          Studies scheduled for completion irj 1973, and


from here on please keep thlo in mind, the Te,xas view la


that as soon as we know what should be done we will do


it.  We interpret the Federal view as you do It whether


you know what you are doing or not, and I do not buy that


philosophy.  Studies scheduled for complfttion in 1973.

-------
                     R,  A.  Vanderhoof
  That  is  only  two  years  away,  roughly,  and



  Channel  has been  there  for  70 years,  so  it



  it  was Just invented  yesterday.   These stu



  provide  the basic  mechanics necessary  to a



  water quality in  the  Houston  Ship  Channel.



           We  do want  to  clean up  the Houst



  and we want to do  it  intelligently and pro



  economically,  and  we think that we need to
I
 we now  know  to do  it.
                         Therefore, we have
 Bay study.  I wonder why  the Federal Gover



 money into it if they didn't believe in it



           Between now and the completion o



 this is only twc years.  Now, remember in



j years roughly, maybe four, we have cut the



 are other parameters that ar« Just aa impo



 cut the BOD to one-fourth of what it was b
                                                         96
                                            he  Ship
                                            is  not  like
                                            ies  will
                                           hieve  maximum  '
                                           n Ship  Channel



                                           erly and
                                           now more than
the Galveston
                                           ment put some  j
                                            the study,   :



                                           he past three j



                                           BOD—and there;
                                                         I


                                           tant--we have j

                                                         i

                                           fore.  No one j

                                                         i
challenges that.  And it will be cut furthjar in the next j



year or two without any action by the Federal Government



whatsoever because of the actions that we have already



taken or will take.



          So it is not like we are about to walk off of



a precipice.  There is already a direction established,



waste treatment facilities being built by cities and

-------
                                                       97
                   R. A. Vanderhoof
industries.  We are going to get consid



100,000 level where we are now.  But st



for completion in 1973 will provide the



for how to go about doing it right.



          Between now and. the completio



the Texas Water Quality Board will cont



of waste reduction described in Recomme



Now, I read you No. 6, which simply say



continue to review and amend the exist!



order to Improve the quality of waste b



    We will continue thatj and we do not



absolute locked-in goal in order to do



tinue this as described in Recommendati



completion of the study,  determine--and



1973, though which end of 1973 I don't



moment--upon completion of the study, d



be made by the Texas Water Quality Boar



measures,  if necessary,  beyond its ongo
rably below this
dies scheduled
basic mechanics
 of the study



nue the program



dation No. 6.
 that we will
g permits in



ing discharged.
have to have an
t.  We will uon-
n No. 6.  upon



that is Just
now at the
termination will '
 upon further



ng program to
insure adequate water quality in the Houston Ship Channel*



          And there are many, many things that must be   j



considered.  There is diversion, there is water reuse,



there is additional treatment.  It is mentioned somewhere



else there are such things aa in-stream aeration.  There

-------
                                                         98
                     R. A.  Vanderhoof
 : are a lot of things that we ought to
 I
 t
 ' we have spent considerably over sever
 i

  to try to :ind out these answers.


 j           Two years to go and we


 ! than we know now.   Can anyone please

 ; urgent that we have got to do it next


 ' know how?


            MR.  STEIN:    Do you want  to


            MR.  VANDERHOOF:   Surely.


            MR.  STEIN:   --or shall I?


            MR,  VANDERHOOF:   Go ahead.


            MR.  STEIN:   Well,  I have a

            What you said,  and I think


  firm,  if  you put it in the  computer  a


 1 of dissolved oxygen or 2,  no one  in  t


 ! the  difference.  That  is  true.   But  t

  the  difference.
 i

 '           MR.  YANTIS:   Not  the  fish  i
 ake  a  look  at.  And
 1  million  dollars
know  a  lot more
ell me what  is so
month when we don't
reply to that--
o ahead.
roblem here.

o put it really


d you put 1 part


is room would know

e fish would know
 the Houston Ship
| Channel.   (Laughter.)
i
I            MR. STEIN:  Sure would, if ;there are fish.


. Now, we have had standards in the waters of the United


: States and here is what we are talking about in a lot of


; the States, whether we are going to have 4 parts or 5

-------
                                                       99
ppm,
                    R. A. Vanderhoof
When we get down to 2 we generally fl
                                            id we have
septic conditions and all—euphemistically  sailed an



industrial stream.  An industrial stream is



euphemism for a polluted stream.



          Now, if we are talking just about



2--there aren't many places that have 2; ma



River in Alabama, or below 2 in the Arthur



Staten Island and New Jersey; below 2 somew.



Delaware River around Chester--there are no



places in the country that are down to 2.



          You fellows are going to have to



but the problem that I have here, if we are



argue whether we are going to come to the o



2 and that if we go to 35,000 that you have



you might exceed 2, I suggest that possibly



wouldn't come to the end if there is more t]



dissolved oxygen in the Houston Ship Channe



talking about 4 and 5 and 6 and 7 for desirj



levels for fish.



          MR. YANTIS:  Mr. Chairman, if you will look at



the water quality standards,  they .recognized that there



was a time when Buffalo Bayou was a bayou, it was not a
                                      just another
                                      maintaining
                                     IT be the Mobile
                                     fill, between
                                     lere in the
                                     t too many
                                      lecide this,



                                      going to



                                      )Jective of



                                      computed and
                                      the world
                                      lan 2 parts of



                                      . when we are
                                      ible oxygen

-------
                    R. A. Vanderhoof
 Ship Channel.   It was a typical southerr

 bayou subject  to the ebb and flow of th

 to rainfall, subject to mud, subject to

 can think of.  I was raised in the coaa

 and I know what I am talking about.  Th

 around the year 1900 it was dredged to

 From and after that date the city of Ho
 grow,
           But this is not a recreationa
 it never was; it was never intended to

 around Baytown there are some waters ar

I some of the  little bays, where people h

: homes.  And  upon one of these bays I UB

• so I do know that area.  Those people i
i
i have a right to good water quality.

           But this is not a fisheries r

 only supposed not to injure Galveston B

 injured Galveston Bay in the past, we k


 there is no basis for any claim that wi

 years the Houston Ship Channel needs 5
                                                        100
 United States

e tide, subject

 everything you

 al area of Texas,
 n somewhere
 e a ship channel.

uston began to
  body of water,

 e — except down

 und  the edge,
 ve built their
 d to live myself,
                  i

  those edgewaters,
 source.   It is
     It has
 ow this.   But
 hln  the  next  20

 r  6  ppm  of  dis-
 solved oxygen.  It is simply a waste of a resource.  It

 is like buying more pair of shoes than you need when you

 don't even have pants.

-------
                                                        101
                     R.  A.  Vanderhoof
            MR.  VANDERHOOF:   Mr.  Yantia--

            MR.  YANTIS:   There is simply no basis for

  ing to produce in the  channel some things which are

  germane to the channel which are not recognized in
 try-
Law
  at  this  present  time.

            Go ahead.

            MR.  STEIN:    Go on.

1            MR.  VANDERHOOF:  Mr.  Yantis,  the  Federal
i
;  Government has never asked for  5  or  6  ppm in  the  Hciuston  j
  Ship  Channel.   We  are  asking  for  protection  of  the

  area,  the  oyster-producing  area.

            Now,  you are asking us  to  wait   2   years
bay
for
•  the  results  of  a  study,  yet  your  own  study  shows  tnat

i  35,000 pounds per  day  right  now is  a  reasonable nuijiber

j  to shoot for within  the  channel.  Now,  if you  ask  ijts to

j  wait for  2  years and then  maybe not like  those  answers,

j  we will never get  started.

           MR. YANTIS:  Mr. Chairman,  I  would like  i;o ask

  if most of you  would like to quit college at the  end of

|  your sophomore  year  Just because you  don't  have time to

  graduate.  I think we  are talking about the same  thing.

           We began the Galveston Bay  study  cooperatively

1 with the Federal Government  of the  United States,  and the

-------
                     R.  A.  Vanderhoof
  fact that we had a different administration then

  have now is not important.   The fact that it was
I
!  Department of the Interior  then and is  not now,

  not important.   But here you are in effect sayin

  though  we approved a Galveston Bay study, althou

I  believed you needed the  additional knowledge tha

1  would propose,  if we believed you needed the pli

  that it would produce, you  are saying that you  n

,  that you were wrong and  that you should  proceed

  this extra knowledge.  I simply cannot  conceive

  one who feels that there is  such a panic abroad

  have to proceed before we know what we  are doing

            We have already brought the channel do

.  manageable proportions.   It  will come down much

|  in  the  next two years.   We have  already  eliminat

  marily, from at  least the  effluents,  the  heavy me
,  that we were  concerned about.  We are eliminati
                                                        102
 than  we
 in
rhat  is
rh we
,  it
lining

   think
 ithout
f any-
hat we
n to
urther
d pri-
als
 the
 suspended solids.  There is no reason to believe that

 these things will not be carried further.

           And I think, going back to Mr. Gallagher's

 remarks as quoted in the paper, that we are getting so

 locked in on BOD that we are forgetting essentially what

 we are trying to do, which is to put the channel into

-------
                   R. A. Vanderhoof


pretty good shape by the most  intelligent  me


at a time frame  that is reasonable and which


the public as far as the public needs protec


          MR. STEIN:  Are there any other  co


          MR. VANDERHOOF:  Of  course.  (Laug!


me it is unbelievable the way  words are twis


Federal Government greatly endorses the Galv


study.  We need  to know the stresses upon  th,
strongly suspect that bay is near  the breakir.g point, and
we want to know what is a proper number for


          We believed and we understood that


already been developed for the Ship Channel.


why thest two things can't go hand in hand.


the channel number.  Let's proceed with it.


logical method, order of business, Is to pro<


the reduction of other loads to the Galvestoi


          MR. YANTIS:  Mr. Chairman, if the !


which I had written originally out in Denver


that 35,000 pounds of BOD per day is a usabltt
                                                       103
hod we can
does protect


ing.
rnents?
ter.)  To
ed.  The
ston Bay


t bay.  We
he bay.      !
             I

a number has'
             I

 I can't see•
We now know
The next
eed with
 Bay system.


anguage


does project
 but not
accurate design goal and that we should continue the


program that vie have until we know better, and if this


says about what is said in the new statement which 1 saw


this morning for the first time, why don't we simply go

-------
                                                       104
                   R.  A. Vanderhoof
 back  to  the  one  we  wrote  In  Denver?   It  did  ae



 quite  a  bit  of support  among the  technical peo



 knew  what  they were  doing  at that  particular  p



 about  it is  all  at  once so bad  that  somebody  n



 nically  competent should  simply throw  it out  i
 ton?
          MR. STEIN:  I don't know that  it  is
1 bad, but let's see If I understand it.



|           You had a statement in Denver that s
i

' expected the maximum waste load from all sourc



} about 35,000 pounds of 5-day BOD, and we are g

i
I have a study for completion in 1973 which may
some more information.  0. K.  You have got pe



coming in every day.  We are going to have to I



Federal permits.



          Until the score is in on the 1973, wl



do you use or how do you make an allocation fo:
                                                 n to have  •
                                                 le that
                                                 int.  What
                                                t tech-
                                                 Washlng-
                                                echnically
                                               id, it is
                                               s will be
                                               ing to
                                               ive us
                                                mits
                                                ave
                                                at number i
                                                 the day-
to-day decisions?  Is it your suggestion, Mr. Mantis,



that we use the maximum waste load from all sources,



aboat 35,000 pounds a day, since this is the best Judg-



ment we have now?



          MR.YANTIS:   No, Mr. Chairman.  We know on the



basis of what we measured in the channel and the rate of

-------
                    R.  A.  Vanderhoof
  industrial  growth which  is  taking  place,and  1

  though you  had two  brand-new  major  industries

  every day along  the  channel.  Houston  is  simp

  lucky.  They wish they were,  I  am  sure.

           We know that the  population  growth,

  industrial  growth,  if we shoot  for  BOD levels
i various effluents, plus the removal of the to
I
I things like that of numbers between 20 and 50
i
, general range, we know that the load on the c

 continue to come down, the channel will conti

• improve, and probably just about aa fast as i

; right now that you have got to shoot for a BO

 still takes time to design these tilings, to b

• ment, to let the Gulf Coast Waste Disposal Au
i
' its negotiations among industries, and so on.
f
I           You are not really wasting any time
                                                        105
;  ie  not as
 created
Ly not that
 the
 in  the
cins  and
  in  this
 annel  will
    to
  you  said
  of  10,   it:
y the equipt
hority make
while you
 do it this way.  The essential difference is fthat I say

 we will continue as we are, which has proved (successful.

 And as soon as we learn, in about two more yenrs, what we

 ought to do,  then we will go do it.  And you are saying,

 don't wait to learn it, go do it now anyhow.

           MR. STEIN:  No, I'm not saying*-

           MR. VANDERHOOF:  You have already learned it.

-------
                                                        106
                    R. A. Vanderhoof
           MR. STEIN:   I am not  saying  don't wait to



 it,  because  I rely  on  the technical people.  You sa




 maximum waste load  discharged from all  sources will




 about  35,000.  Then what I am saying,  if this is th




 information  I have—and this it; from the State peop




 our  Federal  people—this seems  to be the judgment w




 going  to make.




           The only  thing I have to say  about this i



 the  devil  are we going to get for that  35,000, a mi



 2 ppm  of oxygen, which is Just  above nuisance level




 that isn't very, very much you  are asking for.



           If you are scraping the minimum that you




 going  for, it wouldn't be so terrible,  it seems to
you went a little above it if you were wrong,
But
problem that I have with this—and I Just put this
     learn
      the
     be
      best
     Le and
     3 are
      what
     erable
       And
    are
     e, if
he
     o you
because I am really groping and trying to look at tihis .




          Let us suppose you have cities and 15 or 20




large industries coming in on a permit.  What other




figure, other than the 35,000--which I didn't produce,



which you people did produce—do we have to look at to see




if those permits are anywhere within the ball park?  And




I really put that to you.  This isn't a legal Judgment.

-------
                                                       107
                    R. A. Vanderhoof
this is a technical Judgment you have made.



          MR. VANDERHOOF:  May I speak to that, Mr
          MR. STEIN:  Yes, sure.



          MR. VANDERHOOF:  Mr. Yantis,  if Texas wajs truly



hurting, I think we would be sympathetic.  But I quote you
one example of where you can reduce immediately 37
pounds of 5-day BOD, and I submit that is significant.
          You have two plants in the Houston area.
two Houston plants.  They now have a permit for around
39,600 pounds.  That load can be reduced to 2,100
per day at a cost of between 2 and 3 cents per person per



day.  Now, I submit this isn't unreasonable, it can be




done.



          Similarly, I would think if you would examine



every industrial permit--we know there is treatmen
for everything—as critically as the municipalities,
I submit you would come mighty close to the 35,000
.  Stein?
,000
 the
pounds
 immedi-
ately.



          MR. YANTIS:  I think we probably would, too,




and this is what I think I have been saying to you.   But




we don't have to have the 35,000 as a locked-in goal with




the words "shall not exceed" set down there in our de-




lightful little flexible guide.

-------
                                                        108
                     R. A. Vanderhoof
            MR. STEIN:  Again I think you are ve




  together.  If this is what you both mean,  then




  the question here that I see is in developing



  that should get you together.




            Here IB the problem,  and I hope  we a




  going to be hoisted by a bureaucratic petard he




  the best estimate of both the Federal people an




  State people is that it will be about 35,000 po




  day and  they both come back  to  that,  then  the q



  is,  one,  are we going to set it in concrete  or
i going to  be able  to  adjust  it  if new  informatio
 upV
Secondly, what are we going to do in th
  until we  get these figures?  Prom an administre



i  bureaucratic standpoint we can't solve that prc




  we are  agreed on the basic information we have




  think the  defect is not going to be because of




  of information, but it is going to be because
                                        i  close
                                        [  think
                                        formula
                                         not
                                       re.  If
                                         the
                                        nds a
                                        estion
                                        re we
                                         comes
interim
                                        ive and
                                        lem.  If ,
                                        he lack
                                        mehow our
  governmental and administrative processes failed, and I



  can't believe we are going to do it.



           MR. YANTIS:  Mr. Chairman, what we would be



  doing,  this says, you take the 15 largest sources and



  reallocate among them without regard to any lawsuits



  that may occur between them how much of this resource
                                    i resource    I

-------
                                                        log
                     R.  A.  Vanderhoof
  they  can have,  and  then all  other  sources  wi



  cated the rest  of it.   There is  no provision



  industry that  is not  even  there  now.   What d



  Or  the  city  that might  need  to build  a new p



            MR. STEIN:  Is that a  question?



            MR. YANTIS:   That  is what it says 1
           MR.  STEIN:   If  you  are  asking  me  that  question,
  I  think  this  is the kind  of  problem we have
i place in  the United states now--
i
i

           MR. YANTIS:  Mr. Chairman, we have-



;           MR. STEIN:  --it is a growing econcjmy.  Now,



; the point is when you ask for population grovth or an



. industry  that isn't there, it seems to me th£,t where we
 have water quality standards and loads, you i
                                              1 be allo-
                                              made  for the
                                              es  he  do?
                                              ant.
                                              ere.
                                             n  every
                                             et aside a
I
cushion for growth and you don't let people come up to



the maximum.  Now, State after State and city after city



has done this, and I guess whatever we decidqi, we are



going to have to do that because we are not going to put



a clamp on either population or industrial growth in the



Houston area, I hope not.



          MR. YANTIS:   Mr. Chairman, we have got waste



treatment facilities under construction, I am sure we do,



I couldn't tell you which names, that are not even

-------
                                                       L10
                   R.  A. Vanderhoof
finished yet.   Are you  saying  that,  as  this would  imply,



since  they were not designed on  any  35,000 pounds  of BOD



limit, that those facilities under construction shoulq, be



redesign-d and  rebuilt  on the  basis  of  an entirely ne



set of rales?   This is  where we  are  going if vie folio



this--




          MR. STEIN:  No, I don't think, so.



          MR. VANDERHOOP:  Let me talk  to that Just a



minute .



          It is in the  nature  of the water pollution



control facilities that you can use  add-on.  If they



designed not to meet their allocation, add-ons can b



placed on that at the end of that plan.  Now,  this i



quite a different situation in air pollution.   Portu



nately in water pollution I think you don't have a pjf-ob- |



lem.



          MR. STEIN:   Well,  again I  think--! hope yo



people are reasonably close together--that this shoutld




be put on.



          In answer to your question, no.   By the way,



I  think you people should decide this.  But I  am not



saying this at all.  What I hope we can come up with is



that it would be the responsibility- -if we are dealing

-------
                    R. A. Vanderhoof
with water quality standards—of the State and the


Government to arrive at what kind of standards and


implementation plan which would Indicate what kind


loading — and I don't want to define this as to BOD


meet the standards.  The allocation of these loads


the various cities and industries, it seems to me


rate, should be the prerogative of the State of Tej


any State and it is only —


          MR. YANTIS:  Mr. Chairman, do you want t


how much goes to Houston and how much goes to Pasa


and then run for public office in either city?


          MR. STEIN:  Well, sir, this is the problt


we have had, and I very well understand what you &i


ing, Mr. Yantis.  I think our charm is that we are


running for public office.  I think with the job tt


we have, if either of us were running for public o:


we couldn't get elected to the lowest one because
                                                      111
Federal
an
of
-would
among
t any
as or
 decide
ena
m that
e say-
iot
at
fice.
e are
not very popular.
                                                  I

          But the point is, when you talk about Federal


enforcement, this in large measure Is why we are here.


Because the State people — if you raise this question how


can we make this Judgment and really survive and run for


public office—if the State doesn't do this the way the

-------
                                                        112
                    R. A. Vanderhoof



 Congress has passed the law, we have  a Federal  responsi-


 bility and we are going to  have  to do it.       I  am  going


j to tell you, I have no ambitionr. to  run for  public office,!


 and if I did they would be  smashed after my  first case.   i
           MR. VANDERHOOF:  Mr. Stein, I can o
 (Laughter.)
           MR. YANTI8:  I still say--and then
                                               ly  concur,  i
                                              f  you wish  ,
 we can go on to the next one--to operate on tlie basis
of a design parameter at  this  point  in  advanc<

effective guidance of the Galveston  Bay study
1 untenable process.  And I think that the No.


j now numbered,as it was originally written gav
I
I freedom and the obligation to continue the pr
 ia effectively in process and which has done  i great deal|

 of good.  And as soon as the Galveaton Bay stuly makes its',
                                                of the
                                               is an
                                                as  it  is
                                              S us the
                                              jgram which  |
 final report we are committed to those things
                                              then shown
                                              I think that
to be necessary for further regulation.

is the basis that we should follow.

          MR. VANDERHOOF:  Mr. Yantis, it is my under-

standing that a portion of the Galveston Bay report on

the channel has been completed.  It has been completed for

over a year now.  You know what those numbers are, or

reasonably close,  and I can't see one reason for waiting

-------
                     R.  A.  Vanderhoof


  another   2   years  to get  a number  that you might nc

  believe.  I  think  we have got  to go on the 35,000 r

           MR.  YANTIS:   Well,  I vote no,  Mr.  Chairme

           MR.  STEIN:  All right.

           Do you want  to  continue  this7
I
I           Again I  would like  to say for  the  people

|  that  there are 11  operations,  11 suggestions,  becau
I
i  the eleventh with  the  power company there  was  rliaag
!
1  ment.  I  think  we have  substantial  agreement  on 9i an

  are just  running into  a problem on one other.   I  do

  want  to put  batting averages out,  but  this ie---mayb

  isn't  as  bad as it  looks.

           MR.  YANTIS:   Mr.  Chairman, I would like  t

!  point  out that this  hearing was  held in  June,  we  we
                                                        113
)W ,
ere
e on
ee-
 we
 this
e in
i Denver working on this about two months ago, and only     !
i                                                           '
| thi«i morning did I know that there waa going to be any    j

 change proposed whatever.  This is not the way to resolve:
                                                           i
 the problem.                                              j

           MR. VANDERHOOF:  I don't think this number has

 been changed a bit.  It is a question of when to apply it

! and how much.  I don't think anything has been changed,
I
 Hugh.  Again you are twisting words.

           MR. STEIN:  All right, are we set?  Do you have

-------
                                                        114
                     R.  A.  Vanderhoof
 ; any more  to put in?
 i
 '           MR.  VANDERHOOF:   No,  sir,  1 have No.
 i
  I  read,  and this addresses itself to best aval
 i

 , merit practices and,  again, allowable loads.   P

 I this instance  I would yield to  Hugh, on the  2-t
 i

 i delay on  the Galveston Bay study,  because here

 , those loads that are discharged into the bay p

  has a point on waiting for the  Galveston Bay s

  the point is not so  bad that we can't go to  be

  able treatment right now and then adjust later

  results  of  Galveston Bay.

            MR.  STEIN:   Is there  any other commer

            MR.  YANTIS:   Whenever you  say best a,\

  treatment with no  definition you open that Pan<
  Box  again.
      Does this mean conventional tri
  is  ordinarily built;  Does  it  mean  conventional

  with  a  chemical  precipitation added  onto  it  as

  projected  in Clear  Lake? Does it mean  a new  se:

  construction of  what  you v/ould  truly call  tert:
                                      11 which
                                      able  treat-
                                      rhaps  in
                                      ear
                                       for
                                      oper, Hugh j

                                      udy.  But  !
                                      t  avail-
                                     with  the
                                     t?
                                     ailable
                                     ora' s
atment as
                                     treatment  •,
                                     we have
                                     lea of
                                     .ary treat-,
 ment?
You can go on to such things as a reverse
: osmosis, activated carbon filtration, and actually  pro-
i
i duce drinking water.  I admit  that we don't have  the
i
; laboratory testa to make sure whether the drinking water

-------
                    R. A. Vanderhoof
 you produced was really good.
                                    If you woul
 the best available treatment practices  "reasonably shown


 to be necessary" then I will agree.


           MR. STEIN:  How about--
           MR. YANTIS:  Except t.jat I would ha
 to my staff about that date.

           MR. STEIN:  Yes, I was Just suggest


 Let's say treatment to meet applicable water
I

I standards or requirements instead of best ava
I

 what do you think of that?


|           MR. YANTIS:  All right.
I
           MR. STEIN:  And then the date is a
                                                        115
add after
                                               /e to talk
                                              Lng that.


                                              quality


                                              liable,
                                              matter .for
                                               ther on
! the technical people.  I believe we can get tog


 that, don't you?


           MR. VANDERHOOP: Yes, that is reasonable.


           MR. STEIN:  So really, except for t is, there
                                              j

 is one area of disagreement.  Again I would put this to


 the State of Texas people.  I understand what you are


 saying.   But the problem, I think,  we are going to have


 is how do we begin operating the program and processing


 permits  and evaluating what people  are doing after we


 adjourn  the conference and  go on?   Do we have a method


 of doing that for the next  two years before the study is

-------
                                                       116
                    R. A. Vanderhoof
 completed?

           And I am not necessarily asking for a

j now.  I am just posing that as the problem that
I
 to face and I am trying to look for a solution

           MR. YANTIS:  There is no problem.  We

 monthly two-day board meeting to which your peo

 always invited and any problem can be discussec

I that you would ask about can be raised.  We hav

j hearings through an examiner system many times

; Your people always have free access to our offi

! limitation.

1           There is simply no problem for your p

, monitor what we do.  That is considerably less

 lem than for us to monitor in the field what ha
 happened.
           MR. STEIN:  Mr. Yantis, let me try to
 and I hoped I wouldn't have to go through this
  answer
 we have
 have a
 le are
  anything

  public
a month.
 e  with  no
 ople  to  j

 f  a prob-j
          i
 actuallyi
 put  this,
          I

 ismal     i
 litany again but I heard it Just before lunch.

           What happens if you don't have a figure or an

 objective or a criteria or a goal isTafter they listen to

 you and you put in a piece of paper,  someone comes around

 and aays that the piece of paper is languishing for eight

 months because some people are say.i.ng 12-12-1-1 and other

-------
                    R.  A.  Vanderhoof
 people  are  saying  5-5-1-1.

           Now,  the point  is,  I  think,  if  you  g

 and I have  no brief for 35,000--but  if you  giv

 other figure, I  think  I can do  the mathematics

 which way you are  coming  up.  But  if  you don't

 figure,  I would  hope that we  don't get Into th

 minable  wrangles where we are going  to have a  :

| for the  bureaucrats, on whatever level,  and ther

• not get  the water cleaned up.

i           MR. YANTIS:  Mr.Chairman,  let me remj

: many of  the public,  in December 1965, a good mar
i
( before EPA was ever heard of, the Texas Water
i
. Control  Board, the  predecessor to the  Texas Wa1
i
 Board, enacted an  order setting forth  the then
goals for water quality in the Houston Ship Chj.nnel and
effluent qualities by industry for discharge it

same bodies of water.  Are you now saying that

which nearly six years ago set forth a planned
                                                       117
                                                ve me--
                                                 me any
                                                and know
                                                ave  the
                                                          i
                                                se inter-  j

                                                laid day   j
                                                nd  you  and|
                                                          I
                                                y years    i
                                                Dilution
                                                          I
                                               er Quality

                                               adopted
                                                to those
                                                the agency|

                                                approach
to improving the Houston Ship Channel is incapable for

the next two years of continuing a rational approach to

carry us to the end of the Galveston Bay study?

          MR. STEIN:  No, I am not--

          MR. YANTIS:  It sure sounds like it to me.

-------
                                                       118
                    R. A. Vanderhoof
          MR. STEIN:  No, I am not saying that at
I am saying that the agency which set these standarda



and had them adopted by the Federal Government had a



really rational approach.  Now, the technical pecple



from that agency have come up with the best estin.ate of
35,000 pounds to meet those standards.  Following



to its logical conclusion, what is wrong with fol
that arithmetic out and checking it out for the rext
two years until some more information comes in or
you may or may not want to base a change?  The chances



are you may not want to change it from what I said.



          Mr. Yantis, I am not only conceding but



saying that Texas has done a great Job in setting



tlie standards.  What we are doing is following the



arithmetic back to what the loadings have to be to



meet the standards, and then following that arithmetic



back still further and asking you to work with us on



that and what each individual source has to do tq meet



that loading.  These are your figures, because I can't



nearly supply the figures.  You people have done this,



not me.  I don't know about theae technical people.
 all.
 this
lowing
 which

-------
I
I
                    R. A. Vanderhoof
          And what I am saying, and I hope I  am



is let's embrace the standards that the Texas Wa



Quality Board has adopted and which have been ap



by the Federal Government.  Let's do the necessa



putations and Ret on with the .1ob tomorrow.



          MR. VANDERHOOF:  I would concur, and 1



the water quality standards as agreed to by Dece



1972.




          MR. STEIN:  All right.  Well, are ther



other comments on that?



          Do you want to put any more State pcop



          MR.YANTIS:  No,  I didn't propose to pu



testimony at all.



          MR. STEIN:  Right.



          MR. YANTIS:   But I  would point out tha



want to follow the  computer blindly and unthinkii
 out checking some of the  things  that  it  says,  th
                                                       119
                                                  laying,
                                                  er
                                                  roved
                                                  y com-
                                                  t's meet
                                                  ber 31,
                                                   any
                                                  e on?
                                                   on any
                                                   if  we
                                                  gly  with-
                                                it there
 is  an unpleasant surprise  in  utore  for  the  peoplis  of



 Houston.   Our  computer  tells  us  that  practically every



 neighborhood  treatment  plant  in  Houston is  going to have



 to  get down to tertiary treatment instead of  secondary



 treatment.  And I  am  not at all  sure  that the proper way



 to  accomplish  on an areawide  baais  a  major  cleanup of an

-------
                                                       120
                    R. A. Vanderhoof
 area is to simply spring by surprise the fact that my
 computer tells me something or other which y
 before.  The computer could be wrong.  The public when



 it looks at all its options may vote for a little bit
I


j slower approach to the problem.
I
           But I Just would like to restate that the man
 that runs the computer is supposed to be the



'. and not the other way around.



;           MR. VANDERHOOF:  I would suggest,



 that you are the one who will put input.  Yo



' there is a saying in computer language, GIGO



I garbage out.  Now, it is up to you--



1           MR. STEIN:  Well, the way we do it
 clean effluent out.  (Laughter and applause.



           MR. VANDERHOOP:  The way to do it



 critically examine these permits, and I don1



 have to put thia into the computer.  Let us
ou never knew1
 boss of it
Mr. Yantis,



u remember,



, garbage i
,  garbage in
is to
  say you
critically
 examine each permit to see what can realistically be done



 with the best available treatment.



           I know and you may know that every waste except



 brines has a way of treatment,  it can be treated.  There



 is  no longer any mystery about  treatment of industrial



 wastes.  Sure,  some are more difficult than others.   They

-------
                    R. A. Vanderhoof
 all don't respond to the same method.  But they
 treated.
           And, therefore, let us examine the per
 see what can be done.  At that time then, if you

I put it into your computer and see what the number
in be
. ts  and
4ish,
 out.
           MR. YANTIS:  Mr. Chairman, we have prop
j that, we are quite willing to do that.  We simply

\ wish to have a mandatory 35,000 pounds of BOD Urn

 placed upon us at this time.  We have aaid that w

 that is about right.   We have not said,  though, t

.' is legally right.
           So if you will take the mandatory provi

 out of that 35>000 pounds of BOD per day and take

 numbers of how many larger sources  that  we  shall

 the permits because we  would like to revise all  c

 I think if you will agree to those  you are  in eff
                                                       121
 comes
 sed
 do  not
 tation
  think
at  it
ions
        i
out the i
eviae
 them,

ct
 already back  to  what  we  have  proposed  to  begin  wi|th .   But

 I  think you have too  much  detail  in  something here,

           MR.  STEIN:   Let  me  Just ask  the  question,  there

 is  no  argument about  this  December 197^ date, is  there?

           MR.  YANTIS:  You  are  talking about Clear Lake?

           MR.  STEIN:   No,  no.

-------
                     R. A. Vanderhoof
            MR. YANTIS:  That Is the only place
 I
 j           MR. STEIN:  No, No.  10.   I Just wan
 i
 l what the issues are.  (Laughter.)

            MR. YANTIS:  All right,  the issues c

  instead of reviewing 15 largest sources by Ma

 , and all the rest of them by June 1972 that we

  what we originally proposed by saying that as

  we can, and Jointly with you, we will review all

  on the basis of the best available information

  out looking at the 35,000 pounds of BOD per da
  exactly correct figure such that the words  "shall not

  exceed" will not be the guideline which  we  follow.

            MR. STEIN:   I understand what  you ssid  there.

  I  am referring to the  last  sentence.   You  talked  about

  the  remedial program and the  schedules will Irclude

  interim dates requiring all facilities to  be  completed

  not  later  than December 1974.   Is that acceptf.ble?

;            MR. YANTIS:   No,  it  is not.,  I doublj,  very       j
                                                           i
:  seriously  if a major facility  could  be designed and  the   j
                                                           I
1  equipment  bought,  in some cases  land  bought,  and  actually

,  finished by  a 3-year period.   It might be amenable,  but

  you  ctvn't  be sure.  There would  have  to  be  some provision

  for  extending the  time  where reasonably  necessary.
                                                        122
it appears.
 to know
re that
ch 1972

go back to |

rapidly as
 of them
 but with-
y as an

-------
                    R. A. Vanderhoof
           MR. STEIN:  In other words, you a&ree with  the

 proposal, but the limitations that you have are you  don't
                                                          !
 agree with the pounds that the Federal proposal wants you
 to get down, you don't agree with the time you can

 the proposal and the interim dates, and you don't

 with the final completion date, but otherwise you

 agreement, right?

           MR. YANTIS:  Yes.
                                                   review
                                                   agree

                                                   ire in
           MR. STEIN:  All right.  (Laughter.)  I u
 stand you.
I
          Are there any other comments or question

          MR. VANDERHOOF: Yea.  I would like to as!

Yantis how many new permits he has issued on the H<
                                                        123
                                                   ider-
                                                    i?
                                                    . Mr.
                                                    mston
 Ship Channel since June 1971?

           MR. YANTIS:  I have no idea, but I can cc}iunt

 them if you would like.

           MR. VANDERHOOP:  Do I understand you have Isub-

 mitted or have agreed to some new loads on the already

 overloaded channel?

           MR. YANTIS:  You know, you say that as though

 the channel loading  had not been reduced in the past

 three years,  and I have said any number of times that we

 have reduced  the loading on the channel in the face of

-------
                                                        124
                    R. A. Vanderhcof
 industrial and population growth.




           MR. VANDERHOOF: I don't see how yoi can reduce
 and increase at the same time.  It seems to



 to have a plan.




           MR. YANTIS:  Mr. Chairman, do you



 to pursue this line of discussion?



           MR. STEIN:  No, I don't, but I don



 cut anyone off.  (Laughter.)  I didn't hear



 The question--
I
l loaded—
           MR. YANTIS:  All right, the channe
           MR. STEIN:  No, that wasn't the question.



           MR. YANTIS:  If I followed Mr. Van



 line of thought, we would refuse to let a si



 industry locate in Houston, and I think that
 criminal.
           MR. VANDERHOOF: I would say you we
ne you have
 eally want
 t want to
any answer,
1 is over»
derhoof's
igle new
 ould be
 Id give
 them some consideration to locating other than on the



 Ship Channel.  There are certainly other areias in this




 vicinity.



           MR. STEIN:  Well, again I am--do you want to



 go on with this?



           MR. VANDERHOOF:   No,  I Just wanted to point

-------
                                                        125
                     R.  A.  Vanderhoof
  out  that,  gee,  here  we  go,  we  don't  know  the  numbe

i  we are  still  increasing it.

            MR. YANTIS:   Well, my  arithmetic  and  hi£

  not  the  same .   I  look at  three years  ago  it was  4-C

!  pounds,  today it  is  about  100,000  pounds  and  it  is

I  going down, and Mr.  Vanderhoof says  we  are  increas
!  I  can't  debate with  a  man who  thinks  like  that.   (Laughter
!
  and  applause.}
           MR. STEIN:  Are  there any other comments
 questions?   (Laughter.)
           After a short recess  (laughter) we will
r and
 are
0,000
 still
ing it.
 or
call on i
• witnesses, we will call on people from the audience who

 have indicated that they want to speak.  We will take a

,' 10-minute recess.

i                         (RKCKSS)
i
;           MR. S-'X'^N:  Let's reconvene.

l           Keith Ozmore.
i
|           MR. YANTIS:  Mr. Chairman, I did want to: make

i a brief comment.  It won't take but Just a moment.

           MR. STEIN:  Yes.

           MR. YANTIS:  Most of what I have been saying is

 a little bit negative since I am trying to stop something

I bad instead of cause something good. I don't like to be

-------
                       H. C. Yantis
 I in that position.

 i

 >           We did speak, though, about Clea
 i

  fact that we have a disagreement as to wha
  Lake  and  the
;  level  of
 ; treatment should be provided for around Cloar Lake.
            We felt several months ago that


  resolve this if we simply had a better tec


  for what Clear Lake needarjSp we proposed t



  the Galveston Bay study, which, remember, .


  deal of State funds in it,  a full range of


  far as could be spared to do some work on


  which is,  after all,  within the Galveston :


  We would also divert  from our own field sti


  staff in Austin some  additional personnel


  pretty decent study of Clear Lake,  providei


  Federal Government would bring in from its


  people in  Dallas  and  Ada, Oklahoma,  some p<


  perhaps laboratory facilities to help us d
                                                        126
  could
nical base
 divert from
as a great


capability as


lear Lake,


ay system.
ff and our
o make a
 that the
own technical
rsonnel and
 it.  We
,  thought that this  would  provide  a technical  basis  for


  resolving  the  difference of  opinion  between  the  so-called


;  12  BOD  and the 5 BOD.
i

            We have  never  had  a  reply  from  the Federal


'  Government yet as  to whether they will  ,Joln  us in  this
i
i
I  study.

-------
                        K. Ozraore






           MR. VANDERHOOP:  Mr. Yantia, I hav




 that particular letter, but I will check int




 diately.




           MR. STEIN:  Mr. Keith Ozmore.






         KEITH OZMORE, ENVIRONMENTAL ASSISTAN




             TO THE HON. ROBERT C. ECKHARDT




             U. S. HOUSE OF REPRESENTATIVES




                    WASHINGTON, B.C.
i ferees.
           MR. OZMORE:  Thank you, Mr.  Chairm
           I wanted to say that Congressman E
|hope,  will be here tomorrow.   I will be in c



 him.   If he is not here I expect that I will



 to present his statement for  him.



           The only other thing I would like



 I am  sure I am speaking for the Congressman ;



 tion,  is that I would like to urge  the confe
                                                       127
n' t  seen



 it  imme-
    Con-
khardt, I
ntact with
be prepared
o say, and



nd his posi-



ees to con-
 sider that  this  conference hear citizens'  groups  before



 those of  industry.   Industry officials  are paid,  their



 public  relati<- is people  are  paid,  their attorneys are



 paid,  their chemists and physicists  are paid.   The people



 and  citizens' groups here to testify,  Mr.  Chairman,  are

-------
                     Hon. R. Braun


not  paid.   They  are  taking  time  off  from

duties,  they  are  losing  money  in many cases

be here  to  express a real earnest effort

environment in Texas,  and I would respectfully

that  this be  considered.

          Thank you.   (Applause.)

          MR. STEIN:   Thank you,  Mr.  Ozmor

          Representative Rex Braun.


               THE HONORABLE REX BRAUN

            TEXAS HOUSE  OF  REPRESENTATIVES

            HARRIS COUNT7,  HOUSTON,  TEXAS
          REP. BRAUN:  Mr. Chairman and co
' am State Representative Rex Braun.    We h
!
 I guess, Just about everything but the 14-

 last night and probably got Just about as

           I have a prepared statement I wo
             JL28


                I
                i
their Jobs, •cheirj

   in order to  j

   clean up the

      request   i
 iferees,  i

 ive  covered    j

 L4-  tie  on television
                                           ar ,
                                           lid  like to
read to you to be placed in the records.

          This is one elected official who has served

three terms in the Texas Legislature who has less confi-

dence in the Texas Water Quality Board, lei-is respect for

any pretense it has for public interest, less tolerance

for its hollow rhetoric and less patience with its

-------
                      Hon.  R.  Braun
 technocratic  obscurantism,  and  IBBB  and  1



 cloud  the  issue  by  gentlemanly  and rostra



 than at  any time in ita  sad and sorry hie



 regard for the principles of candor  in pu



 pels me  to say that all  of  the  recommenda



 the Texas Water  Quality  Board on the posi



 Environmental Protection Agency developed



 enforcement conference here last June are



 effectively gut  meaningful  antipollutlon



          This is no bold,  shoot-from-the



 statement by an  isolated sorehead.  Every



 who knows anything  about the pollution of



 knows  that the Texas Water  Quality Board



 licensing agency for the industrial pollu



 "high-class" only to describe the vocabul
                                                       129
ss desire to
ned language
ory,
      A decent
lie life com-
ions made by
ions which the
out of its
designed to
action.
lip popoff



ody in Texas
our waters
s a high-class



ers.  I say



ry and the
rationalizations which accompany their pip-polluter



stance.



          Mr. Stein, you have only to read the attacko



on the Environmental Protection Agency made by various



members of the Texas Water Quality Board and its bureau-



cratic functionaries to appreciate the fact that the



Water Quality Board is contemptuous of Federal law and



of the supervisory and enforcement activities of the

-------
                      Hon. R.  Braun
 technocratic  obscurantism,  and less  and leas



 cloud  the  issue  by gentlemanly and  restraine



 than at  any time in its  sad and sorry  historj



 regard for the principles  of candor  in publi



 pels me  to say that all  of  the recommendation



 the Texas  Water  Quality  Board on the position



 Environmental Protection Agency developed  out



 enforcement conference here  last June  are  des



 effectively gut  meaningful  antipollution  act



           This is  no bold,  shoot-from-the-hip



 statement  by an  isolated sorehead.   Everybody



 who knows  anything about the  pollution of  OUT



 knows  that  the Texas Water Quality Board is e



 licensing  agency for the industrial  polluterE



 "high-class" only  to describe  the vocabulary



 rationalizations which accompany  thoir  pro-pc
                                                       129
leslre  to
 language
  A decent
life corn-
 made by



 which the
of its
gned to
on.
popoff



in Texas
waters
high-class



  I say
nd the
luter
stance.



          Mr. Stein, you have only to read the attacks



on the Environmental Protection Agency made by various



members of the Texas Water Quality Board and its bureau-



cratic functionaries to appreciate the fact that the



Water Quality Board is contemptuous of Federal law and



of the supervisory and enforcement activities of the

-------
                     Hon.  R. Braun
Federal Government.




          On the other hand, I commend the Environ



Protection Agency for the splendid perspective and



totally realistic set of recommendations which cam



of the June onforcement conference here in Houston



sorely disappointed at the signs that you have bac



that you have given ground to the Water Quality Bo



that you have retreated from the tough proposals w



produced after the June conference.



          And I would like to get down to specific



               1)  In the case of shellfish areas,



          you retreated from the information con-



          tained in your original report showing



          that the State of Texas had been samplin
          under conditions designed to paint a



          prettier picture than really exists.



               2)   In the area of disinfection of



          waste sources,  the EPA called for effective



          disinfection of all waste sources con-



          tributing bacteriological pollution to



          the Oalveston Bay System.  The Water



          Quality  Board proposed to continue its



          own policy,  which is totally inadequate.
                                                      130
ental
the
 out
  I am
tracked
rd, and
ich you

-------
                      Hon. R.  Braun


           The Water Quality Board's position

           would limit effective disinfection to

           domestic waste sources contributing

           bacteriological pollution.

           I hope that you of the EPA will stick by
i guns.  If you think that you can come up with a reason-
i able compromise on this, please think again.  Then; is noj

 reasonable compromise, only a sell-out of the public

; interest.  The people of this area deserve the projection

•called for in your original position.

j                3)  On regional planning for

           municipal waste collection, the EPA
i
           called for elimination of small plants,

           pretreatment of all industrial wastes,

           and centralization of treatment facil-

           ities.  The EPA called for a total ban

           on toxic materials in the regional waste

           treatment system.

           The public interest once again is clearly better

 served by adoption of the EPA position.  The Texas Water

 Quality Board's record in this area simply provides no

 reason to even consider their views, much less adopt them.

                4   On Review of Waste Discharge
                                                       131
your
                                                          I

-------
                                                        132
                       Hon.  H.  Braun                       '


            Permits  and on all  the  other  specific

            proposals  I concur  in  the  excellent

            analysis prepared  by Congressman  Bob

            Eckhardt,  which  he  will  probably  make

            available  tomorrow, and  I  wholeheartedly

            Join  him in preferring  the EPA  position

            to  the Water Quality Board's  stand.

            In  short,  my message to  the Environmental  ro-

,  tection  Agency  is to be  of stout heart.   If  I, as a  em

  ber  of the Texas House of Representatives who has be

!  elected  and twice reelected from the most heavily po

  luted industrial area in Texas, have nothing but con empt
I
:  for  the  Texas Water  Quality Board, and  if I assure y

j  that my  constituents  Join me in that feeling of contempt,>

  I see no reason why  you  should be  compelled to regar  the

  Texas Water Quality  Board as a worthy partner in the
I
  fight against water  pollution or as  a public-spirited

  agency filled with expertise and eager to lock hornp with

  the polluters .

            I trust that the Environmental Protection

  Agency will have the  fortitude and the intelligence and

  the public-spirited  zeal to stand firm behind every one

  of the original recommendations  which came out of the

-------
                      Hon. R. Braun
 June conference.  Don't give an inch to the Texas

 Quality Board.

           Yesterday's Wall Street Journal tells u

 the EPA is capabie of bejng tough on industrial p

 in Michigan, Wisconsin, and Minnesota.  You told

 Mining Company, a Joint venture of Armco Steel an

 lie Steel, that it would have to spend $75 raillio

 curb pollution on Lake Superior.  In April of thi

 William Ruckelshaus served that company with a 18

 notice to halt its pollution of Lake Superior.

           Well, I am here to urge Mr. Ruckelshaus

 agents to adopt a Southern Strategy.  (Laughter.)

 here in Texas want the same kind of tough and eff
I
; action that you ordered for Michigan, Wisconsin,
                                                   Water
                                                   s that
                                                  jlluters
                                                       133
                                                   leserve
                                                           I
                                                  1 Repub-
                                                  i to
                                                    year
                                                   -day
                                                   and his !
                                                    We
                                                   ctive
                                                  and

i Minnesota.  What's good for Armco Steel up there is

 certainly good for Texas here.

           Gentlemen,  I thank you and if you have any ques-

 tions,  I will try and answer them.                         j
                                                           !
           MR. STEIN:   Thank you.                          j
                                                           I
           Any comments or questions?

           Thank you.  Some of the points have been taken

 care  of, but Representative Braun,  there was a time when

 Reserve  Mining was before a conference  like thiz too.

-------
                     L. A. Greene,  Jr.



            REP.  BRAUN:  Yes,  sir,  this is w


 , about,  and I hope that when  it is all over


  the industries  here in this  county will ha


 | the same way they did and I  hope  you  will


  action,  Mr.  Chairman.


            Thank you very much.


 '           MR. STEIN:   Thank  you.   (Applaua


            L.  A. Greene,  Jr.



                     L. A.  GREENE,  JR.


                      VICE  PRESIDENT


               HELP ELIMINATE  POLLUTION,  INC
                     HOUSTON, TEXAS


            MR. GREENE:   Mr. Stein,  Mr. Vandi


  Yantis,  ladies  and  gentlemen.


            My  name  'I.B  L. A. Greene,  Jr.   I  i


  President  of Help  Eliminate  Pollution,  Inc
 at  it  is  all

 with some of

 e to face you

 ake that  tough
rhoof, Mr.
m a Vice
  About a
 month ago I publicly invited Mr. Yantis to Join us in


 that ambition.  We would like to repeat that request.


           Mr. Stein, I do not have prepared remarks at
i

; this time written.

           I really am at a complete loss at some of the


, things that have transpired at the head table in this
i
. afternoon session.  I have somewhere a copy of the

-------
                    L. A. Greene, Jr.
 newspaper report written by Mr. Jim Curran, who is in
 the audience.  This report appeared in the Ho
 Chronicle on October 31, 1971, in reference t< Galveston
 Bay study.  I wish to read a part of that intt
j record.
                Thus far, he said, and this is



           Colonel Frank Bender, the Project DJ



           the study group has concentrated on
           ing data.  He said the group hopes to com-



           plete a report on the immediate needs of
           the bay area by December.  Bender's



           says 50 dischargers, industrial and
           ipal, account for more than 90 percent of
           the total pollution load on the Oal\



           Bay system.  The needs report, he
                                                       135
iston
i the
quoting



rector,



gather-
report
munic-
eston
id,
           will express in preliminary form tht»i



           adjustments which must be made by the 50



           dischargers in order to permit presently



           published State water standards to be met



           in each zone,  including the Houston Ship



           Channel.  Bender said he expects the



           entire bay study report to be completed



           in December—to be completed in 1973 >

-------
Mr,
to
5-
                                                      ..!36


                    L. A. Greene,  Jr.





           I  don't have  a copy  of  that  report.   I wi



 did.  It seems to me, Mr.  Chairman,  that a number of



< Yantis1  statements which  he put  forth as objection



 the adoption of a maximum  allowable  35,000 pounds of



 day BOD must fall in light of  the oft  cited Galveston



 Bay report.  I understand  this to be accurate.  Then



 December of 1971 we will have  the data, or at least



 certainly a part of it, that Mr. Yantis has repeatedly



, told us will not be ready for  two years.  Perhaps Mr



 Yantis or Colonel Bender or others could shed some light



 on this.



           Here is a copy of the article in its entli) ty.



           I would also like to go into the issue of



 what basis we came up with  this 103,000 BOD figure.



 have here an article from Water and Sewage Works Maga-   i



 sine,  which is published by Dr. Roy W.  Hann,  Jr.,  who was

                                                    I      i

 in the audience earlier.  I don't know if Dr.  Hann Is    i



 still  here or not.   I would like to read, Mr.  Chairman,   |
                                                          i


 a  portion of this  article,  and I would  point  out that Dr.



 Hann's  studies  are  financed by Federal  funds  and by  State!



 funds  and that  as  far as I  have been  able to  determine he ,



 has  the  most data  on the channel available  of  any  group



 that I know  of, and  his  position has  been  respected by

-------
                   L. A. Greene, Jr.
many, many people, State and Federal, and he seemi
the most impartial and objective one of the bunch



I quote now, Mr. Chairman:



               Organic wastes from Houston area



          cities and industries which require



          roughly 500,000 pounds of oxygen per



          day for their decay are dumped into the



          channel daily, Dr. Hann reports.  He



          said it is equivalent to dumping a half



          million pounds of sugar every day, some



          91,250 tons of solid organic waste a



          year.  The demand has so depleted the



          dissolved oxygen that none is found fror



          the San Jacinto River to the Turning



          Basin .



               The oxygen replacement rate in the



          channel is approximately 2^000 pounds



          per day in summer months and up to




          75,000 pounds per day during winter.



          This  means that there is 10 to 20 times



          as much organic matter dumped as the



          system can handle,  Dr. Hann said.



          I  see no Justification,  in view of Dr.  Hann's
                                                      137'
to be
 And

-------
r                                                 i      "8
',                     L. A.  Greene, Jr.

j report  and  the other data presently available,  folr wait-
 ing  until the Oalveston Bay study  report is  completed  to |
 commence, and we certainly support the EPA position in
 establishing a mandatory  number.
           Mr. Chairman, I would like to comment dn one
 thing that Mr. Yantia said, and that was some new
 was brought forward to him today which he had no1
                                                 material;
                                                  pre-
 viously seen before and he did have a point therut.
 is grossly overloaded.  If all of the scientists
 have the data say it is, then I don't understand
                                                 that
                                                 that
 there is any argument there.
                                                 i
                                                 i
           Mr. Yantis stated that they will continue to
 do--quote,  We will continue to do as we are,  which has
 proved successful, until we know what to do,  then we will
 go and do it.  He wants  to wait until the Galveaton Bay
 study is complete.  He repeatedly reminds us  that his
 agency has  been in existence since 19^1, or its prede-
 cessor,'  that the standards were adopted, I believe he
 stated,  in  1965.  Certainly we recognize that there has

-------
                     L. A.  Greene,  Jr.
 been a substantial reduction  in  the  load  going

 Ship Channel.  Big deal.  The problem  is  not wh

] done in the past, as I see  it,' the problem  is w
j
igoing to be done, if anything, in the  future.

           Now, in June, Mr. Chairman,  I express

1 fear that the Environmental Protection Agency w

 down here after many years  absence and would be

'ive.  We expressed a fear that there might  be po

I influence brought to bear,  strong political infl

 brought to bear on the Agency from topside.  I c

 hope that that has not happened.  My group  and

 still fear that this is a very strong possibilit

 know that Gordon Pulcher, the Chairman of the Te

i Quality Board, was appointed to the Water Quallt
i
 by the then Governor Connally of Texas, who now,

 know, is  a member of the Nixon Cabinet.,  We alsc

                                                        139
ito the
:  has  been'
it  is
  the
 Id  come
neffect-
itical
ence
rtainly

ny others
 and we
as Water
 Board
we all
know, and ;
j it is a matter of public knowledge, that before He went to.

 become Secretary of the Treasury John Connally and Gordon

 Fulcher were business partners.                           I
                                                           i
                                                           i
           Incidentally, Mr. Yantis,  I want the record to  j

 reflect that I are a people, and you  did not necessarily

 speak for me or state my position, and there are a lot of

 other people that feel the same way.

-------
                    L.  A.  Greene,  Jr.
           But we  are  concerned  about  this  topside pol-



 itical  influence  and  we want  this record to reflect that



 my  group  and many others  support very strongly the



 Environmental Protection  Agency in their constructive



 efforts to  combat pollution.




          Mr. Chairman, if you will recall, i



 group, when Gordon Pulcher left this conferen



 to  go testify before  a congressional committe



we  understand it  was  investigating the Enviro



Protection Agency, we wrote, we publicly pled



We  reaffirm that  support.



          We have also tried to exert some ci
;izen
influence on the Texas Water Quality Board, which has
mei with very little, if any, success.  The G
this State chooses to ignore us in selecting his
appointees for this or any other board and we
                                                       140
b was  our
   in June
2,  which  as
imental
jed  support.
nvernor  of
have  very
little influence with them.  Mr. Yantis apparently has



gone on record or has indicated to ua that he doesn't



want our cupport.  We want the problem solved.



          I would suggest and would like to see this



conference include in this permit review board input



from the citizens' group, Mr. Chairman.  I think we



should all sit down together with the conferees, I think

-------
                    L. A. Greene, Jr.
 the environmental groups should be represent


 we can get you some housewives, we can get y
I
Ph.D.'s, and I think we should all come to H


the problem iSj we should sit down with the
                                             jd on this,
                                             5u some
>uston  where


sonferees  andj
; that we should be  listened  to.
               j Mr. Yantis goes  up and  I go  d
 understand his mathematics.  He  stated he di
I
i
| stand Mr. Vanderhoof ' s .  There are pending  a


I so I am told--I don't have  copies of these-, :


 a chance to get them; they  are available to ;


 Chairman; and I am sure Mr. Yantis or his st


; fill us in on the details if there is any qu

i

 it, and if I am misinformed I would like to


I but it is my understanding  now that there ar


• two applications pending before  the Texas Wa


 Board for an increase in effluent into the  H
                                             >wn.  I don't.
                                                         !


                                             In't under-  i


                                             ; this time,


                                             [ haven't had
                                               , Mr.
                                             iff could    '


                                             sstion about
                                             je so advised--
                                             » presently


                                             ber Quality


                                             juston Ship
 Channel,  that these applications were  filed with  Mr.


 Vanderhoof  since tha June  conference,  and  furthermore  it  <

                                                           i

 has been  reported  in the press  that  these  applications    ;


I for increase were  made  at  the suggestion of the Texas     |


 Water Quality Board.


           This  is  what  Mr.  Yantis  tells us is  decreasing


 the load.   I would say  and  point out that  these permits

-------
                     L. A. Oreene, Jr.
 I have not been acted upon by the Board, but It seems


 | if the staff recommended it there must be some reas
 i

 | it.  We would like to know more about this and we w


 ; like to see the recommendations brought to bear on


  two permits now, not after the Galveston Bay study :
.  completed.
            Mr.  Vanderhoof,  I have not had an opportunity
  to study in detail the 19 points which you say are £


  gestions.   In listening to the presentation,  many o:
                                                        142
that
n for
uld
hose
ug-
 them'
  sounded very,  very valid.   Perhaps  if  we  adopt the


  number  10, which  seems   to be highly controversial '


  at  the  moment,  that will materially aid in getting 1,o the


  end  result.


            But  I would  like  to  propose  that these  19


  recommendations of Mr.  Vanderhoof's be adopted.   People


\  in  this  State, or many  of the people in thiis  State, very   i


  much  want  to see Galveston  Bay cleaned up.  We are very   !


•  concerned  about it, and I personally am one of  those,,  and '

                                                           i
  I certainly appreciate  the  opportunity to speak at this   :

!                                                           i
i  time, that have taken  off and  are not  being  paid  by any- |


]  one  or  any group for this appearance.


            But  I want the Environmental Protection Agency


  and  the  Texas  Water Quality Board to know that although

-------
                    L.  A.  Greene,  Jr.



 the  citizens  are  not  as well  financed aji  the industry



 that  we  think  the wind is  beginning to blow  from a dif-
 ferent  direction.   Right  now,  just  toda;



 organization,  after having  screened a n



 dates for  city offices, has  made  certai
r   in fact,  one

 certain  political  candidates.   Our  orga



 to  do  the  same  thing  on  the  environment



 are  going  to  endorse  political  candidat



 for  this is that we want  our voice  hear



 listened to,  we want  to  have an  opportu



 decision-making process.  This has  not



 and  is not now  being  afforded us in the



 and  we think  this has got to change and



 there  is awfully strong  support  for thi



          Mr. Chairman,  I have heard no



 Trinity River in this conference, altho
imber of  candi-
l  endorsement  of
lization  is  going



il  issues, and  we



 s.   The  reason



I,  we  want it



 ity  in the
>een  afforded  us
State  of Texas,
we  think  that
 position.



hing about  the



gh in your  open-
ing remarks this morning you stated that this was a con-



ference concerning Galveston Bay and it» tributaries.  I



still, as I stated in June, feel that yt>u have to look



at the Trinity River, which includes this Dallas-Port



Worth area, to look at Galveston Bay on an overall basis,



and I think that should be included — that consideration



should be given to that by the technical staff.  I know

-------
                    L.  A.  Greene,  Jr.





  there  are  tremendous  waste  loads  that  are  brought down



  the Trinity River, and I  think  it  is  a  gross  oversight to



  leave  that entirely out  of  this  Galveston  Bay conference.



            Mr.  Chairman,  we  recognize that  it cost}  money



  to treat wastes  to the best available  treatment.   I think



j  Mr. Yantis understands that term.  I don't know  tke


!
!  deitails, I am  not an  expert in that area,  but I  don't see



!  the opening there for as  much  controversy  as seems  to



;  have been  injected.   We  fully  recognize  that it  is  going


i

  to cost money  to  do this.



1            One  of  our  recommendations to  this conference



i  iiti June was that  sewer and  water  rates be  set fo
I


;  municipalities which  don't  do it  themselves  in order  to
 provide the required treatment.  We realize that
the
 people that use these services are going to have to pay.  '



 We realize that for the oil companj.es and the refineries  ;



 to clean up and treat we are going to have to pay for it  ,



 dlown at the gas pump.  We recognize that, and we are in



 favor of that.  What we are not in favor of is more       I



 flitudies, more rhetoric, and continued delay.



           Thank you.   (Applause.)



           I suggest that most of those are citizens.



           (Mr. Greene also submitted the following paper:

-------
                                               		U5
                    L.  A.  Greene,  Jr.

                GALVESTON BAY  PROJECT STORY
           Based  solely on the  two measurements ofj water
 quality generally considered to  be the most  important
 indicators of  the "health" of  an  aquatic system, the
 waters of the  complex  Galveston Bay system are eijjoying
 continued "good  health."
           As measured  against  published standardif,, agreed
 upon at both State and Federal levels, the Galveston Bay
 has demonstrated remarkable recouperative powers, con-
 sidering the explosive growth  of  its surrounding land
 aireas, according to recent reports issued by the Galveston)
 Bay project, a Texas Water Quality program under way since,
: 1967.
           From an historical viewpoint the dissolved
 Oxygen and BOD,  (biochemical oxygen demand) concentra-
 tions observed during the last two years appear to be
 «qual to or better than those taken in earlier periods
 by the Texas State Department of Health.
;           In other respects however,  the present situa-
• tion is not so encouraging.  The concentration of total
 conforms  in the water of some  areas  of the bay system
 have varied significantly over  thti last seven years.   The
 coliform group of bacteria can  originate in wastes,  soil,

-------
                                                       146
                    L. A. Greene, Jr.
 grain and decaying vegetation.  Some tacterj
 group, which come primarily from the feces of warm


i blooded animals, including humans, are pathogenic, or


 disease carrying.  They can ultimately cons iitute a
                                             a of this
 threat to other humans who come in contact


 bacteria-laden water or who eat shellfish t


 such waters.  East Bay has been the only pa


 system not experiencing any coliform proble


 Galveston Bay, especially west of Pelican I


 duced the highest coliform concentrations.


 far West Bay had a steady increase in total


 until 1969,  followed by a significant drop


 1970.  Coliform levels in Trinity Bay,  espe


 northern shoreline area,  were  above the sta


 considered suitable for shellfish harvestin


 Galveston Bay has experienced  a coliform pr
                                             lith the

                                                           i
                                             iken from


                                             •t of the      i
                                                           i

                                             i.  Lower      1


                                             land, pro-


                                             Stations in


                                             coliforms


                                             n 1969 and


                                             ially the


                                             dard 70/100ml


                                                Upper      '
                                                           i

                                             blem since


 1963.  GBP records indicate that nearly 50 '.percent of


 the total coliform analyses made in the overall Galveston


 Bay were in excess of the State ma,ximum.   In general about,
                                                           t

 13 of the 27 GBP stations located in the  bay itself were  ;
i                                                           j

 responsible for a majority of the violations.   Most of


 these stations  are located in upper and lower  Galveston


 Bay.

-------
                     L.  A.  Greene,  Jr.


            A  significant  increase  also  has  been  shown  in   i

                                                           i
{ phosphorus levels  in  the  bay  system  since  ig64.   Present  •

 concentrations  are  roughly  two  to four times  higher than
i
i 1964  levels.  Phosphorus  is a substance  that  Stimulates

i the growth of algae in affected waters.

i                                                           '
|            These disclosures are among  the  first set out   |

• as authoritative by the Galveston Bay  Project!  although   ;

' the Project  has published numerous reports following

1 intense technological research by  many agencijjs involved

 in it.

            "Gradually we are beginning  to understand and

 assemble some of the things we have to know in order to

 make a logical analysis of the Galveston Bay  needs,"

 Colonel Frank Bender,  Project Director, said. "Many of    |

 these things require a considerable period ofl constant    !
                                                           !
 testing before anything of authoritative nature can even

 be approached," he said.   The Project  "was established to.

 produce the data,  research,  and long range comprehensive \

 planning required  to place a Galveston Bay pollution

 abatement program  into action."                           ;

           Colonel  Bender  said  that one of the most       j

 interesting phases  of  the Galveston Bay Project is  now    '

 under  way and "one  which  may indeed prove to be the most

-------
                     L.  A.  Greene,  Jr.
  controversial up to this time."  He said "the

  has been engaged primarily in the collection o

  information and material;  and in the developme

j  tools  with which it can operate and make decis

  Numerous published technical reports represent
I
  sub-tasks  within  the  project.   Data and conclu
!  reached thus  far  have  been used by many other

  and individuals as  inputs  to other studies  and

•  and of  course by  cooperating contractors and  er

  the project itself.

            "We have  now  started  on  our  immediate

•  report  to  be  completed  by  the end  of December,"

•  "this report,  based  on  the effluent quality of

I  mately  50  individual dischargers,  both  industr:
i
)  municipal,  and which account for over  90 percer
I
I  total load  into the  Galveston Bay  system, will
                                                        148
reject

 data,
t of
ons .
completed
ions
 encies
programs,
liities in
 needs
   said,

approxl-
al and
, of the
 xpress in
 preliminary form  the adjustments which must  be made  in
                                                          i
 order to permit presently published water quality stand- j

 ards to be met in each zone, including the Houston Ship  '

 Channel.  One of the vital parts of the preliminary      i

 report will be the development of the total  costs of

 these adjustments to meet required standards."

           Colonel Bender said the work of the project

-------
                    L. A. Greene, Jr.
 to the preliminary report will be completed t



 1973-  Many of the individual segments of the



 study already have been finalized, and in tho



 the finished work simply has to be meshed int



; that are still to be completed.  Among the su




 already completed are the socio-economic stud



 to the growth of the bay area, a shipping was



; study comparing wastewater sampling technique



 bibliography, a determination of reaction rat'



 in the modeling program, ecological studies,  t



 and population study, a preliminary regional  t



 system investigation, and legal studies to de



 optimum governmental entity for unifying publ:
!and others .
           "This is not to say that much work
                                                       149
 summer
overall
B cases
 the studies
 ects
es related
e survey, a
  an area
  for use
 land use
 werage
 rmine the
  power,
            i
 es  not
 still remain to be done," Colonel Bender said.   "This



 is  the period of amalgamating past and future  work,  fine



 tuning and operating our  mathematical models,  continuing



 ecological and toxicity investigations,  refining basic



 data through sediment and oxygenation studies.   We  have



 to  acquire additional inputs  from water  reuse  and storm-



 water treatment formulations  and  groundwater investiga-



 tions,  which must  be updated  and  completed.  The results

-------
                                                       150
                   L. A. Greene, Jr.
of all investigations and research will the



an iterative process to devise alternative



and come up with recommendations as to the
plan ,
           "From time to time now we will ma
ments on Just what the project has learned




knowledge may be utilized for the protectio




waters," he said.




          MR. STEIN:  Thank you, Mr. Greene



          Any comments or questions?




          MR. YANTIS:   'I have the somewhat r




point that those industrial representatives



and their attorneys are also citizens of th




          MR. GREENE:   Well, you didn't seer




us as people, but we do consider them citizc
 be used in
slutions,



sst management
                                              announce-
nd how this
 of the bay
ovel view-
 ack there
  State.
 to consider
 s,  Mr.
Yantis.  We Just want them to treat to the t>est avail-



able treatment now.  (Applause.)



          MR. STEIN:  Edward Falk.

-------
                                                      151


                        E. Falk




                EDWARD FALK, PRESIDENT


              CLEAR CREEK BASIN AUTHORITY


                   PASADENA, TEXAS




          MR. FALK:  My name is Edward Falk.  I am


President of the Clear Creek Basin Authority ard I spoke


before the EPA conference back in June.  Although with


some reluctance on some of the conferees '  part


be allowed to speak,  we did.  I am not going to


ulate the history of  the Basin Authority at ths


just talk about what has transpired since June


one major suggestion to the conferees at this
that we


 recap it -


,t time but,


and make   •


;ime .


 Authority,:
           !

tate       i

           I

eople
          We stated at that time that the Basi


which is a State agency and which is the only J


authority in this area that is elected by the j


directly, not appointed but elected, that we w:.ll file


suits against polluters since nobody else seemili to be    |


willing to do so.  Mr. Stein and Mr. Yantis, we have     ,


done so.  We have Joined with Harris County in a suit    j


against Phoenix Chemical.  We are preparing another suit ;


against the city of Pasadena because of the El Carey


Water District which they had the unfortunate experience


to annex when they grabbed some other tax land.  We have

-------
                          E.  Palk
 filed  a  protest  with  the  Corps  of  Engineers  in
                                                        152
 ralveston
  in  their  desire  to  grant  a  permit  to  the  NASA  c smplex  to

S  dump some  more of their pollutants  into Clear  Like.  They

i  are doing  it now, of coarse, without  a permit  aid now

!  they want  the license to  do so.  No other agency has

  filed such complaints, but we have.

!            Phoenix Chemical was granted a  permit October

  15 by the  Texas  Water Quality Control Board to pollute
I
,  into the Clear Creek Basin.  There has been a  tremendous

'  discussion between  the Federal and State  levels as to

'  whether the standards for BOD should  be 5 °r whether it

  should be  12.  For  the record, the permit is v£,ried.
! They can dump anywhere from 6 point something

 something.  It is a step in the right directioi

j Texas Water Quality control Board but not quit
o 8 point ,

 by the
          I
 fully    !
 what the EPA conference people wanted, but at least it

 is a step in the right direction.  But they ar<» now

 permitted to dump more than they were able to (Jump

 before.  The previous permit was sound.  This one spells

 out in detail what they can do and far more pollution is

 being dumped into the lake by Phoenix Chemical as a

 result of the permit.  I believe the Water Quality Board

 should have  waited until the lawsuit was  finished before

-------
 _.. .  	   	  	153



                         E. Falk              I





 this was done.




           I am very pleased that the conference which



 includes Galveaton Bay spends a great deal of time on



 Clear Lake, and it is in this area that I want to make



 one major suggestion to the conferees.  The Basin



| Authority takes the position that at this point in time


i                                              I             !
|it is immaterial what the standards are.  The main thrust,

I                                             1             j


I should be what type of pollutants are going into the lake
|


 and who is doing the polluting.   From there we can go     ,



iforward and set a standard.  There was a great deal of    i


                                                           i
'discussion about building a regional sewer system.  I     i



 don't see how you can build a regional sewer system when  j

                                                           i

 you don't know what you are going to build ij; for.        j



j           Secondly, there are many municipalities  and



 citizens in the area of the Basin Authority bhat feel



 that a regional se.^er system is  not the  answsr,  that the



 cost will be phenomenal and it can be done cpeaper by the i



 smaller  plants  and bigness  is  not always greatness.   I



 have had discussions  in the past with EPA people on  the



 phone  up in  Dallas at my  cost,  because I am also,  like



 the  gentleman  from HEP,  unpaid,  and our  Authority  still



 does  not have any  funds.



           However,  in  discussions  today  with  Mr.  Yantis

-------
                          E. Falk
  and with Mr.  McFarland and a few others, the discussion


  that Mr. Yantis brought forth immediately prior to the


  introduction  of the speakers that there is a propoaal to


 I study Clear Lake that has been sitting on EPA's dejjk for


 I four months is a true one.  Now, Mr.  Yantis has said that


 ; he  would be in favor of the Clear Creek Basin Authority


  sponsoring this study of the lake.   The same is tr(ae with


  Mr. McFarland and other EPA people.


 i           I think it is time we stopped creating


  debating society over here.  We are  not here to be) enter-,

                                                           I
  tained.   We are here to have the bay  and the lake  (cleanedj


  up,  and  it is time we started to do  that.   And I will end!


  my  remarks at this point to get this  one study of(clear  \


 I Lake off the  ground and let this be  the study to efind all


 j studies.
 i

            That is where I am going to end  right h
-------
                                                        155
                    Mrs.  B.  E.  Bremberg
 study.  I did not  say  that  he  would  be  the  sponsor.   He




 asked whether there  would be a place  for  then] In  it, and



 I said there would be,and of course  there should  be, and




 there will be, but not  necessarily as the only  sponsor.




           MR. FALK:  That is fine.   That  is  n)ore  commit-



 ment than we have  ever  gotten  in  fi'-e years.




           MR. STEIN:   Mrs,  Bruce  E. Bremberg






                 MRS. BRUCE  E.  BREMBERG




              ENVIRONMENTAL  QUALITY CHAIRMAN




                  LEAGUE OF  WOMEN  VOTERS




                     DICKINSON,  TEXAS
I
           MRS. BREMBEBG:  I am Mrs. Bruce E.



 Environmental Quality Chairman of the League
Bremberg,



of Women
I
 Voters of Texas.



           The League, a volunteer citizen group, has



 been active for over l6 years in the environmental field.



 We are delighted to have so much company in our crusade



 and concern and we are so pleased to have this opportunity



 to express our views.



           In our opinion, there are two wayEi to view the



 recommendations of the conferees.



           May I just say pohat I wrote this before the

-------
                                                       156
                   Mrs.  B.  E. Bremberg
 morning's discussion and compromises.




           (1)   A script of a Medieval  Morality



 (2)  a badly written soap opera.   Neither  is  de




 and  both  produce an atmosphere  of frustration




           As a Medieval Morality Play,  the  rep



 cates that only Texas  has  white  plumed  knights




 with  all-encompassing  knowledge  and  skills.   L




 dramatic  offerings,  the audience isn't  suppose




 aware that the noble steed conveying our  Glori



 is spavined, wind-blown and  has  cracked hooves




 see,  Ladies  and  Gentlemen,  that  although  the  p




 thicken or become  more  diluted,  the script can



 on the spot  or the  ca^t  can  all  die from  a loe




 disease.   But  all  eyas  will  remain on the shir
 Play  or
 irable
xnd dismay.i
 rt  inui-
 endowed
 ke  all
  to  be
 us Knight



  But  you



 ot may
 be altered
           i
h some
ng armor,
the magnificent white plume, and Sir Super.  Thus will   j



virtuous thought triumph over all combatants 1  And so    |


                                                         I

much for Morality Plays.  No one in 1971 would accept    |


                                                         i

such nonsense, would they?  However, they might ask upon j
                                                         i
                                                         i

reading the recommendations, "What happened?"             I



          What happened to:                              ;



               (1)  The position that waste



          oampllngsi be done under all unfavorable



          an well us favorable conditions?

-------
to
                                                 _157
               Mrs. B. E. Bremberg

            (2)  That effective disinfection
       of ALL waste sources be considered?
            (3)  That a clear-cut and defini-
       tive timetable and a schedule for the
       discharge and treatment of municipal
       wastes be included.  Why are channel
       cities relieved of timetables when
       Atlanta, Detroit, and many other small
       cities are on a definite schedule?
            (4)  Why change or even consider
       that the precise language of waste dis         I
       charge permits be changed or amended?
            (5)  What happened to the EPA
       position on costs of dredging the Ship
       Channel?  Isn't anyone interested in
       recovering some monies?
            (6)  The proposal for fail-safe
       structures to prevent raw sev»age from
       being dumped into the channel?
            (7)  And the plans for alternative
       waste disposal methods?
       Although the firmness and resolve of the EPA is
be congratulated in the HLP proposal and the alert

-------
                                                        158
                    Mrs.  B.  E.  Bremberg
  levels  for shellfish,  the seeming reluctance  o stand


 ' firm on its other fine recommendations is a m


  is  casting serious doubts on the sincerity of


  original proposals.   Gentlemen,  please prove


 ] Publish the results  of the second series  of t
 I
  data  gathering  that  were  conducted since  the
,  Perhaps  it  is  because  we  are  an organization
t

  that  we  abhor  a secret,  but  as  an  organizatior


•  strongly and  deeply  informed  and involved our


  government  we  feel strongly  that data gatherec


  payers'  expense is in  the  public domain.   Any


  position of this  Information  could be consider


  Un-American, Un-Texan, or  downright  sneaky,  tt


  blunt  about the nonexistent  second black  book
i

  a  slimy  mauve,  if you  will, but  publish!


           We would again like to ask  question*
tter that
the
s wrong!


sting and


une hearing.
f women
 that has
elves in
 at tax-
other dis-
ed as
 be quite


  Color it
 concern-
  ing standards  for Clear  Lake.   These  questionili  may  not


;  be germane  fOr this reconvened  hearing, but  atii  they are


!  unanswered  in  the final  recommendations, perhaps we can

i

I  be allowed  a little latitude.


;           Concerning Clear Lake and the Galveston Bay
! Project:
                 (1)  Is it not true that a specific

-------
                                                       159
                  Mrs. B. E. Bremberg






          sum of money was allocated for estab-




          lishment of quality standards for Cleai



          Lake as a receiving body of water?




               (2)  Has that specific sum been




          expended for its intended purpose?




               (3)  If so, are the results avail-



          able?  If not, when will the proper




          study be undertaken?




               (4)  Will dynamic-flow sampling be



          used to gather data if the study is stj
          to be done?  And if not, why not?



          Gentlemen from Texas, please realize ycju can
continue to stand tall and proud if you cooperate



the EPA for the upgrading of our environment.  Th



absurd posture of "We are smarter than you are" r



slows ciown effective improvement in water quality
11
 with
ot only
 and
the realistic enforcement of regulation, fcvst cast.-' you in



the role of the churlish buffoon who sticks out his



tongue when no one laughs at his Jokes Instead of writing



new ,1okes.  (Laughter.)  Pause for a moment between



tirades and reflect that if Deaf Smith County asks you



for  $500,000 to Implement a feasibility study and an



enhancement program you just might want to know feasible

-------
                                                      l6o
                  Mrs. B. E. Bremberg
for whom and enhancement of what before you




monies.  Enlarge upon that premise as you, t




sentatives of the state of Texas, make reque




millions of dollars from the United States G




          None of us has a perfect answer be




is no perfect question.  But the proposed re




on the many serious environmental quality pr




consideration at this conference would lead




that surely they don't need to be quite so i




          We beseech, implore, or beg you to




the recommendations and publish the interim



other words, shine up your armor, gallant k,n




a reliable and sound charging steed,  and do




best job you can.  Forget the real or imagin



egos and get on with the joust against our d
ranted the
e repre-
ts for
vernment!
ause there
ommendations
blems under '



s to say



perfect.    ;



strengthen  •
ata.  In
ght3, find
   very
d wounds to
teriorating
environment instead of each other.




          Thank you.  (Applause.)




          MR. STEIN:  Thank you, Mrs. Bremberg,



          Arc there any questions or comments?




          Sharron Stewart.

-------
Yantis.
            S.  Stewart






          SHARRON STEWART




          EXECUTIVE BOARD




 CITIZENS SURVIVAL COMMITTEE, INC.




          ANGLETON, TEXAS






MRS. STEWART:  Mr. Stein, Mr. Vander









My name is Sharron Stewart.  I am a
tive of the Citizens Survival Committee, Inc.



for my remarks not being written down, but hav



attended many State meetings we found that cit



usually finish last and, therefore, I didn't f



would be necessary to write my remarks until t



My remarks are still developed out of what ha;



this morning.  My organization has authorized
                                               oof, Mr.
epresenta-



I apologize
                                     zens
                                     el it
                                     night.



                                     nappened
                                     e to make
my statement, so I shall.



          I would like to say that the 19 recommendations




that we heard this mor.iing sound reasonable and proper,




and I think it is a crying shame that No. 12 through 19




ure not being considered by the conferees and I think




that they ought to be.



          We have already discussed in detail 1 through




11.  Our organization supports the EPA positions on 1

-------
                                                         162
                        S . Stewart
  through  11.

           No.  12  on  the  waste  effluent  from  U.

,  wood,  Champion  Paper  and Southland  Paper  Mills
i
:  units  no greater  than 75 at pH of 7.6 also  seems

           The  position on  Cedar  Bayou seems  mor

i  reasonable, especially after what was developed

  June meeting on temperature and  the discharging

  effects  from one  body of water  into another. Wh;>

•  wait until we  have irreparable  damage to  do  som

  I thought we were supposed to be trying to abate

  tion sources before they occur.
           No.
                   on allowable total waste dische
  the Houston Ship Channel.  This point has been

  but since our organization has approximately 70C

  and about 250 of them live in the Ship Channel i

  work in Ship Channel industries I think they ouj
                                                   . Ply-
                                                  f  color
                                                  easonable.
                                                   than
                                                  at the
                                                  from the  ;
                                                   must we
                                                  thing?

                                                   pollu-
ge to
                                                 one over,
                                                  people
                                                  ea and
                                                 it to be
  considered.

            This magic formula of 35,000 pounds wes

  reported in the newspaper last year after an Earth Day

,  panel at the University of Houston.  Mr.  Churchv/ell,  an

  environmental engineer for Tenneco, maybe he is here

  today,  was  quoted after the meeting as saying that any

  tenth grade biology student could figure  out in a matter
I

-------
                                                        163
                       S . Stewart
 of moments  by the known data  at that time how mu


 load Galveston Bay could assimilate.  He said he

 do it in about 30 seconds, which he did, and the


 which was reported in the paper was that magical


 35,000 pounds.  Well, if that is what Galveston

 assimilate, it seems to me that a 35,000-pound 1

 for the Ship Channel ia still not stringent enou
I that 120,000 pounds a day is ridiculous.


i           No. 15 I would like to read again:
i
!                The Houston Port Authority shall

I      implement a system of stationary and self-
I
j      propelled barges to receive both liquid and

      solid wastes from all shipping in the Gal-


      veston system.  Proper means of disposing o

      these waste materials satisfactory to EPA

      will be developed toy the Port Authority.

           Gentlemen, I assume this means the cleaning of
i
j barges, tankers, and all ships,  and so on, that have been


 cleaning their bilges, and so on, in the br.y and other

 areas.   Thank goodness someone has finally said something

 about such an important matter.   This is definitely some-


 thing that should be the concern of the conferees and I

 hope this statement will be adopted.
h BOD
could
figure
number
ay can
ad limit
h and

-------
                                                       164
                       S .  Stewart
           No.  16  and  the  ban  on  ocean  dumping.   I



 hope  the  EPA will  not  wait  on  the  Texas  Legialatu



 give  the  Water Quality Board  the authority  to  act



 ocean  dumping.  I  believe that even  these days  in



 ington they know  a little bit  about  the  laxness  o



 Texas  Legislature.  When you  don't pay people  pro



 you end up with the quality work you deserve and



 doesn't pay their  legislators  but  $^,800 a  year,
 e.lso
re to
 on
 Wash-
  the
perly,
rexas
 o I
guess we  are getting what we deserve,  unfortunate



               No. 17-  The Texas Water Quality



     Board will immediately curtail deep well



     disposal of industrial wastes(excluding



     return of oil field brine to source formatic



     unless such disposal is in accordance with



     national policy as described by EPA.



          This, gentlemen, is a point of particular



interest  to me because I live in an area where on, the



day of the Armco decision the Water Quality Board issued



a permit for the sixth injection well within a two-mile



radius since 1969.   Four of those are within a radius of  '



^60 feet.  We are deeply concerned,  especially since



these permits range for 20 to 30 years, about this probleiji



          There is  no reason why these things cannot be

-------
                                                       165
                       S .  Stewart
 treated on the surface.  Mr. Vanderhoof said earl:.er that


 except for the brine there was some technology av lilable


 for treatment of all waste sources.  Judge


 decision about injection wells I think is a telling one


 and ought to be adopted as a guideline, especially in


 the plugging of wells and the type of surveys don 2 on


 this matter.  I hope this recommendation will be  idopted.


           18.  This is the one on the continuous  flow
. bioassay testc .   A year ago I had never heard of


' but it keeps coming up in Water Quality Board hea
i

 as one of the best methods available of knowing w


i going on.  I believe this is the live fish test.
his,


ings
at is
In the
 recommendation it says:


                The Texas Water Quality.. Board will


      immediately begin a program of continuous


      flow bioassay to assure that the receiving


      waters  of Galveston Bay and its tributaries


      do not  contain concentrations of waste


      materials singly or in combination that


      exhibit acute or chronic toxicity to sensi-


      tive endemic aquatic species.


           Isn't this  what this conference is all about?  I


 thought that is why you  gentlemen were here.

-------
                      S. Stewart






               All toxic substances found in wastes



     discharged to Galveston Bay and its tributarie



     shall be identified and the toxicity of each



     waste shall be determined in accordance with



     procedures described in Standard Methods for



     the Examination of Water and Wastewater, thir-



     teenth edition.



          Again this seems only reasonable and logi
               No. 19.  If,after best available




     treatment as described by the Environmental




     Protection Agency,the water quality of the




     Houston Ship Channel is not materially enhance




     to the level projected by the Galveston Bay




     study, an alternative method, particularly




     instream aeration,  will be implemented.  Cost




     of such activity will be borne by the dis-




     charger in proportion to their pounds per day




     COD or TOG  loading by industries and




     municipalities.   Further,  such  instream  treat-




     ment will be performed in  cooperation with and




     approval  by the  Houston Port Authority.




          It seems to me  that those polluting, be  they




individuals, municipalities  or  industries, should  have
                                                      166
al
   to

-------
                                                       167
                       S. Stewart
 pay some of the cost of cleaning up that will


 everybody.  Our environment will not go on


 out breaking down.  Water is not an unlimited


 Nature recycles water.  We are breaking down


 Galveaton Bay has an important effect on the


 system and the Gulf area and Galveston Bay in


 is a breeding ground for the major portion of
that process.


entire Gulf


 particular


 the world's
 marine supply.


           It seems to me that TOG and COD should defi-
 nitely be parameters.   It also seems that the
i

ja timetable for industries  as  well as municip


jthat should be set by  this  conference here to

i
 tables are the name of the  game.


           Again referring back to  Mr. Churchw
 ment  of last  spring--!  will  bring  that  clipping  to  this
 conference  tomorrow  if  we  are  still  here  and
 benefit
rever with-
 resource.
re  should  be
ilities  and
Jay.   Tlme-
jll's  state-
;urn  it  in
 to  you--he  said  that  the  total  amount  of  money  spent  on


 the  Galveston  Bay  studies  so  far was over $3 trillion.


 Now,  after  spending over  $3 million, it is  time for a


 little action.   There is  enough known  to  begin  taking


 action.  Study is  well and good and should  be continued


 without a doubt, but  the  time for Just study has long


 since passed and if the Water Quality Board can reduce

-------
                                                       168
                       S.  Stewart
 one  parameter  BOD  from  360,000  pounds  a  day  to
 pounds  a  day with  pro'
                                         90,000
by the first of next year, they can reduce the

parameters as well and it is time that it be do

our organization doesn't care whether the Water

Board does it, the EPA does it, or who does it.

care that it gets done.

          Thank you.  (Applause.)

          (Mrs. Stewart also submitted the foil

paper:)

          Recommendations to Galveston Bay Conf

Concerning the Scope of the Enforcement Confere

the Citizens Survival Committee, Inc.

          1.  Complete review of the entire Tri

River Plan to insure that it will not have a de

effect on Galveston Bay.

          2.  Development of a plan to insure p:
                                                 33,000
sounds
                                                 ther
                                                     And
                                                Quality   •
                                                          1
                                                 We only  .
                                                 ees
                                                 e from
                                                 ty
                                                 imental
                                                 tection
of the  Neckes, upstream as well as the lower river basin.j

          3.  A regional plan with implementation time-

tables for both municipal and industrial discharges into

the Galveston Bay drainage area.  This plan should

include :

          a.  Elimination of all toxic or hazardous

-------
                                                        169
                       S . Stewart
 materials.
           b.  Tertiary  treatment, with  a  re

 achievable standard set at 5 mg/1 BOD 5 day

 suspended solids, 1 mg/1 total phosphorus,

 residual chlorine, and  nitrogen  to 2 mg/1.

           c.  Inclusion of COD,  TOG, TOD, s

 solids, floating debris, flow characteristi

 turbidity, and the thermal effect as well a
i
i parameters, expressed in pounds  per day (wh

           d.  The elimination of heavy  meta

i organic compounds, hydrocarbons  and other p
i
 toxic substances at the source.
i
           e. The inclusion of fail-safe sys

| vent raw sewage, sludge oil and  grease  froir
sonably
nd 1 mg/1
ttleable
B, change in

 BOD, for     '

re applicable).

s, complex    ,

tentially
ems to pre-

ultimately
 entering Galveston Bay.

           4.  Color levels for all paper companies

 should not exceed 75 color units at a pH of 7«6-

           5.  The Houston Lighting & Power Company's

 Cedar Bayou Plant shall return water taken from Cedar

 Bayou to its source.  Temperature of cooling water shall

 be discharged at ambient temperatures.

           6.  The minimum standard allowable for maximum

 waste discharge into the Houston Ship Chanrie?. from all

-------
      RECONVENED FIRST SESSION




               0? THE




        CONFERENCE




          IN TPIE MATTER OF




POLLUTION OF THE NAVIGABLE WATERS OF




  GALVESTON BAY AND ITS TRIBUTARIES
               he in at






            Houston, Texas



          November 2-3, 1971
     TRANSCRIPT OF PROCEEDINGS

-------
                                                        170
                        S.  Stewart
  sources  shall  not  at any time exceed 35,000 poun

  (5-day)  per day,  and that by 197*1 this  standard

  be  lowered  further.

           7.   Cleaning  of all liquid and solid  wa
I
i  from  shipping  in  the Galveston Bay system and the
i
!  posal thereof  shall  be  developed  by the  Port Autl

1  involved  and regulated  by the EPA,

;           8.   The  EPA shall  immediately  ban ocean

'.  from  all  Texas industries.

           9.   Immediate  banning of  all new  deep  w

I  disposal  of industrial wastes  (excluding return  o

;  field brine to source formation).   All permitted

!  well  disposal  systems shall  be  stopped and  plugge

j  one year, with all injected  substances returned  t

i  surface for treatment.

i           10.   All toxic  substances  found in wasl
I  BOD
lould
 tes
dis-
rities
dumping!
11
 oil
eep
 within
 the
 dis-
! charged into Galveston Bay and its tributaries, including
'                                                  I
j the Inter-Coastal Canal, shall be identified in 1;.he
i                                                  !
j manner suggested at this conference by the EPA conferee.
i
j           These toxic substances should then be reduced

 or eliminated to insure that singly, or in combination,

 they do not exhibit acute or chronic toxicity to sensi-

 tive, endemic aquatic species.  To insure this, the EPA
L

-------
                      S . Stewart
and TWQB shall immediately begin a program of continuous



flow bioassay tests.




          11.  If, after the best available treatment



the water quality of the Houston ship Channel and Glaives-



ton Bay System is not greatly improved, additional



methods,such as in-stream aeration, shall be implemented.



The cost of this program will be borne by the discharger



in proportion to their pounds per day of COD, TOG a|nd TOD



This treatment shall be operated by tne Port Authority



involved, and regulated by the EPA.



          12.  No permits shall be issued under the 1899



Refuse Act without public hearings held by the EPA in the



area in which the applicant is located.



          13.  All meetings concerning Galveeton Ba|y shall



be held in the bay area with notice being published in




the local papers



          (Mrs.  Stewart also submitted the following



clipping:)
                                                       171

-------
  Cyanide     wells
           y- .r y- - 7/
By IlAKOLn SCAW.KTT
Post Environment N'rltrr

  Two industry spoilsmen on
an Earth Week panel agreed
with a federal  attorney  Fri-
day that_*1t*fn wells arc not
the best K-IV^P disnqso ol jhe
  "i'i.at's Jasl ^weeping your
 problem under the rus — you
 shouldn't do  it" said H.  JL
 (Hark) Meredith, an environ-
 mental  engineer  with   the
 Humble Oil and KcGainj Co.
                        Iftrtf* n nt nines en an mtpr-
                        ini b;;sis.__but_tt!s not n_lppg-
                        lorrn  snItitjon to the nrob*
                          A  Tenneco  envtronrncnlal
                        engineer.   Bob  Churchwelf.
                        also  agreed  with  Assdslant
                        U.S. Ally Rex Green lhat the
                        wells  are  unwise.  Green  Is
                        tondline: a federal water pol-
                        lution suit agalnil Armco.
                          Federal officials are oppos-
                        ing the wells, while the Texas
                        Wster Quality  Board  has de-
                        cided thev are the most fea-
sible  solution.   The  water
board has ordered  Armco to
start the wells by Sunday or
lose  |t> Matt discharge per-
mits.
  While he found some sup-
port  In  Industry's ranks,
Green got  into  mi  exchange
with another Industry  panel-
ist,  Charles Lanford of the
Celanese Oorp, on the wells.
  Lanford  said  the  federal
government had usurped state
powers and left  Armco In Ihe
middle of a conflict of author-
ity.
                             i
        1          !•      B
   asks ruling,

   on wells
                           Armco favors the JLTS mil-
                          lion wetts over more costly
                          alternative proposals.
                           But  In  pre-trial  ncgotia.-
                         Htlons,  Ihe  federal Environ-
                          mental Protection Agency
                          and Uie Justice  Department
                          have vrarnEd Armco not to use
                          thf wells.  The federal  olfl- ,
     Y--2.J--7/        clals fear  possible  con-
  The  Amsco Steel  Corp taminatiDn of »™Bnd wat*r'
iilced a federal 1ud»e Tues-  MeanwhDe, Armco  report-
 day to  decide whether it ed, it has moved a drilling ng
should obey the stale or the onto its Pn>P««y  to meet a
federal government in a eon- Sund:7 drad!Pe  ^et V tbe
Eirt ever dispOEa  its  eya- slate for startirg Bie wells.
nidc wastes into dcsp injection  The water board wanted
make members of the Texas Armco at its March 26 meet-
  Artnrneys fcr Artrtea iiJed s SegJlatjmejgells. approved
motion  askinR  tl.e  court  to in  ^ December  were not
mke members  of the Texas started in a month the sled
Water Quality Board parties Plim would !nsa ^ state P61'
to  a federal water poBufion ™te lo &s&*iS* into the
suit pending against Armoo.
                             Saf Channel.
     The notion, to effect asks   Armco's president, C.
                                               wn-
Feder-dl Judge Aflcn B. Han- 'iajn *•&*'• »£ Tuesday the
nay  to decide whether the company had been ready to
aate has th-auCiarity and iu- *&*  !i*   weJs  ™, *<*&
risdiction  to require the dis- jannsrJr Dut ncl4 °P because
~asal w.'cQs.                of the ledcral opposition.
".Obviously If the effluent
was t-Mi. Acrf.'l. c'k-Jjr k.'ilei.
$£p[£JJ,^" »0 rnnlurl, l.rnon
relnrted: "Tflp_J^rMinlnjyv Js
there — U'R lust a 'r«ft^r-j>f
c5sL ]ptfu>irv ut>uld n ever l»
cauKM in a fwich like uiis il
tiif,' -Wfflild voivnlnrfiy ui^e
ilEb^iiCst. tne cJeimcst solu-
fiar..
Pressed by Lanford on ex-
actly what" alternative dls-
posBl methods are available.
Green said Arrneo itself, hnd
presented some In confer-
ences on the suit, out he
cpuld not discuss theni be-
cause the case Is pending.
Churchwell and Meredith
agreed that alternatives are
available.
Grwn 53ffj ir u-a« hmhaMp
Ifae^flepp-wcU wnstei \vm:lil
never Infiltrate into eround
iratcr (Titcl i:«vor cause prob-
Jenis. Bui iie aryuetl_jnrre
v^no^Tininl in liikin- that
rhBnco \vhrn •ihe_j-.'»lis -vvcrt
JinnivrasilT, t'" •=='[! «nn:™u
JBJJaLan p.\!ict scifnjp-
"1've invested in too many
dry holes," he said wryly.
An Arm CD spokesman.
meanwhile, said drilling on
the 51.75 million wells would
begin Sunday, the slate's
deadline day.
The panel, held t\ Ihe Uni-
versity of Houston, also un-
Inadpd vimp rriliffirq ttr\ CQ«-
Uy en.^ineerii!!; studies maa.
now to solve pollution prob-
JCI tl-S-
James Doiry, an assistant
county attorney who handles
pollution cases, waved an en-
Sincerlns report — whicn ne
THE HOUSTON POST
iniunir »>iu u uri. ,.__ t —i
                                                   said cost  taxpayers ^400.000.
                                                    —on sewage probiC-Tis in the_
                                                   Ship Uia'nngLaiEHj^iiie~ j;:uciy
                                                   was done~Dy Turner, Collie &
                                                   Br?den along  witlt Bernard
                                                   Johnson Engineers Inc.
                                                     "Any lOlh gjrafe  bloln
-------
                                                       173
                        W.  Taylor






           MR.  STEIN:   Thank  you,  Mrs.  Stewart.




           Any  comments  or  questions?




           If not, Will  Taylor.






                     WILL  TAYLOR




       EXECUTIVE  COMMITTEE OP THE HOUSTON  GROUP




        OF THE LONE STAR CHAPTER  OF  THE  SIERRA




        CLUB AND  THE CONSERVATION COMMITTEE  OF




             HOUSTON AUDUBON SOCIETY






           MR.  TAYLOR:   My  name  is  Will Taylor an




representing the  Executive Committee of  the  Hous




of the Lone Star  Chapter of the Sierra Club  and



Conservation Committee  of  the Houston Audubon so




These two  organizations comprise  approximately  1




members in the Houston  area.




           The  first part of this  testimony will




review the recommendations contained in  the  "Sta




of Federal-State Task Force for Galveston Bay En
J I am
:on Group I
bhe
:iety.



,200
critically
;ement
'orcement
Conference," dated September 1971, and that is the dark



bl:ie little book that most people may have.  Th.e princi-



pal fault with these recommendations is the lack, of pro-



visions for establishing effluent standards and time-



tables as was done in preceding shellfish enforcement

-------
                       W. Taylor
conferences.  The second part of this testimony wi



recommend additional items which we feel should al
considered in developing a continuing waste abatement



program.
          Part I  Criticisms of Task Force Recommei
tions
1).
Recommendation 1):



We concur with the conferees on Recommemation








Recommendation 2):
          We feel that sampling of shellfish to del




mine toxicological effects should be conducted by 1
Texas State Health Department in cooperation with cither



State and Federal agencies.  The wording of the




Force recommendation, "...as the Texas State Healtt
Department deems appropriate..." should be deleted
                                         .1
                                         o be
                                         kda-
                                         er-
                                         he
                                         since
it appears to give the State of Texas veto power over any



participation by any agency, State or Federal, in



sampling program.



          Recommendation 3):



          This recommendation states that "Effective dis-




infection of all domestic waste sources contributing to



bacteriological pollution of the Galveston Bay System

-------
                                                       175
                       W.  Taylor
will  be  provided."   We  strongly  urge  that  the  word



 "domestic:"  be  removed from  this  recommendation.   Th



would generalize  this recommendation  to  include  all



sources  contributing bacterial pollution to  the  Gal



Bay System  and  thereby  eliminate  a  legal loophole f



industrial  polluters.



          With  respect  to the second  paragraph of R



mendation 3), we  urge that  an implementation plan f



centralization  of facilities and  disinfection  of  al



waste  sources contributing  bacterial  pollution to t



Galveston Bay System should be drawn  up  and approve



the Galveaton Bay enforcement conferees  by June 1,



This  implementation plan should have  as  its goal th



available treatment for municipal wastes.  Such trea



is now defined by the Federal Government as 5 mg/1 :



5 mg/1 settleable solids, 1 mg/1 phosphate expresse<
waste
eston
com-
r the
 by



972.
 best
ment
 as
phosphorus, and 1 mg/1 residual chlorine.



          Recommendation ty):                       j



          We feel that the current waste source survey,



utilizing grab samples at widely spaced intervals, is



inadequate to define the Individual effluent outfalls.



We recommend that an intensive waste source survey be



conducted within the following guidelines:  (1) parameters

-------
                                                        176
                        W.  Taylor
 to  be monitored  should  be  determined  from  the

 the  industrial processes producing  the  effluen

 compositej flow  proportional  samples  be  taken

 continuous sampling take place  over at  least a

 period.  A timetable for conducting and  for re

 results  should be agreed to by  the  conferees \

i days of  this  conference.   It  is  further  recomm

] this data be  made available to  the  public, as

i reporting data currently is.
i
i           Recommendation 5):
I
|           We  feel that  "the best reasonable av
j
I treatment for waste sources"  should br>  specif^
i
 terms of concentrations as well  as  absolute lo

 the  effluent  constituents  and approved by  the

 by June  1, 1972.

           Recommendation 6):

           We  concur with this recommendation a

 the Texas Water Quality Board for their policy
iature of

', (2)

and (3)

five-day
orting

thin 30
nded that
he self-
liable
d in
ds  of
onferees
d commend
to pro-
 hibit dilution as a substitute for treatment in the case

 of amendments to existing, or new, waste control orders.

           Recommendations 1, 8 and 9):

           We concur with these three recommendations.

           Recommendation 10:)

-------
                       W. Taylor
          We  concur with  the  specified  maximum



value of  35,000 pounds per  day of 5-day BOD  (b



oxygen demand).  However, we  recommend  that  th



agree on  target maximum waste load values for



cal oxygen demand) and aettleable solids in  th



Ship Channel  and in Galveston Bay by June 1, 1



          Recommendation  11):



          We  agree with the EPA recommendation



Cedar Bayou Powerplant.   We further recommend



once-through  cooling water flow for the two  cu



operating units now discharging into Trinity B



rate of 750 cfs (cubic feet per second) be ter



and a recirculation system utilizing a  1,500-tx



pond, built on high ground, and makeup water f



Coastal Industrial Water Authority, be put int



as soon as possible.  We recommend that the ad



three units proposed by Houston Lighting & Pow



cooling towers or be constructed on an alterna
                                                       177
 waste  load
.ochemical
s  conferees
    (chemi-
  Houston
372.
  on  the
 hat  the
rently     |



,y at  the   j



linated



re cooling
om the
 operation
itional
r utilize
e site.
          The presently planned 2,600-acre cooling pond



encompasses an area including Wet Marsh Pond and results



in additional estuary destruction, a chronic and growing



problem in the Galveston Bay area.  We object to the use



of estuary areas for waste treatment ponds and urge that

-------
                                                        1/8
                        W.  Taylor
 the practice  be  stopped,  beginning  with  the  Ced«,r  Bayou


 Plant.


            Part II  Further  Recommendations.


            Recommendation  A:


            We  recommend  that  all  Texas  Water  Quality  Board


{ and Galveston Bay Project reports,  including these of


 contractors to these agencies, be distributed  to at


 least one  public or  university library in Harris,  Galves-j


 ton and  Chambers Counties to facilitate  public access  to


 this information.


            Recommendation  B:


            We  recommend  modification of the current waste  !
                                                           i

 abatement  program based on  the Galveston Bay Project's    I
 Immediate Needs Report which is to be completed


 end 1971 and that the revised abatement program


 proved by the conferees by March 1, 1972.  It is
by year-
ae  ap-
 under-
 stood that the Immediate Needs Report is intended to


j provide the adjustments which must be made to th
I

 effluent quality of approximately 50 municipal and

                                                 i
 industrial discharges, which account for over 90'percent


 of the total load on the Galveston Bay System, in order


 to meet the present published water quality standards in


 each zone.  We recommend that this report specify its

-------
                                                       179
                        W.  Taylor






 abatement  strategy in  terms  of  effluent standards  an



 timetables for  specific municipal and  industrial sou



           Recommendation C:



           We  recommend  that  all data collected  vJith



 reference  to  this  enforcement  conference  be  publishe



 and  be  made available  as  in  Recommendation A.   Furth



 we recommend  that  proceedings  of all Texas Water Qua



 Board-Environmental  Protection  Agency  meetings  conce



 ing  pollution abatement in Galveaton Bay  be  made ava



 able  to the public,  also  aa  in  Recommendation A.



           Recommendation  D:



           We  recommend  that  the  Texas  Water  Quality



 Board investigate  the usage  of  the  Total  Organic Car



 measurement as  an  alternate  to  the  COD (chemical oxy



 demand)  measurement  for some types  of  waste  effluent
ces .
ity
•n-
1-
on
en
 to
provide a more meaningful assessment of the actual



pollutional load.



          Recommendation B:




          We recommend the inclusion in the Galvesto  Bay



Project of the task to determine the freshwater inflow



and distribution requirements of marine life in Galveston



Bay.  This task,  as well as the intensive waste source



survey, was an integral part of the original Work Plan

-------
                         W.  Taylor






  for the Galveston Bay Study developed in 1966.



            Recommendation P:



            We  recommend the immediate formation o



  Technical Advisory Group to the Galveston Bay Pro



  similar to the  Water  Resources  Research Program C



  mittee  which  developed the original  Work Plan for



  Galveston Bay Study in 1966.




            Thank you.



            MU. STEIN:   Thank you.



            Are there any comments  or  questions?



            Thank you,  Mr. Taylor.   (Applause.)



            MR. YANTIS:   Could  I  have  a  copy  of  tha



!  would like  to read  it  further,  if  I  may.



            MR. TAYLOR:   Surely.



            MR. YANTIS:   Because  most  of  them I  agr



            MR. STEIN:   I  have  three requests for s



  ments tomorrow.   One of  these is Congressman Eckh



  Dr. Quebedeaux....and  Dr.  Preslock.  We have no more



  requests  for speakers  today.  Does anyone else in
                                                        180
 ect,
m-
the
e with.
ate-
rdt,
the
 audience want to speak?




           Yes.  All right, I guess sometimes the machinery




 doesn't operate. That is why we make these announcements

-------
                                                       181

                     Mrs.  J.  Grovcr






                    MRS.  JAMES  GROVER




              ENVIRONMENTAL QUALITY CHAIRMAN




             LEAGUE  OP WOMEN VOTERS OP HOUSTON




                     HOUSTON,  TEXAS






           MRS.GROVER:  I  am Mrg.  James  Grover




 of  the  Environmental Quality Committee  of  the




 Women Voters  of  Houston.




           We  in  the League  are very happy  to



 Galveston  Bay enforcement  conference  reconven




 anxiously  waited  for Joint  recommendations  of




 Environmental Protection Agency and the State




 on  how  best to improve the  condition  of Galve




 and insure its health and  survival.




           Before  the original conference last




 received a thick  book, termed the  black book  1




 Water Quality Board officials, which  not only
 Chairman
League of
ee the
   We
the
of Texas
ton Bay
 une we
y Texas
explained
EPA's recommendations for abating pollution o^ Galveston




Bay but gave details which led to their recommendations.



To prepare for today's hearing the public has been given




five pages of recommendations with absolutely no back-




ground as to why any of these decisions were reached.




After the conference in June where we all heard such

-------
                                                        182
                      Mrs.  J.  Grover
  widely differing reports as to exactly what th



  tions  of the Houston Ship Channel and Galvesto



  we feel the public  is entitled to hear how the



  mendations  were reached.




           Why,  for  instance,  are  there no prov



  public disclosure of technical data and result



  studies?  Why did EPA abandon its original rec



  tions  that  additional costs incurred by the Go:
I
  Engineers  for  dredging  of  the  Houston  Ship  Channel  be
L
  evaluated  and  an  assessment  of  damages  among  the  waste



  dischargers  to the  channel be made?   Certainly  we com-



  mend  the recommendation  that any  amendments to  existing



  or  new  Texas Water  Quality Board  waste  control  orders



  will  prohibit  dilution as a  substitute  for treatment,



  but what happened to  the waste  source survey  and  abate-



  ment  schedule  for the 55 waste  sources  discharging  more



  than  500,000 gallons  per day that EPA originally  recom-



  mended?



           These questions and many more have  not  been



  answered in the report issued for this  conference today.



  The public is  left  with the  alternative of accepting



  these recommendations or not accepting  them on  a  gut



  reaction only.  This  is a condition which leads to  unhapp
 condl-
 Bay are,
e recom-
sions for
 of
mmenda-
ps of
           nes

-------
                    Mrs. J. Grover
for all.  The public feels disenchanted at
being left out of any real decision making
government loses valuable public support ne
out its programs.
          Thank you for allowing me to spea
today.  (Applause.)
          MR. STEIN:  Thank you.
          Are there any comments or questio
          Is there anyone else who wants to
          Yes.
>nce again
ind the
>ded to carry
i  to you
          MR. YANTIS:  I would like to remind most of
you again that essentially every action tak
Texas Water Quality Board is taken followin
hearing.  Regretfully they are poorly attended, but they
are advertised in your papers, there is a d
notice given, and they are public hearings-
they are, and we ca.i prove it—and the meet
                                                      183
is?
 speak today?
 n by the
g a public
Irect mail
-yes,  ma'am,
ings to which
these things come are public.  And I am sorry if you
are shaking your head, but It is still true and I can
prove it,.
          MRS. GROVER:  Mr. Yantis, I was not speaking
of public hearings .  I was speaking of this public
hearing and the fact that we got no information on this

-------
                                                       18 ^
                      Mrs .  J.  Grover
 five  double-spaced  pages.




           MR.  YANTIS:   Well,  I  will  Join  you  in



 of  course,  as  I  have  said  earlier.



           MR3. GROVER:   And also  your  public  he



 are almost  always held  in  Austin.  It  is  awfull



 to  get  to  Austin every  month  or two.



           MR.  STEIN:  You  know, Mrs. Grover,  if



 a colloquy, why  don't you  come  up and  don't str
voice.
record.
MR. YANTIS:  Well, I know what she sa



MR. STEIN:  No.  Again, we are workin



 I understand your wish to say someth
will be glad to put it on the record, but the r



has to hear what you say.



          MR. YANTIS:  Of course the other thin/



entirely different.  There was some interest in



of wastes to sea, and we share that, and we have



some of it coming from Texas.  There ia some thi
                                      that,
                                      rings
                                       hard
                                      /ou have
                                      in your
                                                 d .
                                                 with a
ng, and we



porter
                                       is
                                      barging



                                       opped
                                      t  we  have
not stopped, we simply don't know about,



          But I would like to ask your cooperation in



stopping the disposal of wastes in the Gulf of Mexico



coming from places like Ohio or Pennsylvania being



barged down the Mississippi River.  I don't just exactly

-------
                                                      185
                    Mrs .  J. Grover





like that.



          MR. STEIN:  All right.



          Now, again I will say, does anyone want



anything?



          If not, we will stand recessed until 9:;




tomorrow in this room.



          (Whereupon, at ^:10 o'clock an adjournme



taken until 9:30, Wednesday, November 3, 1971.)
o say
t was

-------
                                                      186
                    MORNING SESSION




              WEDNESDAY, NOVEMBER 3, 1971
                                         9:30 o
          MR. STEIN:  Let'a reconvene.



          Vie have several people who have Indicated they



wanted to speak this morning, and we will listen to them



first.  Then we will plan an executive session among the



conferees, and subsequent to the executive session I hope



we will have an announcement.



          Is there anything before we start?
make .
          MR. VANDERHOOF:  Mr. Stein, I have a request to
          Mr. Stein, Mr. Yantis, there have been several i
references to the working papers used by the Te



Task Force to arrive at their recommendations.
 clock
ihnical



 There has
also been great interest shown by the groups who spoke



yesterday as to the background.



          I would, therefore, like to request,  AT.



Chairman, that the working papers be made avail ible for




the record of this conference.



          MR. STEIN:  Are there any objections?



          MR. YANTIS;  Mr. Chairman, I concur in that--



and I spoke with some of the Federal people a few moments



ago—provided that it is understood that the working

-------
                                            187
Technical Task Force Working Papers
                                         rma-
                                        p ipers
                                         adge
papers are not themselves the entire source of info



tion.  Much of the data is in files of various klnda



some of which has been checked for accuracy, some



          But I am quite agreeable to the working



being into the record with the clear acknowledgemenb



that they do not constitute the whole body of knowl



upon which our decisions are based.



          MR. STEIN:  Is that agreeable?



          MR. VANDERHOOF:  That is agreeable.



          MR. STEIN:  Without objection, and with tnat




proviso, the working papers will be entered into




record as if read.



          (The above-mentioned working papers follow
                                       the

-------
        Supplementary Report
                 to
 Federal-State Technical Task Force
                 of
Galveston Bay Enforcement Conference
         Working Paper  Only
           September 1971
                                                   188

-------
                                                                   [89
                        TABLE OF CONTENTS
Section                       Title                         Page


               LIST OF FIGURES                                i

               LIST OF TABLES                                ii


   I           INTRODUCTION                                   1-1

  II           EFFECTS OF WASTE DISCHARGES ON SHELLFISH      II-l

 III           WASTE DISCHARGES AND EFFECTS ON WATER        UI-1
                 QUALITY
               A.   HOUSTON SHIP CHANNEL                    III-3
               B.   GALVKSTON BAY AND ALL OTHER AREAS       III-4C

  IV           CEDAR BAYOU POHICR PLANT - HOUSTON LIGHTING    IV-1
                 AND POWER COMPANY

   V           SUGGESTED RECOMMENDATIONS                      V-l


               APPENDICES

               A    AERIAL RECONNAISSANCE OF THE HOUSTON
                    SHIP CHANNEL AND GALVESTON BAY,  Tf./AS

               B    HEAVY METALS - HOUSTON SHIP CHANNEL -
                    JUNE 1971
                         LIST OF  FICUI!F,S
     cJIOi.                    TiLlc                          Pg££

   II-l         Water &  Oyster  Sampling  Locations  -           Follows
                 F.PA Rcronnnlflfinncc  Surveys                  Page  II-
                 Nov.  1.970,  Jan,  1971,  Apr.  1.971

-------
                                                                  190
                         LIST OF TABLES
Table Ho.                     Title
  II-l         Concentrations of Hydrocarbons Separate!      II-2
                 from Galvcston Bay Oyst^ra,
                 November 1970, January 1971, am!
                 April 1971

 III-l         Summary of Waste Discharges -  Galvesto       III-4
                 Bay Area *

 III-2-A       Municipal WasLes - Permit Data               III-5
                 Houston Ship Channel

 I1I-2-B       Industrial Wastes - Permit Data              111-12
                 Houston Ship Channel

 III-2-C       Municipal Was res - Permit Dnta               111-19
                 Galveston Bay and All Other  Areas

 1I1-2-D       Industrial Was Los - Permit Data              111-23
                 Gnlvcston Bay and All Other  Areas

 1II-3         Largest Waste  Dischargers -                  111-27
                 lions ton Ship Channel

 III-A         Oil  ami Crease Extracts from Bottom           111-32
                 Sediments -  Houston  Ship Channel
 III-5         Permitted  Discharges  on Oil  and Grcani       III-3A
                 Hou&ton  Ship  Ch.-.unol                |

 II.I-6         Concentrations  of  Heavy Metals               111-37
                 Houston  Ship  Channel

 1II-7         Heavy Metals  in Sediment                    111-39
                 Houston  Ship  Cliannel

 III-8         Largest Waste Dischargers                    111-41
                 Galvcston Bay and All Other Areas

-------
                                                                   191
                         I.   INTRODUCTION






     The Calves ton Bay Enforcement Conference was  convened  in Holuston,




Texas  £rc/.« June 7 through  12,  1971, under  the provisions  of Seccion  10




of  the Federal Water Pollution Control Act,  for  the purpose of dousider-




ing pollution affecting  shellfish harvesting in Galveston Bay, Texas.




The Conferees are the Environmental Protection Agency, representing  the




Federal Govcrnmc.it, and  the  Texas Water Quality Board representing  the




State  of Texas.




     During  the Conference,  a  great number of presentations were made




by Federal,  State and local  regulatory agencies, as well  ns industries




and private  consumers and  environmental groups of  the. Houston tijetrnpolitau




area.  These presentations contained an sxti'aordinary amount ofi technical




information  concerning quantity and characteristics of waste discharges,




as well as effects on receiving water quality and beneficial uses; some




of which was apparently  contradictory.  Consequently, the Conferees de-




cided  that because of the voluminous record  compiled during thj: six days




of the Conference, It would  be impossible  to immediately  assim:Llat E; all




of the testimony presented and develop a pertinent scries of recommenda-




tions concerning the conduct of the waste abatement program In, the Gal-




veston Bay and Houston Ship Channel arcn.  Therefore, the Conllcrcca




directed that technical  personnel of the Tcxns Water Quality Hoard and tlv




Knvtronmcntal Protection Agency review and update the data  presented, and




compile a common bunclinc which will permit  conclusions and recommenda-




tions for developing a continuing wantc abatement program.




     Upon review of the  testimony made nt the Conference, divergencies




in u.'chnicnl  concluntons were apparent in the following caLrgoric.n:

-------
                                                                   1-2
     1.   Quality and acceptability of shellfish in Galveston Bay




     2.   Actual, wasto discharge levels versus permitted d is chare




 levels.




     3.   Waste treatment status and future needs to meet water q




 standards,




     A.   Toxic materials contamination.




     5.   Discharges of oil and grease flora wnsto effluents,




     6.   Possible deleterious effects of cooling water discharge




 the proposed Houston Lighting nnd Power Company expansion of the




 generating plant at Cedar Bayou,




     The  following information was prepared by the Division of Fi




 Investigations, Denver Center, Environmental Protection Agency, f




 da(;a supplied by the Texas Water Quality Board;  Region VI Cnforc




 Ofificc EPA, Dallas; and the Galveston Bay Field Station EPA.  Add




 supporting information was also provided through the facilities o




 regional  office of the Food and Drug Administration and the U,  S.
lity
from
ectrical
en t
lonal
the
ir
Folrcc at Bcrgstrom Air Force Base, Texas, as well as the Harris County




Pollution Control Department.  Suggested recommendations are also included.




It is hoped that this compilation is sufficient Lo permit participants in




the joint Kodcral-SLatc technical task force to arrive at suitable con-




clusions to present to the Conferees.

-------
                                                                   193
          II.  EFFECTS OF WASTE DISCHARGES ON SHKLLFISH
     Data were  reported at  the Conference concerning  lev




hydrocarbon  residues  in oysters  collected from Galvesto




November 1970.  Concentrations o£  oil  and hydrocarbon  r




approved harvesting areas in Gnlvcston Bay were  from  twt




greater than observed  in cK^od  areas  of West Falmouth 1




chusctts.  Went Falniovith Harbor  was  closed to shellfish




a September  1969 oil  spill.  On  June 16, 1970, in a let




of Marine Fisheries,  Stiitc  of Massncluisotts , the Direct




Health, State of Massachusetts,  stated that  "... the are




September 18, 1969 continues to  be polluted  by oil depos




fish harvested  from this area arc  unfit for  food purpos




dangerous to public health."




     This letter, together  with  the  results  of further £




by EPA in January and April 1971,  in Calves ton Bay, us v




tion of the analytical methodology inc]udinjj the prelim:




gas cltroniatograpli-mass spcctroscopy  analyses for Specif:




stituting these oil and hydrocarbon  residue!), were subm
                                                          Is  of  oil  find
 Day during
 iduus from
 to six times
jrbor,  Massa-




 arvcsting after
 r to the Director
r of Environmental
  . . .  closed since
its and that shell -
  and may be
 mpling conducted




 :11 as a dcscrip-




 ary results of




  compounds con-
 ted for the record
at the Conferees' request and will be included in the  transcript of  till




Conference.




     The results of the KPA sampling program nre presented in Table  II-l




and the sampling locations  arc shown in Figure II-l.  The concentrations




of hydrocarbons from five stations in approved nrens during January  1971




range from 11 parts per million (ppm) to 40 ppm.  Concentrations from four




stations In prohibited areas ranged between 33 ppm find 159 ppm.  The maximum

-------
                                                                      II-2
Station No.

     1

     2

     3

     I,

     4A

     5

     7

     8

     9

    10

    11

    12

    13
               TABLE II-l. —  Concentrations  of  llydrocnr
                      from Galvesuon  Bay  Oysters,  Novemb
                            January 1971,  nnd April 1971
	Hydrocarbon Con Generation B (ppni)	
                January 1971
November 1970

      26

     237

      30



      23
                               ions Separated
                               :r 1970,
                   159

                    24

                    33

                    7.8

                    '.0

                    11

                    54*

                    45

                    61

                    25
April 1971

    16
                                         50



                                         26

                                         19
* - Result questlonabJe.

-------
Klfluro V,-\  \7riK;r f; Ovv:{'or Soinjdlno l.occH
             tiov. iwo, Jciii.lOYl./i!,:: If-Vl.

-------
concentration was  isolated  from a  station  near Morgan Fo
of  the  land-locked  portion  of  the  Houston  Ship Channel.
Oceanographlc Institute has separated  and  identified BCVI
compounds  from  oysters collected at-this  location.  Thesi
pounds  include  dimethyl,  tricrcthyl,  tetramothyl  and biphi
fluorcnc in  the oyster extracts.  Aromatic hydrocarbons  <
occur In oysters.   These  compound:, are common components
and many refinery products. Their presence in  the oystc
demonstrates contamination  from petroleum  products.  The
made on oysters taken from  a presently prohibited area.
     At the Conference, the Food and Drug  Administration
present data do not show  that  a health hazard exists due
of  oysters taken from approved areas in Calvccton Day.   '
by  the  official Federal regulatory agency  for shellfish  i
still valid and in  effect.   However, the FDA hns recently
study of oil and hydrocarbon residues  In oysters of Gnlvi
well as other areas throughout; the country. Ito determine
cological significance of tJyesc concentrations.  Prcllmli
not yet available for distribution and publlcfltIon, but  i
of  totnl hydrocarbons observed are not Inconsistent with
          196
         II-3

nt at the mouth
The Woods Hole
ral aromatic
 aromatic com-
nyl methyl
o not naturally
of crude oils
 extracts clearly
o analyses were
stated that
to consumption
his conclusion,
arkcting, is
 initiated a
oton Bay, as
possible toxi-
ory resultn arc
lie concentrations
EPA scmplinij re-
sults r  Without rcg.trd to tltc significance the findings may have wlt'i
respect Co petroleum com am I! nail on, the concentrations oil! specific aiomatic
hydrocarbon compounds Isolated arc not presently connidcircd elgnificai t
from a toxlcologieal ctnmlpollnit. do varrani ntfceeeary rcctnlatofy action.
The study it continuing.

-------
                                                                   197
     A great deal of discussion  and  data  were  presented  at
concerning  the  requirement  of  the  National Sliellf ir.h  Sanitation Frogrnm
for bacteriological  sampling  to be  conducted under the most
hydrographic and  pollution conditions.   After  examining these data and
additional  information,  the Food  and  Drug Administration hi




that  increased emphasis  on regulating sampling  under  these
s concluded
conditions is
necessary  to  Insure  that  acceptable  shellfish  harvesting aiens  in Galveston




Boy  are properly  classified  from a bacteriological  standpoint.   This  pro-




gran has begun  in cooperation vllh the  Texas State  Health Ecpartment.   It




should be  emphasized that the increased surveillance  necessitated by  this
 action will  require  additional  personnel  and  equipment  for




 Health Department.




     The heavy metals  concentrations  in shellfish  taken frc
Bay  are  relatively  lev compared  to certain levels  in  shellfish  in  other




southern or  eastern bays,  llovcvcr, the major  concern in  presenting  this




information  is  that no official  criteria  arc presently  available for general
circulation as  to  the significance  of any  level,  of heavy  me




toxic  contaminants, found  In oyster meat.  Alert levels arc
die Conference
 unfavorable
die Texas State
m Calveston
tnls, or other




 now being de-
veloped by  the Food and Drug Administration  andl will be  presented  at  die




Nntional Shellfish Sanitation Workshop  to be held  in October  1971.  The




FDA will review these alert levels for  trace tnoitala, pcatlaldt'n  and




various toxic hydrocarbons, us well as  the tcctimicai conn Id orations in




developing  them, with the Environmental Protect Ion Agency prior  to (lie




Workshop,  these levels, when adopted,  will  np|»)y  to Cnlvctiton Any.




     Recommendations number 1, 2 and 8  In this report, nuggcoted for




Adoption by the Conferees, haw Neen (Hflruoflcd with PfiA.  The 1'tiod and




DruQ Admlnlfltrftti low J» In agrorwnit w((h these rc'coimtiendfitloiin.

-------
        III.   HASTE DISCHARGES AND EFFECTS ON WATER QUALITY
                                                                  tion  to
     Duo  to the many statements at the Conference  tuklng exc

the  reported 1968 effluent  permit values as  not  being accura

tive of present actual waste  discharge quantities  in the are

nation was made of permitted  waste discharges  and  actual qun

effluent  as determined from the system whereby permit holder

analyses  of their own effluents to the Texas Hater Quality B

monthly basis.  At the preparation of this report,  clui.a were

nbout June 1970, when the system vac initiated,  through Marc

to  the initiation of the self -report ing syslrtn by  the Texas

Board, no overall complete  dcU-rr.;i«3l ion of actual  quantity c

chnrj'.CD in the Cmlvc: ton Bay  nrrr., based on cffhiciil: samp j. in);

able and  total waste d'sch.nigo!; It,it>rl{iȣ vAluen for April  r.nd Mny 1971 become-
  nviillnlilr.   Thrsp rf;»t.t li.nl not lutt-n chcclu-d for accurdc.y by tlic1 pvrpnr-
  ntlon of  thin  ic^ort,  ln»|tC'Cll
-------
Municipal waste  source penults do not contain  this  puram

number of permits  issued in the Conference area in  314.

twenty-nine  permits arc issued for sources on  the Housfo

and 85 arc for sources in otiicr areas of Calvcuttm  liny.

permits are  issued for municipal waste sources and  154 i

effluents.   These  municipal and industrial sources  are p

charge 27.1.0 MGD and 583.2 MCD, respectively.

     The actual  total waste discharge averaged from Augu

March 1971 far all effluent sources holding permits,  cxc

Lighting and l-iv-t-r Company, and included in llie self-rep

approximately 683  HCD vhicli contains 322,000 pounds per

solids, 244,000  pounds per day of U.O.I)., and  711,000 po

C.O.D. (indt-HLrf al sources only).

     It Is not possible to mate a direct comparison of 1
                                                           ay of! suspended

                                                           mds per day of




                                                           e compliance

                                                           since, in mnny

                                                           C data.  The

                                                           ]UCB, In some




                                                           11 permit re-

quirements  on a  pmnidn jvcr day effluent ItniiliB,  A  large  iiuinlH')' of sources

exceed permit rcciufrnnrnls on a concentration  (niJlligruinl) per liter  or

partn per mUlfon)  bar,Ir,; lnivcvcr, the allowalilc wnHtc fllow in uuuhlly

BO much grenLer  cltnn .iciu.il vavic flow Hint  conversion ID poundu per day

brings the  waste rffacJinrge Mincer i)»f pr/nndn firr d/iy figure1 JinjOii-i' nn

the pCL'nittM.   The texn» W.-eter Qjn^lity nonfd  [inniddfrii n  i:anrentration

whlrli exceed:! the nllnw.tble fM»COJJ!ml Ifni to !;L' fi  vlcilnMnii of thct prrmit.
witti permits by  the aggregate total of uastc
cnses, permit values ucrc not. listed In tlic eclf-reporti

reverse situation;  if. also true; viz., actual discharge  v

instance::, arc  not reported for certain pcnuI.L parameter

and with tlie above quail f I cat ions, most si.jrccts arc vifli
                                                                   III-2
                                                                        199
                                                           itcr.  The total

                                                           Two-hundred-

                                                           I Ship Channel

                                                           Ono-hundred-cixty

                                                           ir industrial

                                                           Tinittcd to dis-
                                                           t 1970 to
                                                           uulvc of Houston

-------
     A  summary  of  permitted and actual waste discharges  on
day basis  is  presented In Table 111*1.  A listing of allowi
effluents  from  each source, as of March 1971, is contained
The major  substantial change in u.istc effluent since March
stnllatlon of treatment at U.S. Plywood - Champion Paper C<
actual  effluent as  reported in tlicit statement pres.-nttd ti
Is reflected  In these tables.  The actual vastc discharges
averages of the monthly values (through March 19/1.
     Many  of  the Industries pro-sent Ing statements to the Ccnferees  were
concerned  that  the effluent pcrunia figures quoted in the Fidcral  report
wevc not representative of waste production within their plants due to
the de^rndc-tl  quality of tile in tab. water.  It: is jiresuturd Ihol:  tlie  nclf-
reporttng  data  submitted toy vastc dischargers to the Texas
Board  Cake this factor into account and thai all vnlucG qu<
representative  of actual waste discharges.
A.   HOUSTON SKIP ClIMWEI.
     The Houston Ship Chaotic 1   receives 49B.2 KGI) of uaotci
144,000 pounds  per day of five-day B.O.I).; 266,|600 pounds |
suspended  solidlni  and 509,500  gvnwulls per day of C.O.D. fror
       200
      1II-3

a poundn per
blc and actual
in Table III-2
1971 Is the in
rapany.  The
' the Confcrcnci
reported arc
Water Quality
ted arc
 cant/lining
or day of
 ImUintrial
sources only.  The Texas Water Qunlity Eoaul htio fiince notcld  that  the
rcpoftcd aggregate F .O.D.  value-,  an of ttic nonUily report I'ar July  1971,
la about 103,000 pounds per  ,; ))9>,IOO po«iinul^ per 6ny of r.tif.pruiU'd flolllitfl and 643,900
pouncln por dny of C.0.FV.

-------
                                                                     TABLE  m-1


                                              STSMA3T 0? VASTS CISCEAKES - G;. -VESTOS BAY A3EA *
                                                        PETSO',£VX. CHEMICAL, ?IAST:C
                                                           AXD  R'-t.ia  irei'STaia                                 OTHEH ISMSTKIAL _.**
                                   __ _                                                                     _.
                           s,s.      3.0,3,       — —     -  5,5,     •- a,c.37~     c.o.a,                        s.s       8.0,0,     c.o.3.
                           1S03       iOOO     So,  of   Flow      lOOO         IMO        1539      So, ef  Flow       1COO       1000      1000
                          L>»/5av__ Lbs/?«T_ Saurcg __ yc3__,_ lbs/3ay      Lbs/Pay ___ Lb3/3ay    Sfmgs   MO      Lha/Di •    Lba_/3»y   Lbs/Say
                          ?'ers,^cfr ?«rri'.'A'cT7       ?eri'.' .
-------
             T™;n~ UATA
Keustpr. Shi? Channel

;
"Jft
tt^
*
Ctt
CltT
Cit-r
Zl^r
Ci.;~
•— —
C*1*r
<^=r
=!=""*
C-T^
Cltr
Civ^1
~-T

?;;*. City ef
;«r*. rV^^T"1
'*. « rax. S. ris«
ir e! ^M- Tit-i - teisl
d= llt^. Co. . Se-thiiae T.
ef narrstrt, rcrt^si^e
ef Hr-je:r=. Sir-; Tcrr-i
e5 n^r^^Ttr. A* -**^»T;- riara
cl Lc^^rttt:. C:.-ivt:'t rir.sr
cC ~ r^;— . Cicrrroc risec
3£ £.-=:»-. CZ=tt=. ?^Ti"
=£ Sr^t—.. Cclc Crcei :i=T-
rf "•Ksm. r.~2 ?17
cT r^?u5ivn. n.'S- -^3
cf Tj'-'stir. . C-jlf :rc.-'Jo---3
oT "-?umM, r^ulf ?'»t—- ^
if L-.TJIUS. Gull tcrr.-.ci
Ttt Si ^
IW9 c; :.53o
O.A??
lt«0 ?1 9.050
isjiJ e: o.:»
l^il? C* 0.473

1C31J 01 0.300
111:5 " 3J.OCO
1C*?J CI 4S.
13--33 C3
IC-iTj 37
IZ^Cj CC t
urs 13
?-'.?3 11
7i?3 13
irics 10
1C«? 3 10
1?«C 5 Zl C .
1WJ3 2: 3.
V w
"j2
35
7G
:-:
-3
3:
33
C3
E:
33
"AvsrT
S.«,
0.03J
t.r:
0.001
O.S41
1.1:3
0.175
47.3J5
i;.j44
0. 03
i. '.&
0. 27
0. It
0. 33
C.705
1.C73
0.i-'.3
0.133
s.::3

J3
J7
r:
,
117
51
ir?
40
::9:5
SSI
G

10
12
'•>
12
2C3
107
43
43
daw)
=n-«T-»^
111
1

5 T"

-------
              TABLE III-2-A

!S!NICI?A!. VASTES - p?K:iT 5ATA (Continued)
           Houston Shin Channel
                                  Solids
                                             Chlcrtne
144.500  127.433  33031   45237  23357   73123
                                                                                               rays
*«. 7^
.vn.
li I SI i! Sr^" i!
-HV ? -•-* M. •-•:;;? ?}J i'>75
lit" s *£** t?.. '."CtS ?*&•! i/;4';}
liV? i i'c i- ~a. '.-ttS ?«-! It4'j5
tit? ; "5— «. VCtS J-ii-3 iS-UJ
Sty- s tS-* -f'l '-t:s J>J !Ci7S
-^»— ^ - . — — r* *T^— *^»*T^. *(fc4"5
^it^ c "c*i-"tcn. "crest '». It4?5
)^i. Ti rl~.r~' -::: «_... -^1^
Out
F»ll
5
n
•\
44
45
47
45
4?
31
33
w*rf
03
E:
70
75
T T
, "-A
0.?;;
i!c?i)
A t * c
V f=*^
?'H'i
o'.S53
C.7tt
0.3C4
V t J V «*
1.253
C.I33
0.114
C.C23
0.3C3
3.3CO
".vr

6!lS7
7.555
*'':?:
?!:53
e.w?
O.J«f
0.534
3.13:
0.591
3. '.63
l'.7:3
0.114
O.OS4
0.172
P^W
1*7
3 =
4
31
44
4C3
S3
Cu
C-l
s.r..
30
30
t&7
^Jf"
.VVCT,
1,03
35
15
f] 1 9
ii?
5«
15?
573
114
134
110
155
50
37
12
iro
23
(lb/(!av)  Solids
Flov, BOO. Susp Solidr,
Flov, BOD, Sus? Solids
71ov, S3D. Suss Soliis
Tlov, Sus? So lido
Flov, S3S", Susp Solids
"lov, SC-b, Sunp Solids
Flov, SUST> Soliis
IOD, Sus? Sollda
-
Sy-
16
15
15
11
7
4
4
13
14
23
15
13
44
2
2
17
7
S
?
                                                                                                ro
                                                                                                O
                                                                                                U>

-------
                TAK.S III-Z-A

SOTICI?AL VASTES - PE-rtT DATA (Continued)
           TTou3ton SMT* Ci.ir.ncl
•cTnl:
f i * m >* "— ' 4 * '••*•* Fn * *^i ^ \
_L3L^.£4*, e^ v^-i'ic* V-'t **^? J
:^rft« e?.. «:? ST* i:*5l


r.iv tt -'"J*"i. t*il.T**« 15JV5
:;s^ *f Mt;*flii tist yi»:»ttt l.'Sv}
ili? sf i.>yt«vB « Teal
a.ty tt Cettsttn. tasitta Oaks 10J3C
r^Ksl C. T»ar.5 19333
-irr ct Sc^A E^stea IfilST
TaSrllia Vaier Co. 13136
-aci=a Cirr 1^93
-^rrli Co. *VS3 f* 1518*
•jrzis Cc. rr33 fTa 10137
r=r-^ ro. ^ #=L 13153
r.v-,x -^^enlrj Tieat 1CI35
Cut.
Tall
9i
o;
P:
5*
CJ
B?

01
01
Cl
01
d
91
01
•**
flev

Permit Aver.
9. IPS
9.390
5!j69
o!:49
1.6C9
3.1C3
1.000
0.058
1.124
0.14}
1.130
0.061
0.130
O.B39
l.SCC
0.010
0.130
9.131
9l4!9
o!l41
i.353
5.5SS
0.10)
0.013
1.714
0.179
1.014
0.032
0.058
0.634
1.C77
S03
*emit Avar.
18
49
430
53
117
W7
350
147
16
294
41
209
10
20
1*2
1S7
to
36
1J
364
66
38
107
637
26
0
747
23
28
6
20
17S
IK
Su«;> Solid*
!iem*iV""Vve>Y
IB
40
450
M A
S.,",.
53
147
6'.9
S.R.
16
2C4
41
209
10
20
142
167
1
2«
23
473
35
S5&
21
6
1273
37
37
4
26
333
133
Chlorine
-,_(,-."2U__ s/-
fer-iit Avur. Pnrofeterti in VJcljitlon aamcd
1.0
1.0
1.0
1.0
K.P..
H.R.
1.9
1.0

X.K.
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.5
1.0
1.1
21. Tlcv, Sues SoUia 143
1.4 - 1
1.0 - 2
2.6 rieu, BOB. Si'iv SolliU
2.3 Mov. SUIB f.-Xt-.1- 31

2.0 - 8
0.5 Chlorine Ruidiwl
1.8 IOD, Sum Solids 20
1.3
1.3
1.8
1.3 Suip mllds o
1.6 KiO, Snap Solids 6
l.« now 2C -

-------
TA5LE  1H-2/-A
*TO' 1^5U ^I^tten'ip''"'>
f.»t« ft*-
Ut? c 1 ?»««•» ri i99S3 t5
tit? «? *»*ii*S4 « Tstil
fe»i» ****»*& 1«« SI
ssj^i* b*«y ves *ss iscxi 01
&rri« 4e*siy tCS3 f3t t?u3 Cl
SS»rw*£ Wtt SU1. fat. 1M» ?X
ae. nru« -at« ^^ ios£* 01
rsrslsaci ^.7J. 10408 Cl
Sera£?i. S«3. Car?. 10610 01
Eirna Ce. ^S3 f*5 125*3 01
2srri» Co. CCI3 ?Tt 136rj 01
Earrli Cs. 5VS3 «S 1B65S 01
Cl=r cJ --=r^ Tillage 1C5ZO 01
H-C3)
tlb'/ri-v)
Sue* Solids
k'er?!!! Aver. Pemit Avor. 1'owilt .\VfT,
3.0(0
4.CJ5
13. MO
o.rw
0.330
0.400
0.500
1-JOO
C.100
0.330
0.050
0.052
0.730
0.103
O.OG6
1.104
1.4(3
4.HB
6.344
0.476
O.C5G
0.2SS
1.04B
O.C54
0.2*3
0.123
C.253
0.255
0.047
3.140
300
334
::«o
117
33
67
83
250
17
7
7
125
17
11
137
55?
1012
(.3
:s
2
44
45
31
13
12
137
5
15
334
Si63
117
32
«:
33
253
17
58
7
9
125
17
11
Ml
404
?s:
413
12SO
49
95
2
74
320
U
11
18
US
13
16
Chlorine
(•"••O By-
rer^::
1.0
1.0
1.3
1.9

1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
Aver. Pnrcncters In Violation ras:
1.4 - 2'
1.7
J:S : • I?

0.9 Chlortno Cenidiul • 1
1.05 flmt, 30D, Susp Solids <
1.6
1.7
1.8 Sun Selldi
1.7 30D
1.5 SUSP Solids 	 	 =
0.7 Flov, BOD, Susp Solids, Chlorine Residufl
1.2 Flov, BOD, Susp Solids
1.03 £03, SUSD Solids ro
0
1.8 - >J1
1.0 BOD, Susp Solids

-------
   TAS'-I irt-2-A

  TSS - ?CS::T VTA
Ilsussen SUtr Cwwsei

'fT~'
C\s?«
f=£>

, 7ai; rer-t; Aver. "«r^t^ A»or, ;

tli? *t ?*MiS JUt flit*
r^-is £s. xt^ f«
^«- fcffWeaiS SISi.
t^»ii c~. Tit? ?;;
— e£ "^ ^
*=* ft. ^ OS
"*i— !"iii i^p*. _^s*»
Cicis^ci F^2^c Zsc*
-rk=r r=?. 3i«.
-sy - =-!«= 3tek

Cilj- c£ Calc=3 ?=rk - Total
writ
t-jriT
icrja
1C70?
ierr»
17300
1330?
12812
10:1?
1C331


51
Cl
01
11
11
51
31
01
01
Cl
31
01
02


9.Q1S
6.559
9.7S9
O.JH
s.:co
C.73C
C.103
C.6CO
0.200
1.3JO
1.000
0.730
C.7CO
0.100

O.COO
3.C7i
O.MJ
C.1J5
C.34-;
C.104
S.M1
O.C40
0.313
C.240
0.1S9
0.113
0.354
0.349
0.045

0.304
2
S3
96
94
S3
117
17
100
33
23?
167
125
1* 7
17

13*
73
69
41
7*
5
:i
6
23
24
7
35
53

60
».VJ>y)_
^ar^t* Avep.
2
S)
74
23
117
17
1C3
33
25?
157
125
117
17

134
7
13
33
27
10
45
S
45
23
8
40
110
15

135
Chlorine
F'r-,it f-vr. Prranctcru in Violation pnnse-
1.0
1.3
1.0
i.e
1.0
1.0
1.3
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.3


1.0 riev, COD. Sutp Solid*
l.S
2.0 Kw, BOS
2.6 BPD, Suss Solids
0.3 Chlorine Rciliual
2.0
2.3
1.6
2.2 - .
1.8 Flov
l.G
1.6
1.8
1.9 Suip Solids ro
1.7 - 0
cr\
k

-------
              TABLE II1^2-A

!SX»CtTAI. «ASTES » fSS'.lt DATA (Continued)
           Houstpn Shi?

?m±t
Oat-
Flrv
(lb/c!av)
X3=e J-3. Pnll ?mit Aver. Permit .
H,m* .ver.
15
2
1
9
1
G
i
5
9
15
7
2
1
5
>1
Sun Solids
People Aver.
s:
30
50
209
67
67
4
47
34
1C
30
6
3
S.R.
S.R.
>1
U
-
1
12
1
12
1
10
28
A
15
3
7
1
2
>1
Chlorine
Rentduel Dft/9
Cnnn) By-
Tc r^it
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
S.R.
1.0
1.0
1.0
1.0
s.s.
S.H.
S.R.
Aver. rareneeem In Violation •ass ft
i.B
2.4
3.8
1.6
1.7
1.9
1.2
2.1
0
1.2
1.9
2.0
2.9 Flov, Sun Solids
1.2 - ro
o
0 Flov ^
4.1

-------
                                                                  TWLE II1-2-A

                                                    m:ici?AL WASTES - ?rvTT PATA (Continued)
                                                              Houston Shit*  Chenr.ei
                                                 Flov                 Dr<3         Ju3? Solids     "csicujil                                           Beys
                               ?«mit  Put-      (xrr)	        Clb/£;v>        Cl'j/ij^v)     	(png)                                             3y-
	r^.-*	!-o.     F^ll   Pgr-2.'   Avor,    r-^r^it  AVjivT  rer^iV .'.vcrV  rV^lr'  .*vgr.           Pnrayietcra in Violation      geflflc

=>-i-» irr>.                   ci^is   ci       c.:?i    O,:AO      >;       33     >i      &:   i.o     1,5    riov,  SOD,  suap Soiiia




 N,'., •« ft 
-------
         TABLE III-2-B

IKOtSTRZAL VASTS - PEWIT
     Houston Shi? Channel

Pemir
ICarts N'n .
Te=rs=» Cv-r\l=als , Inc. OOD03

;^.---^-\4 *.v--rec'^ !^".f3T WJ*J
-li^-*-'* fX-i-T^O; Cif, JPJ-5
r;^-a 5oi^<-^ ;<>;•-. s«;s
?;*•*?.£ ?Via-fo«'4 C!>??. - Tr!«l
su-,-: r~=wrt £•;-., VI^Q
^V^ilW tC-f. KJ*?
~.J. eyt^ tu. 1-0353
S.L-. ey?s^ te, ce;s;

^., _^L »--.— »%,•*•» f>*»l*l"
yt*PT?n **53 *-C r~*i3 w M J J 4
SI=e^ir r^rccic^eal.. lac. CC331
_..-_.., —^j-cii fc. M3?5
,V^l^r.til Slcl-.fiilS to. CI35I
:-:l=it:ts SLt^fieli Cs. C3I;:
"x^r-nTe rtc:-K^I: ct! Sc:i:
A-'-it c r.i-"-fi»ii co. ss'ij;
«li.itjr -icJ5i«tli: &. OU35Z
-Vr^=Tic rieaSI^d to. - Total

•Vt-
2i
L'l
t'3
(V.
35
5
5*
61
85
c:
.
01
91
rt*
c:
Cj
04
15
££.
13
3
riov
^P.-^"3^
l.OCO
?!'?'?
A"* 0**0
0 C«50
4. MO
it?.:);
0.15S
9. 531
O.SW
O.JS&
i.:ct
0.036
S.640
l.UO
6.1?:
i.::^
"xrti7
n ,*^«
::.?..
s.rcsi'

Aver.
0.640
73!5i;
K,C57
9.213
:.54»
i:*.43.i
0.147
Q.UM
o.:t:
0.0:4
0 *46
O.'JS'j
1.762
1.187
5.51?
3.6:5
0 .Ctl
1.370
n its
0.122
15.63:
KID

(lii/day) 	
834
*-\t
63''
175;*
103
C30
JJ457
:6
i
417
3A74
3351

1105
501
64J5
IE 39
N.st±/
2. .
s:?:
933SC/
:oo
"78
3274
" 63
:wt
9147
3
17
li:i
4
U2J
6
',031
697
6241
S133
6
779
19
746
23
17244
S^T.' Rel
	 OS/da;
?erni t
59M
6338
81732
J5328
ji,;
4003
K70O
40
0
417
:?97
3214

1553
516,.
S.7.—
321
K.sV
5. ,
S.R.-
S.?.
lOJli'

^r«.
334
I7:s
10G32
49
1596
40353
47
1
623
<1
6*S
26
402
947
4373
3661
22
ss:
716
744
12JIO
C03
(lb/d«
Teratt
1335
12:5:1
70350
16: 0
12010
2110*4
132
3
166S
8344
10"' 2
363
4437
;;>Rii/
S.R.
S.R.
K.R.
K.R.
Ti.K.
S.K.


iy)
Aver. VatfftfT* In Violation
937
&9i3 TlQVt COD
62333
27601 - '
146
14094 BOD. COD
109592
29 Kusr Solid*
27 rieu, !WD, Sutn Solids. COD
3529 BOD, Siinp Solid*. COD
IS
3544
70 Flou
2521
Z706 • Suso Solids
IOE61 BCD'
I3Z19 Flow. SOD, Sum Soli »
32 Fiov, Susn Solld6 ~..
5192 - o --1
207 Flov, HOD, Susr> Solids ^Q ^
3« - ,o
s;s5:

-------
                                                             TA3LE III-2-3

                                             ISBS.-ST3IK. VASTES - ?nt:?T DATA  (Continued)
                                                        :^>us;cn S".iii> Chancel

!lT-^
Sinclair C-3~*-er* Ciente*! Co,
E>eU C-^=ic.l C».
&sii c- c,.

?•• * ; >
?.-5 7 •>>
-' i T' so1
f-t •; CQ
*'. ^ £ c?
5-4 e u.
S:*ll fii to. - *«!
T«MW. iit.
t«*iw. lii.
Tssitfr. Jsi.
t«±K-. tiS.
T«=«. fce. - Total
d?ck ?alat. £ t^r^ls^: Ce.
?«r..-^t C«=iciL Cor?.
m-5 s Siu cc.
!s::rt & r^ij Ce.


«»3 01
CMC; si
00403 Ci
^^-03 33
36,\OJ ?A
S^M C6
c?-1.?; c?
CSAJ: i'»
C:A?I i:
c:A03 -3
3
WA:J oi
t;.\i3 oj
W.13 03
5J413 04
*
COtlT 01
C0143 01
KA3S 01
cciss o;
Fliv
C'ci?)
-»y»Tri--
0,530
C,i50
i.440
« * i.\
T , 1^ •
6.5T6
0.540
O.W6
A, "SI, .
?J,*."
1. 664
9.63^
O.OM
o.rcs
0.003
0.03S
O.C5S
O.OSO
o.roo
1.T33
O.C72


Aver .
0,7?3
5,055
0,07?
0 'f11
V , »\1 K
C.Ail
e.06:
o.»o
4, ATI
0.6?1
O.S63
T.M7
0.1?0
0.033
O.S14
0.010
O.MJ
0.241
0.100
2.400
0.135
.rD

^'C'T-^'T >'
459
5087
U3
"4

3
44
1185,,
N.™.—
1111
SM?2/
7
3
3
10
23
s.a.i/
S3
1»*1
43

.VCT ,"
1573
3BC8
j4

35
I
i:
1084
139
324
ins
1
<1
1
A
A
4
6?
20
7GDt
19i
SUSK Sc
	 »*_•*'"
413
I5?s:
3on

;AO
10
44
19S2,.
N.r,.—
1666
«532/
13
3
3
20
43
4
5C
5763
2A
lid,. ^cno
' AverT
544
10361
77
14
V**
90
4
18
1130
119
377
1D49
3
1
9
4
19
31
12
8273
33
VJ.P/QO
T*crt^it
1376
33J7A
430

19;
17
166
11990.,
S.R.-
6663
»'«"
40
16
16
60
132
N.7..i'
250
loss?
120
ft
Aver.
5115
298:8
131
148
133
11
100
4417
720
1192
6S32
12
1
13
S
?:
136
53
26293
339
Pnmnctcra In Violation
Flow, EOD, Sesp Solids CQD
-
*
Flov( t^D, COD

Flov
-
-
-
-

_
-.
Flov( Susp Solids
-

rio-J, StlI7 Solids
-
Flew, BOD. Susn Solids, C02
rlov, 303, SUET> Solids, CDD
Co. - Total

-------
               TABLE III-2-B

1KBUSTR1AL VAS7ES - PnCSt DATA (Continued)
                   Snip Chcanel
v-~*»
z. r. =^
Eirria I^anty SVES (63
rariei= C,,
I^vyi Cor?,
Arrsf Si«l CPJ?.
A*-« Steei C»r?.
Ar-e* *t««V Cet*.
*«• SMei <*-' - ^
b«*«, Tt« 1 aUtt Co.
~.S. tail*!'- C^rlesl Co.
-•*• ^^-e-^co.-r.
Car-^r attoasieul Ml Co.
Pcrnit
"o.
C347A
33*77
C9«5
C043:
OM5J
0350?
0355?
W58-?
cos;?
M53?

OC320
03334
!Ul
M531
Qut-
r.-vil
01
01
=1
91
01
9}
3
o;
05
03
0?
U
s
o;
01
oz
:
01
Flov
Perrv.r
s.acc
0.170
0.2J5
3,659
A. 750
3.93
16.430
0.720
4. El?
35.0-0
0.7:3
l!o59
44.525
2.530
0.970
-3.430
1.333
2.103
SOD
(Ib/ci.iv)
Aver.
5.400
0,130
3,3:0
3,510
4,519
3.133
16.120
0.730
1.93U
33.533
9.603
40.243
2.310
0.370
C.1W
1.1:0
1.233
Ferric
3336
:?
94
67?:l/
675:-'
60
1001
430
0226
1251
13
143
131
•J31
Aver.
3Q33
:o
11
5135
js:
37:
5830
22
37
17S3
i-2
236:
113
4S40
416
84
81
165
nca
SUIT- Solids
(la/d.rv)
?crr.lc
333S
:a
1*1
U351/
1335^'
360
4003
10210
60t>
2160
901
18243
136*
525
213
743
1331
Avci .
K2!
64
6
1*55
3723
7137
333
7363
579
is?:
10738
661
219
115
334
513
COD
Pcrait
13344
279
563
&
N'ls.i'
300
9007
437S5
wo:
067*
430
64C13
3123
751
717
146S
7206
Aver. Pararjcters in Violacicii
7774 30D
103 Su-ip Solids
27
776S Susri Solids
3822
6479 Flow
13919
156 new
254
2424
360
7731 BOD
C52 FLM.', Su«? Solids. COD
33S67
5792 Flov, COD
383 Tlov
209
592 - !«
"~^ t
|— 1 (
1
3323 mn

-------
TABLE III-2-B
Houston Shir a-.nr.nel
Mm ::o.
Smuffir Ci — ' -n'. Co. IOI41
Sjnuffer Chc-dcel Co. - Total
C*l3",s=e ?la':ief Co. 00244
.'Xilsr.i O,e-iesl Co. 5J34?
Crcvi Ce-itrsl r«t?l«g"> Cor?. C3574
I»vn. Ctsttal retwlslin Cur?. - Total
i<«e Star Select Crr?. C3SSO
Lrne "tsr Ctr.iRi Corr. 735SO
i«* 5t« C«nt Ccrr. - 7,^
rctm 7c-c ^c=i:=l Ccir- MJ37
T=::TT Ten CiEr-Cczl Orrr. 0:5S7
Tctr? Tir Clerical Corp. - Total
Out-
Till
01
o:
2
Cl
3i
o:
"
Cl
*>
01
o:
C3
3
rlov E03
Tor-it
1.130
O.UAJ
1.173
1.000
0.4:3
1.3:0
4.003
O.IK4
4.CU
0.0033
0.133
0.151
1.030
O.Z5S
C.SC3
S.150
Aver,
0.6C-0
0.031
0,69:
1.3CO
0.338
0.5SO
l.'jOO
0.475
2.07S
O.C014
O.C'.O
0.041
a. 332
4.410
ff.X-5
5.120
Petr.it
1S3
176
16T
33
57C
4170
3071
13
13
2C9
5213
263
36B5
Aver.
48
1
40
216
IB
263
~337
3324

-------
         TASI.S
.IAL VASTES - ?r?:!IT 2ATA.  {Continued)
     "cvstcr. Shlyi Cianr.al
Terr-it 0-.it-
S^.T? Ch=-i:ii Cs. 03513 51
?-r;?=i=i= 1 Attics Viv- C3535 01
iv!»Ti»i SW. CBU9 H
V.I. ?iy^=; - CM-isn T»t*r ?9i»0 51
;;^Va-.hi«»« Se-.tMl Cerr. KM5 Cl
^i-,3-^s;.;;i«s f-vs-Uai Cer>. "Wi" C5
fii*Xpiii.it*6n ftwttit C«T-, t?'^5 5?
ftlils e^ S*^^, fe. M«9 Cl
^»\i fa. CC4C3 01
A.~. S^;!i Cat?, ft TBM» K47I 01
Fene-i S Eertrr. :ae. i:633 11
&rti= t Sirt— .. t=t. 57332 Cl
•r^lUI?. rEtrul= &. C0075 01
.^^Ci-al^. OOT.1 Cl
•Ti5-ie=i c.Tr:>c^-- ?r3c. Co. cor;o 31
Fir.-
Ternit
0,725
1.050
44,000
,B
O.C40
3.5:0
0.850
0.005
c.oo:
0.100
0.0:0


0.144

Aver
<-b,
Perr.i;
0,133 153
1.073 3V,
0.
39.
1C.
o!
1C.
0.
0.
0.
0.
1.
/>
V*
0.


533 as*
CSS 183-',3
500 651
UtO 153
??o no*
733 «1
1U3 HJS
»iO 7
839 242
330 335
163 S.-J-/
ICO 1
169 :
053 2


0.031 110
I) Sus- Solids
•^.iv) (Ib/dev)
.*.vcr, Terr-it
79 4?,:
196* 334
:«6fO 36696
s'-r,.^-' 300:
x.r.. ii7
;;.-. 55:1
V " 34
9455
9 3
091 339
89 425
s.r..i'
S.R.4/ 1
3 3
1 G
3 <1
10 120
Aver.
11
16S1
47600
6305
0122
32
B'.i
15837
9
055
131
40
153
15
6
«1
9
cou
(ll>/da»>
Ferric
5E'.
2103
3336
146704
6603
1961
C282
3i
244
17129
67
567
1418
S.X.i'
S.?..i7
13
11
«I
iSO
Aver.
Z31
831
6S70
101500
J.R.
s.r,.
27
1734
710
S.R.i7
H.R.I'
1G
3
13
25
Pareseters in Violation
rio«
SOD.
SUSP
Tlcw
SUSP
riov
Flow
Flov

Flov
Flov
Flov
Flov

-
S
-------
       HCYSTT.IA!.
                  '?AS7tS - ?E?:™T ?ATA (Continued)
                  custon Shi? Channel

r~^e
,„.. 	 ,.;,„.. r, ,,e
?ir'-iT :*-3Vi5Ts Co., Inc.
-* ^'^i- C«.
V'-i« Cc- £-*" *@ t *_l5"(^ Cf^cwt
1 pi ^ ^yArJye «J **£ f *^C t

?•**•:•* r«i«.««-i.e*i Cf.
v— 12 i'-^* S.
--•-* -*1 &' '^t&1

r:«ii- .\--llsiicas. tae.
?er-.it Pu-^
?"o. Till
01^7 3-
:?53S 01
?;:;? 5;
c:;:: ci
s:r;.i c;
31554 5V
SV.4} Cl
C15i& 33
t'lcio :s
3

C--.3 -
Flos'
re—;:
" 00'
0,5=0,
P.?:J:
O.ISO
O.C31
0.111
0.150
0.104
c.oi:

0.115
0.0:3

/ver.
P.C31
0.0?1
9,011
o,=:o
0.031
O.C67
o.iro
0.104
o.c?:
0.2C7
0.457
0.071
0.971
Q 110

2CC
?arr?it Aver.
S.i,1-' -:.r..A/

•1 i
31 3
13
13
53 V
It3i'
G7

liiijs
'PV)
Avfr.

-------
Houston Shi? Channel
remit
Tcri "r .
.'-.chor £r=:-.i-^ Cltus Ccr,-. 01Z72
Ynisn Carbide Chenical Co. 0X^73
-a-^m r«tite Co. CllSi)
•,-,V«T* vet?u o. :u:i
J>i;tV:;c "i^cala, Tne. 5ilf»
yhj-whi-s :>--4c;jLis, Inc. OUfi
j^.., &«-.i«i». :,*. - T«SI
?rU* !?*ts%r* C"*?. C9». Sill?
« r^UtS ?iL-t
r» :^t»to - ftt-i
T,^, ^t^ffit,. :«. 01^5
ST-^tirc*; a-r^ital 4 riestles 0121?
=r=r--i "-r^~ Cer=. C1ZS3
£c~i:-r= r?ttrevcrieBl Cor?. C131C
ffut-
01
01
Cl
*•«
03
;
fl
01
2
01
01
51
01
{Sb} (15/iav)
rcrr-.i;
0.144
0.011
C.J1,}
0,350
0.0:5
0.4}}
O.S54
C.C1B
o.ic:
0.14?
0.640
0.104
0.030
0.043
0.030
Aver,
0.173
0.13V
0.033
1.6T5
o.r.o
0.«9
O.WJ
C.l'3B
0.157
0.3S7
0.420
O.C05
0.120
O.OC-7
0.140
?(*rr.lT
5
*
3
*40
195
1
G
13
107
<1
43
£
25
Avci,
55
10
2
4
10
1
11
:
SIS
::7
37
1
•5
11
17
Susp Solid.1)
(Ib/dav)
Pcmic
5
60
:
5
* 8
213
•I
3
13
107
1
135
4
Aver .
47
34
!
1034
87
t
91
3
13
5
18
60
1
18
14
37
CPU
(IWdmO
"err.it
47
120
IS
25
1501
3JG
1897
7
20
33
53
1074
2
450
IS
100
Aver.
235
82
6
14
39'
5
46
8
9
370
379
151
2
17
143
29
Parameters in Violncien
Flou, SCO. SUSP Solids, COD
BOD, Sus; Solids
Flov. 303, Susp Solids
-

riov, £03, Susp Solids, COD
Flov, Susp Solids
Flcv, BOB, COO
-
-
riov, BOS, Susp Solids, CCS
-
riov, BID, Sus? Solids, CC2
ro ,
Flou, SUSP Solids i--1 t

-------
                                                                        TAILE III-I-C
                                                              Calve* MR Bay e,ic; All Pt'.icr Arras
                                                                                                              Chlorine
                                                                          5??             Su«.p Solids         P-egi^uAl                                        2c
                                                                      nF^VJ^^.'.VeVT^   ?'cjFV/t" ~ '  '.WfVT	Permit    Aver*	Parameters in Violation      "ar
                                                                        ".-V     i«,"~7.s.i/     iss      s.r..y    1.1
                                iji-1.?    si      ;.;??     p,R.\»      147        5?      !(•:        K      i.o       1.1
                                1W    «      i.050     e.i!3      167         C      l*J        13      1.0       1.1
                                \ym    K      0,555     e,:'j3       *:         :       4;         j      0.5       1.7
                   t.>s«* A«t;',   iys5*    s;      :.is;     1.55?      ;?i        «      }?:•       i«;      :.o       1,7
                                irtJl    Cl      C.'jSS     P.')'.5     Itj          1      105         1      1.0       1.4
                  t tse.        IW7A    CV      C.CA5     0.731        3        11        S        37      O.S       0.9     Flov, LOO. Sus? Solids
                                IWS'j    tl      C.750     0.7A5      115        30      1J?       133      1.0 ,.    0.2     SUSP Solids, Chlorine a
                                IM;-I    ::      s.c:-3     c.??3        7        is        7        76      ::.?..•=•'    1.3     riov. BOD. SUSP solids
  r?r: :-r* - T~-_»I                       :      C.EK     0.313      132        ?s      13;       :n
                                1717!    01      o.C70     c.:ai       it        rr       12        v>      i.o       i.s     riov.  MD, SUSP  sciidi
—ry c; rr;p-I---T3--             1I17J    G:      0.73C     C.:35      123        23      123        23      1.0       1.7
  CIV ef rri7-irvrt4 - "otcl             2      C.G20     O.A37      137        3i      137        34
                                175S3    01      C.2SO     A.?I7       60      UC4       00      43B5      1.0       1.2      riov,  BOD,  Sasp  Solids
                                13*53    C2      C.:57     C.?«5       «fl       420       63       343      1.0       1.C3     Flo---.  LC3,  Sus?  Solids
                                17'ii    ^3      C.C55     O.C-32        3         i        S         9      0.3       1.7      Susp Solids
                                          3      n.770     3.533      123      1C33      12S      51AO

-------
     VASTtS •.  PETTTIT DATA (Continued)
C-ilvesEoq 2jy  =ind  All Other Area?
*T«tt


***•*_.(««• ft IU..M . ^ tf*f*^n
^^aY^U^r- n ' K*J •• i^V^y
ftsi»4*tn CSc '"13 t 1C174
r*i*«m fe. «ts «« cev« i:SJ4
•i^i. ».. dwceCa :.S. \Vi$
Si~l* Or. :-t2 ^JJ. =1 X«« «K3
=^ls to. --—3 ?-S ISI',6
ttit tr s:t-«< IKS?
-troiit r^. 1-5?;
"t? el la r^t^r- ItilO
lar:r-. rttl. To. 1C576
S.^: "^r..- - B» *-. p
Cut-
01
ct
01
71
C3
Cl
Cl
Cl
Cl
Cl
riev 53?
(!K3) (Ib/iBv)
olhi
l.JfO
C.9AO
S.1S5
O.JM
9.JOO
o.uo
C.3IO
0.07B
1.530
0.070
0.070
1.510
3.130
1.650
0.993
O.C13
P. 134
0.«9
C.CK
0.271
o.oso
o.«:
O.C31
1.S53
0.05?
O.OA4
C.763
0.399
1.162
!03
203
71
7
25
33
S3
25
50
i:
317
12
o
25C
23
273
137
53
17
222
1
IS
6
22
*l
Z02
7
20
22Z
24:
Suan Solids
:oo
83
283
7
»
S3
S3
25
50
1Z
355
12
12
2501/
250
194
19
243
22
10
2(2
3
20
10
19
<1
333
17
4
84
262
346
Chlorine
(T.PTO
as*
1.0
x.n.i'
1.0
1.0
1.0
1.0
C.5
1.0
1.0
0.5
1.0
1.0
T
1
3
0
2
1
2
1
0
4
1
1
1
By-
.7-3
.« DCD 0
.i
.8 Flov. BOD, Suon Solidi
.0 Flov, BOO, SUITI Solids
.5
.2
.8
.9
.5
.4
.7
.7 rie», BOD





23

56
ro
r*
r*
i
N
c

-------
7A3LS III-2-C



v*-«-


*i» *?ti«ie .*ir. stss.
tliY et IwiwtX.
r.-eli 511 tc-.
tiff -!" Sistes Acre*
tit*- ;t 7»3L=-- City 7/ltr-i n.
Ui? c£ 7e=* Ciii ?llai f:
City c5 7?w Clt? - Total
=«« =„.. ^ ttr^ctt^s
"irr^L

Ctzricr^ CP. *"3 ?1

"O-"1^" Co-fc v **^
•^L-jg^,, EC. VK3 fl


??rr-,U Ou?«
So. ?»11
5??:6 Oi

it:?: ei
1:471 K
it:;i ci
1I7I5 Cl
1E3T5 PI
1:375 C2
1
10957 Cl
ITSIS (T

1C4C3 01

icsar 01
15357 Cl
t
merv
'**"*i^


1.SJ5
o.i:r
s.ses
Q.C71
C.I34
5.CC?
1.6C3
S.6CO
0.072
_ ^l/

0.033

C.5CO
0.3C3
'" c;vv.


.*.v>™

o.?:?
p.e?5
e.s::
9.051
0.223
3.:;;
S.J45
4.3C4
O.C49
0.223

3.063

0.277
0.325

S-?
(lb/Js»')
?«ii='-.t Aver.
sis :o
» '• ^ * *t
*-? > *j
ss :c
:i 3
417 17
«1 1
3? 40
S54 6C3
«D3 371
1234 £24
12 21
*.?..-' 5

6 16

33 13
33 2
her Areas

Jvsi Solid*
(Ib/d
VTMI
::!
'33
:;o
:i
417
<1
39
834
4C3
1234
12
::.i -'

s

S3
30
a»v,-'-=_—
A'.'CT,
72
/ »
"1
s:
6
3?
10
39
556
635
1541
33
22

43

SO
1

C.lioF
("•>r
Tcrri:
1.0
K.R.*
1.0
1.0
1.0
1.0
1.0
1.0

1.3
S2-1/
„
X.H.—

s.o
5.3

ir.e
} «y~
Aver. ?i>rncieterii in Violotien raTiir
2.2
Or) w
> J
0.4
1.9
1.5
3.3 EOS, Susp Solids
2.2 BOD
1.4 - 22
1.2 - 13
35
1.2 BOD, Snip Solids 4
1.7 - 24
ro
1.1 Flov, 303, Suso Solids I-1
X
s.s - ;
t-
2,4 Chlorine Residual ^

-------
               TAT15 IJI-2-C
yCXICITAL VASTCS - ?CT,"IT WTA  (Continued)
     P^lves*pn Ttey and AA1 Cther ArPr.s
Chlorine
flow 303 Swap Solids Residual
?CT^it !Sut- CT?) (li/dlvO (U'/Cnv) (noiO
T;*.*S N*>, ^-i, rer"^r -*.v(»r. PPT^H Ave?. J'pr-iE Aver, Per'si; Aver. Perfl"5ctcra in llolaeion
;i*_o ?? To-^?i; ;oui* e\ ?.:i; 5.1:5 35 os JJ 17& s:.r.. 5.0 ricv, BOD. sun? Soiii*
s-i«—?^.j ;:-.». vstt. 3t«. i?5i5 ;: :.;rs o.:t? 3;^ *: 334 34 i.o 2.7
'A.51..» e^M^i fel K5T5 ei 5.:r? 0.105 if.r-.i' s ;f.r,.^ «9 s.n.i' o.o
^^^•y u;-i 4 -f«f fr. ji?t* ;; o.«i ?.o:i: -.t? t3?<* ;<•. c???? si J.82: e.oi? S.R.-' 33 N.r,.i' 3 s.-i.i' 6.0
Cay
1
1



                                                                                                   ro

-------
                                                                  TAT.LE in-2-D
                                                                    1MSTB - PH^rtT DATA
                                                        Galvcston Bay £na A^J. ^chcr Arena
PcrniC Cnt-
~?-?. la, F=ll
.'--z* CM=.-ir-,l Csr^. 31333 SI
-V-?C3 ---^cil Ccr^. 0?451 51
.«,« &^:«i Corn. MM? 01
.^Ti^ c-u co. ee.i4j e;
AW^«,». To?si* S S.WM re W*! Ct
(T>«-.,^n C-^1«S 61119 C:
f-v1 >--. 7iiH c;
;4«isl Sijw ie'. t^t- ti
***** **«* ce- - *^ :
ft^a^eitte. C0593 01
:i-.er?l Ptl r.efl=lti". CI377 Cl
recssasa C-.eiietl Ce. C^5S1 Cl
~a-=--.- C-K^leal Cr. r3S7j C2
	 r.:r C;^-:czl C?. Kj71 S3
^JT .S.T^ .3 *.^^,. -_.-.C-i. — C » V .» ' J ku
Flw
PCTTllt
1,400
0,373
3.096
1J.C50
o.oo:
0.144
8.339
e.ew
11.090
i:.o5s
1.350
9. ISO
J.53B
23.239
15.0??
C-I.7CO
r
!)
Aver .
0,233
0,255
0.7P7
i4.6Ji
0.004
9.071
0.3??
0.057
10 .ITS
10.::?
i.ao
C.129
4.32B
53.33-
13. :c:
0.6,5
Clb/
fcrr.ii
234
15*
1!S1
J64J
S.S.^/
24
i;a
J59
SOU
450
M
726
".R.
S.5.
>D Suap
'ix~) ()!•/
"Aver. ?efaU'
S 467
46 J16
195 17J1
13327 3696
«1 N.R.i'
14 24
334 1J8
1926 0207
IKE £207
612 450
117 35
317 S.n.i'
23314 ::.R.
230 K.-l.
765 S.3.
129 JI R
Sofiijs
da»)
*Av'er.
AS
103
J9J
4215
1
13
78
17
7341
393
JS
ISM
3397
2C-4A
13C-73
2C-3
COD
Clb/d
Permit
Z335
617
5004
V.-R.i'
K.R.i'
S6
634
K.R.^

3096
230
s.a.y
s.a.
s.s.
s.?..

Aver. P£rnrctcr» In Violation
74
238
644
22023 Flov, BOD, SuSp. Solloi
3 Flow
84
833 Flow, BOD, COD
7 JOB, Fltw. Suap Solids
4838 £OD
4893
2364 HOD, Susp Solids
246 BOD
3786 Flow*^
45084 Tlcv- ,_,
910 - -V «
6?23 - ro 7
513 ° S
^rsrr-.ro lirric^l o». - TotaZ            6      1C".730   1C1.P33            14151               21SSI              48433

-------
TAS1* III-2-D

?cr-.i- Our-
?« .*„!«, ?B=. *=,. K:S7 Cl


-,13-v I-.ri £1 Cric-le? "Tii? Cl
-, 3-- :--rs ra r,^f.":-t ":-i.--j o;
-. 5- ivr-i .:; C ;-;es W-S BJ
; ?.i ?-.;j :'» C-i-Uf ';•:*••.,; J-'.
- 5. ;1?i ^ C-,«;,.j QXA.1 ?5
-• -> ;.-; ;c ;::i--U» ravj ii
MSI t'tiits ttm-^icst - Tftal 7
Vii r-T~T -I^. vl~^5 C-J
Vih C-^r.; C=rr. - Tc^l :
G-iir m o» ciccc 01
i:l=eri^ i ?ir-o. tK. S1333 31
Tyn..^TpT ^T ,,1^*7.^ ^ py^tyr,^. ^%^T>
Galvcrtor. T*y ar.d /vll Olher
Flcv S7D
(>ST>) (lb/dav
i'cr^li Aver. Pcr-=,i- Aver.
C,4?0 0.461 67 J5C.
0,5^0 B,;i3 7 73
0,Q',3 D.ICD N.^.A' }4
:,*4? LOS? :?o 30:
N.",.^ J5/.37 S,!\,l' 47233
:.r.. t>.y;« ;;.;:. 5
:'.?.! o'.S^i s'.f,'. 15:1
1* ,-*53 •*C203
oii-K1 o'.3-l3 S.?..- AD
c.iiD s.si:- w
l.S'-.O 1.145 173 115
e!:^ e.rto ;? i?
(Cowt*nued)
Areas

Susp Solids
(ib/d^-)

67
3
S'.l.i'
60
s.r..i7
i

.. . i/
v'-'i/

174
1
111
Aver.
3
237
3764
273
330
13
19
7
75?
52M
171
S3
176
157
40

COD
!"«mi5 Aver.
1334 729
23 2?7
S.R.i' 40
llOO 1529
X.R.i' 590B2
K.R. 87
::.n. 670
::.n. 33
K.R. 56
:;.?,. 5:
::.n. 3232
103:12
r:.,,y 75
r.R.i' 80
155
1735 634
3 113
317 33

Pr.rji=e«rs in Violation
Flou, SnD , Su$?> Solids
SOD, COD
Flov
SOD, Susp Solids, COD

Flov
Flov

rlov, Susp Solids
Flov, B03, SUET. Solids, COD
ro
ro

                     129
                                       307

-------
                                                         TA3L2 IIT-2.3




                                          i:35STSi,u, VASTS - rnsr-ZT PATA (Conttr.uei)

                                                C-Tivrsten Hay ami AJL1 Ctt"-cr /?PRB
                                           «..•-.--      ""      ' an?*"*^:     Sifisr'snijRii           COD

                     P=r-ric  Out,    	'I'SL^-,-     	  (l!./^.v)_       _v»'g,	?er^i"t"   AvryT    "TegWft''' Xvc'r.    Teratt    Aver.	Pnranetera In VielaElon
    in?              ?;?5i   Ci       S.r.V      3.5?0   K.H.^      3:3    I.'.,*,.*-'      5S7     JI.H.i'     131'.

    ;•>;              C1,'J4   K         J.s::8      A.443   J551        375    525*        318    1:012       1011



    in'.,-..,. T*-,r,i            :         j.u;;^   3.333   isoi^'      703    j:?^'      sss    i50i2=>/     24?:
!>; ?
-------
                                                                   22?
                                                                  111-26
     The  largest  waste dischargers to the Houston Ship (Channel nru
listed  in Table  1II-3.   These 12 sources discharge n
containing  94,198 pounds per day of five-day B.O.D.;
day of  suspended solids  and 380,170 pounds per day of
of the  two  municipal  sources.  These figures compare
penult  totals of 466.5 MCD; 155,199 pounds per day of
pounds  per  day of suspended solids; and 729,354 pound
These sources account for 72.5 percent of (he actual
charged; 65.5 percent of the B.O.D.; 81.5 poi-ccnt of
and 75  percent, of the C.O.I).
     There  ate 112 sources of domestic waste permltlc
Houston Ship Channel  amount ioig to 157 HGD.  Of this t
33 percent, arc in violation of B.O.D. pernit rcquircm
42 percent, arc  in violation of suspended colitis perm
seven so Dices, or 6 percent, do not provide effective
required.  Municipal  wastes account for 31.5 percent <
flov to Che Channel;  34.5 percent of the actual B.O.D
percent of  the suspended solids loud.
     The City of  Hour. l on Korlbsldc and Sims Bayou imm
                                                        to discharge  to  the
                                                        al, 37 sources or
                                                        ts; 47 sources,  or
                                                         requirements; and
                                                        isinfcction as
                                                         the actual vastc
                                                        load; and 29.8


                                                        Ipal wnntc treat-
                                                        non-compliance with
                                                        90 pounds per day
of B.O.D.  (2ft percrol trieaHer  than ptT)i(llcd);  and 01,452 poundu per day
of BuBppn'Ifrf ««>1 l»f»  (258 jw-rcfnl gi-f.il cr  tlntn  prrmitted) .  Furthermore.
neither of those effluents., accaantln^ for 55.5 percent of the domentlc
wn.ntc flow, WIDIT r^ceivlnv;, icfffcilvt- dlnlnfcct Jon thrniij;li July 1971.
Although a form of chlorBin,iiH«™ vn* inlla\\i'A  01 tile HorUifll^e Plnnt
     HI June !l>71» ilir fty*iir.ni fcflfj not  l»«-pi'i «pc>rnt itifi for inucli of the  tllnw
mcnt plants d{r. charge ff fluent which  Is  in
permit rcqul ircmc-nts.  7liesc  lw>  plants  ncfnunt for 39
                                                        Lai of 360.7 MGR
                                                        7,223 pounds per
                                                        .O.D., exclusive
                                                        cli respective
                                                        .O.D.; 290,908
                                                        per day at C.0.11.
                                                        file flow dis-
                                                        e suspended solids;

-------
                    TABLE III-3
LARGEST HASTE DISCHARGERS - HOUSTON SHIP CHANNEL
FLOW
Scarce
Industrial Sources
"thy! JerppratiPT,
3t?-,or.a svwoek CprporaUen
Shell CJwsisal Ccsspar.y
Shell 041 Cra?easr
r^fen er«£ Iteea Cor?oreeion
A?^ce Siesl C»r?orasien
".S. Flyv«e£ -Chan? ten Taper
tl-.s-.blfc Oil and Rcltnia? Co.
Oils Cerporatiea
SccrhiaaJ Paper Co=?any
5-lr.s 3ayou (City of Eouscon)
Scrthsids (Ottr oJ Eoastoa)
Totals Oto^icipal Only)
Perr;.
16.4
149.3
6.1
9.9
1.8
A4.9
44.0
2S.O
16.1
50.0
45. 0
55.0
466.5
103.0
Act.
16.1
114.4
6.0
s.o
2.S
35.7
33.6
19.3
1S.1
11.6
39.3
47.3
350.7
37. 2
BOO
Pern.
fl.R.
35436
5100
2537
1490
7263
13348
10425
1937
41700
229-j.
155199
3094:
Act.
5839
9147
3900
1712
7700
4847
14300
4016
S.R.
3141
14334
25262
9419S
39596
S.S.
Pern.
N.R.
127643
15300
4301
5790
18248
36696
14595
9455
41700
S006
9174
290908
171SO
Act.
7157
46538
10400
1846
8300
10738
47600
4307
15936
2349
32153
29299
217223
61452
COD
Perm.
N.R.
211043
50900
19480
10900
64618
146784
41700
17129
166800
Cl2Res .
Cl2Res.
729354
-
Act.
18019
109589
29800
6849
26600
33867
101500
13025
N.R.
35921
-0-
-0-
3S0170
ro
i-TO
     l values represant treated effluent as delinent; '.
re the Conferees.
                                U.S. Plywood-Champion Paper Company statement

-------
                                                                    22 i
                                                                   III '28
 due Co maintenance problems.  The Houston Ship Channel  is  the  major
 source of bacteriological pollution contaminating  shellfish  harvccti
 areas  in Calveston Bay.  Improperly disinfected domestic sewage cffl
jento
 from the  Houston Norinside and Sims Bayou plants arc  the  principal sources
 of  excessive bacteriological contamination in  the Houston Ship Channel.
 Neither of the plants is obtaining the waste removal  efficiencies  fcjr
 which they are designed.
      An accurate inventory of industrial waste discharges  to  the  Hoi
                                                                      SL011
sewerage system is not Available at this time.  Mercury  is also  disahnrf,cd
by both  the Sims Bayou and Korlhsidc plants, totalling 1.4 pounds  p :
However,  the concentration of mercury In both effluents  is  Icsc  ilia
                                                                     I  tliu
recommended' guideline of 5 parts per billion.  The data \K--vc determined
Cram composite samples collected by EPA in Hatch 1971.
     Measurements mc4c fcy EPA. in I'.ay 1971 indicate that fiuffalo Baylou  is
covei-cd with sludge from the effluent of tlic Ilortlisidr plnnt,  for  7000
feet downstream of the outfall.  The depth of thio sludge blanUct  van
conservatively estimated! sit. six inches.  Kliis sludge accounts  for  Ap-
proximately  13 percent of tin? total volirar of oaterllal dredged in  |:hc
Bayou during May and June 1971,
     There  nre 117 sources, of industrial vaplc to the Illcuinton  Ship Channel,
amounting to 341.2 MOD.   Of this total, Vt sourccn, or 29 percent, arc In
violation of B.0.0. rccjutrcmcnls; A3 sources, or 36.7 percent, arc in
vlolattnn of niiBprmtrcl nolftf.t rcfinllrciiuc-nKs; anil 73 dourcro, or 19.7 per-
cent., arc In vlotnrlori of C'.O.U. rebuiltrf.itifntu.  Of the1 major Induntrlnl
Bout'crn llfiti'il  (T.ililc TJI-J), Iwo, Rrjuui tmA U^ss and I;IIP OHn  Cor|iornt (on,
nre prencntly  In  vlol.irtoin tvf (>fif««Hs ov» a pouro'* per dny ban in.

-------
     The  ton industries listed in  Tabli- III-3 account for 58
the actual B.O.D. discharged; 83 percent of tin;  suspended so
percent of the B.O.D.  from all industrial sources  to the !Iou
Channel ,
     The  summary of  act.ual discharges from the self -rcporlin
ing to  144,000 pounds  per day of B.O.O. presently  being disc
Houston Ship Channel,  represents a substantial dcrrcn.ic from
of 303,000 pounds per  day made froin examination  of receiving
In 1969.   This reflects cons i derail I- progress in overall. \.w
abatement «s regulated by tlic Texas Hater Quality  Hoard.
     To meet the nnfipEnvn c'isaolvcii oxygen critcrinn of 1.5 in
liter  (ni['/t) as cs t.itilisln d in orfici.il  Slate- 1'cil oral water
stnndArd'r. for the- llf.wj -ion Ship
                                         ,  il is gt'in-rn] ly ngrc.
rcsccircliti-s, From con5i.icl?r.ition of  pertinent data  .'iml dcvcl.i
applicable ma
                          tirePnt  of
                                                                  .dc  and 75
                                                                   un   Ship
                                                                   data, oniount-
                                                                        to the
                                                                   !i Limn tee
                                                                  :at'c.-r quality
                                                                 c  control und
 by  most
icnt  of
argc-i'l  from
                                                                   in  voulil
all waste sources shnuld not exceed  35,000 pounds  per day.
represent an overall  reduction of  about  95 percent  from the
original  untreated w.istc load of the early and inliliilc 1%0's.   If  addi-
tional waste dincIunir^fFij' inriionirlc-s  .ire to he Inralcd on tlin Houston Ship
Cli.'innr]  in I lie future,  lite rct\mal cliicii'ticlefi few Id have to lie propcir"
tlon.iu-ly UIjihcT to. mjimilatii line Tfi.OOO |ioni>dn pc-r  day Hinil.1.   An  additional
7G pcrri'iit rc'duct Ion  fs  rctiwlrc*! frwj |«rirf,fnl u/intr diiic-liai-fjrn  to  iui?rt the
3ri,000 pnuiid.'i pnr ri'ay  Ituvll.
            '1'ily, tlic: oa^otn;; (T.-n1lv<  lAitn f.,"jy filudy jr. lo develop  llir pro-
        flnrl r, i.'fli.niil .''.111.1  wc-r:;6iviiy J<»  »uc<-l  »7,-ili"r qn/illly Hlninlnvdii iti tlie
        Ship Cli.'innt'T.   Ilit* Mirfy, l<» !«•  < r-i j'l i I eil  in 1973. will doubtlcnn

-------
consider various alternatives  and combinations of  altcrnn

quote  waste control including  physical-chemical  treatment

tional in-plnnt process control;  diversion of effluents  f
and  in-stream aeration.   In  any case, extraordinary  waste

cicncles will Lc required  of all  present and potential wa

the  Houston Ship Channel  if  presently established  off icia

water  quality criteria are to  be nsel.  It Is technically
these  levels of waste reduction.   A firm Implementation  E

compliance with theje standards should be established.

     As was stated l«i the  Federal report to the  Coufercnc

is not si satisfactory indicator of the potential effect  o
of the CalvC'Stcm Bay syslem  since ihc loxlrity or  growth

of many of 'he Industrial  wastes emu-ring Galvi'lUon  Hay  a

tends  to inhibit exidal Ion of  organic tnalc-rinl .  This  is

of petrochemical effluents ilwc »© the lnrj;<* number of  com

pounds not immediately 6usci"[>t II»Ic to biological. dcf;r<*dnt
     The chemical oxygen
                                  Usurer, from IliC waste  cf
this problem.
                          llw Bt.O.D..  «dilc-5> arconnl 8 only  fo
matcrlnt  which will l>c oxfl In
C'llvc.iCon B;ry.   BCCAUUG o( the  slww Ai••frraAnlivn of  Ihlfl  nlntc'l'Jd1» Home of

it bercniicTi  liirnvpvrnt
-------
                                                                     228
                                                                     111-31
which is demonstrated  by  the presence of  hydrocarbons in

Physical-chemical methods of war.to treatment,  In addltioi

removal efficiencies  for  five-day B.O.D.,  greatly reduce

grading organic compounds reflected.by  the  C.O.D.,  where;

biological methods of  treatment remove  only a  minor frac

pounds.

      As an example of  this situation, four samples  from

Channel collected on June 23, 1971, were  analyzed Vy gas

mnsn  spectrascopy for  presence of complo: orf.anlcc.  Thes

mile  point. 0 at Morgan Point; imilc 5; nile  12;  and  mile

essentially tine sanic1 compounds varying  only In different-

compounds arc p'irccflomIri.!nHly hydrocarbons  and  the conccnlr

with  Che ritti'C, Eve dEslance mipslrcau from Morgan Point.

oil and grease exdractioui from hollow sediments in  the  IU

arc shown In Table III-4.   The sat:ij>lcs  from Sims Bayou  ai

downstream of tfic municipal trc.njimcril plants conlnliud  ll

ccntratlonn  of exHractablr' oil and fcrcasc.  The ncxl  hie'

is at  mile 20.  FrwiK C]u{s  (toinil, lfvr-lr. of  oill  intd  f;riar.c
 ihell.fiBti.
 to
 ;he slowly de-

 I conventional
 on of those  com-
ic DOUG ton Ship

ihromatograph-

  four samples  --
 i --  contained
nmounts.  These
 tlon incrrases
 e rcEults of
 r,Con ShJ|i Chniuiel

  Duffnlo Dayon

  liighct.t cou-
 nt concentration
 6U-nrtily decrease
proccetllni;  flowni ihc Cllr.tnnr-l „  extent ») mllf .{tvMJ.

     Three  t»'rlivl! \tft.n\'n3tff.&antf avi'i-sSonn wt'irc  flown ovcir the llounton Shlj>

Chnnn.il  on  July 1, 1071; July 2, 1^71; /jnrf Jvily 1?,  1971.  The report of

thin n-i-oniifilnfliiniTi" Cfi taxtiivtiwd sir, /s^pi-iiM* h.  11tiriii[; I tit1 Jtlly  1( 19?1|

                i p.-iiMl*-' nil I if ttt1""r£tv wrrj1 nlifirrvn'  nn '

-------
Street


TABLE II 1-4
OIL AND CREASE EXTRACTS FROM
HOUSTON SHIP CHAV
Date/Tine
6/23, 0855
i Point 6/23, 0335
Side 6/23, —
r 6/23, 1035
6/23, II 05
6/23, 1130
6/?3, 1135
6/2/1, 1210
6/23, 1335
6/23, 1355
6/23, 1A2HJ
6/23, J435
6/23, 1505
, lUrtlis Fir. 6/23, 202B
, Wnyr.ftlo
jc 6/25, JOW
•HVJ.I IU-MV..1 6/25, 1JWJ
ft/24, Jf»S5
229
111-32

BOTTOM SEDIMENTS
!iEL
711 & Crcnse %
	 (l'R/g) _
570
645
8/1 1
W5
27/iO
l/i 00
1460
1260
3160
43GO
8MIO
5220
Volatile
Solid
3.55
3.94
3./i8
3. 36
5.7?.
4. 36
3.13
1.98
4.63
3./.S
5.42
6.92
4940 2.99
2970 2.71
21,«00 5.9/t
57, tOO 9.99
I960 3.72

-------
                                                                        230
                                                                       111-33
discolored effluents, Che  chemical composition of  which was not  verified

at  the time of  the flight,  were nlso observed.  These ovcrflighto will be

continued at varying intervals to better define the  oil discharge problem

in  the Houston  Ship Channel.

      Texas Water Quality Board permits  allou an aggregate total  of about

50,000 pounds per dny of oil  and grease lo be discharged to the  Ship Chan-

nel.   Thin constitutes a flow of approximately 6,300 gallons  per d,-y.

The  allowable oil tir.ct grease  diacltnrge  permits arc sunonr 1 zed  in Table J.II-5.

In May 1971, ttie Texan Water  Quality Board collected grab samples for oil

and  grease nnnly.ois from 18 petroleum industry plants oil tli  sa-r,i[«l Sfrj;, £t/)tci1 (1i.it  llie flgin'en

cited v/erc pror.dly in error duo Co not  &ti!»r rat 15«v, lI'J'' 1«l|;n cinnri-nlrnt ionn

piiT.eul  in I lie  iul.iil.e iii'uci-f.ii ami Ci'MlIi'i^ v.>U< i .   S;u»ji]f» »ii-Cir- i nl li'i.tr-«l

frcini  the  llniinlnii Chip Choriiitt In fft? June l')?l, fitul ana\y/,cA  ftir rAltc,

lead,  cnjiiinr,  chrninlum,  r.irlmitmi,  iiicTftny aiwl ey,wj|»!lf.  llitr.c' <1;iln /in-

prefi- nlcit (i.i  A|i|iiii'Ux U.    A Fiiiuinni'y irvf  l(.«'*.»  
-------
                            TABLR  111-5

                          msciiftncus  on on. AIID GHGASU
                         HOUSTON SHIP CHAUmX
                                                                        III -3/1
            InOuBtrv

Arco Chemical

Armco Steel Ko.  1*
             No. 11
             Ko. 15
             Ko. 56
             Ko. 92
             Total

Achlfltul  Cl.cnlc.il

Atlantic KlchJicld Ko.  1
                    KO.  2
                    Total

Barold Di\r.

Celancsc Plastics

Crown Central Fctrojri.'a« Bl>.   1
                         BD.  '2
Diamond  Sti^iroct. Ko.  1
                  Ko.  2
                  Ho.  3
                  Ko.  4
                  Bo.  S
                  Total
DuPont  (La Pone)

Enjoy ClWmCcel

EthyJ Corp.

CooJycfir lire

Cult Gd.i.it

Culf Ml

Cult 5-t.itcs

Hens Tci-mlnAlr,

llou.'.t.-.u diluent C,irw

J. If. Hubtr

mip.tien Tool

IIui.it> Ic OEli
                                    rcf. /I

                                      20
                                                                          /i«0
20
25
25
20
25

20
28
135

10
5
25
25

10
10
10
10
1C

20
20
3
25
25
5
15
25
1
10
15
70
30
5/iO
180
BOO
150
1.700
230
3/.0
6,970
7,350
40
20
160
1BO
'.'10
320
8,170
3,500
50
_J°0
12,«/iO
720
3D
90
520
SO
40
20
20
10
20
120
4,200
 91, W. *'  (n-d ii|  tltn. \no \m
wi i.
                                                       oO  nlnl f.t'vrtna

-------
             TAULi; III-5 (Continued)

             i)isciiAi;ni:s or on. AND GHUARI:
             HOUSTON SHIP CIIAKIIKI.
                                                            232
                                                           Hi-35
Industry
HB/i
Idcnl Ccv-.cnt Ko. 1
Ko. 2
Total
Kcnnecott Copper
Lone Star Ctwnt
t»*>r«rol Corp.
llcriclitin
Kurphy InctustrJr*
Olin Corp Ko. 1
We*. 1
Bfo, 5
Ken* 7
ToCal
re.W»II CtamJMl.
Pctro-Vcx Cheuificrtls. Ko. 1
Ho. 2
lit.. 3
Total
PhUllpn Pet. CW.1HIS Terra.)
Ko. 71*
Ko. J
Tol.il
PlH^h.10 a^UnlB
Pltttfcui'R PlADr Cl.i'.i
Premier Petmcf.'wie.nl
Rohm £ H'JAC Kb. 1
Ko. ?
H
-------
                          TABU: Hl-5  (Continued}

               PKKIIlTll.il niSCIlAKCr.!; OF Oil. All!) CKliA
                          llOUSTOll Bill I' UIAHUKL
            Industry

Sinclnir Koppcre

A. 0.  Sisllli Corp.

SMS  Industries

Southland Papers (DISC)

Stnuffcr Chen.  (Circles Bayou)

Stauffcr Chen.  Qtaccbcster)

Tenncco Clyeaic^l (IT^adena)

Texaco (C^lcna  FarlL)

ITaina CaiUrfr (Deer

V. s«  cy^*iu»

       i c«».
V. S.  lu-J. OKai. ICj>.  ]
                  Ito.  2
                  Tot;.!

tl. 5.  Ply.,o
-------
                                                                           234
                                                                          IIT-37
                                 TABLE  III-6

                   COHCEKTRATIOKS OF HEAVY METALS
                          HOUSTON SHIP  CHANNEL

                                 JUNE 1971
                Average Observed
Average  Mass
Parutneter Concentrations in up./l*
Upper Lower
Channel Channel
Zinc 54 43
Load
Coppr.i:
Chro,:iium
Cn(l,,l,m
>..,.-...-,. y
Cyanide
172
52
29
32
< 0.2
26
206
75
49
37
< 0.2
< 23
Quantity In Pounds Per Da
Upper
Channel
166
530
ICO
89
98
< 0.0
SO
Lower ***
290
1,390
506
331
250
< I./.
;«kiHiy of occurrence of fitntcd  no:.' fior June

      Upper  Cluiiinnl - Plow  «•  ^70 cfn.  Loirer Chunnrl - Fltnr "  1,?,50 itfn,
      Rofcrcnr.o - TnljJn  ?,  Tcelmfc?! Report U.'o.  11, Cci!rp]prfJ.y J-lf^fH I'ocUO
          of jLjin;, JJoM/Uc.n^Rjt/^JDfe/jvnjJ^ by Krw'-r fund Il.inn, Tc::nn AMI Univcrcilly.

* A''   Upjii \r  Chflunol " MIJo  24 eo Kile JO
      I'.wci-  Clniintl « HUc  10 lo Kile- 0 (J5n.r^M

-------
                                                                       •5
                                                                       -38
                                                                    II]
All  of  these concentrations, with the exception of cndmlimi  nnd postiihly
mercury,  arc many times in excess  of background concontrntionw  Jn nr
tural
scawater.   The background concentration of cyanide  in natural  scnwnlcr

was  not  listed.  Table 1II-7 dctalis the concentrations  of  lend  nnd

cury  in  sediment samples.  These  results do indicate contamination J)f the

Houston  Ship Channel from waste sources containing  metals and  toxic con-

taminants,  which could be contained in n.hc intake water.  However, pxcc.pt

in the case of those industries uhich Slated the metals  concent ratinnA

in their effluents as a result of plant production, no af.c.rcjjflt e total of

heavy metals or other toxic substances presently discharged  to the Channel

from  waste  sources is available.   Kor, again excepting; the appropriate in-

dustries,  (a it presently possible to assess the representative  coiilrlbu-

tion  from  each waste source.  Heavy npunls. miJ olhcr toxic  substaJiccB,

arc not  rci(>,u1l(Lirty required! pnramrLcri: Jro tine solf-rcportin^  system,

      There  has been a rcducLion of five-day fl.O.I). discharged  to tic  llouuton

Ship  Channel since the mItI-1960'K of approxlic-alcly 80 percent,  largely

through  the regulatory eflori* of the Texas V;itcr Quality Board.   Jriiis total

discharge averaged througfn Btarclt  1971 w.s alioiit l'i'tr qji'nUty In thr (lountctll B|1<«

-------
                           TABLE III-7


                      HEAVY METALS IN  SEDIMENT
                       HOUSTON  SHIP CHANNEL,


                            JUHE 1971
                                                                     236
                                                                     1U-39
Location
Concentration i.n_ppVi

Morgan Point
Five Mile Cut
Mile 11
Wile 15
Mile 24
Lead
I2£ J
20
< 20
40
150
340

kitK-i'i
<- 20
< 20
80
460
210

Top
500
< 30
5.000
GOO
1,101)
Mercury 1
Bottop."*
3oJ
< 20
5,/iOC
3,30(1
8081
 *   Parts per Billion


**   RcftTB to Topi an«l Botioti of Core

-------
Channel and Calves ton Bay.  A  vaste source survey  cliiiractc-

suhsraiices is required nnd  a regular reporting obll^ntiori

stl.tutcd.   Adequate nbatci.ient  munsurcT, consistent  with  the

technology is necessary.

B.   CALVESTON BAY AND ALL  OTHER AIHEAS

     Galveston Bay and all  other tributary areas receive  1

wastes  contain!tig 99,800 pounds  per day of D.O.D.; 55,100

of  suspended solids; and 201,000 pounds per day of C.O.D.

sources only.  The allotrabla effluent tolalc in the Texas  '

Board permits arc not meaningful for purposes of compariso

figures permitted for tbc l^rtcsiL dischargers, except  for

recorded In line self-reporting data.  The pcrmj t ted totnl

K;u.

     There are 85 sourccr pcrt.» it led to discharge wastcfi to

Bny systcmij exclusive of lite I!twii«.lon Ship Channel .  Tlicri?

of  domestic wnnte, 12 of vliich,  or 75 percent, arc- in viol

requirements; 14, or 29 percent. Hire exceeding ft.0.1). rc-qu

16, ot  33  percent, do not ttccl s«»f i«i nclcd sol lilt rcqulri-mt>n
      237
     III-'iO

King thcuc

on Id lio  In-

eot nv.iilablo
.6 MGI) of

unds per Jay

om industrial

ter Quality

since the

ow, are not

ow is 189.9


he Calvcr.ton

c '48 sources

ion of flow

cm-tits; and

   Municipal

crccnt: of  tin-
wastes  constitute 13 percent «vf  tine actual wur.lf flow; 4

B.O.D.;  nnd 17,8 pe-irci-nl of tin  sucjicndrd coliiln.

     There  arc 37 sources of iiuflurjuriiil  wattle iMfich.Trying  in  total of 100.!

MGD conlnlning 9J/00 pwtidrv j,fr &vy of  C.O.I).; /(5.300 poundn  per day of

BuflpundccV BO! lAf, nui 2fll,0\)0 jioarnxUf; j»cr  d,iy of C.0,1).

     The  Ifirycat w,istc dlsclKiirgfrft  .tre Hr.led In T/tblc lll-S.   Those four

source1;!  tllncti.iri'.r n (C»(A! of IK? jWrt contnIning 90,i93 pounitn  per dny of

H.O.I).;  3'k,391  po"ii'if'i. |i"-r er

-------
                                TABLE III-8


                          URCKST WASTE DISCHARGERS

                      CALYESTOK liAY AND AU. OTHER AKUAS
                                                                          238
                                                                         1II-U
Source





Monoai'to Chemical


Union Carbide Chemical  It.F.
     TOTALS
Flou
M.C.D.
Fern.
95
.7
It.F.
13
_fi

.0
.36

Act.
106.2
11.3
14.6
4.9
137.0
B.O.D.
IBS. /DAY
Penn. Act.
II.R.
U.R.
9,649
	 CO
—
24,
«9,
15,
0,
90,
078
203
527
»s
593
S.S
	 LBS.
Perm.
N.n.
K.R.
3,686
	 60
—
/DAT
23,933
5,
/i,

3'.,
20C
731
5/JJ
39;
c
LBS
P^erri
K.R.
N.R.
N.R.
	
—
.O.D.
./DAY

. Act.
52,
108,
22,
	
182,
22.
21!
02
...
u
     N.R.  " WOT RtCOEIlIB

-------
                                                                   239
dny  of  C.O.D.,  Recounting for 74 percc'iit of the actual  flo




of  the  B.O.U.;  t>2.5 percent of t>ie suspended solids; and 9




C.O.D.  Union Carbide is tho largest discharger of H.O.D.




all  sources.  Monsanto discharges 43. 5 percent of the sucp




from all  sources.   American Oil Company Is in violation of




flow, B.O.D.  and suspended solids.  No representative data




on discharge  of complex organics, oil, heavy metals or  oth




stances from  these sources.




      Inspection of tho per PI it values recorded with the  sol




for  all sources discharging to Uie Calvcston Kay system in




many cases, waste  flou allowed to be discharged is subfile!!




than the  actual waste flou.  This, in effect, allows the d




larger  pounds -per-day of pollutant than is necessary.   Tin




solids  permitted also appear to Le greater than in varranti




in tif.ht  of tfic sludge dcponliK in the Houston Ship Channe
on the
               ,  eacli cfflucoit la llie Channel could discbar)
of suspended  solids-.   The  waste source contribution to the




should be materially  reduced.   From Jnsj
-------
                                                                        240
  V.   CtiUAR  BAYOU POWER PLANT - HOUSTON  LIGHTING AND  1'OVJKK COMPANY]






      The Houston Lighting  and Power Company ifi developing, in r.tiijjes, a




 5,000 MW electrical power  plant at Cedar IWiyou which,  nr. now d




 will eventually require  about 5,000 cubic feet per  second (cis)  of onee-




 through cooling water.   The intake valor will come  from upper Ccpar ISnynu,




 Talibs Bay,  Hour, ton SLlp  Ciiunncl,  and upper Galveston   Bay.  The] intake
water will, bo  healcit ?0   F.  during maxiiriur.i plant operalj'.m,   Tl
  e heated
 water, tin presently jMOje.cled l>y llic Company, \;J1I  lie  clifich.-ir^eil  to a
 Bix-mJ.lt' caucil  into a 2,600-acre pond  for ci|tproxiiiiatcly 55 perc
 Mil remnvnl
 o£ the licat  loud before  final  discli.ir{;c  }i»to Trinity  Hay.  The Onnl opcr-




 sitina plane  will consist of six units  (four 750 !W  and  U.'o 1,000 tJW unil.s) .
As  of lliis «!nto  (July 1571),  mill 1  (750 IT.') is complete r.nd o|
 eiutlonal,
 although not  opernl Ing .tl  this lir.n- J«cca«ise of ftoclinnicnl  di.fficulti.pr.




 UniL 2 (750 tM)  is noire lii.igi 75 |>crcc,.»l  c(.-.plet<- and  ir.  ex|ifctiid  lo be
operational }iy  UovcnJicr 1971.   The [»:»«" hns been poured  for Uni
:  3  (750 MV!)
for  completfoiT  by IWi, and  Uittl '> (750 I;'..")  has been  ordcrotl f )\-  197G.




Thn  entire facility is presently sclw o\ in,", vjil er effluent  will nllll  lie




(sufficient  to Blynl f tc.int ly  t»ttr.a^f- Uic surfnce (eiii|>er;it«re of nevi'i'.il




scjimre  niller, of  thr  D:iy.  Tllie  ruif*«a/j| T<'tli»lr
-------
 thnn A  F. during  the  remainder of  the  year.  The Texas Water

 Requirements specify  that a 1.5° K.  rise  In the representative
 nturc above natural conditions is not  to  he exceeded during th
 nor more than 4° F. during tall, winter,  end spring.  The  arcn
 zone which will exceed the 1.5° F.  limit  vhcn the plant IB in fill opera-

 tion is controversial, hut is estimated to be in the ranee of
 2,200 acres.  The  impact of the expected  water temperature  incr<
 the  shrimp nursery  and other aquatic  life of Trinity Bny  is  t\l
 trovrrsifl? subject.   Increased water  tt-repc-rnlures have been  fo

 beneficial to sor.ic  stages of slirlnrp development and dr-triinentn
itta^cs .
      The Uous-eott Lighting and Tauar Company contends that  tlin
proposal for discharge  to Trinity B:-y  Ji  ll«e only economically
alternative nritl will entail no Irreparable  d.tniagc lo the biological  li.fc
of Trinity R.i.y.  This;  conclusion is based  on evaluations condu
   2'H
  IV-2

  lity

  mpcr-
  ummcr,
   the
   to
   to be
  o other
resent
acceptable
  d on
mobile  aquatic spec Irs  in lite cooBHnij; t-".itor  effluent from the     innon
plant  further south on Cslvcston Kay, and  In Trinity Bny v.'bllr    e first

unit  for  Cednr Bayou h^a  bccit opern'l ling.   ThcM.- tli.iiUcn cvnl.ua'ed  the cf-

fectrt of  heated effluent  on adult fislii, s!nrl«.ip nnd cruBlnrc'nnsI ulilc:h, due
to  flic  n/ituL-L of tlK'l"-  lift  r.«itj;« , t,-.,i'i tolt-riilc (ncrrnst'd ln'nt and can
nvold extreme cciiulllllciii-,.   If (l.wogt- Jfj slinwn to occur an the tfenull  of the

      ly's  continuing cco'lo^le.vj  5«w3iirj, as new tmlln nri1 placfd  into  opera-
    i, Mnu.'i'on lilplit' tiij.; nnd  li-owoir Comj«,vfjy will  tnkci 1 mined lot c- Bleps to cor-
      Lhe  n I t.u .'it Ion.   Tl'u" Jc-y.tf. W.iiHru Qu.illly Jioflri!! lin« acrepU.'d  thin  pro-

['.rum and  |;ip,'in(rcl n pnmtl cnv<-ii fitij, JDw (Hr-cli.-ir^e of 1,SOO rfo  (970 KGD) of

codling vnlfi- from tli'" TtrsH  (t'w vrn.'fa* ,•••"1 li/ir rrrrnlly pr/intrd

-------
                                                                     IV-
                                                                       iiition
discharge permits  to cover the ultimate  5,000 cfu discharge.




      The Environmental  Protection Agency has also conducted  an cvnlti




of  the proposed cooling; system for the Cedar Bayou plant.  Withdrawnl of




large .irgcs (Bnyrown S.T.I'.), industrial  wa




 cl lscliargt'3 ,  find passible nj;r icultur.il runoff.  Ultli the oncc-lhroui;
tng  propror.ecl by Hotiston t,{gliiin{> and Puucr Conpony al the CocUir Dn




plant,  nil. wartcs iticctt.rrticil lo Ci ilni Kayou plus vntor of poor  qual




from the Houston EFdr Channel and upper Rai>vL-r!on E^y i:ould be  heat
(llr.chargf-tl  into Trinity Bfny.   U.S.  Array Corps of  Kisgliiecrr. model stjdie:;




havti shown  that relative come ml rations of coiir.orvstivc pollutants




incrcanc l>y as  mudu ns 600 jnTcc:«t  in portions of upper Trinity Hay




low f:lov.' conditions.  Flow-through  lime ini the cooling unler fiystcm




than foi'  tlfiyrf, inclicnt Irijj tli.il  ihr contce:ilr.iLlons of  clouly clcgr.Til
                                                                       I  at-
                                                                       icntly




                                                                       Iue to
                                                                       i  cool-
                                                                        (1  and
                                                                        during
                                                                        is less
                                                                        iig ro-




fiac.tory  cirgan !cr,, such  nr,  me fuumi in lite  Hour.ton Ship Channel,  v.'nuLd




also  inrrcanc sulis tantlfil ly in Trinity Bay.




      Bcrmiflc of the higher  snlSnily levels in Cedar llayou and ValjbD  I'ny




due to  lhe  brf.tit! dincliargcEi;  H«<' prolt.il>11 iIy of  further Increased  8,til inil lea




due to  cviipnralld.i Jri the cooliin', r.yr.uva; .-mid the rrdiicllon  In  frrnili water




infl'/.'  from tin' Trinity  lUiuor  :iy.   S>iwci* Trinfly V. 'j Jr- n  prime nlu Imp liurncry




lire/I  Jllifl  Hlirlnip p|-ri[i,Tj',al Inn  ts  pnrl (' •«vl,-i ly  ?.'•••'; (I 
-------
                                                                   IV -/i
the potential  for dnmagc to the valuable  shrimp  harvest i:


and offshore Areas Is substantial.


     Tin- Environmental 1'rotcction Agency  opposes any diucl


through cooling  water from the Cedar Bayou power plant Co


E.P.A. recommends that cooling valor from Units  1 and 2 u


cooling pond,  preferably located in the high  land arc.- ne<


This pond  could  be employed, cither as a  rccirciilatin" syf


water of npproxin-atcly 45 cfs tal:t-n from  the  present Coas


Water Authority  fresh water cental and/or  Cedar Eayou v.'ith


returned to Cedar Bnyou, or once through  cooling to near i


tions with discharge to Cedar Bayou.  A new discharge- cam


would be required!.


     For the remaining tinitf., a fresh voter system utiliz


draft cooling  towers should Ke investigated.  Sufficient i


(10!; cfs)  shoulrf be available for purchase from  the City


part of the projected water supply diversion  from Wnllir.v


ston Reservoirs.   The total daily requirement is UiO cffl


makeup water under tin,- mos -I. unfavorable o|>crnl Injj conJilii


jcctcd normal  operating coiwtillor.s, the total frcr.1i v.iter
                                                               mechanical


                                                            alteiip water


                                                            f Houston ns


                                                            lie and Livi.ng-


                                                            lmil.  The 1.1.  R. Steel system


IB pnrr.Lat.ly  JIT  operftticm.  UtwHt-r luore prt/lifnYlf  ope nil Ing ronditionn t Iho


tot.nl F refill writer niAt^up ri"f|wir«w«! for llip Ccdur Bnyou powcii1 plant would
                                                             Gnlveston  Hay
                                                            arge of  once


                                                            Trinity  Bay.


                                                            c a l.bOO  acre


                                                            r the plant.


                                                            UM;I with makeup
                                                            nl IndusLrlal
                                                            blov.'Joun v;atcr
                                                            inhlenf condi-
                                                            1 lo CcHar Bayou
             ffc>      SO
a|>|-irnxLni.-itc; 4*> cf»  (WT 5KI>) .  line rt-

tn mutually flj'.i'craMf nllrrnmtf sltt-f.
                                          ill ly of  rclocnltun tif future' tniltit


                                              fllco  he  Invrflt ipnted.

-------
                                                                       244
                    V.   SUCCKSTEl' RECOMMENDATIONS
      1)    The Pood and Drug Administration,  In cooperation wlLli appropriate
State  regulatory  agencies, continue Ilicir  recently  initiated




and  hydrocarbon  residues  in  oysters taken  from Calves ton liny




Jcctivc of determining lexicological effect!!,  if any,  of sue




tinns.  These data,  and any  evaluations, shall be unilc avail




Conferees of  the  Ca Ivor. I cm P,ny  Enforcement  Conference.




      2)   To  Insure  that  .ppi ( jcA shellfish harvesting arenn




classified nt all lines,  sampling for -
                                                                 i  concontro-
                                                                 ll) lo to the1
                                                                  arc properly




                                                                 ;Jcnl accept -
ability of arras  for shellfish harvesting  In Gnlveuton Bny nial) empha-
size  the  most unfavorable hyiHi-O£i"»ii|-9>!{c and pollution conditi




most  uniri:vor«it)le liyrfro^rnphic and  giollution conditions; will




by technical pc rs oanf 1  of the Tcx.ns  Slntc- Ilcciltii  Department ',




tion  with ttic1 I'oocI annrl  iJriig Ailia'Klstrallon anrt  «lhc:ir appropr
                                           waste sources; conl ri
Federal




      3)   Effective  df si nfcr ti on of




tcrtoloj'.ic.it giot ]ut Ion lo Gnlvcsloit Bay i;liall  be provided.




cent rii I ixii'. iori of  trc.Tlncnl facllftlcs ilirtl 1 1>c roulimicil  lo
                                                                 ons.  The
                                                                 >t> del cnninrri
                                                                  in coopera-
                                                                  ate Rt;ile  nnd
ul inj>, liac-




          of




        tilt!




Jon nclii'dulc
                                            Jo l1u- Cortfi-rcer. of  the-  Ciilvcnlon
bcr.t  nvtil tnl'ilf  trcafnii^nl for tHoiuirslic sct'r^t-.   All iiiijilcmt'iil a




for  tills program atLiill! ^^ rude flvall.




liny  Enforcement Cfinfi'Ti'iire.




      It)    A Joint w,t.-.tc Sf»i:rrf xmrvc-y r;1»,ill \ic  coniluclcd liy  (.lie IVx.ifi




Water Quality FJfi.n-tf,  Jn coatfc-rat ton wllli the Ittivtrmiiiicnlal  I'roU'i'tfon




Af.ency,  on nlll nniifti'S of tuinlrlgval An/1 llr,'ii!,( I (ill  ^;;iBU':. i/elrnilLI cH hy  llu-




Tcxnn Wnfor Quality Begird lo ^tf.tttsr^f offlnrnl  to  GntVi-nUin  I'.ny nnd ilii




t r/tuil iirlon ,  Tlitsi*1 e x.'iivfivli i«vi»^  sli'ill t"-]Afnir.c del criiiltiiil 1 1111 tif  co;iij'lc.\

-------
                                                                      I"'
 organic compounds,  heavy metals  and other potentially toxic  eubsL




 and oil and grease  from each waste source.   Recommendations  and c
 ing of necessary  abatement will  be provided  to the Conferees  as  soon as
 they bc'come available.  The Texas Hater Quality  Hoard permits  nut
 reporting data  system should  be  nutcmlcd, as  necessary, to  reflect




 recommendations of thir. waste source survey.




      5)   The Texas Hater Quality Board will  review the pcrmito  of each




 waste source discharging to Galvcsloci Bay and its tributaries,  end will
 amend them as  necessary to  insure thai tlie bcr.t  available,  trcatmc
 provided such  Chfit disehaii;;es  of oil and groa;:c from any souice vill not
excreil  5 i.ig/l .  As  t c-cl»tiiol ogy improver.,  lliis rcqui ivi.icnl will be
          and  readjusted to a  lor-fcr figure.
      6)    The Texas Water Quality
                                           will  ivviev and amend  the
na noconnary for Calv^sloo Bay vastc  sources Kuril  tliat  the quanti




wastes  permittee! Lo be  discharged  i»  sinf f Icicnt ly  rcprcscntat.ivc
actual flinount of waste  to be




review shall  particularly
                                           afjt-r rt-quirci)  1 rcalmptil ,
                                       ll»t"
                                                  flow juvruil.i ted us  v
 the  (jLUintity of  allnvranle 5[iS[>c:»lccE ncJ tti sn-l  cvalm-iilon of  Itic  v.Kcr quality  signifi-




 cance of nii'iti-rl il"  conlfi fiite«l In Slur-  or^atttc til»n1j',c  drrdyid frum  l.ha Haunt cm




 Ship Channel flli-' 1 1  bo cond'ucn^d.  |;ar.j«i> fit ihi-  rcnulti. of tMfl "iinltml Ion,




 find oxdinJiunl Ion of  prr.scnE ftpO'lH  
-------
      8)    Alert  levels for  ncutc and  chronically  toxic or  (jrowtli




inj;  parameters slmll be developed by  the Food  nnd Drtig AdininiBtrii




shellfish from all  approved growing waters,  including Calventon J!




Thc.ic alert  levels  will be  discussi-i)  with technical personnel of




vironracntnl Protection Agency nnd will  be prc-sc-utcd at the 5 event




Shellfish Sanitation Workshop sponsored by the  Food and Drue Aciml




The  Environment ,il  Protection Agency,  in cooperation with  the Food




Admlniutrat ion.  and other appropriate Sl.ilc  and FcJcvnl n£(!iiciciP|




develop  jiarnmftcrtj  for tin-  S.'LLTC  clinractt-risiics  in vntctfl ap]iro\




shell. fish harvesting.




      9)'    Color  of  I tic w.i5tc effluent frtm U. S.  Plywood  - Champi




Coiiipiiny  finfl SontTilatuI Fupt-r HJlls slt^ill be reduced to nnlurnl bnc




occurriny in uncnntnmin.nCtd area trnltrs.




      10)   To mcf!t offiicin/J  Stislc-!'(.-c'c'r.-ul voter  quality iitnndnrds
for the  |lciu.lLri:i Ship Clmnnttfl,  tlic t.a>:litrji-ji u.i
                                                     load di!ichnr|;ed f
sonrcc.t  r>hatl not  exceed 35,000 pentads,  p^r diiy  of  five-day I'.O.l),
                                                                         -3
                                                                        nli Ib it-
                                                                        ion  for
                                                                        y.
                                                                        he Kn-
                                                                         Nationc L
                                                                        in Cratlon,
                                                                        oncl Drug




                                                                        shall
                                                                        d  for
                                                                         n  Toper




                                                                         iround









                                                                         EttnbllKhcc!




                                                                         nm nil




                                                                         Including




projected future  dcvctojiniicnf .   Tliis  rc«ye»Iro..i'iit  can l»e nccoipl islird  by




line  of tlie V.c'St  I'.v.'i Unit lie  v.ir.te In-alu-irqal IT.U « ires consistent wij'h  pre-




nent  and fuCiiL't1  tecluiaTcij'.y «r«'vrli>jvpi'i'nil  .us «< 11 nf. the consideration  of




ollic.r w.Ttc disposal  atCeirnaf ivcs t<» «HJ'iHi'Jrgf1 to llic llmtr.ton Blilp Channel.




      Tin.1 rollowliij1, i'i:eoiimit, utfjil! (oil »MIS «iiNl :u.uc(-]>t ililc1 to  join I nii;i'eeiiic'nl




by the Icrlm i ml  'I'.'in!. Pofiro .iru'I l^ollii vfrtiojir. 'ij'c  prcr.eiilt'd for the  Con-




feri'f!fl '  conn InYrat Inn:









           («)   Texan  l''i'i;t r  Qn.ijily U^nm! rt rt'«i-i.['ji.'V'tl Jr>i); -• the1 ontr




                lbroii;,h rnol fd||;  fi.y«, (<"'!!,  »"J(J( <1JY," 1i;irj',i» (o  Trinity llnVi

-------
recommcntat Ion
     proposed for the Cedar Bayou plant  shall
     monitored to determine whether irrcparabl
     aquatic life is  occurring and/or water
     delcteriously affcctcc'..  If  such effects
     Houston Lighting and  Tower Company  will
     steps to correct the  situation.
(b)   Environmental Protection Agency
     charge of cooling water from tho Cedar
     Trinity Bay  shall be  permitted.   The Hou
     and Pover Ucupany shall be required to c
     heat load l>y incorporation of  a  system u
     lalion and reuse of cooling  water for
     Cedar Itayou  plant or  return  of used c
     Bay or location  of additi<   1  units at
     sites.
                   247
                  V-'i

         ho carefully
         c damage to
         ality is being
         arc shown,
        take immediate
      all
         : --no dia-
  Bnyou plant to
   5ton Lighting
   :>ate the waste
   .iliaing rccircu-
     units  nt the
oolLug water to Tabbo
  siitablc  alternative

-------
                                                                         248
                               APPMiDIX A

          AERIAL RECOKNALSSAKCE OK TIIK iIOUSTOH SHIP CHANNEL
                        and CALViiS'J'ON DAY,  TEXAS
      An aerial reconnaissance progran was  conducted In July  1971

over  the Houston Ship  Channel from the Turns'nj; Ilnsin to  the  Chunnc!

outflow into Gnlveston Cay by the U.Ji, Air Force .it the  requcnt of

Jiiivlronmcn-.nl Protection Agency.  The expresser purpose  of  this pirc
w.is  to establish  the  foJ.]Tn- Point.  The cEiTortolt.;;icnl dct.illi: of the flJf.hti; nrct j'.J

nn fotlowc:

      (n)  1 July 197i             Tloc over t.irrci of

                                    14:30  bourn Clft

      (b)  2 July 1071              Ticc over target of

                                    10:30  iKw.rji CUV

      (r.)  12 July 19>1             Tin.- «wt-r larjjt-t of

                                    11:30  Hwuria CUT

     The rctniin/iJoiMnrc  clnt.i  vr.rc r^eomlcv?  M»ojr<* tt.-» l-Jtjli }irrfM'i:i.inccl

fllrcrnfl,   K;ich nirciMft  cri[itit;ln
-------
 infrared  line scanner  (IRLS) .  The cameras  were mounted in the  vcrtlc




 position  coincident with aircraft nadir.  Each of the  cameras was up-




 loaded wirh different  film/optical filter cealiinntionc.  They were




 capable of  recording the presence of optical energy within the  folio*




 bands of  the optical spcctruo:




      (n)  near ultraviolet resulting in a black-and-white negative,



      (b)  visible region of spcctruvi resulting in an Kktnchromfc




           positive traneparcncy,




      (c)  nenr Infrared resulting in an Ektr-clironc f.-.lsu color




           (rendition)  transparency.




      The  IF:T,S Is K cryogenic device capable of detecting passive  elcc




 Rmgnctic  energy resulting fro« target thrift-mi ailaslono in the  infrar




 band froi.i C lo 14 micvona (1 micron cqiiblr  10   i-i-tcn.) .  An example



 this type of electromagnetic cr.ijcrioa is Hit- lim:;in body.  Its clirvrncL




 iBLic body  toiiiperoEvTi'c  in 9B.6'tT.   The rci-j"-cljvc cnitlxM chnivctcriu
wavcl enc tli  ic  9.35 r.iicrono vlitcli  if. vllMn tlic lou-Juidtli  of the IU1.S.
                                                                              9
Tli is
unil. io cnpablc of dcttctln^ r.nd  rtoolvinj;  (BE n target)  lUc prcncncci




of  the liiui:aii  lincly nt vclitlvcly r.Hioj'l riu&rx.




      Tlut firbL  tv.'o p!iol.o2»r*!['Iilc wHn iU^ca&j-f3 fll>ovc \:.-I'L- chciucn r.X||vc*tii:]y




for  tliciv cap.nlilllty of  rcconHns tl«- |^r**;r;cc of oil nivJl  |.'at-;tli, fw Jin: J--.T «ltrrvlc>]c't, r^nlnn, of




nppro::!.  L(1y D.3.T in [ci'fu,:,.   II.-- l.T--^5.- .TL -I-'. 1.'31-  f!3 i Ji. t.i|u-1'li- oT

-------
                                                                    250
recording this fluorescent radiation in the near ultraviolet bnndj.




The true-color transparencies are used to provide correct  color




rcndition(s) of targets in question and are extensively  used In



location and target identification work.

-------
Reconnaissance Data Presentation




     ThiB secLion describes the reduction, explanation  Mid  presentation




of Che reconnaissance dntn obtained  during th< three  (3)  dayo1  niJcnior.s




The discunsionc are catalogued chronologically.  The  photographic evidence




la on file  at  the Denver Field Investigations Center.   The  photo inter-




pretation VMS  made by DFIC personnel vith assistance  from the Gnlvccton




Bay Field Station EPA





     SectionA - 1 July 1971. 14:30  hours




(1)  A discharge of an unlincvn substance vac located  at the opcx




     of  the Turning Basin.  The cubctnncc \ras dispersing  toward the




     center of the Basin.




(2)  A mlnm- oil spill was in progress, durinK the nissJ^n, fit  the




     Atlantic-Hi chficldi (Sinclair) docl:.  THie «3oc!: position Is  the




     second loading station inland froa the Citanncl.  A bnrf,n WHC;




     docked at thir, station.




(3)  The location and dir.pcrc.il pattern of t'<^ rvLncrgcil  outflow from



     the U.  S. Fly.'rood-Ghai.ipfoni Paper Coey-amy, loc.itcd  on thci Clianncl'lt




     nciuthcrn  filiorc cnst of VIncc U.-.ynu, v.iib clcnvly  vliilble during thjln




     micslon.   The cha,-,iic;iJ! sabstiKiCJ: of ike o-jtflo-.:, vliicli np|ic:nrc:d nis




     ycllov7lbh-hrov.ni In color, wan not knrina.




('0  The location mirl effect of .in Jnrcrccdlalc »31 r.plll In



     ve.s rccoi'ilcd at the Crciun Ccsulrfl Pctr<»Ici';ii Cc>rt>orntion dock




     Scvcrnl harcnti vote dockccf nt I've Ir.r.llfty ;ortinnn

-------
      of the slick drifted ncrosr, the Channel and were cllnfjinp,  to the




      northern Channel tliore.   A snmplc was taken during the time of



      mission and  subsequently verified as oil.




(5)   The location and dispersal pattern  of Aruco Steel  Corporation




      discharges were recorded.  There was an oil discharge thnt  bnd produced




      a slick across the complete width of the Channel near UK-  r-ourcc.




      It was approximately 1.33 miles long.  The location of the  saunce




      was in the Inwuxlietc vicinity of tic vastu trcnUicut facility.  Thnrc




      wuo a ctronj; effluent of an oranp.o  6ull:;t»!'ce being diupcrncd im:r the




      Channel for  nearly half  its wldtli.   Tlic locnMon of this cfflu.'nt la




      approximately 370 feet dovnstrc-.iiu fren the oil effluent.  Thin t:u]>!it&i>cr>t



      being diocharttd into tlic Clinnncl uatrr^, i.vic ausiii.icJ to l>c fcafric




      oxldCr  lite  thin! Atmco  Stc-cl cCflucmt vf>s tii.-'t  of a ch«)'coa3.-colort'.1




      substance btinj «Iis[rn;irKC«l into tlic  Omn>icl.  Jls nouvcc: 3 or..it Jon



      wan immocKntely ncljaccmc to the orKF.^f. effluent.   'I1ic cliti'.i.i ml




      nature of tUir, t.ut.st.aitcc bcinj; (lisctiir^^il lr, ui)lii:t'-.rn.  'Jl:o  folltrth
efli.lucni:, of a lesser ou".2.nit«Jc,  vas
       am- from tlic oil  disichr.rec
                                                      nu|ir<[)xlnt)tt!].y 20
                                                 Ihi.i crriuciit uupcnvc]  to be;
j  feet
                c fror.i ttie aforciit-ftntloiifdl tw-lc Irc.il-irnt




               tintirro  in otvltnor-'in.                                     |




(6)  A minor oil f>|f.-«llon.   Tt;o of tht oJJ




     enui'ccn ucrc locnt'tf ,-vt llm dock |ioi:itloi«t: 111 llie inoutli of




     Ilnyou .   Tin: rc'inln^cr of llic  of I rwjirccu irtru Jor.-itcd  flnr.;1. ttifi




     docl^.hic en •,-. on  tl't: rii-Li-'.itl'ft noi'llktrn »i1i:Tc fi. ..-.«< I'lnlcly j1fn;nr,trr.ni




     f rfi..i lUmi: In?; rj.-1/!!'.! .

-------
                                                                          253
(7)  A dlBchnrf.c o[  a  yellowish  .stibsL.-ntcc! wn.'j lociitcd  in an -Iml  ntuilon




     in  the Chunncl's  couthcm shoreline.   The point oC  diiiclrir
     approximately  420 feet downstream from  the OUn C




     main  dock anil  well within  this company's imlur.trinl comjilc




     elevation oC lids outflow  nppe.ircd to be at the Channel wn




     surface.  The  clictnlc.il constituency of  the effluent In




(8)  A small waterway projects  s;outli>Mrion.




(11) During  thin mir.sioFi, n r.u.J utttcli  Jr, Jot.iUil « lev f»7  feet.  TUir effluent plume extended




     A|)pro::ti i:itc-ly  ?oO fcrl Iitto  ILJif C1i<:i<:x-l  fr«ui the pciid'n |:1




     vt'Jr,   Tie-', ch^r'fc.it n.'tnri1 olf  lli'r, cfflm-n*. JIT lint  frv "n.

-------
(12) Oil  was being  discharged  from n harfic-mnnufacturiiv, dock  lo




     along the norLlioru shore  of  the Channel, approximately 0.6




     downstream from ihu mouth oC Greens  liayou.  The  discharge a




     to lie cmanntinu frrii four separate locations within the 1'or




     Ship Yard, Incorporated.




(13) Oil  Mac being  spilled from the dock  arcn in ftoj'gy  Dayou lias



     dock is operated by the Shell Oil Conpr.ny .  The  slick was ]>




     down tlic Channel froti Lin; l!at>in.  Its  Iciif.th tint) npproximal




     feet and itc width (ippro>-.im;itc:ly 46  feet.




           In analyzing tlie inagcry obtained fro:.i Shell  Oil C'onpn:




     waste tirciUmcnt facility, it v;as nolttl that the  trickllnp, f




     had  no surface layer biological ^ruiulh.   The nhr.cncc of cue'




     greatly reducer, tltc clftctivc-ncss oC ihc ircnlficnl: unit.




           The outflow furei tlie ctariTIcr wan  clcorly  rccovtlcd.



                fro;.i tire i»ro staMlizatlan ponds \iaa p.Tsr.liiR lliroi




             ^ veils and u.'rr. cli.innelc'J directly lo tiu; .Ship Chnniv
, loc.utcd c«n Ihc;  l.ind ncljnccnl  ti




'l tine ut-.-.tcrn 1-rnl: o|[ P.'ilriclc Ha-
           Shell 'r. oxftlatlon
Channel rB fi
                          cliorc-
                                                                   ted




                                                                   Ics




                                                                   uared



                                                                   Houston








                                                                      The



                                                                   cccdinc




                                                                   y  1590
                                                                   l.he
     win;  exhibitliift fifnue a\y,s>\ r.rmlli fllinn;-.  {In l.Mi!;'T.  ThcTC \;iiijt n




     KinrlJ  outflmf fioi'i lliilc area  Ijiio I'.iirjcl: tl.iyou.




(I/O Oj J.  WM/I  bcln;; i\fr:clinvf,it} f»o;i a tliEp tied Jit ilic C/iiT.111 dtir.k area,




     which  j»i lorn ted pcrosr. ihf, CHmiinrl friuM  HIP noil Mi of  1'iitrlirl:




     Kpypu.   The Rlfcf-.  (!) l<-[i-(f.-T «1t»i>ii> lhr npprn;-Juntr).y J./iOO




     fci;t nml i.M'i c] Iiifjuj; to U.t'r  nf«irt!>;-irn f.liorc.

-------
(IS) The fitnnll. trickling filter in Humble Oil Company's wan to trt-atme




     facility exhibited no zoop.lc.il growth, and  therefore could noL b




     considered  to be effective as a biological  treatment unit.




(16) Three large settling ponds arc located in a row parallel to the




     southern bank of the Texas City Canal.  The pond closest to tile




     Calves ton Bay western shore was discharging a  blood-red 8ubt;tnnc




     into Che Bay waters.  The chemical nature oC this outflow in link





     Section R - 2 July 1971. 10;30^ hours




(1)  The outfall, located at the apex of the Turning Unsin, uas cUncli




     into the Basin  at the tine of this mission.   It vac rapidly dinp




     into the Channel waters.  The length of the plun-.c (elongated




     dimension of the effluent) was approxisaaloly 235 feet.  The chew




     constituency of the discharge is not l:ncnt».




(2)  A substance of  unknown constituency use hcjnc  discharnc-d from tli




     western bunt of the Turning PasJn vEicrc five (5) craall bargcir. UP




     docked.  It war. dispersing toward the center of tlic li;u;ln.




(3)  An oil slick r>n the Channel waters, located whurc the Turning EH




     and the Channel merge, was recorded.  The oil  VOB bcln); (limped f




     two of the  four chips that were iv.shfns out at the UPC.  Tlic el
 nl
ck
     was 1120 feet  long  and traversed tlic entire width of th(-> Ship Chrtlincl.
(/>)  Another (tcparatc  oil  nlJicfc vm; lac.iUtH .ii'proxit-iatcl)1 470 fret




     doun-chnnnr.l  from the end of (he r.llcl. ncnticiifc^l  abovo.  It wan




     935 fcut long nnJ trnvcrr.nl thtr entire i-lillli of  the Channel.  TliiO




     noarcf. of tin: r.pill  c.TiisInr; t!><- r,JJcl: could not  be ildcntlf icd.  Mont




     of tlirj nlick had  collcrttd arounJ It'ra (2) r,1il|>r,  docl.c.1 ncroiio the




     ChnuiK 1 Crciir, Arr.our  A^rlc.iJ t*n-.i!l Chfc-.uW/dl Cfjpnny.

-------
                                                                     iprc-'.-.n
                                                                     irJentifierJ.
                                                                     blic
(5)  A minor  oil Kljck was  located near tuo  (2) ship.1; tlmt  v.uirc  docker)




     adjncent to Building #21 (Navigational  DintrJct Public '




     across  the Channel from the main terminal of  Houston  Coi




     Company.   The source of the oil cbuld not bo  positively




(6)  A ship,  dockec!  at Ituildins f'2t!  (Navigational  District  I1




     Wharves)  directly ncrosa the Clinnncl  from the raouth of




     Bayou, vac discharging i.v.tcr contrJning forjii-producin;;  laterinl.




     The foaw floated  upstrcrn.i for rppro::ii!tntcly 330 feet.




(7)  An oil di:;charc«:  »'a« cuanr-ting  fron n fihi]> dcckcrl nL  1




     Molasoco Coapany.  It  V.JG (Irittiiij; doimstrciiin.  Its len ith  v.iii 030




     feet and its vldlh a|>proKn.  Tlic
     ticrro;/  «itd c;:tci.cleil do: iiut
                                         rpprcixJratclj1  Sl/i feat.
          Mul  datn liulfcalu)  tl«;;t.  lliic cfflutnt wr.n  ri




       liAU the nmWcut ic^.pcrnturc of the Clniiiicl x.'.itci'i..




(0)   A 6itt.,.itrf;cJ ceitfall frcica Ci'lf  O:.jurc:-n  Co.-,j-.-«ny \.',-!:; dil;c
      n yc1law!.t,\t
                               i;ito lice  Ciianncl  valcrn.   'i'hltt  ou
.IMS t ••''••'
                                                                     lid; \;.".r,
 The
                                                                    itJ.y  xfji
.fn!3.
      locAtcJ  r,j  - i.j.JCr.-ilcly 33 foci  fro-j tho liortlitnr.tcrn  t:l.o|ru of  tlia




      Channel,  115'J fr.rt uprlnr.'.:: fro.? llir  pcnir.culr-.r t.lp  of I5jnc ll:iyo»,




      nnd dJrccLly a error. iV(r Ciir.imj::ij^.ny tvi% «"!!:•! Jifirt-.lii;; .-i yc:]].ov}.n\»-\iro\m nibntnnce




      into the  Cli,-viiur,)i  »-,-i«i-ji.  Tiln  |-<-J)s» of <1](ir'i»rf..-.n>- *i  1..-. ;,r.-.t  
-------
(11) A ship,  docked at the Atlantic-Richfield  Terminal along  tlic ucntcrn




     br.nk  of  the Sims Bayou  Turning Basin, was wnshing out.   It was




     discharging what appeared to be detergent-laden water.   Foam via




     formii.u  on the v.iter's  surface, and was clearly visible  over an




     of approximately 225 feet by 120 feet.




(12) The U. S.  Gypsum Company  vas discharging  a yellowich-brovin subs




     from  the western ban!' of  a email waterway located north  acror.s




     Channel  from Sinn Bayou Turning Eauin antl directly across  Chlo




     waterway (west) fvoni Coottpasture Grain j«nd Milling Coinjinny.  A




     retainer oxtciuts into this waterway, forniri;; a pond .idjaccnt to




     shoL-c.   Thfc pond is a|>|»roxlr.cl, InmcilJatcly do-.jnntrean froin




     the Slr.'U Bayou Turntii^  Ba«;tn.




(l/i) Tcixnco,  Incorpornred, VJIE dlEcli--!i'i;iitj a ycllnrJcli nuhatnncc int




     a oi.mll  ».',itei">'iiy located  Jireetly across  Ui2 Ch.Tiinc1! (north) fr




     lloimton  Lffihtinfi and Ptr,'er Ctafsny.  "Che  point of discharge vrac on









     cl.1fpj.TMcd  very nosr ihv r.n«rcc.




          A clMrkcr r.uli.-;Cancp (oJ^rtt-r iit ffprnrfnzt: thnn Unit  of tlic









     cUrcr.iJy rcirorij: the Cli." .  :I fr«'« Vimn- FV/MI.  HIP 
-------
                                                                          258
(15) The Houston Lighting and Power Company  W;IR d-Jfichnrf,!"!',



     Viucc Uayou, and  in turn InLo the Ship  Channel, whose tur.ipci




     was significantly warmer than the ambient temperature of tli




     Channel waters  at the time  of this niinr.inn.




(16) The U. S. Plywood-Champion  Paper Conpany wan discharging a )




     brown substance Into the Channel viitcrs from a submcr&cd oui




     This  outfall was  physically located approximately  948 feet: 1




     the eastern crown of Vlnce  Uayou, 3'il firct from the  pipcn cc




     the dock to the lam! facility and 19 feet into the v.-ater fr<




     Channel's couthorn bnnl..  The discharged n;itcrlnl  \.\TB flo.it:




     the vmter'c surface ncrouc  the entire i.'Utli of the Channel.




     was easily traced ilovnslrc.tia for a mile.  "1'iic 1KI.S inriicntc'i
     thin  outflow vitr.  vllt;tttly ir.in ;:r linn  tltt  .-i^il




     the Channel w.ittrs.
                                                            ici.iptirntui e  nf
(17) An oi.1.
                   vast  in progress  al iliv Crcvn Cnil.r.il 1'ctroliMiti
     ntion's  Jocfc area.   One Inrp.t Ii;irj;c
                                                 0:11- nu.ill
     at  that  time.  The rcs«'Jr.lu~  of! tHcl:  follo'.-tJ llic  uotl3i till:: r.plU ITU cfjit^iifd  Co




     thin  ui'M, hc:Iii[; iipf I'O'X'-irttrly Vtl ftt-t lou^ anil /.'.'iT«};ln;j t»l




     wJd(;.




(19) 'Jhcri:  W'ro frur nciMr^lf .nnv*  «Ilirj! 3;  (. (vjiifjowj) fi'fvi rJtliJn the




     coi.irJc'K of O.I fn r.drin-iir.vtifi'rv.   Uttc'Di  l<«j.,il 3rijii  trtil'i'  11

-------
a)  The most upstream outfall was  1160 feet  from t!:c main dock
                                                                    259
and
     is further identified by a  sr.iall building  on the dock.   The




     elevation of  the outflow was  at the water'G  surface.




b)   A second outfall was 10? feet upstream from  the main dock.




     It was located  approximately  halfway between the two larp.ecjt




     (locking areas.   The elevation of this discharge puint wns




     slightly above  the water surface.




c)   The third outflow was located in an indentation of the




     southern shoreline approxinnlcly 42U feet  downutrenm from




     the main dock.   Hie elevation of the discharge point was at




     the water's surface.




<1)   The fourth outflow was lor.it til 770 feet dci;nccrcn:.i from  the




     main dock.  It  w.iia on Lite shoreline uithin another docl'.liif;




     The scarce of this outflow  appeared to he  the five (5) ntoioge




     tanks configured in a ro» parallel, to the  Channel's ehorcljue,




TIic  thcrni.il Iribgery at list IFXS indicated that the third outfit




(«c  somewhat warmer titan the r.^Aiic.M tmpcrnliirc of tlic Cliannc:],




v/atev.




      All of ttic cffluciitu rwcci»l  l;lw ivronil conuinteil of




bro.;n Babt.Lauccfi wliicft txrt Leln;: ; clr.nrly viiiiliile tnvt i-vr<: ji^"-Jt !<
-------
                                                                            260
(20) Four  effluents were  detected within the  conplcx  of Annco  StJicl Corpor-




     atiou at  the time o[ this mission.  (Three of  the four ware detected




     during tlic  previous  day's mission.)  The tirnt wan n binall Lll cHu-




     chargc viho.tc source  VMS located on the Channel's northern chovc nt




     surface level adjacent to the  waste treatment plnnt.  The second




     effluent was an ornnr.c substance, ar.suucd to be  fcrrii: o/.ljc, locfitcd




     approximately 370 feet downstream from the oil outflow.   Tile dlr.]>c;r-




     sicm pattern extended one-third of the nay acvos:; the Chtiniiel and




     could be  tmccd dn»roj;Jin;itcly 1030 feet.   Tim third




     effluent was n cliarconl-colovt-J substance, and VMS beiiifi  d I




     immeil'iatcly clovnstrcoxi of tlic  oraiaf.c effluent.   Thin darl;




     wan  assi'mirj to b«r ,~  c VMS locnlcd IfilO




     feet  dovmstrrnn free; Llic orn«ij;<: watt leu  source nnJ conriiitcd of n




     dart;  EuliBtnncc lictpif, dif.rli.irfjc.-I ni%ir tlic Kvirfnci-.    Thin  11,"il.eri.il




     £Jo,-,ttcl on  ttie M.itc-ir'c surface- nlon?. Uic northern tiliorc- nnd  ext




     do\.'nr,trcain  2900 feet  before cuKjiJc-lcly diii^criiini;.  The cjici.iic.il




     con.'itlrutuicy oE Hie  culi^t.-iiicc  WJ,T» not dt-tcrulucil at tlic tjlwc of tliln




     mir.fi) on,




           I.  v-ir/'t  oMWut ion .->««! ctot'fl ir-.-'Uou |ioi.':r Ur.-M'  |HMir.1» nml  olhnf




     nrnircrt,,

-------
                                                                           261
           The  northern  two quadrants of tin;  oxidation pond of /




      Steel Corporation's waste treatment facility contained a r




      amount of algal growth.




(21)  Tlio small wateru.'-y, located betm-en the complexes  of  I'honp




      Chemical  Corporation  and Phillips Ciicnicnl Corporation, wa




      as a conduit for the  discharge  of a yellowish-brown  suU




      the Channel uatcrc.   Thin cuhst.incc traveled DUO feet dowi




      before completely  dispersing.   Tlic chcmicii)  n.ituro of this




      was noc determined .it thn tiuc  of tlic flight.




(22)  A minor oil spill, from a 6hl|>  docked at the terminal loc




      eastern t>ouiitlary of I*!v«)li|>s Clic;ilcllcl: v.ia
                                        anJl 230 feet Ion;;.
(23) A small nnauriL of i»il  v.ir, l>clti-  «Ji:icli.iiT,' d from n  rhip due
               iit  tcni.in.il  »'£ llic T&i'd  Siil|«yar:l  Coj-poi'fit Jon.   11




     slick vnir, 32.; ftet lout; am! .-v,, llu: v.nlcr  l« tlip i (inlli of Hrc-c'lin llnyoll




                rd n  very «C.-iirt:  p.rnyfiAi-liTWn.   Tho SIHp Chnfllll'l ]>1lotOQl'nn1l(*'




     in n yc ^ l«v> [oU-ltL'u'.nt rcrintf tloi»  Jan^r£i<-it<'1.y ojtiti'crii  fro.n {ii'ccuo Ilnyoll,




     dlrrr.rly rnuth  frcv.i flu- ci.vffii cto'ir.:--'I tift.]', of Toilil SIHp Ynrdfi.   At..

-------
                                                                         265
      the confluence  a  definite color boundary appeared which  t   versed




      across the mouth  oE the Bayou  and extended  down-channel  Co1: a




      diutiiucc of approximately 1400 feet.  At tills point, the dispersion
     pattern of the waters could be seen ns they  nixed.




(26) In  the lower region of Greens  Bayou, only  one significant




     was recorded.  A yellowish-brown substance flowed into a




     bar;/, -([ockliip, area vhich was 148 feet vJdc and 5Ub reel: i
                                                                I fluent
                                                              octangular
                                                                length.
     This  rc.ctnn^lc vas rppruxiuutuly 220 feet uputrcnm from  tmu
     boundary of 'uwld Ship Yards.  The cttlvunt  followed the



     of  tl'iir, area and Llicn floi.'cd out into Greens  Unyou.  The




     tltio  oittf Jioir vr.s tract"! from tluc rcclangulur  untcn.'ay nl




     to  a  nc'Ccliii^, j.onr(;e cfflutnt cwinjiflUnj frm:i n  point cm  thn




     notrthcnt fihorc at  tlic riili* ClininM.-!..   llr. JncnUon ir fhlcd itpun n




     very M.irJ.l J.ri >d pvicjocifon u!«4c!« U..T; 2160 f<;-ct itoumitrc'dn  train Vhc



     penlUfiulr.r t.Ip oC  the r.ir.lryw lunnt of Crfon; l!:iyotl (inil 1130  £cot




     upnlrcnr.i freuii tike t\.-\ln dcvclt of tl»c Vort llou:.1('ii Bhlp Yni'd.   Thin




     effluent |il'o'"V,i'iit>"w'
-------
           The substance in  this effluent extended  nearly one-half mi..e




     down the Channel before  dispersing.   In addition to tl.3  aforementioned




     effluent, an  oil effluent was being discharged  from the  same po:.nt.




     The source of thccc discharges vus  isolated  to  a email building




     measuring 12  feet by 20  feet, uhich extended  roughly one-half i




     length into the Channel  water.  Tlic oil slid; could be easily traced




     to  points downstream beyond the Port Houston  Ship Yard.   The ovurnll




     length of the click vzs  about one nile.  The  outfalln ri]ipe;ircd 1:0  Iv;




                and under discharge pressure.  In an  nttc-inpl. to l,;ola




     the source(s) of ilicoe wastes, the  tlicnaal liunp.cry from  the lltL!




     carefully exainirirJ for cluics.  It coal^I be ctfn in thcnc data tlint




     there uerc sevrrnl uncIiLifcroniiiJ pipc.^ IcjJIr.,^  to the nliovc--.nc'nt'iiiiie(l




     building,.  Thc-st: pipes MCTC traced  In a norLlifrly dilrcctlon froi
the Channel to the  area occupied by
                                              .-iii:! r,-i]icr  Coinpnuy  (Fl(
ll-'i) .   1C was doc  possible  to (Ifncrrn  Jf  all of  the- plpcn Jontl  l




paper  company's  coaplcx.  Jtoreowtr, Itw clavnlc  po]<(kr Jniluntry  i
                                                                           ,tire
                                                                           o  tlio
                                                                           iu-
     clinryc docs not cotiitiiCii'  lite quantity of oil c««jirli.Jlnp,  the  /iljov(|r




     ncntloiiLd elicit.   The conclu^Ioti i<«  bi- dr.n.'it  In  tlinl:




     mny  luiyc' been dir.cliarttnj,  oil .it ilur outfall.  Joccirnl:lnn'n




     nhlnir.ilni', pond,  Icc.-itr.l iidjitni'iic !« Itt,"1 C}«i«nf1 *fi cisutliiTll nlau'ft.  Vlio




     {•n'J.ii.nl  t'jM.nJi:!  ri'icrlj' 7M1 frtt tr.tt, tl.-r Cltm.iii-l frcu,i ih". |'on>l'n




     lii-.imiiitnr. I'-tr.  Thr  LI.. loiJ «r.>r,, fjv.-r <;..•  in*; lie.- Hi  i (iiio

-------
                                                                        261
     war. inniGuIint warmer thnn  the Channel's  nnbjent temperature.




       . i.r.    JiKtmicc had  traveled dotinstrenin from the weir  nppr



     1000  foot before it had cooled to ambient.




(29) Oil discharges from the Port Houston Ship Yard were  obucrvrn




     the plcvious mission.  Because of the oil spill, discussed  :




     D(27)  above, positive verification of any oil discharges  frc



     facility could not be made.




(30) An oil click extended, In mid-ch.ir.ncl,  fro:.i Tcnneco  ChcmJcn




     dock  downstrufm to a point near upjior Boftny Bayou.   The sHi



     originate fruci the nbovc -cautioned facility.  It van nppro>:



     4350  feet Ion;; ati:t 160 feet  at. its uldc-sl: point.




(31) There was a very Email oil slid; prci:on£ nt the time of fli|




     lower section of the Bogc.y E.iyou E£sin  adjacent to Slicl.1  01
     deck.
          An  oil  fipill of lai;;i-r  ffftfofLion ua::  d3.iit;it jnp, from  SI
docking  complex in Ko;;;;y  bayou R
                                            Jiricdi.t -:ftl.y iid.lnccnt  t<
                                                                 The
                                                                (iiuntoly
                                                                 during




                                                                 i Section
                                                                  thi
                                                                 Company'B




                                                                 : did not
                                                                it in  the
                                                                 Company's
Llio
     Channel.  The rcnultant click Ifollorjc*! tlic  Clian'.id'ii southern chore-




     line dnwistriiam for a^proxitinicly *)05 feet.




          Tht1  tricklJut; filler  in Shell Oil Conpttny'to \t:\utc irL-uknciiL




     fnciljty, J.orrttcd ne'.-ir Eoj;^,y P.j-y« • Ur.i:!!!, Jir-d  iw> r.oiv,lc'.-r]  f.roul'h on




     the nurfncc  layer (jirtwjrtlii,  itv&lealtmz, tern linn inptlwun trcnl.i.iciit.




          Sholl'n  oxitl'.it lion potwl.  JmcnB^J .-•Jj.-'toit  t« the Chnimcll'H




     ooutlicirn  oliorc  antl tli^ wc'Ktcrn I.«i'«u1: of fVJtrfcf: l-nyou, rnntnilitcil




     nonic nlf.n.l Rrov:th ort t!ia wnicr's J^rficc ^'inl /irouni) the cnt;:lrtt




     periphery.  There v.ir, .1 r.^.-JI  owtflfM (rtn  lliln XIVLM Into  P.itrJck

-------
                                                                         265
(32) Oil was being discharged from n  ship docked  nt




     across Che Channel  fro-. the mouth of Patrick E




     oil slick extended  down the Cluinncl for npprox




C33) The water in the  lower region of Patrick Bayou




     warmer than tlic ambient temperature of the Clin




     water  flowed out  into the Channel nnd tlie Cher




     feet down-channel from the peninsular tip at t




     Bayou  before achieving tliorual equilibrium.   1-1




     settling ponds operated by Diamond Shamrock  Co




     into Patrick Bayou  and nt the point \;l.orc the



     Ship CEi.i:incl.  The-  source (c.ro outflows) of  th




     located uithin the  al ove-ncntioiipal conjirny'»  c




     were located 2300 furl. .-»;>iJ 3000  feet rc.-.-pcr.Uv
                                                          the
      the  Bayu-j';: rig'ut  anisic l>ciul.



      Am outflow w;:s  located do:>nyo-,rr.<:trc.-.r  n|.|'i'fJ:Jiirtr]y  SCO feet before finally
                                                         Inrgill,  located




                                                            .   The resultant




                                                         natcly 1020 feet.
                                                                    cr.ntly
                                                         icl writers .   The warm




                                                         il plume extended  2800




                                                        c mouth of the




                                                        irly nil of  the
                                                         >nny \;crc
                                                        nyou Joinn the




                                                         warm  dicchavp.c wan




                                                         '.p]cx.   Thcoc outflo\;a




                                                         y u|)Kt:rcnm from
     dispersing,  lil.ii;




     nnd H.trtf, Company.




(3S) A Mil.Tll  cvtl s.J.ie'1:. i-is




     bct(Ancn  the injb
-------
                                                                          266
(36) An  oil slick uas  observed directly beneath the power lines




     which crosr. the Channel approximately  one-third mile upstro




     Harbour Cut.  The sltck was  15'»0 feet  long and 330 feet wid




     source o£ the oil could not  be determined.
     SectionjC ^ JL2 l._JuLy_ A?Zix. -i Ai?JLJ!S!Lr.£.




(1)  A ship,  docked  at Build jnp, Ko. 10 of  the Ifavi{;ati.onnl




     V.liarvc:;, was discharging  a bl.-icl; substance into  the: Turning
     The  blacl. substance
                               floating and van not: dicpo.vc Jnp, inl
     water.   The chcaicnl constituency of  this Bul.'i.l'once \me not
     mined at the  tluc of lliis




(?)  A yellowish--!iro;m subst.-ii.cc of iin!:no;rj)
                                                         nnturc vaa
     to be float-in;j  on tjie surface of the. Channel v:atcrn  from (1




     Basin dc^.-nstrf -'n bcyonil tiie  RoiHh of Sir-K B:\you.




(3)  A ship uhicb w.->c ctocl:<:«l at  llic SliJp Civinncl Cor.iprccc Coiiipni




     van ur.r,IilTi[; out. into Lbc Clirniicl mtorr:.   The culml.anrc £01




     the finrHacc of  the v'.itcr Jndlc.iLcsl n lil|'.h concentration of




     or similar cintcrial.  A fini.ill oil slid,  float c-il near the be




     ship.   Another  ship, ilocSxd  further doi'n  in thin co.iplcx , v




     chargtnj; v;?tor  coutaiiiin^ oil.  Tfhc rcKn)l..'tnt fillrl:  covcrt'i'
                                                                       nd
                                                                       m from
                                                                          'Hie
                                                                       cL Public
the.
                                                                       dcter-
                                                                       bfiervcd
                                                                        Tin: nine.
                                                                           on
                                                                       ctcrccr.t
                                                                       of  tl\e
                                                                      i)  die-
                                                                       the cnf..1rc
                                                                       th.
     v;ii!th  of the Cli.innrl stn-' vas flpfirosJi-aUrly 1/tOO fcc-t  in




(A)   A yclloi.'/sli-p.ivy  rlffliiunt vv.s Win;; «!is-cb.'ir(';c-il .Tt  t»:o I'olnl.'ii  in the




     Wfit.M'i.vy (IfiviT.-it rc.Tni frn-r ilrrrjr.nn r.«-«-l ^mJ lo 1:1 if-  enpl  of Hini.ly It-lond.




     Thti  locntJon of the r.O'ircc of tl«es<- cffJi'^nts \;nn  Staiiffcr Cluiiicnl




     Cor/.pnny.  Onti t'tr.crmr^.'> pnlnL »v.is *,1jovc  thr »Mlrr  mirfficc inn!  the

-------
                                                                       267
(5)  Small, scattered oil slicks were observed around  the  hi




     Channel adjacent to Charter International Company.  Th



     the oil could not be established.




(6)  One continuous oil slick wns observed in the Channel  w;




     front U.S. Steel Corporation's warehouse dcn.'iislrcnm  boy




     of Gulf Compress Company.



(7)  There wns a  yellowinh-broun substance belli", rtificharyod




     enclosed barge which vas tied to a clod: on tlic northtr




     Channel approximately 890 feet  upstroiim front tlic  U.S. f




     The chemical constituency of tliir.  outflow war. not dote-



     time rown r,ulir.tntvt<- niJ li.-d  nuiatrmu: oil r.licl'.D.   Tlio nource(a)




     of these polluC.iiHr. could not IT'  «'t.-lnliHr.licil.




(11) Oil vtin bcln^ criscli.irf.td from n nulotrccil oulfln'.t locntrJ  an the




     (jouthonot.cn".  p«virllf«w of Sims Kayoa Viifnliij; Dmvin.  1'hn outTnll Wdn in




     thr complex of At 'iimtt -E!'rl«( if ]A Kf fining Ciiiiipiiny,  I'tD  frt't vent of

-------
      their main dock area.  This  slick covered most  of  the Sims linyi



      Turning  Basin.




(12)  Oil was  being discharged  from five separate  locations along tlv




      southern shore of the Ship Channel.  This area  IB  within the A! Inntio-




      Richficld Refining Coopnny complex.  Four o£  the five sources n£ oil




      were seen to be from discharge points on the  Channel shoreline




      Another  was flowing from  a barge docked at thir, facility.  Thc:ic oil




      clicks  traversed the entire  width of the Channel.   The dinclm




      pocitiont, arc at the crown of Sius Bayou Turning Dasln, 1,100 feet,



      1,565 feet, 1,705 feet, 2,265 feet from the crown  of the Turn! ,15 IJasin,
     respectively.




(13) Oil was being  discharged friw  the apex of the Texaco,  Jncorpo



     slip and at the peninsular projection directly ncror.s  the Chn



     from the mouth of Vincc Bayou.   The oil In the Blip  did not aj




     be dispersing  into the Cfmnncl waters.  The oil click  cnanotli




     the peninsular projection cr.tcndcil ncron; ti;o~ thirds of tlir. vl
     the Channel  and dmnnstrcam for  .ii>j>ro;-Jir.-!tcly 930  Tcct.
(I'l) The U.S. PlywotKl-CiianpJon JVpcr Cocvjsany'c iiiiU
                                                            oalf/ill \:t
                                                                      ntcd
                                                                      icl
                                                                      pear to
                                                                      !• frow
                                                                      Jtli of
dor rly
     viciblc.  The minr-'fty of the itfi.clt.-rgo of the rcDtrnce




     into Lhc  Channel waters wae not jtn great an rcrordal  in (.vcviouu




     flipjitn.



(15) lliurc vititc  nuMcrotir, Einal.t oil r,JJcf:s ncrcau the cnl.Ires Cliiiniicl froti




     Tcxucu'u  facility dowiir.tirir.in lo lite Jo -»-r liotnnljiry of  U.S.  l'r>\fooil-




     Clu'WpJon  l'n|inr Coriipiny'C'-rnc'iUiy.




(J,C) Tlio Cvov'li Criiurnl I'tUfoIcv'-.v Cfvrj o.r.tllr»n ».is 
-------
                                                                         269
     o£ oil from two shoreline  positions and  from its Blip.  The ti ) uhorc-




     line oil  outfiilla were 70  feet and 80 feet  clowngtrenm,  rccpcct Lvcly,




     from the  eastern bank of the clip.  The  resultant oil sHclt Lrwersod




     the entire i.-ldth of the Channel and extended dovjnctrcnm for 6,'iOO




     feet before showing signs  of dispersion.




(17) An oil discharge was observed in Cottonpatch Bayou ndjucent to the




     complex of llorton mid llorton, Incorporated.   The entire bnrijc-lockini;



     area wns  covered with au oil slicli.  The slick v/a:; tUepci-Klng Into




     the Clifiunel vatcrs and was clin;»ln;; to  the  southern chore-line.




(10) Three oil discharges verc  observed cnun.it Jng fron the Harrr.n Petroleum




     Corporation.  One was fro:n the rii-.lil arri of  the CorporntlouV; main




     dock witfifji the tiouth of Hunting Bayou.   The other i\to




     wcrt cin.inaeini; frotn sliotclinb cfflucnL  point.1;.  These eciuvceu are




     locntcd 655 feet nnd 2,320 feet respectively doiin-chniinc).  frou the cn.itcn




     tip of  the uoirtlt of Hunt inf. IS.iyou.  Tlitce slicUs .'ippcrccd  to l



     Btatioiiary ,-incl covered Kont of the viilth of  the Ohnnncl (FJf,vue C~f!).




(19) Three of  the four outEnllc irliacc locatlonn \rltliJn OHn  Covpon rlon'a




     conpJ.r->: arc p.Iven in parngi cphr: «i, c and  d  l  f>ivi-it ;ir. folJow;.:




n)  Tli2 niont upsrrcai.i position vnr. JIM  fuel  from the- i.ioln  dot|V.,  nr.d




    v^iui furtiu r iclcnlif (t5: ftti (np.Mrw. i  fj-f.'i Hit1 iiiriJn  dock.   It




                                      / |.'~lrr:n tl'.r t'-n l.iri'.rnt

-------
          areiis.  Tht: elevation of this  diccbarcc: point \rnfi nljjjhtly above




          the water surface.




     c)   The third outflow was located  in an Indentation In tl c aouthc'.rn




          shoreline approximately A20  feet downstream  from the main  dock.




          The discharge elevation was  at the water's ourfacc.




     d)   The fourtl outfloir  was located 770 feet dounstrcam fijom  the main




          dock, on the chord!ne within  a large docltlnj; area.  Tlio source




          of  this outfloir  appeared to  be the five r.toiragc tfinUf configured




          in  a rot/ parallel to the Gunnel's choreHnc.




(20) At the  time of this  mission, seven discharge ucrc detected within




     the  complex of Annco Steel CorjK>i:ation.  Tlic first: vjao a Binall oil




     discharge frcxt z unall  licncli wMcli in coninon to  the boui c
Armco  Steel mut Warrcu Pctro}ru:ii  Cor|ioratlon.  A  clinch, .,




the Arr.ico Stct>l cor.plo: to the trcncli vas recorded.  The



was fil£u n r.n.ijl oil  discharj-.e uiiosc rourcc Is located 01
'i'hc  third effluent was quite i^-all durina this r.iisr.ion.



approxlnintcly 370 feet iT«-:n;!lrcaii fro-Ji tlio. tfconj outCloi
                                                             dary
                                                                  c from  witliln
                                                                  cccond  outflciv;
                                                                   the  Channel's
     northern  :;!mrc at surface level, fdjacent to the \tar.tc ttcatuiont  plant




                                                                  It woo  located




                                                                     The




     material  dirr.MirjjuJ MO:;  fn orfln^c r.ulir.tnncc tthlch \ine ntstuiucd  to  lie




     ferric ox id it.  The fo-trlli c'ffl<«o-t VPO en oil dJfclctrjjo, c>ji(inniiii{;




     from f sul»Jtloii of tliic outfnll \|fli, 1,025




     fiifl. flovuntre-T.i frc>:v  tf»n ilnlid i!inc1inri;L<.  '/'lit! fifth ouLJ'lo\; wno  nluo




     oJl nnrl i.'iir, lociiftt! ?00  frt-S «!cr»r;jf tr<.-vn frwi tilt fourth.  Tlic  ulxth




     outflti1..' \ i'x n l.nrf;i"r  rlfr«:Piarf;c of oJJ, lociitcd 2,000 feet! clo'./iint.iTfira




     f.roin tli'i  fjftli.  TWJ.'i. ('f'-.d^'c*1 rc::«!t<'l In t\n oil  ul Icl: tlint  cxtciMlt;d

-------
                                                                       271
     SSO  feet  south Into the Adams Terminal Ilasln.  The ECV



     was  a brownish-red substance being discharged Into the




     source was immediately adjacent  to the sixth.  Thia BU




     assumed  to be ferric oxide.




(21) A email vatcrvay projecting southward from the Channel



     between  the complexes of Phosphate Chemical Corporatio




     Chemical  Corporation.  An overhead pipeline jiacsca ove




     near its  mouth and connects Phosphate Cht-mical'c comp!



     Terminal.  A ycllc«:;jEh-bro-jn substance wan being dlncl




     waterway  anJ subsequently into the Ship Channel.  The




     of thin substance was not dctenalncd  at the tine of tl




(22) Two  shiys were docked at llit tcruinal on the caolern 1



     Phillips  Chemical Corporation (ccct of Ada;.-.-. Terminal]
     discharging  oil  into the Channel.  Tlic resulting
     half the western shore of tlic watcruny  ndjnccnt to thf




     two-thirds  of  tlic Channel':; width,  respectively.
(23)  Ti.-o
             u were  Aisc.\tzry,l\\z oil v-lLhin tli*' (; ltv*"'.i llit'., polnl .




          Tldr; efClucnl ir.i.'t flluffttufnz lido  tho Ch'unuJ In n ].oi>8  rlltboiv-

-------
                                                                          272
      like configuration extend!FIR approximately halfway acraaa




      The chemical  nature o£  tills Eul>!--t;ir>ce MB not  determined n



      of flight.




(25)  A Inrgc effluent was recorded, cRanatint; from  Ethyl Corpot




      skimming pond.  This pond was located adjacent to the Chan
      southern shore.  The effluent consisted of a yellowifih-brov).1 Rulistnncc
     which traversed th; entire v.-idth of  the Channel  and extend
     matcly one-third  mile
                                         before it bcjjnn to
      th't Chanrifl  uaterr..  The  therranl iinrj;oi:y fro:n  the I1U.S indicated that
     thi«  effluent haul a characteristic temperature greater tlia




     flr.:Ment tcnperaluirc of tlic  Channel




(26) There was n small oi) slid: observed alon;1. thu f;cAitliiTii »;h




     Channel jiwt doi.T^trvnn fro:; tlic ra.ijn docl: of Tt-nncco  Olicn




     Corporation.  Tin.' rourcc of the oil IMS  tin outflow  locritcd




     downstream frm Tcnncco Clict.iisl Corjior.-.tJon'r. ri.-iin docV..




     ini; nlict; was 1S5 ftct wide ciu! 375 feet Ion;;.




           A discharge  of r. grl?!cl: MibctAncc flo'.icd fro;n
                                                                      c  Chnnnc-1,
                                                                       the;
                                                                       ion's
                                                                      I's
                                                                        approxi-
Jnto
                                                                       the
                                                                       c of the
                                                                       ul
                                                                       f,0 feet




                                                                      lie rc-i;ult-
                                                                     n nmnll




     dock SKI-,  located J ,030  fee!  dcvi>slrc.r: '.  frti;:i Tcniu.-co Clivnilcnl  Ccirj'ora-




     tlun'c main docl-..  Ihlr.  ciilisl^ir.cc l.nj drifted nci'or.i; the Clliannel mid,




     at  the tine of  fjf~ht, r^pf-.-ixd lo IIP jit^tloiv-iry.   Tlic c)i«;ilcnl  niitvij'c




     of  thla r.ulipi .'inrr v.-.t. ncvl dclcr.i-'fu'-i' rt  the til wo of fUr.ht.




(27) Two  cUiuii'itn,", poir'.-: Jor.p.lt-.! lialtvjr.n tic; i-nlti dos'Mn;; ort'.T Of Tcnnoco









     oil.   Thcnr  pc/iifh; vc.rc otv-rrvit t lo lur dir.ch.tr^inf,  Jlito tliu Chiilittel,




     Tln.T.c:  dj'-  ]ip.i:f,«:n  \-ctr. virtually frit <•'  o31 /it Ihr  15iiu- ri* thi! flighl'.

-------
                                                                          273
(23) A moderate discharge of oil  was recorded  at the uutfnll on th




     southern shoreline of the  Ship Channel  Immediately  downstream




     the  Shell Oil Company docks, located  in the Doggy Dayou B.iuir




     resulting oil slick was ribbon-like in  width and extended dov,




     Channel nearly  one-third of  a nilc.




(29) The  thermal inaeery recorded by the 1P.LS  indicated  that the  o



     from Pntrictc Bayou into the  Channel vas agnin wnruur  than tha




     temperature of  Ittc Channel \.-aturs.  The data also indlcntc-d  t
                                                                         from
                                                                           The
                                                                          the
                                                                         tf low
                                                                         ambient
                                                                         at the
                                                                         pproxl-



                                                                         n flontlnc
                                                                         in
(3J) A  cIiJji van ohrtTvcd iri^r.h^rclni; oil In  the dod:ii«r.  ni'ca, locn  cd




     between Tucl'.'jr  Dayou1 wl IMiIllfiic IVirolcJn couple;:,  on the n




     t horellnc of  the  Ship Channel.  Hiic rctiilUs:;; oiJ, nlicl: rpjicnirtd to




     he rcr.uvinJr.s  in the docJ'.in,^ nrcfli ami'' <"!'l  not iJ':,yi:-;'! he diuclirrj-in,-; .1 cnal.l r.n&Kiil: of oil.




                               .h^rclni; oil In the clot-Hit,", nrca, locn

-------
27'*\
AITI:;:UTX u
HKAVY MI.TA1.S - IIOUSTOJ: Slill' CHANMlvl.
Location
Xn
ur./l
I'b
Cu
- JUKI; 19 7J
Cr
Sanplos collected al Morgans Point -June 23
Mile




Mile




Mile




5 :;t




lllic




Mile




Ml. l.i-




;|| | (,




0
Surf nee
1/3
2/3
Hot toiii
2
Surface
1/3
2/3
Hot to.:i.
/J
•Jut'tieo'
1/3
2/3

tc Crit
Slirfflr.T.
1/3
2/3
Hot ton
6
Snr f.iFf
1/3
2/3
Ilo[Lr,. >
C
fiirrr.'ic.T
1/3
2/3
Hot to:',
JO
r.urf.,fi'
J/3
2/t
1. )t If.;,
.13
r;,M. ;.,,..,
i/'i
2 /'l
1,0 t t ( 1

< .15
< .05
< .05
< .05

< .05
< .05
< .10
< .05

< ,0!»
< .05
< .05
< .05

< .03
< .15
< .03
< .If)

< .03
< .(»!>
< .Vj
< .V*

< .05
< .0'*
< .fdj
< J»'j

< ,tr">
< .(Vj
< .ff*
,'r'i

< ,'t'j
< .fl'V
< '.n'i
< '.f\>\

.?3
.23
.24
.27

.21
.24
.24
.23

.31
.20
.K.
J'Ji

.26
.27
.25
.34

.IS
.71
.72
.25

.1'*
.Jfi
.72
.?'•

.1'.
.I/
.IK
.?>

.n
.it,
. 11 ft
.71

.08
.07
.00
.10

.07
.01!
.OS
.10

.07
.07
.or,
.07

.or.
.on
.or.
.17

.06
.06
.05
,0'J

.or,
.06
.or,
.07

.or,
.o/.
.Of,
.<)/

Jl'l
,<}(>
.07
.'17

.03
.03
.02
.03

.02
.03
.03
.03

.02
.02
.02
.03

.02
.02
.02
.03

.01
.01
.OJ

Cd
in,"./]


.06
.O/.
.05
.06

,0/i
.O/i
.05
.06

.05
.06
.05
,07

.05
,0/<
.or.
.06

.O/i
.06
.06
,OT .OIi

.03 .03
.03 .03
.0/1 .n/i
.O/i .03

.03 .03
. O/i . O/i
.O/i ,0f>
.<)/ .03

.»'» .03
.02 .03
.0.1 .O/i
.O.1 ,0j
"C


O./i
< .2
< .2
< .2

< .2.
< .2
< .2
< .2

< .2
< .2
< .2
< .2

< .2
< .2
< .2
< .2

< .2
< .:!
< .2
< .2

< .2
< .2
< .2
< .2

< .2
< .2
< .7
< .7

< .2
< .2
< .2
< .2

-------
                                                               275
                    I.X U  (Continued)




HEAVY MKTALS - HOUSTO;.1 Sl'.IP ClIAKiJK]. -  JUKIi VJ71
Location
Mile




Mile




t-Ulc




MUC




Mile




Mile




14
Surface
1/3
2/3
IJottor.r
16
Sur f ace
1/3
2/3
Hot Con
1C
Surface
1/3
2/3
HotLon
7.0
Surface
1/3
2/3
Hot Coin
22
Surface
3/3
2/3
r,otlo:;i
24
Surf net;
1/3
2/3
DottOM
7.n n>
mp/1 tni-,/1

< .05
< .05
< .05
< .05

< .05
< .05
< ,n5
< .05

< .95
< .05
< .05
< .05

< .05
< .05
< .50
< .05

< .05
< .05
< .01
< .05

< .05
< .OS
'. .05
< ,15

.12
.15
.19
.24

.11
.13
.10
.21

.10
.34
.18
.22

.J-1
.13
.1C
.74

.11
.17
.17
.23

.)f»
.n
.12
.2ii
Cu

.00
.05
.04
.04

.04
.03
.05
.06

.02
.04
.05
.05

.04
.03
.04
.07

.03
.02
.03
.Oi

.07
.rt?.
.02
.03
c:r

.02
.02
.03
.04

.02
.03
.03
.02

.02
.03
.03
.04

.02
.02
.02
.02

.01
.02
.02
.02

.0)
.02
.02
.02
ca
„ •5&/.1

.04
.04
.06
.06

.04
.OS
.06
.Cf>

.03
.02
.03
.05

.03
.02
.03
.or,

.02
.OJ
.05
,nc,

"8

< .2
< .2
< .5
< .5

< .5
< .5
< .5
< .5

< .5
< .5
< .5
< .5

< .5
< .5
< .5
< .5

< .5
< .5
< .5
< .5

.02 2.0
,03 < .5
.04 < .5
.or, < .5
liirr.rh Rt.
llv.l
SJHilil
li'/y

MUf




cl';f'
llayou
7.?..r) Mr
S,'lllpl
01
.19

.02


.Ift
.lit
.JW
.?<
.11 3

M
",v,5., ™«i

.ftf.
.«.•",
.fl'-i
.17
.0)

.13
.h.m 2/i

."7
.07
.fin
.m
.07. < ..'>

< .01 < ..'>


.03 < .5
.1)3 < .5
.03 < .5
.04 < .ft

-------
               APl'KHDIX B (Continued)




HUAVY  MKTALS  - IIOUSTO:: Still'  CIlANIlli!,  - JUNIC  lfJ71
Location
Mile 2




Mile 4




5 Mile




Mile 6




Mile G





.06
,f»7
Cr

.09
.09
.09
.10

.09
.09
.08
.06

.06
.06
.07
.03

.06
.05
.06
.06

.04
.04
.05
.07

.Of,
.06
.06

.Of,
.06
.07
.07

.CJ6
.04
.07
.03
Cd
J5H/JL 	
.03
.03
.03
.04
.03
.02
.03
.03
.03
.04
.04
.04
.02
.02
.03
.O.'i
.02
.02.
.03
.03
.02
.0?
HU
_JIS/i
< .5
< .5
< .5
< .5
< .5
< .5
< .5
< .5
< .5
< .2
< .2
< .2
< .2
< .2
< .2
< .2
< .2
< .2
< .2
< .2
< .2
< .2
.02 < .2
.02 < .2
.02 < .2
.02 < .2
.03 < .2
.07. < .7.
,n,'( < .7.
.0? < .2
.03 < .?.

-------
                                                            277
             APPENDIX  il  (Continued)




HEAVY MCTALS - IIOUKTOK SHIP CliAKNKL - JUNI! 1!>71
Zn
Location m,",/!
Mile




Mile




Mile




IKlC!




Nile




ML lr




lluf ff
14
Surface
1/3
2/3
EJo C f niii!
16
Surface
1/3
2/3
Hoc Com
1C
Surface
1/3
2/3
UotCom
20
Surf nr.c
1/3
2/3
UotLoi:;
7.1.
Surface
1/3
2/'.i
Hot I HI-.
2/i
Surface
1/3
2/3
I'.dCltr.l
]o Ha you

.13
.04
.02
.02

.02
.03
.tw
.02

.02
.02
,OA
.05

.04
.03
.'3-
.06

.02
.01
.07.
.03

.02
,0'T.
.03
.fl.-i

Wayside St. llr. .n;;
' Pb"
BC/1

.17.
.1A
.16
.22

.16
.17
.13
.25

.16
.16
.20
at.

.1C
.16
.2f»
.2fj

.14
.16
.77
.76

.20
.71
.?(,
,y*

.11
Cu

.05
.06
.06
.06

.03
.07
.l«
.07

.OS
.07
.11
.10

,f!(.
.06
.«J>6
.1*

.0 '
.(Jii
.06
.OP

.Mi
.tlj
,W»
.fifi

.07
Or Cd
	 rar, / 1_ 	 . _ wj\ / 3

.02
.03
.O/i
.05

.0/4
.O/i
.03
.O/i

.02
.02
.03
.04

.03
.03
.0/1
.Oi

,0'i
.02
.Oil
.03

.07
.02
.07.
.07

.02

.02
.02
.02
.03

.02
.02
.02
.03

.02
.02
.02
.03

.02
.02
.02
.0.1

.07
.07
.03
jy-'/i

< .2
< .7.
< .2
< .2

< .2
< .2
< .2
< . ?.

< .2
< .2
< .2
< .2

< .7
< ,'.'.
< .2
< .2

0.5
< .2
< .2
.03 ' < .2

,07 < .2
.02 < ,2
.02 < .2
.03 < .2

< .03 1.3
Buffalo Buy ou
llr.r
Sll.MC
o l'"y
liuy
SJrii'in
1..T.,
i.ii r.f . .
liliycjll
r?'. ilr|, I;,,-
7'/J llrli';.'
lldi'iiu
ni'.'ili! Til. llr.
.11

.•"-.
,?«

.10'
.in

.»"
.17

,10)
.fit

.*»?
jty

,rt?
,'t?

.'•?
.o;i

,t\f>
< ,;>1 < .2

1 .01 1,f>
< ,01 ',).?

< .03 0.2

-------
                                                                        278
CYAtiiur. -
                                      CIIAKM:I. - JUUE
Date
                          Location
6/23

6/23
6/23
6/23
6/23
6/23
6/23
6/23
6/23
6/23
6/Z:>
6/2 A
6/24
6/24
f./2/t
6/K
5 title
tloi-i-au
lUJc
Hilc
Mile
;Hle
Mile
Ililu
Mile-
Mile
Hilc
Mile
UUo
Mile
Xilc
Illli-
Cut surfncc.
'o 1'oint
0
2
/,
0
8
10
12
!/•
1C
18
10
12
14
16
HIlclG
                                            CN
                                           ny./l

                                           < .0:

                                           < .0:
                                           < .0:
                                           < .0:
                                             .0:
                                             .0
                                             .o<
                                             .0
                                             .0
                                             .0
                                             .0
                                           < .0
                                             .0
                                           < .0
                                             .0
                                             .0

-------
	    _                    279
                               	   "" "       i

                     Dr.  J. Preslock




           MR. STEIN:  Dr. Preslock, ia he here bhia


 morning?




              DR. JAMES PRESLOCK, CHAIRMAN


             WATER QUALITY CONTROL COMMITTEE


            FOR HELP ELIMINATE POLLUTION, INC.


                      HOUSTON, TEXAS




           DR. PRESLOCK:   Thank you, Mr. Chairmaji.


           Conferees, ladles and gentlemen.


           My name is Dr. James Preslock.  I am :nairman


 of the Mater Quality Control Committee for Help Eliminate


 Pollution, Inc.  I have  my Ph.D in the biomedic.il sciences


 and I am actively engaged In research in this a::ea.


           We of HBP are  an organization of voluntary


 citizens  consisting of industrialists, housewives,


 attorneys, scientists, secretaries, and other disciplines,


 all striving for a common cause, the eradication of pol-


 lution in the Houston metropolitan area in which we live.


           Ladles and gentlemen, we at HEP are viliry dis-


 turbed at the aecretive  atmosphere which was evident In


 drafting  the recommendations of the Federal-State task


 force for the Oalveston  Bay enforcement conference.  We


 are also  disturbed tfvat  there were no representatives df

-------
                      Dr.  J.  Preslock
 citizens'  environmental  groups  allowed  to  parti

 the proceedings  and  that the  meetings were not

 in Houston, where, if  they were open, we could

 access  to  these  meetings.

            We, firstly  as citizens  and secondly

 ronmentalists, want  voting representation  on  bo

 Texas Water Quality  Board and the  Environmental

 Agency  so  that our views will be heard  in  the d

 recommendations  such as  have  been  proposed.   To
i
j
! meetings is not  enough.  We want and must  have '
i
| representation.  We, the citizens, are  directly

 by the  degradation of  water and air resources ar

 concerned  citizens want  to and  must be  allowed •

 pate in the decisions  made affecting the enviror

 which we live.

            Tha closed doot strategy now  practlce<

 governmental agencies  in determining environmen1
                                                        28o
 Lpate in
 eld here
ave had
s envi-
h the
Protection!
         i
afting ofj

have open

oting    j

affected i
d the
o partici

ment in
 by

al prac-
 tices, such as these revised recommendations of the EPA,
                                                           !
 must end.  Furthermore, all results from all studies con-j

 cernlng the environment and effects of pollution upon the1

 environment and upon the quality of life must bus made

 available to the general public and not withheld.

 Special reference In this regard Is made to the

-------
                                                       2Rl
                     Dr.  J.  Preslock
 supplementary  report  prepared  by the  Environ

 Protection  Agency  for this  reconvened sessio
                    ii
          The  first  Report  on  Pollution  Affe

 fish Harvesting  in Galveston Bay,  Texas,  was

 then made public.  The  supplementary  report

 which was published  in  September 1971 was  no
nor the proceedings of  the  technical  committee which

resulted  in the supplementary  report  and  these present
                                            EP feel  that

                                            1 reaponsi-
 recommendatlons open to the public.   We at H

I this is a serious abridgement of governmenta

 bility to citizens.   We feel that only in matters of

 national security should such procedures be

'and this certainly is not the case here.  We

 this type of policy  be ended by responsible
                                             nental
                                             utlng Shell-

                                              compiled and

                                              however,

                                             t made public
                                             ermitted,

                                             urge that

                                            representa-
tives .
          However, although I condemn the Ei'A and the
Texas Water Quality Board, if warranted, foi

pressed supplementary report, I would also "

commend the EPA for the two subsequent docui
                                            1  the  flup-

                                            ike to  highly
                                             ents  which
were introduced yesterday.  We certainly fedil that the

introduction of more upeelflc criteria such as timetables

is a significant improvement over the original recom-

mendations.  However, we feel that the long'-tcrm

-------
 	  _                                           382

                      Dr.  J.  Preslock


 recommendations  for the  Galveston Bay enforcement con-

 ference  for Region VI, EPA,  is  what we as  environmemtal-

 ists  will strive for and will work for with the EPA to

 achieve  as standards here in Houston.  Until furthtlr

 notice,  at this  point I  will be referring  only to the

 recommendations,  which I guess  I will kind of call  Blue

I Book  I,  which  were originally under consideration by the

I conferees for  this conference today.

I           The  revised recommendations submitted bv  the   j
                                                           i
 EPA and  under  consideration  by  this conference have,  in  j

I our opinion, only proposed to continue the Galvesj;on  Bay |

1 study essentially as it  is under the  direction of the    ',

1 Texas  Water Quality Board, with little or  no direction   j
!                                                           ]
i from  the  EPA,  but with some  assistance on  some aspects   |
i
I from  the  PDA and  the Texas Health  Department,  with  prog-
I
i ress  reports to  tie  made  at soce times  specified  end

i otherwise unspecified intervals.

           As we  know, the Galveston Bay study was

 initiated In 1967 JTor Initial completion in  IfM! at an

[ estimated cost of (US,5 million.  The  origin?";  and initial
I
{ bime 1.1. nit for specific  recommendations from  the  study

 has arrived,  hut yet the recommendations Tor  the  recon-

 vened  conference propfve to continue  the study,  the very

-------
                                                       2fl'3
                     Dr.  J.  Preslock





 implementation  of  which  is  open  tc;  severe  criticism.




          Now we are asked  to  wait at  least  two  more



 years  for results  of a study the conduct of  which  is



 open to  criticism.   This  controversy surrounding the



 conduct  of  the  Galveston  Bay study certainly will  only



 t(snd to  make the conclusions themselves controversial



 and not  definitive.   But  in the  meantime,  indust y and



 municipalities  will  continue to  discharge  into t\ e  bay.



          We are,  however,  anxiously awaiting fo  the



 release  of  specific  aspects of the study which w:.ll be



 available in December and which  will inform  us t at the
water of the bay is, and I quote, in good health
unquote.
Any final conclusions will, however, await criti al



ainalysis and confirmation of the available data



independent studies.



          We at HEP believe that it is neceusary: to con-



duct an additional study of Calves ton Bay.  This new



Sltudy, an intensive waste source survey, should be con-



ducted in a concerted effort by the EPA, the Texas Water



Quality Board,  and volunteer technical staff of citizen



environmental groups to insure that valid, meaningful



data is obtained.  The Galveston Bay study should not be



|part of this survey.  The study must include determination

-------
                     Dr.  J.  Preslock
 of the nature and amounts of  both  industrial  and

 pal waste sources at the point of  discharge and t

 effects of these discharges upon Galveston Bay wa

 and commercially important marine  speciesj such a

 and shrimp, which habltate these waters.  This st

 emphasize the effects upon water quality and  marl

 of discharges of bacteria and viruses from waste

 raflint plants, complex organic  compounds such as oi

i grease from petrochemical plants;  Inorganic heavy
!
'. such as mercury, lead and chromium; colored disch
                                                   nunici-
                                                   • era
                                                   a  oysters'
                                                           i
                                                   udy  must,
                                                   ne  life
                                                   treat-
                                                   l and
                                                   metals
                                                  arges
 from paper plants and steel mills; thermal discharges

i from power generating plants and any other compounds dis-j
I                                                           i
| charged from municipal or industrial sources which are    j

 considered by the particijr.*1';s as potentially harmful to  ,
                                                           I
 human or marine life.  A progress report on results of

 the study should be made to the conferees within six

 months of the reconvened session.

           It is evident from the quality of the water in

 the Houston Ship Channel and Galveston Bay that the

 present levels of industrial and municipal discharges

 permitted by the Texas Mater Quality Board will not

 result in any improvement of Mater quality in Qalveaton

 Bay.   Texas Water Quality Board reports that industry

-------
                     Dr.  J.  Preslock
 generally  is  in  compliance with  permitted  le



 the ship channel, an anaerobic cesspool, and



 remain  in  a seriously degraded condition.  F



 of the  bay is closed to shellfish harvesting




 hydrocarbons  in  high amounts nave been  founc



            However, the permitted levels of d



 by industrial and municipal sources were ill



 in our  opinion.  The polluting industries si



 what effluent standards they needed to  opera



 permitted  levels were adopted by the Board a



 been adjusted upward to meet individual indu



 demands.   For instance, B. I. duFont waste c



 orders, March 29, 1967, as compared to  March
 Waste Control Order
           Volume monthly average ^,300,000 g



 day, March 1967.  March 6, 1971, monthly vo]
                                                        285
els, yet



the bay



fty percent



 Oil and



in oysters.



scharges



conceived,



ply reported
e.  These
d since have
trial
ntrol
6, 1971,
lions per



me 9,500,000
I gallons.
                                             i


           Total suspended solids, 1967, 35 nig/1; 1971,



 50 mg/1.



           However, BOD, COD, oil and grease did not



 change in relative concentrations.



           However, In terms of pounds per d(ky, the data



 demonstrates:

-------
                                                      286
                    Dr. J. Preslock
          Total suspended solids in 1967 were  ], 257


pounds per day.  In 1971 they are now  3,990 pounds per


day.


          BOD was 1,795 pounds per day, is now  3>970


pounds per day.


          COD was 7,192 pounds per day in 1967,  Ls now


15,900 pounds per day.


          Now, we have heard the contention that BOD  in


the channel has decreased from estimates of 363,000


pounds per day in 1969 to lWi,OOO pounds per day


presently, with July 1971 levels at 103,000 pounjls per day.
                                                11
          BOD has been defined as, and I quote,  ihat


organic carbon converted to ralcroblal cells or  t\> carbon


dioxlae by biological metabolism, due to the mic::obial


species present, in the time Interval allowed unjler


specific test conditions."


          The BODc test is intended to:

                                                !
          1) Measure biodegradable carbon in oxygen


equivalents;


          2)  Define process performance in termm of


fiODc removal;

          3)  Predict oxygen requirements for thus pro-


cess performance;

-------
                                                       28?
                     Dr.  J.  Preslock
           U)   To provide  rate  data  of  significar



 process  design and  to  effect of  waste  discharge



 receiving  stream.
          Needless  to  say,  these  are ambitious
for  a  test
                  procedure which  frequently  is
 using organisms not remotely  related to those  r



 for or  capable of degrading the waste substance
 ce to
 on a
tion.
          As Mas stated in the Federal report t
conferees, the 5-day BOD is not a satisfactory



of the potential effect on water quality of the
 [oals
 tonducted
 q uired




  in ques-
  the
Indicator
 Galveston
Bay system since the toxlcity or growth limiting



action of many of the industrial wastes entering Qal-
veston Bay and its tributaries tend to inhibit
oxidation
of organic material.  This is particularly true of petro-



chemical effluents due to the large number of complex



waste compounds not immediately susceptible to biological



degradation.



          So it is possible that the reduced BOD levels



which we have heard so much about actually reflect  an



Increase of petrochemical and related effluentm in the



Houston Ship Channel and not any decrease in pollution,




per se.

-------
                                                      2RR
                    Dr. J. Prealock
          Since we have heard so much about the



BOD levels as a Justification for increasing per
discharges and since BOD is such an unreliable end mis-
leading parameter, what of other parameters such



suspended solids, oil and hydrocarbons, mercury,
cadmium, coliforra, salmonella, total organic detevmina-   ;



tions, dissolved oxygen, and ferric oxides, which are alii



parameters which we should look at before we determine
whether the channel is getting cleaner or not?



all of these parameters have been determined in
scientific manner, the claim that the Ship Channjel is



getting cleaner really is not relevant.



          Let us propose that BOD and COD be drdpped, be  •
discontinued as parameters, and instead a total
lower
mitted
                                                          I
 as COD,



 cyanide,
So until '
a valid
organic
determination, TOD, which involves infrared spectroscopy, j



be substituted as a more valid and meaningful method of




monitoring pollution levels.



          The self-reporting system initiated by the



Texas Water Quality Board to assist in the Galveston Bay



study has been helpful in that the industries report to



the State what they are discharging into the channel and



bay and in what amounts in order to determine whether



they are in compliance with the Texas Water Quality Board

-------
                    Dr. J.  Preslock
permitted levels.  This agreement was  reached bet



Texas Water Quality Board and  the polluting  indus



the Texas Water Quality Board  promising  the  Ship



industries that the data would not  be  identified



specific plants and would not  be used  for enforce



purposes, and I have quoted this almost  verbatim



Science magazine, February 1970.  This system has



revealed a significant norconnpliance by  industry



municipalities of existing permit levels for spec



effluents In that by merely reporting  its dischar



significant number of industries and municipaliti



discharging in excess of perraitted  levels with im



          However, the permitted levels  themselve;



inadequate, are much too high, which really makes



pllance or noncompliance a moot point. In fact, 1:
                                                       289
leen the
;ries  by
 hannel
 or
nent
 rom
ind
fie
 es  a
 s  are
 unity.
 are
corn-
 some
instances permitted levels are three to four timeii as



high as actual levels being discharged, thus demonstrat-



ing that permitted levels must be greatly tightened.



          For example, Southland Paper Company permitted



COD levels,166 ,flOO pounds per day.  Actual reported levele




35,921.



          For Southland Paper Company, BOD permitted



levels '1-1,700 pounds p<»r day.  Actual reported levels

-------
                                                       290
                     Dr. J. Prealock
 3,l4l pounds per day.




           Humble Oil & Refining Company BOD perm




 discharge,10,425 pounds per day.  Actual dischar




 pounds per day.




           COD permitted discharge,41,700 pounds




 by Humble Oil & Refining.  Actual reported relea




j pounds per day.

I

j           These are a five times, a fourteen tim




I and a half times and a two and a half times grea
i



 mltted levels than reported discharges.  These a




i few of examples.  The list does go on.  Also the




! values reported by industry under the self-repor



; system with no enforcement procedures in effect.




j           The intensive waste source survey we p




 as environmentalists should result In a new set
tted
e, 4,016
er day



e,18,025
     twol
er per-
e Just
e are
ing
opose
f per-
 mitted effluent standards which will achieve adriuate

                                                  I


 water quality  in Oalveston Bay along with abatement pro-




 cedures  and precise timetables to meet these revlaod




 effluent standards.  A 90 percent reduction from  present




 levels may very well he necessary to achieve water



 quality  in the Houston Ship Channel and dalveaton Bay.




 In the meantime, the present permits should bo  tightened




 to more  accurately reflect cffl-jcnt levels necessary for

-------
                                                       291
                     Dr.  J.  Preslock
 desired  water  quality.

           This situation  of  self-reporting  and

 must  be  brought to  an  immediate  end.   The  Texa

 Quality  Board  and Environmental  Protection  Age

 initiate enforcement procedures  which  will  inv

 monitoring of  effluents from specific  industri

 municipalities at frequent unannounced interva

 emphasis should be  placed on the  larger Indust

 are the  greatest dischargers.  In fact,  great

 should be  placed on all industrial sources, si

 are responsible  for nearly 75 percent  of all p

 in Galveston Bay and the Houston  Ship  Channel

           When industries and municipalities a

 be in excess of  their permitted levels,  Immedi

 action should  be taken against them to  bring t

 compliance with  their new permitted levels  det
impunity
 Water
cy must
Ive the
c and
s.  Specia]j
           I
ies which  !

mphasis

ce they
llution
e found to
te legal
em into
rmined by
the intensive waste source survey.  Serious consideration

should be given to an Immediate cessation of a.ll industrial

plant activities if deemieti necessary by enforcement

officials.  The enforcement personnel for such procedures

should be made available by Increased State arid Federal

expenditures.  The self-reporting sytitem as such should

be maintained with the data raade public.  Industrie!! which

-------
                    Dr. J.  Preslock
are exceeding their permitted  levels and  those w



exceeding their reported levels as  determined by



ment procedures muat be subject to  immediate aba



and prosecution.



          It is apparent from  the original and r



recommendations that the condition  of oysters fr



veston Bay in regards to suitability for  human c



tion is in question.  It is one of  the reasons t



are here.  The EPA studies have demonstrated tha



taken from Oalveston Bay are high in oil  and hyd



content from industrial sources.



          It is our position that the study to d



oil and hydrocarbon residues in oysters and the



ological and viral acceptability of shellfish ha



areas be conducted by the EPA in conjunction wit!



PDA, the Texas State Health Department and the T
                                                       292
ich are
enforce-
ement
vised
m Gal-
nsump-



at we



 oysters|
ocarbon
termine
acteri-
vesting
 the
xas
Water Quality Board, along with technical staff irrom



local citizens and environmental groups.  The otijdy



should include the determination of oil and hydrocarbon



residues along with bacteriological and viral levels of



both oysters and ttoe waters which they habitate.



          The sampling should tve conducted throughout



the year at a minimum of twice weekly for all designated

-------
                     Dr.  J.
locations, with special emphasis placed  on  obta



oyster and v/ater samples from open  shellfish  ar



the most unfavorable hydrographic and pollution



ditions.  These conditions should be defined  i



period of time dluring or following  strong north



northwesterly winds and/or during or following



rainfall on the north and/or westerly shore of



Bay.  The methodology and criteria  used  to  dete



oil and hydrocarbon levels and bacteriological



viral toxlclty of oysters and waters should be



available to the public.  Progress?  reports, inc



dates and recommendations—Including data---shou



public within six months of this reconvened sea
                                                       293
                                                .ning



                                                sas under
                                                 con-
                                                 that
                                                 or
                                                 eavy
                                                Jalveston
                                                 mine
                                                ind
                                                 ade
                                                 uding



                                                 d  be  made
                                                 ion.
          Once alert  levels  for acute  and  chronically



toxic or growth-inhibiting parameters  are  set  by  the



Food and Drug Administration, a continuous  monitoring



of oysters and shellfish froii Galveaton  Bay  should  be



conducted by the FDA, the EPA, and  the Texas 3tato  Health



Department to Insure  the public of  the edibility  of bay



oysters ami fihellflsh.



          The effective dlsiDnf octJ on of  all  domcotlo



wan be nourceo ahowlid  *w coti^iicte^ *n a Joint effort, of



the EPA, fchc Tnxaa Mater ^amD5ty Board and technical

-------
                    Dr. J. Preslock
staff of citizens' environmental groups.  The Texas
Water Quality Board policy of centralizatior



possible,should be implemented, with the par



determining when It is possible to central!?



disinfection should include a minimum of prJ



secondary treatments with water reuse for aj



and industrial purposes.  An implementation



for effective disinfection should be made a
                                            allable with-




in six months of this reconvened conference



          Special note here is made of the tity of Hous-
ton's inadequate wtste treatment program.



should implement an immediate plan for effet
                                            , whenever



                                            icipants
                                            e.  Effective
                                            mary and
                                            ricultural
                                            schedule
                                            he city
                                            tive dis-
infection of all waste sources, with consideration being




given to a sewer tax based on the rate of waiter use to



finance such a. plan.



          The cost of dredging; the Houston Ship Channel



by the Army Corps of Engineers, estimated by EPA as



nearly $3 million per year, sJiiould be passed on to the



Industrial and municipal plants responsible for the



organic and Inorganic sludge.  These plants should pay



for this dredging on a prorated hauls according to the



nature and amount of their discharge.  The dredge mater-



ial should be disposed of in (suitable landfill areas,

-------
                                                       295
                     Dr.  J.  Preslock





With  special  emphasis  placed  on preserving the  natural



ecology  of  the  landfilled  areas.




          Chemical  constituents causing color edid  odor
 in waste  effluents,  such  as  those  from  pulp  and



 imills,  should  be  reduced  to  natural  background
 paper



iccurring
 In  uncontaminated  water  areas.   A  report  on  feanible



 processes  to  accomplish  this  recommendation  should  be



 submitted  bo  the conferees within  six months.



           No  discharge—although this is  not something
toeing considered by the conferees,  I am  still  gc



Ibrlng it up, since evidently the Houston Lightir
ing to




E &
Power controversy Is now going to go to Washington where



we will not have direct access to it.  I am still going



1to state our position on the Houston Lighting I'c Power



Controversy.



          We feel that no discharge of cooling water from



IFabbs Bay into Trinity Bay by the Cedar Bayou plant of



Houston Lighting it Power should be permitted.  Instead,



Houston Lighting & Power should be required to abate the



waste heat load by incorporation of a system utilizing



recirculation and reuse of cooling water for all unite at



the Cedar Bayou plant, as recommended by the Environments!



Protection Agency.   However, Houston Lighting & Power

-------
                    	  	      	       ...,296
                    Dr. J.  Preslock
should not--and we feel very strongly about  this--Ho
aston
Lighting & Power should not be made  a  scapegoat  by tie
Environmental Protection Agency and  as such be the only
polluter on the Ship Channel against whom the EPA takes
a strong position.  The EPA should also take strong
positions against other Ship Channel industries  Mho are
discharging toxic or potentially  toxic substances suich
as oil; grease, and other complex hydrocarbons,  heavy
metals and suspended solids, and against municipal waste j
treatment plants which are discharging heavy concentra-
tions of bacteria and viruses into the channel and pal-
veston Bay.
          We propose that a study be Initiated to study
the feasibility of storing and treating water from storm
sewers and hayous.  Tfoe dirt, oil and grease on  cily
streets and highways are washed into the bay through the
storm sewer system following periods of h»savy rainfall.
Immediate consideration should toe given to the construc-
tion of storage and treatment facilities Tor processing
this waste effluent.
          At this point I would like to depart from the
original recommendations for which this conference was
convened.   Now I would like to discuss the two subsequent

-------
                    Dr. J. Prealock
documents made available by the Environmental Prott
Agency at yesterday's conference.
          We agree and we strongly agree that the
recommendations of the EPA which are currently being dis-
cussed certainly is a marked improvement over the origina
recommendations for which this conference was conv<
The timetables and BOD levels stipulated are commendatory
However, we believe that the long-range proposals f;ug-
gested by the EPA art what should be adopted by th:.s con-
ference.  I will take selected recommendations as e'xamplen
and present available evidence from the September lj.971
supplemental report as to why these recommendations should
be adopted.
          Recommendation Ho. 1, the long-term rangd pro-
posals.  The Food and Drug Administration,, in coopdration
with appropriate State regulatory agencies!, continue
their recently initiated study of oil and hydrocarbon
residues in oysters taken from Calveston Bay with the
objective of determining toxlcological effects, if any,
of such concentratior.s.  Thesie data and any evaluations
shall be made available to the conferees of tho Oalveston
Bay enforcement conference.
          It In our position that It Is important to not«
                                                      297
                                                   ction
                                                   evised
                                                   ned.

-------
                                                      298
                    Dr. J. Prealock
in the supplementary report that FDA'a preliminary




results are not inconsistent with that reported earlier




by EPA in regards to the concentration of hydrocarbons




in oysters.  It appears that the concentrations in




oysters may range from 11 ppm to 4b ppm in approved




areas and 33 ppm to 159 PP"i in prohibited areas.  These
values are from two to six times higher than
oysters from West Falmouth Harbor, Massachusetts, which




was closed to shellfish harvesting by that State.
          The present FDA position is that a
hazard does not exist in consumption of oysters taken



from approved areas in Galveston Bay.  The report states,



and I quote,"Without regard to the significance the
findings may have with respect to petroleum
 levels in
 health
contamination
the concentrations of specific aromatic hydrocarbon com-



pounds isolated are not presently considered significant



from a toxicologlcal standpoint to warrant necessary



regulatory action.  The study is continuing.'"  And I end




quote.



          These aromatic hydrocarbons, dimethyl, tri-



methyl, tetramethyl, biphenyl methyl fluorene, do not



naturally occur in oysteru and are common components of




crude oil and many refinery products.

-------
                                                      299
                    Dr. J. Prealock
          I further quote from the report:



         "The heavy metals concentrations in



taken from Galveston Bay are relatively low
 shellfish
compared to
certain levels in shellfish in other southern or eastern
bays.  However, the major concern in present



information is that no official criteria are



available for general circulation as to the



of any levels of heavy metals or other toxic



found in oyster meat.  Alert levels are now



by the Food and Drug Administration and have



sented, I understand, at the National Shellf



tion Workshop," which was held last month.



          MR. STEIN:  Dr. Preolock, do you h




copy of that statement?



          DR. PRESLOCK:  Ho, sir, it is kind
ing this



 presently



significance
 contaminants
jeing developed




 been pre-
Lsh Sanita-
ive another
 of all
written up in—



          MR. STEIM:  All right, go ahead.



          DR. PRESLOCK:  I will have it typed.



          MR. STEIW:  It is kind of a long one, and if



you ever have a copy it should be given to the reporter.



          DR. PRESLOCK::  Yes, I will have oma available




for you.



          MR. STEIW:  All right, continue.

-------
 	  .	    _......             ._ ..3°.°.

                     Dr. J.  PreslocK



           DR. PRESLOCK:   It is  Just  that  I wrotle  it  last


 night after looking at your recommendations  anq had  to


 make quite a few changes.


           MR. STEIN:  I saw her working so harcj,  I had


 hoped you would have a copy.


           DR. PRESLOCK:  Yes, sir, I will gladly  provide


 you with a copy as soon as  possible.

I
!           MR. STEIH:  All right, t.hanV. you.
j

!           DR. PRESLOCK:  Let's see, where am ij


           "The heavy metals concentrations in shellfish


 taken fron Galveston Bay are relatively low compared to


 certain levels in shellfish in other southern or eastern


 bays. However,  the major concern of presenting this


 information  is that no official criteria are presently


 available,"  and  I believe I have already discussed this


 material.


           I  will take  up  with  saying, "The FDA will revlev


 these alert  levels  for trace metals,  pesticiddio  and


 various  toxic  hydrocarbons, ac well as  the technical con-


 Dlderationo  in developing them,  with the Environmental


 Protection Agency prior to the uorUnhop.  Theao  levels,


 when  adopted,  will  apply  to CalvcEton May."


           I  would like to ;-:now 3f anyone from PDA  can

-------
	      301



                     Dr.  J. Preslock






 tell us if these criteria have yet as of this point been



 developed and established?  And, if not, when do you




 expect to have them and  if you do,do you have any con-



 siderations or any conjecture as to how the Olives ton



 Bay oysters will fit into your criteria?



           If not,  I will go on.



           I am now referring to Recommendation 3 of the



 long-range proposal.



           Effective disinfection of all wasts sourcet,



 contributing Facteriological pollution to the Galveston



 Bay System shall be provided.



           I am also referring in my data reported to



 numbers 3,  if and 5. I  am not going to read tliem because



 most of you have copies  of them and to do so would be



 redundant.   However, I an going to once agaiji quote from




 the supplemental report.



                There are  112 sources of domestic



      waste  permitted to  discharge  to the Houston



      Ship Channel  amounting to 157  mgd.   Of this



      total,  37 sources or 33 percent are In violation



      of BOD permit requirements;  4-7 sources or 42



      percent are In violation of suspended nolldo



      pflrmLt requirements;  and seven sources or 6

-------
                                                 302
                 Dr. J. Preslock





percent do not provide effective disinfection



as required.  Municipal wastes account for



31.5 percent of the actual waste flow to the



channel; 3^.5 percent of the actual BOD load;



and 29.8 percent of the suspended solids load.



          The city of Houston's Northside



and Sims Bayou municipal waste treatment plants



discharge effluent which is in substantial--!



repeat substantial—noncompliance with Texas



Water Quality Board permits.  These two plants



account for 39,596 pounds per day of BOD (28



percent greater than permitted); and 61,452



pounds per day of suspended solids (258 per-



cent greater than permitted).  Furthermore,



neither of these effluents, accounting for



55.5 percent of the dotaestic waste flow, ware



receiving effective disinfection through



July 1971.  Although a form of chlorination



was Installed at the Morthside plant during!



June 1971, the aystera has not been operating



for much of the time due to maintenance  prob-



lems (according to  the September 1971 report).



The Houston Ship Channel la the major source

-------
                      Dr. J. Preslock


     of bacteriological pollution contaminating shell-
     i
     fish harvesting areas in Galveston Bay.  Improp-

     erly disinfected domestic sewage effluents fron

     the Northside and Sims Bayou plants are the

     principal sources of excessive bacteriological

     contamination in the Houston Ship Channel.

     Neither of the plants is obtaining the waste

     removal efficiencies for which they are de-

     signed.

               Measurements made by the EPA in May

     1971 Indicate that Buffalo Bayou is covered

     with sludge from the effluent of the North-

     side plant for 2,000 feet downstream at the

     outfall.  The depth of this sludge blanket

     was conservatively estimated at 6 inches.

     This sludge accounts for approximately 13

     percent of the total voluoe of material

     dredged in the bayou during Hay and June 1971.

          I would now like to go to Industrial sources.

I am now referring to Recommendation no. 6.

          A Joint waste source survey shall be con-

duotod by the Texas Water Quality Board in cooperation

with EPA,  and I will not repeat any more of It.  Moat of

-------
                                                       •504
                    Dr. J. Freslock
you, I am sure, have copies of it.
          I would also like to refer to No. 7,
Ho. 9, No. 10, and No. 12.  And these, of cour
referring to are the long-range goals of the E
mental Protection Agency, as we were told yest
report;
          Once again I quote from the suppleme
               There are 117 sources of indust
     waste to the Houston Ship Channel, amount
     to 341.2 mgd.  Of this total,3^ sources,
                                                No.  8,
                                                e,  I am
                                                viron-
                                                rday.
                                                tary
                                                ial
                                               e-
     29  percent, are in violation  of BOD  requi
     merits; ^3 sources, or  36.7  percent,  are  i|i  vio-
     lation of suspended solids  requirements; and 23
     sources, OT 19,7 percent, are  in violation  of
     COD requirements.  Of  the major industrial
     sources listed, two, Rohm and  Haas and the  Olin
     Corporation, are presently  in  violation  of
     permits on a pounds per day basis.
          If this since has been changed, please feel
free to correct me.
          Now I would like  to mention that tbo largest
waste dlnchargera for the Houoton Ship Channel have been
mentionerl :ln the report.

-------
                                                       305
                    Dr. J. Preslock
          I would now like to read to you these



largest dischargers and enter it into the public



of this conference.



          These largest dischargers as reported by



Environmental Protection Agency in their report ar



Ethiyl Corporation, Diamond Shamrock Corporation, S



Chemical Company, Shell Oil Company, Rohm and Hass



Steel Corporation, U. S. Plywood-Champion Paper Co
Huirtble Oil & Refining Company, Olin Corporation, Ssuth-
lanjd Paper Company.  Of the municipal waste treatm
»cord
 the
9 the
lell
.  Armco
npany,
ent
plaints, Sims Bayou and Ilorthslde Bayou.



          The 10 industries I have Just listed accbunt



for1 58 percent of the actual BOD discharged, 83 percent



of the suspended solids, and 75 percent of the BOD from



all Industrial sources to the Houston Ship Channel.



          (The table referred to above follows:)

-------
                                               TABLE III-3
                           LARGEST WASTE DISCHARGERS - HOUSTOS  S11IP CHANNEL
FLOW /fl^lj))
Source
I-il-'^-r* al Sources
E-hyl Corporation
Diamond Shamrock Corporation
; Shell Cheaical Conpany
SV>i+l Oil Company
-T,ohs ar,d Hasa Corporation
Ar^^o Steel Corporation
U.S. Plyv^od-Chanpion Paper
liable Oil and Refining CS/&rt
Pern.
N.R.
127643
15300
4301
5790
18248
36696
14595
9455
41700
8006
9174
290903
17130
Arifc. '
7157
46588
10400
1846
8300 S
10738
47600/
4307
15986 tX
2849
32153
29299
217223
61A52
COD /h$/pjy
Perm.
N.R.
211043
50900
19480
10900
64618
146784
41700
17129
166800
Cl2Scs.
72935'.
Act. '
18019
109589
29800
6349
26600 •"
33867
101500
18025
N.R.
35921
-0-
-0-
3S0170
                   «;'- I -  .';
*Actx£iL valaes represent treated effluent as dclincr.tcd in U.S. Pljtx-ood-Ch.-jnpion Pcper Company stctcncut
 to the Conferees.

-------
                       Dr. J. Preslock

           DR. PRESLOCK:  Concerning actual waste
 with permitted levels the report states:
                It is not possible to make a direc
      comparison of the compliance with permits b
      the aggregate total of waste dischargers sin
      in many cas*>8, permit values were not listed
      the self-reporting data.  The reverse situat
      is also true; that is, actual discharge valu
      in some instances are not reported for certa
      permit parameters.  In general, and with the
      above qualifications, most sources are withi
      permit requirements on a pounds per day effl
      basis.  A large number of sources exceed pet
                                                       307
iffluente
in
on
n
ent
it
      requirements on a concentration (me/I or ppn
      basis;  however, the allowable waste flow is
      usually so much greater than actual waste f),ow
      that  conversion to pounds per day brings the
      waste discharge under the pounds  per day figure
      implied on the  perrnito.  The Texas Water Quality
      Board considers the concentration which exciiieda
      the allowable concentration to be a violation
      of the  permit,   And I end quote.
           So waste sources at this time are permitted to
jiaiiraase_con.tieQ.tratioi:L_throufttudilution, techniques . _W.e	

-------
                    Dr. J. Prealock
are very encouraged to see in the present recommendations



that dilution will be prohibited as a method of decreas-
ing at least BOD.  But on the other hand, what of
COD,
TOD, dissolved oxygen and other such parameters?




          I realistically could go on and on. I certainly
have much more data that I would like to report.
I think
I have pretty well covered what I want to say without




belaboring the point.
          Gentlemen, we have a big job ahead of us



stop the rhetoric, let's stop playing games, let's
                                                      308
   Let's
 get
down to serious business.  Of course my speech here or



my talk to you here is somewhat anticlimatic because I



am sure that most of you have read this morning's paper



and know that the United States Senate just passed the



Muskie Water Pollution Control Bill yesterday.



          So we must live in this light.  We have bo get



down to work here; we have to clean up the Ship Channel^



we have to clean up the bay; Me have to clean up the air



in the city, and let's once again make Houston a beauti-




ful city in which to live.



          Thank you.



          MR. STEIK:  Thank you.  (Applaune.)



          MR. VANDERHOOP:  Mr. Stein,  I would like to

-------
                                                       309
                     Dr.  J.  Preslock
 commend  Dr.  Preslock  for  a  well  thought  out



 and accurate statement.   I  thank, you,  sir.



          DR.  PRESLOCK:   Thank you.



          MR.  STEIN:  Mr.Yantis.




          MR.  YANTIS:  Well, I gueaa I could



 several  hours  challenging in part some of th



 "accurate."   I do think that the Doctor  put



 of thought on  it, but there is a great deal



 mation in the  paper.
time.
          DR. PRESLOCK:  Sir, I stand correc
          MR. YANTIS:  It could be discussed
and I really see no point in boring you with



          But I simply Mould like for the re




that Just because the paper is not discussed



does not necessarily mean that we concur wit
nd critical
spend



 word
 great deal
f misinfor-
ed at any
for hours,
all of it.
ord to show
in detail
 all of it.
The paper or the remarks do include a great deal of



personal opinion about the way government should be



carried out, the way representation, should be provided



for.  Yes,,  you did put a great deal of thought on it,  but



it does not mean that all of your facts are correct or



bhat the interpretations all are correct either.



          Beyond that, unless we want to spend days and

-------
                                                      310
                     R. C. Sutter
days, I don't really see any merit in  prying to discuss
it a point at a time.
questions?
 MR.  STEIN:   Are  there  any  ot
>
 If not,  let's  go on.
 R. C.  Sutter.

            R.  C. SUTTER
   VICE  PRESIDENT OF TECHNOLOGY
  DIAMOND SHAMROCK CHEMICAL CJOMPANY
          CLEVELAND, OHIO
                                       ler comments or
          MR. SUTTER:  Don't v»orry, I
                             am not  going  to
read all of this.
          Mr. Stein, Mr. Vanderhoof and Mr. Yantis.
          I find myself in a somewhat •-
          MR. STEIH:  Why don't you identify yourself
first.                               I
          MR. SUTTER:  I am Mr. R. C. Sutter, Vice
President of Technology, Diamond Shamrock Chemical
Company.
          I find a,,self in a somewhat ambigous position
commenting on something that has not been presented to
the conferees.  I will explain thla In a minute.

-------
                     R. C. Sutter
          I must further apologize to the Chai
not having a typed copy of ray statement, which
happy to provide later.  The fact of the matter is that
I came to the conference with no intentions tc
but the developments of yesterday prompted me
my mind.
          We came to this conference with only
ment and recommendations of the Federal-State
Task Force, which was mailed to all who had perticipated
in the June conference.  We thought It reasonable to
assume that this statement set forth the conse
opinion between the Federal and State conferee
a reflection on the agreed facts of the situation.  We
felt further that this program would result ir
tlnuing improvement of the Ship Channel and tf
                                                      311
rman for
 I will be
 apeak,
to change
 the state-
Technical
nsus of
s and was
 the con-
e Qalveston
Bay and saw no reason at all to repeat our previous
statement.
          I'm mindful of the Chairman's auggemtion that
we not plow old ground.  However, when one finds that he
has done a poor Job of Blowing, he hasn't much choice but
to do the Job over.,
          Much to my surprise, and I guess to the sur-
prise of many others here, the Federal conferee utated

-------
                      R.  C.  Sutter
 that  the  recommendations  didn't reflect his

 proceeded to  read into the record  recommendal
 gestions  to  the  Texas  Water  Quality Board as

 revisions to the recommendations  of the  Fede

 Technical Task Force.   Mr. Vanderhoof  allude

 same  time to a summary report  dated August 1

 confirmed the EPA earlier  report  discussed a

 conference.   No  such report  was made availab

 of  us attending  the conference nor,  to my kn

 the Chairman and the State conferee, and 1 u

 by  this morning's action this has now  been c

           I  did  note,  however, that  the  repo

 tributed  to  th   news media and elected offic

 yesterday.   If tny memory serves me  correctly

 the way the  June  report was  originally distr
 osltion  and
 ions  or  sug-
well as
•al-State
 at  the
71 which
 the June
e to those
'Wledge, to

derstand
rrected.
t was dis-
als present

 this was
buted.  And
it is about this report that I wish to commeint.

          I was first curious about the method of re-

lease or the lack thereof.  I managed last night to

secure a copy of the report, which is titled, "Supple-

mentary Report to Ped«ral-State Technical Tliisk Force of
                                                        ji
Qalveaton Bay Enforcement Conference-Working Paper Only,

which ia dated September 1971.  Thin report purports to

update the data presented In the orl/rinal Federal paper.

-------
                     R. C. Sutter
          I think many attending this confererce will
find this report interesting reading.  I noted
interest that the only concession made to my earlier
statement about the basic and serious error  i
i  analysis
of the earlier data was the following statement, quote:



               Many of the industries presenting



     statements to the conference were concerned



     that the effluent figures quoted in the



     Federal report were not representative of



     waste production within their plants due



     to the degraded quality of the intake water.



     It is presumed that the self-reporting data



     submitted by waste dischargers to the Texas



     Water Quality Board tafce this factor into



     account and that all values quoted are repre-



     sentative of actual waste discharges.  Unquote.



          Now, I thought I had been quite cleair and quite



specific in my earlier statement that the data, did not



take Into account the quality of the intake water.  The



Information is available to the EPA and data as recent as



April 1971 la a matter of the record of this conference.



          In the case of Diamond Shamrock at Doer Park,



we use approximately 150 ogd of water, 95 percent of which
                                                      313
 with some

-------
                       R.  C.  Sutter
  la  once-through channel water used for cooling.

  quantity of water represents close to 25 percent
This
of the
  total  wastewater flow into the channel,  and the erron-

  eous assumption that the total content of this  water

  represents  waste discharge by Diamond Shamrock  completely

  invalidates the conclusions that are based on thi

  assumption  concerning waste loadings in  the channel.

1  This is  the point made in June,  and  I now find  that  the
I
i  same error  is  perpetuated in the supplementary  report
i
I  given  yesterday to the news media.

           Also,  Mr.  Stein,  you may be personally
  Interested  in  some  of  the  data  related  to  mercury
   The
  report  states  that  the Sims  Bayou  and  Horthside  nunici-

  pal  sewage  disposal  plants are  discharging  l.'l pqunda

  of mercury  per day.  As you  know,  there  In  no chloralkali

  plant In the Nation  discharging this quantity of  mercury.

  You  may also be interested In the  fact that  analysis of

  the  lower reaches of the channel,  that is from mile 10 to

  mile zero,  shows less tr.an l."J  pounds  per day of  mercury

  and  a concentration of less  than 0.2^jp/l,  that  la ppb,

  which l.a pretty clone to natural background  in sea wator,

  and  drinking water standards, as you know,  ar« 5  PPh-

           I wan particularly lbur>hler! and at  the  namo time

-------
                       R. C. Sutter
enlightened yesterday by the intemperate atta



Yantls and his staff and the Texas Water Qual
There have been times when I have felt the sane way, not



because I felt the Texas staff was too lenient and



flexible but because I thought the staff was unreasonable



and rigid.  Like all such questions, there is probably a



little truth in all positions, and in all positions they



are taken sincerely.  But the enlightening pait of the



episode, however, should be the realization tfrat the
Texas Water Quality Board has a dual function-



and improve the quality of the waters In the £



it in a healthy economic climate.  Whose intei



served by the Board if they are successful in



objective and who is hurt If the Board fails :'
                                                      315
                                               k  on  Mr.
                                               ty  Board.
                                               -to protect
                                              tate and do
                                              est is being
                                              this dual
                                              n either



objective?  All of us, industry and citizen groups alike.



          Thank you.  (Applause.)



          MR. STEIN:  Thank you, Mr. Sutter.



          Are there any comments or questions'!



          I do believe, Mr. Sutter, you have raised one



question that is a national question.  That iin on mer-



cury, and as alwaya I think you have been very perceptive



on these matters.



          'tfo have had a program wherein I think chlor-alkali

-------
                                                       316
                        R.  C.  Sutter
 industries  in other plants  have  reduced  their  mer



 discharges  in a really dramatic  manner,  generally



 to around 0.1 of a pound  per  day.   However, we do



 below  major cities throughout the  country  content



 mercury in  terms of what  we found  here--1.4 to 2



 a day  or something of that  kind.   The problem  may



 that we are getting that  from many diffuse source



 city,  and this  continues  to be a problem.  I woul



 out that I  don't think this is unusual in  relatin



 municipal wastes in this  area, as  compared to  oth



 analyses of municipal wastes  we  have done  through



 country.  I think  it is something  we have  to face



          I think  I may have  done  this last time,
ury
down
find
 of
ounds
be
 in a
 point
 to
ut the
up to,



but I
would also like to point out that when we had the mercury



problem we had full cooperation from Diamond Shamrock.



In working out the program we nay have had some philo-



sophic differences which we resolved, but we really didn't



have any differences on data and what the facts were.  We



arrived at a program, which I hope was satisfactory to



the industry And the States concerned, In which Diamond



Shamrock and other companies had their plants located--



arid I don't want to Indicate S>y any meano that they



weiren'b one among many who were discharging to streams

-------
                                                       317
                        R.  C.  Sutter
 or  that  that was  satisfactory  to  all.



           Now,  again  I  think we have said man;)



 times, and I hope the schedules reflect  this,
 can  clean  up  pollution by  shutting  down an Industry or



 putting  a  padlock  on  the city hall.  You don'i; need



 specialists or  experts or  people  Like we have here to do



 that.  The challenge  Is to keep the cities In a situation



 where  they can  grow and to keep Industry in a competitive



 position where  Industry can grow  and flourish and still



 have clean waters, and this takes some doing.  And I



 would  say  with  a lot  of the people here, this is what



 happens, I guess, when you are In public life--people



 have different  views  on various sldea.  But as far as



 I am concerned, what  we are doing is we are dealing with



 professionals in the  States, In the industries, and I



 think  In EPA, and more and more we are dealing with a



professional expertise from the citizens groups.  I do



think we have to find some way where this la going to



work out.



           Now, I may have a little different view, Mr.



Sutter,  than you on the manifestation of some of the



statements  here.  Because I think when we get the Federal



and Stats people or,  as you indicated, Federal,  State and
,  many



that anyone

-------
                       R. C. Sutter
                                              lere tends
industry people or citizen groups together, t



to be a certain amount of tension,  if that t



not present, then I look to see what is wrong



kind of open society, tension is present betw




among various groups, and that well may indicate things



are normal.  You can't expect us all to have ;he same
                                              snsion Is
                                                In our
                                              sen and
point of view.  So, in a way, I look at that ,
                                             is a healthy
sign.
          Some of you may recall that at the :
there was a representative here from a company on the



Ship Channel who used to work in the Federal Government



with me and was, in fact, ray boss.  A report name out
of which he and I had personal knowledge, and



in our view the report was untrue.  I asked h:



that and he said, "You know, some people askec



sue for libel, but my reply Mas, when you are
                                                       318
                                             .ast meeting
                                              certainly



                                              m about
                                               me to
                                              In public
life, this is something you have to expect and you have



to live with,"  I think we have to approach conferences



of this type with that spirit or else we are not going



to make It.



          Thank you, Mr. Sutter.



          May we go on and hear from Mr. Keith Ozmore.

-------
                                                       319
                    Hon. Bob Eckhardt





               THE HONORABLE BOB  ECKHARDT




             U. S. HOUSE OF REPRESENTATIVES




                   WASHINGTON, D.  C.




     (Read by Keith Ozmore, Environmental Assistant)




          MR. OZMORE:  Thank you,  Mr. Chairman,




          First I want to introduce myself.   Coiriing on
the heels of a spokesman for a Ship Channel plan



to make it absolutely clear to anyone here that
an industry spokesman and I think after my statement that



fact will be abundantly clear.



          I am Keith Ozmore, Environmental Assistant to



Congressman Bob Eckhardt of the Eighth District, which



at the present time extends to the Houston Ship Channel



and beginning the next tern it will include the entire



Ship Channel front the Turning Basin to Morgan's Point.



          I want to express the Congressman's regrets



that he could not be here.  I think those of you who know



him know that he would be here IT he could be hnire, but



there are important natters on the floor of the House



this morning, including a hearing on a cancer control



bill, which I know you will agree ia very important.



MR. ECKHARDT'S STATEMENT IS AS FOLLOWS 5



          Chairman stein amd other conferees, I first
t, I want
I am not

-------
			             iSO

                     Hon.  Bob Eckhardt


 want to thank you for the opportunity  to present  a

 statement at this reconvening of the Galveston Bay

 pollution enforcement conference.  Since I cou:,d  not be

 here In person, I made my views known  to Mr. William

 D. Ruckelshaus, Administrator of the Environmertal  Pro-

 tection Agency, in a letter dated October 19,  1.971.

 did not intend to comment further, but situations have

 arisen which call for further comment.

           Just 12 days ago I learned tba^ t <••
                                                          !
 report on Galveston Bay and Houstrr r>!;i|., Cnanne ">  noIIn-  i

 tlon had been made by the EPA cr.u that this information  j
                                                          i
 had not been released to the public.  This date,,  pre-    i

 pared almost two months before the reconvening of this   j

 conference, contains much Information which woi Id have

 been extremely helpful to environmentalists and citizens'

 groups.  Withholding of this information distraisBes me

 deeply, since I cannot see how such citizen groups cen

 take a knowledgeable position on this problem uinlPsn auch

 data is released to them.

           I also was told that neither the Texas Water

 Quality Board nor the EPA Intended to release this infor-

 mation.  1 believe thin report to bo true,  nlnce  the only

 way in which these proupo were able to pot thio data was

-------
                   Hon. Bob EcXhardt
as the result of a letter from me to Mr. Bill  McFa
Acting Regional Administrator  of the EPA in Dallas
received this supplementary report on Friday, Octobe
Just four calendar days before the reconvening of th
conference.
          Mr. Chairman, failure to release this info
tion was a disservice to those citizens on the Texas
Gulf Coast who have worked so hard and yearned so lo
for a cleanup of the Ship Channel and Galveston Bay
These waters are not the exclusive property of the 1
Water Quality Board, its Chairman or its Executive
Director.  They are net the exclusive property of th
EPA nor the Federal Government.  They are the propel
those citizens who live and work on ohe Texas Gulf C
the citizens of all Texas, and indeed of all Americi
.and,
 29,
ma-
xas
y of
ast,
s.
They have every right to know governmental agencies'
findings regarding pollution and what actions might be
proposed to abate that pollution.  I also Mould lik« to
sufTgeat that fchio supplemental report bo Included ai) a
part of bhese proceedings.
          MR. STEIN:  Thiat ha:& heen -lone.
          MR. OZMORR:  Thank yom, Mr. Chairman.
          Secondly,  let me refer to a pooltion I took at

-------
                    Hon. Bob Eckhardt
the June conference.  At that time I said that




reports indicated that the EPA might be consid
quote, soft touch, unquote, approach toward inJustrial



polluters.  Mr. John Quarles, an Assistant Administrator



of the EPA, commented on my statement and assured me that



this was not the case at all.   However, if tha recom-



mendations of the technical committee of the c >nference



are adopted as they are now written there can  be no doubt



in the minds of millions of Gulf Coast residents that EPA



is actually taking this "soft touch"approach.   How else



can one explain the lack of enforcement action toward
industries?
          I want to repeat a statement that I



letter to Administrator Ruckelshaus:  The whol
                                                      .322
 press
iring a,
made in my



e scope of
these proposed recommendations is aimed at municipal



polluters and Ship Channel Industries are gleefully



chuckling at being able to hoodwink the Federal Agency.



And later I will show that there ia evidence in your own



supplementary report supporting this.



          At this point, I wo-»ld like to opeali: briefly



of the relationship between the EPA and the Texas Water



Quality Boar<1.  First, it was evident from the atari; that



the State of Texas intended to participate in tho June

-------
                    Ron  Bob Eckhardt






 conference with  a  chip on  its  shoulder,  an  attlttude  that



 has  persisted  since  the  first  water  pollution  control



 board was authorized in  196l--the  attitude  thab  the



 Federal  Government has no  business meddling in Texas



 affairs  and that the State agency  was  taking appropriate



 action to abate  pollution.   This attitude has  continued



 and  is borne out  by testimony of Texas  Water Quality Board



 officials before both  the  Senate Public Works  Committee



 and  the  House  Public Works  Committee vjhich  held  hearings



 this past summer on  new  Federal water  pollution  control



 legislation.



          The  State  of Texas did not come Into this



 pollution conference to  cooperate and  work  out a program



 to abate water pollution.   It  came into this conference



 defiant  and determined to  sabotage any meaningful efforts



 to curb  pollution.   And  If  you adopt these  proposed



 recommendations, it  Mill have  succeeded.  If there is



 any doubt in the minds of any  Federal officieil here today



as to the attitude and position of State officials, let



me cite  to you remarks by the Texas Water Quality Board'a



Executive Director, Mr. Hugh Yantls,  delivered for the



Chairman, Mr.  Gordon Fmlcher, at an industry-laden pol-



lution  conference in Houston jiiat last week.  Mr. Yantifl

-------
                    Hon.  Bob  Eckhardt





 said  these  things:




          1)   The EPA  assumes  that  all  industries  are



 flagrant  and wilful polluters.
          2)  The  EPA  assumes  that  State  progran
a have
not  coped with  industrial  pollution.



          3)  The EPA  assumes  that  only  the  Fedejral



Government holds the solution  to  our  problems.



          I do  not  believe  that the EPA  assumes  that  all



industries are  flagrant and wilful  polluters  anil I do not



think they are, but certainly  the records  of  many indus-



tries in my bailiwick  certainly do  not present  nuch evi-



dence that these industries have willingly done  much  to



control and abate pollution.



          If the second assertion Mr. Yantis  made as  to



the EPA's assumptions  is correct, I tend to agree with



that assumption as  regards  Texas.  Our State  prjogram  has



not coped with  industrial pollution.  The  Statei  of Texas



has granted such "balloon"  permits that it io Indeed



hard for an industry to violate those permits, and I  am



told that when an industry goes to the Texas Water



Quality Board and complains that the rigid heavy  metal



regulations adopted by the state are too restrictive,



the State amends it& permit to conform to  the industry's

-------
                                                      325
desire.
                    Hon. Bob Eckhardt
          Another case in point is this:
tells me that there have been times whun h




a pollution case against an industry and n




State, as he is required to uo, and that t




Quality Board thai  amends its permit so th




will not be in violation.




          On point No. 3, I do not agree t




Federal Government holds the solution to o




Certainly there are knowledgeable and dedi




Texas who could do the job.  They are simp




mltted to do so under present legislation v




authority for the State Water Quality Boar




residents of Texas  have only one effective
                                             . Quebedeaux



                                             has  prepared
                                            ;ified  the
                                            5 Texas Water
                                            t the  industry
                                            t only the



                                           r problems.



                                           ated people in



                                           f not per-



                                            ich preempts



                                             So, the
                                           avenue of
                                              and Federal
relief:  To seek Federal Control of effluei



application of ambient Mater standards.



          I could say nore, but to conservb time I should



like to refer to my paper entitled "How We Got the



Dirtiest Stream in America" in the summer issue of the



Texas International Law Journal, which has been made a



part of the proceedings of this conference.  Also, the



State Attorney General's office supports ray position that



the Texas Water Qualtly Board has defaulted In thin effort

-------
                    Hon.  Bob  Eckhardt
           On  the  other  hand,  the  EPA  Is  mo\
 right  direction.   Mr.  Yantis,  in  his  presentation  last
week.,  Mas  sharply  critical  of  the  EPA  for  i

action  on  the  Clear  Lake  problem.   I think

realize that the EPA is a brand-new concept
mental  control and  that  the task  of bringing  five  dif-
ferent agencies under one  umbrella  is a  dif

I do not think that we  can expect magical  r

an 11-month period, the  length of time that
ficult task.
operating.  On the other hand, Texas has had a so-called

water pollution control agency for 10 years

little evidence that It has done very much

          I would like to publicly commend
the U. S. Attorney's Office for the Southern District of
Texas for the extremely competent .-Job they
                                                       326
 .ng In the
ts delay in
all of us must
 in environ-
esults within
 EPA has been
 and there is
Ln that decade
the EPA and
did in the
prosecution of th-j Armco Steel case.  The decision by

Judge Allen Hannay ordering Armco to deslsti from dis-

charging almost 1,000 pounds of lethal cyanide into the

Ship Channel daily is the greatest; court victory that the

people of the Texas Gulf Coast have ever achieved in

pollution control.

          Now, let rve direct some remarks to the informa-
                     n
tion contained in the Supplementary Report to the Federal'

-------
                    Hon.  Bob  Eckhardt
State  Technical  Task  Force  of the  Qalveston Bay



Conference.   First, I challenge  another state



Fulcher's  presentation last week insofar as  th
 Gulf  Coast  is  concerned.   He  said  that  municipalities  are
the worst polluters in Texas.  This  is not bor



this supplementary report,  its Table III-l,  d



discharges into the Houston Ship Channel, show



municipalities are responsible for only 157 mi
lons of flow, as compared with
                                   . 9 million f
tries; 79,600 pounds of suspended solids for m



ties, as compared with 187, 000 pounds for indu



i|-9>800 pounds of biochemical oxygen demand dis



municipalities, as compared with 9*1,200 pounds



by industries; and, of course, 509,500 pounds



oxygen demand discharged by industries alone.



sound like our principal problem is with munic



          The report also shows that there ar«i
                                                       327
                                               !nf orcement
                                               snt  in  Mr.
                                               s  Texas
                                               ne  out  by



                                               ealing  with
                                               s  that
                                               llion  gal-
                                               or  indus-
                                                nicipali-



                                                tries;



                                                harged  by



                                                discharged
                                               f  chemical
                                               Does this
                                               palities?
                                               112
sources of domestic waste permitted to discharge into the



3hlp Channel, 33 percent of which ar« in violation of BOD



requirements; ^2 percent In violation of suspended oolide



requirements; and  6  percent which do not provide ade-



quate disinfection as required.  On the other hand, there



are 117 oourcea of Industrial waste.  Of thesis, 29 peroen'

-------
                     Hon. Bob Eckhardt
 are  In  violation  of  BOD requirements;  36.7  per



 violation  of  suspended  solids  requirements;  an



 percent in violation of chemical  oxygen  demand



 ments.   You can readily see  that,  because of  t



 difference In the  amount of  pollutants dischar



 violations by Industry  certainly  contribute  ml



 the  waste  load in  the Houston  Ship  Channel.   A



 size that  these are  violations of  extremely  le



 permits issued by  the Texas  Water Quality Boar



 permits were  tightened  up  as they should be,  t



 more industries would possibly be in violation



           Now I would like to  mention oil and



 charges.   As  I noted  In  my earlier  comments  to



 Ruckelshaus,  the original EPA  recommendation  r



 this pollution was emasculated.  Yet the suppl



 report  Indicates that Texas  Water Quality Boar
ent in
 19-7



requlre-



e big



ed, these



htlly to



d I empha-
ient
.  If these
en even
rease dis-
Mr.
gardlng



nentary



 permits
allow Industries to discharge 50,OOO pounds of oil and



grease per day into the Ship Channel and that these pol-



lutants are primarily responsible for the oil and hydro-



carbon residues found In oysters.  The recommemdations of



the technical committee have dropped the original EPA



requirement that the best treatment available bo required



by industry and that industry be permitted to discharge nt

-------
                     Hon.  Bob  Eckhardt
 more  than 5 mg/1.




          I also note, on  Page  III-U2,  the  sup



 report  Indicates that inspection  of  the  indust



 mentg and of grab  samples, the  amount of oil a



 permitted to be discharged appears to be great



 necessary.  Furthermore, oil and  grease  are no



 among parameters in the State's self-reporting



 system  about which, incidentally, I  have grave



 tions and of which I shall have more to  say la



          As I Indicated in my  letter to Admin



 Ruckelshaus, it seems to me that  attention is



 focused upon municipal pollution  and the Indus



 polluters are laughing up their sleeves.  I th



 failure of these recommendations  to  deal with



 cal oxygen demand bears out ray  charges.  Not o
                                                       329
lemental
 Lai utate-
d grease
r than
 included
system, a
 eserva-
er.
strator
 ing
rial
ik the
   chemi-
e recom-
mendation deals with this problem, yet your supplementary



report indicates, on Page 111-30, that industries are



discharging dally some 510,000 pounds of COD into the



Galveston Bay System.  While admittedly, slashing the



BOD load may be more important than decreasing the COD,



it aeema to me to be a vital part of the problem and one



that haa not been dealt with.  The report indicates that



because of the nlow degradation of such material acme of

-------
                     Hon.  Bob  Eckhardt
 it becomes incorporated into the ecological food c


 Oalveston Bay.


           Now, I want to comment on what I conside


 the most important recommendation made by EPA in t


 beginning--the Intensive Waste Source Survey.  To


 size the importance of this survey, we need only t


 at the detailed reconnaissance data presentation,


 pinpoints discharges by industry along the Ship Ch
I

! I am not going to list them item by item, but ther


 several worthy of comment:
           a)  A yellowish-brown emission from U.  S
I
 wood-Champion Paper Company.
           b)  Intermediate oil spill at Crown Cent


 Petroleum Corporation dock area.  The oil slick fo
                                                       330
a in of
 to be
mpha-
 look
hich
nnel.
 are
 Ply-
lowed
 the southern channel shoreline for one-half mile.


           c)  Location and dispersal of Armco Steel


 Corporation discharges were recorded.  An oil discharge


 the complete width of tne channel and approx Imately 1.13


 miles long,  A strong effluent of an orange color  being


 dispersed -'.nto the channel for nearly half its width.


 This substance was assumed to be ferric acid.   Th« third


 Armco effluent was that of a charcoal colored subotance.


 Chemical nature of this effluent unknown.

-------
                    Hon. Bob Eckhardt
          d)  A discharge of a yellowish substa
within Olin Corporation's industrial complex.
constituency of this effluent unknown.
          e)  Moderate effluent  from Ethyl Corp
skimming pond.  Plume extended 280 feet into th
          There are many, many more, including
oil spills from plants and discharges from ship
is no point in enumerating then  all, but this d
evidence strongly support my position that the
Waste Source Survey is absolutely necessary if
abate this pollution.  I do not  believe that we
pend upon the self-reporting system, since I ha
seen a traffic speeder stop an officer on the a
say:  "Hey, give me a ticket.  I violated the s
back down the road."
          While many of the industries may be 1
                                                       331
ce well
hemical
ration's
 channel.
arious
   There
ta and
ntensive
e are to
can de-
e never
reet and
eed law
w-abiding
and public-spirited, I believe there a,re many others who
will continue to try to get by without spending the funds
entailed in cleaning up their effluent.  To support my
contention, your own supplementary report on Paige 111-42
notes that some of the waste sources do not report their
effluent values regularly on a monthly basis arid that one,
the Olin Corporation, nan never submitted data.  With
cooperation such as this, the Intensive Waste Source
Survey is absolutely necessary.
          Finally, on page 111-30, your report recommends

-------
                    Hon. Bob Eckhardt
as  follows, quote:




               A firm  implementation  schedule



      to  secure compliance with  these  standards



      should ~be established.  End quote.




          Mr. Chairman, I cannot find a single recomnenda--



tion  among those made  by the technical committee tha
would set a timetable, an acceptable ambient water q



or an effluent quality that will achieve this goal.



          I would like to turn briefly to some recom



mendations made yesterday by Mr. Richard A. Vanderho



Acting Director of the Enforcement Division of the E



In Dallas•  I want to commend highly the new set of p
                                                       332
alitj
o-
posals set forth by Mr. Vanderhoof and the militant



position he took in support of them.



          I would like to comment specifically on



Proposal No. 10, the only one with any teeth at all us



far as reducing pollution caused by industrial sources.



AB I stated earlier, no meaningful recommendation had



been made aimed at industries, but if this proposal la



accepted ae presented by Mr. Vanderhoof, I am convinced



that it will help to bring about abatement.  It is



commendable to set a goal of 35,000 pounds of BOD per day



maximum discharge, and evicn the State has agreed that

-------
                                            	_____ 333
                    Hon. Bob Eckhardt
this should be the goal.  But I notice that the State Is
balking at enforcement measures and timetables necessary
to achieve that goal.
          It is interesting to note that Mr. Hugh Yartis
readily acquiesced when timetables were adopted relative
to effluent treatment by municipalities, but filibustered
for an hour and a half against acceptance of any meaning-
ful timetables and wasteload parameters for the Houston
Ship Channel industries.
          Finally, Mr. Chairman, I would like to recom-
mend that all the proposals relating to the Ship Channel
advanced by Mr. Vanderhoof be adopted, with one exception.
That exception is that the Environmental Protection Agency
refuse to participate in or further finance the Galveston
Bay Study until a meaningful Intensive Waste Source
Survey is included in the recommendations.  (Applaume.)
          I agree wholeheartedly with Mr. Vanderhoof's
statement yesterday that Mr. Yantis is not speakinp  for
the people of Texas, and that a vast majority of citi-
zens on the Texas Gulf Coast have given up all hope  of
ever achieving a quality environment.  Our only hope is
that we can achieve It through the Federal Government,
through enforcement of the Shellfish Clause and the  Refuse

-------
               Dr. W.  A. Quebedeaux,  Jr.






Act of l899> and, hopefully, through  passage of pend




Federal water quality  legislation with real teeth in



as the Senate did yesterday.




          Again,  thank you for the opportunity to pr




this statement.  (Applause.)




          MR. STEIN:   Thank you, Mr.  Ozmore, and our




thanks to Congressman  Bob Eckhardt.




          Are there any comments or questions?




          MB. VANDERHOCF:  Just my thanks.



          MR. STEIN:  Thank you very  much, sir.




          MB. OZMORE:  Thank you, Mr. Chairman.




          MR. STEIN:  We will now have a very brief




minute receas.




                       (RECESS)




          MR. STEIM:  Let's reconvene.




          Dr. Walter Quebedeaux.






          DR. WALTER A. QUEBEDEAUX, JR., DIRECTOR  j




         HARRIS COUNTY POLLUTION CONTROL DEPARTMENT:1




                       PASADENA, TEXAS
 Lng



 It,
esent
10-
enough.
          DR.  QUEBEDEAUX:   That pronunciation Is close
          MR. STEIN:  Yes.  You fcnou, if 1 come down hero

-------
                                                       335
                 Dr.  W, A.  Quebedeaux,  Jr.
a few  more times,  I'll be  able  to  say  your  name  right.
          DR. QUEBEDEAUX:  Well,  don't  bank  on  it



 there are people who have  lived here  as  long aa  I



 been here and still don't  do  it.



          MR. STEIN:  I am going  to listen to yoi;



 fully this time and see if I  can  pick it  up.



          DR. QUEBEDEAUX:  Well,  I call  it Quebec



          My name is Walter Quebedeaux.   I am Dii
 ,  because



  have
  care-
 eaux.
of the Harris County Pollution Control Departmen



uaed to be in the Health Department, but last Fe



it was taken out and ma.de a separate department.



          I think first I would  like to go throu
supplementary report, or if you will prefer to cill it
the white paper, which most of us didn't get unt
 ector
    We
>ruary
th  this
LI  yester-
day.  And on page II-I they talk about description of the



analytical methodology that includes  some of the pre-



liminary results of the analyses.  When will thait be



available to us, Mr. Stein?



          MR. STEIN: Would you care to try to answer that,



Mr. Vanderhoof?  We should be able to have an answer to



that.



          MR. VANDERHOOP: I believe tomorrow.



          MR. 3TE-IN:  Mr. Gallagher isn't in the room ,1uat

-------
                                                       336
                  Dr.  W.  A.  Quebedeaux,  Jr.





 now,  but  as  soon  as  he  comes  in,  maybe  we  can



 tfe  will provide you  with the  answer  to  that.



           DR. QUEBEDEAUX:   Y/ell,  since  it  is



 Gallagher's  report,  let  me  go on  to  something



 because I would like  to  have  him  here when  I d



 suggested yesterday—cut his  throat.  (Laughte
today.
Force--
          MR. YANTIS:  He  is not wearing  his  r
          DR. QUEBEDEAUX:   It  will  still  show.



          Marked as the Federal-State Technica
          MR, STEIK:  Here is Mr. Gallagher.
interrupt yourself in stride here.  You can go
ahead.
          Tom, Mr. Quebedeaux has a question f
ind him.
Ise,



--as Hugh
d shirt
 Task
on't
right
r you ,
am glad you came.



          MR. GALLAGHER:  Thank you.



          DR. QUE&EOEAUX:  I t»aa asking when the report



of the analytical methodology and the preliminary results



of your analyses for the oil and hydrocarbon residues




will he available.



          MR. GALLAGHER:  As I under«tand It, Dr.



Quebedeaux, the ana.lytieal oethodolojry was contained in

-------
                                                       337
                 Dr. W. A. Quebedeaux,  Jr.
the June 1971 report and is also  available  through



Food and Drug Administration Dallas Regional  Office



through the reports that were referenced  in the  Jun
report.
          DR. QUEBEDEAUX:  Then we write Pood  and  D
Dallas to get it?
          MR. GALLAGHER:  You don't even have  to  do
It is pub—excuse me.



          MR. STEIN:  Talk into the microphone.



          MR. GALLAGHER:  I don't think you even halve  to
do that.  It has been published several places befo



referenced In the June 1971 report and in several



references quoted in the June 1971 report.



          MR. STEIN:  Let me ask you, Tom, do we ha
the
 and
B 1971
rug in
 that.
re and
ve a
copy of that methodology here?



          MR. GALLAGHER:  I am not sure, Mr. Stein. I



would have to check the notes, but if we do not I viill



make sure that Dr. CJuebedeauix gets one beifore--



          MR. STEIM:  Me should foe ahle to get one sent



out to him within c day or so?



          MR. QALLAGFEER:  Yes.



          MR. STL'IW: All right.



          DR. QUEBBDEA»Vr  All right, let's go over to the

-------
                  Dr. w. A. Quebedeaux, Jr.
 Table II-l and it shows the concentration of the h


 carbon separated from Galveston Bay oysters.  I th


 is interesting to note that in 38 percent of these st


 the conclusion is drawn on only two samples and on


 other 62 percent single samples were used to base


 conclusions on.  I find it extremely hazardous any


 to base any conclusion on that few number of sampl



 with something as important as what we are presuraa


 discussing today, I think that there should be more


 tion before we start throwing out some conclusions
 some  suggestions.
For any Kind of enforcement,  i
 ought to know where we are.


           Then I come to Page II-3-  That in reall


iinteresting and Mr. Gallagher's statement, and I q

i"
 These aromatic compounds Include dimethyl, trimeth
                                                       338
                              nk it
                              itions
                              the
                              our
                              time
                              s , and


                              iy
                              informa-
                              and
                              ote,



                              1.
 tetramethyl,  and biphenyl ncthyl ri'iorene ... "


           Mo.  1, the first three,  the dliethyl, this tri-



 methyl  and the  tetramefchyl are organic radicals,  they


 aren't  compounds,  unless  you  Intend to assume that they


 are  fluorenoa  too.


           And  then  the  next statement in  ono  of the most


 far  v/ronc  ones  that  I know of.  That statement is, "Those


 compounds  are  common eomponeinifcc of cr'ide  o)lo..."  In my

-------
                Dr. W. A. Quebedeaux, Jr.
research in petroleum chemistry and working for



companies I have never found fluorenes in crude



where.  Now, I have, therefore, some considerabl



to what is meant.  I suspect that what was mennt



these particular configurations, structuralconfi



of the organic compounds showed up as peaks and



one assumed that when they said that they had a



peak on a gas chromatograph that that was a comp



Well, nothing could be farther from the truth.



put this in a report of this nature is awfully b



          Now, you also note that none of the sai



that these things supposedly were found in were



any place other than prohibited areas.  My quest




now, what happens using the same procedure?  Do
                                                      .339
etroleum
il any-
 doubt as
was that
urations,
hat some-
imethyl
und.
nd to
d.
pies
aken at
on is,
ou find
these same compounds from oysters in approved arisas?



Without that kind of comparison I don't think you can




draw any kind of data at all.



          I have never been atole to understand why EPA



wishes to insist upon the isost unfavorable hydrographic



and pollution conditions.  My feeling Is that you ohould



have a mixture of all of tfaec-i to get some indication of



exactly what in going on and not Jwst taV.c your numbers



ao that your conclnslono arc In effect skewed.  That IB

-------
               Dr. W. A. Quebedeaux, Jr.
 very bad practice, at  least  in writing  a  technica


          Now, still on Page  II-4, I come down to


 odd statement.  It says,  "No  official criteria ar


 ently available for general  circulation as to the


 nificance of any level of heavy metals, or other

 materials found in oyster neat."  Well, in connec


 oyster meat that may be true, but certainly  there


 levels that your organization has published.  I b

 the copy of the book I have, which has a hardback


 binding on it, does give some of this information


 can only ask whether we aren't embarking on  anoth

 hunt.  We had one., you remember, some years  ago w


 cranberry industry was caused to lose an immense

 of money and suddenly they found out that the era
 report
a rather
 pres-
sig-
oxic
ion with
are
lieve
green
 \
r witch
en the
mount
berries
weren't affected.  We have had another one Just recently


in the phosphate detergent field.  Suddenly EPA comes

out and says, "We were wrong, there was no detrimental


effect."

          So is this another witch hunt that we are look-

ing at or do we really have reliable data?

          Then the next two words cover something that


was tried to be defined yesterday, those words "alert


level."  I Just don't know what an alert levol moans in

-------
                  Dr.  W.  A.  Quebedeaux,  Jr.
 the  context  that  it was  used by the conferees.



 alert  level  means a point at which something s



 If you are talking about civil defense you hav



 alert  levels.   But apparently this is  being us



 context that the  presence of an indicator will



 one  to the bad  treatment of some discharge.



          Now,  I  cannot  understand why the sta



 made in III  that  no overall complete  determina



 actual quantity of waste discharges into Galve:



 based  on  effluent samples was available.   Now,



 take it apart,  overall you are probably right,



 as Harris County  is  concerned,and at  the last i



 offered to give you  any  Information we had in i



 and we  have  records  of what these waste discha:



 been throughout the  years.  But I find., unfortum
 To me an
arts action
 several
d in the
alert some-
ement is
ion of
ton Bay



if you
but as far
eeting,I



ur file,



ges have



tely, that
when EPA personnel and their  predecesBors--tho;|r  are  no



different from  tSrose--doini 't want  to  be  InformelJ  they .just



don't (TO to the right place to ask the  question,  and then



you can com'j '.ip with a statement  that says nothing IB



available.   Well, it certainly is available  for  Harris



County and I will offer It again  to  yo
-------
                  Dr. W. A. Quebedeaux, Jr.
 Gallagher came out there Just after the last me

 there was one other time that we have seen your

 If you don't v/ant the information, say so and I

i bore you with offering it again.

I           I cannot see why on Page III-2 it i

i to make a statement, "It Is not possible to mak
I
I comparison of the compliance with permits."  We

 certainly the reason was that it wasn't listed

|voluntary self-reporting data.

           Well, obviously you were in the files

 Water Quality Board and if you had wanted to fi

 what the permit data was, that would have certa

 available to you.  As a natter of fact, it is c

 pater printout if you want It.  I have seen boc
                                                        3^2
jting  and

 people.
won' t
ecessary
  a  direct
n the
of the
d out
nly been
 a com-
s this
 thick  on It,  above t two inches thick, on a complete data

 printout,  and certainly you can have that.  As far as

 permits  fro or self-reporting system, ]; believe Mr. Teller

 has  told Senator Schwartz that there were at leatit a dozen

 different  typea  of printouts: that you could /ret.  So I

 can't  gee  why that wasn't available to you.

           Wow we will  go over to this Table IIl-l,  You

 a tart  talking about the totals from all oourcora.  Well,

 the?  minute you a tart  talking a'Tout total dl achar/roB you

-------
                 Dr. W. A. Quebedeaux,  Jr.






immediately allow one flagrant violator  to be hid among



his neighbors  that might  be  doing an acceptable Job and



that is  something that we don't  like to  see.  We will



like to  evaluate the various effluents  individually.  I



did not  go through the following tables  carefully, but I



do find  some areas that you find Just plain wrong.



          For  instance, if you go over  to III-2-C and



look under the city of Clear Lake, you  show an average



chlorine residual for 1970, I presume,  of 1.70. Veil,



that can't really be when you had at least three zeros



in that  list.  There is no logical reason for averaging




the zeros and even though they might have 5 ppm i,t other



tinea.  Then you come over to El Lago,  look under the



flow.  Well, that average flow that you show of ,271 is



different from the Information that I received fii'om the



plant itself.  MOM, while this nay be reported flows, that



doesn't necessarily mean that the self-reporting system



information is correct.



          Go down to NASA Bay, you have the same situa-



tion.   I believe last time,  Mr. Stein, didn't I give you



a  copy of the 1970 results from the sewage treatment



plants  in this count/!1



          MR.  STEIN:   YOB, you did.

-------
                  Dr.  W.  A.  Quebedeaux,  Jr.
           DR.  QUEBEDEAUX:   Well,  if you will che



 table  against  the  figures  here,  I think you will



 many more  fallacies  than I have  pointed out toda



           To get down  to the  song and dance abou



 Houston  Ship Channel as a  major  source of  bacter



 pollution  contaminating shellfish,  I don't belie



 is  any Information that exists where you  can sho



 Now, you might be  able to  show that there  is son



 teriological contamination In the shellfish them



 but I  don't believe  they carry a  tag as to wheth



 came from  the  Houston Ship Channel,  Trinity Rive



 or  from  the city of  Oalveston or  Texas City and



 think  that you  can flat make  that statement.



          There Is no doubt but what we do have
:k that
 find
1  the
.ological
 e there
  that.
»  bac-
 elves,



 r  they
  Basin
  don't
         i
 mproperlj
disinfected municipal sewage plants.  I  think  yo:u will



find, particularly at Sims Bayou, there  la a lift station



Just before It enters the plant.  There  are five big



collector llr.es that go Into It. One of  them is ^8,



there is two ^2-lnch, one 3<5» and I don't know what the



fifth one is, It Is one that faaa been built recently that



goes up Brayo Bayou.



          But Juat taking the discharge  that comoo out of



the [jlant,  you have no ««&,y of J:nowln(j the quantity that

-------
                  Dr.  W.  A.  Quebedeaux,  Jr.






 goes  out  of  these  lift  stations.   You  may think  i|;  odd,



 but going from that  lift station  into  the plant  itself



 you only  have  a 42-inch--one  42-inch line.



           Now,  how can  that handle  five  collector lines?



 I  don't think  that mass  disappears  or  disintegrates,  and



 if you want  to  go  back  to a case  on that problem, the



 Milby Estates  won  back  the  north  half  of Milby Park some



 years ago because of  this sane  situation and the untreatec



 sewage discharged  into  Plum Creek.  When that pan k was



 given to  the city It  was under  the  understanding that the



 city  would maintain it  in a. healthful  condition and the



 court found that it had  not done  so, so  they gavii the



 north half of the park back.



          Since that  time,  and  I  sent Mr. Yantis a copy



 of this picture, sent one to Mayor  Welch, that lift



 station had a crack in the  bottom and was leaking right



 out into  Simo Bayou and there was a big  puddle of septic



 sewage which now has been filled  in. But  all of these



 unauthorized locations of discharges should be stopped.



I am well in agreement with Mr. Vandernoof that wo should



not permit the  discharge of naterials of  this nature



except bhrongh  a place that we know it is facing to be,



          I found another situation on III -32.   Mr.  Stein,

-------
                 Dr. w. A. Quebedeaux, Jr,
I don't knov; whether you have ever seen this •
not.  I sent a copy up to the Dallas Office. :
analytical report that vie made on the portion
sampling run right after the last meeting.  W
-------
                                                       3/17
                  Dr.  W.  A.  Quebedeaux,  Jr.
 skipped  and  took  about  every  other  place.   You  didn't



 take  them  in sequence.   But it  does  indicate  thut  there



 is  something more needs  to be done.   As  far as  C know,



 and while  you promised  me  at  the  last meeting that all of



 us  up  and  down the line  would be  aware of  the analytical



 results, I have never seen any  results that your lab ran,



 and that v/as promised to me.  You did overrule  :ne  when I



 stated that  I felt under the  case decisions her} that the



 county of  Harris  was eligible to  be  one  of  the  :onferees,



 and for your information that is  one  reason thab I  asked



 that this  podium  be placed on this floor,  because  I



 wanted to  stay within your ruling.   I didn't  wait  to  be



 on  the same  podium.



           They say it is much easier  for you  to stand off



 and really be  in  opposition to  those  if you are not Just



 standing right beside them.



           There is one other  question  in this report.



You have something about some air flights.  My question



to you gentlemen  is after  these were  reported, what did



you do with  them.   Apparently they were sent  up to Denver



to Mr. Gallagher and Just  listed.   Well,  that is no way



to get enforcement.  If your  people made  thooc observa-




tions,  and  I oee no reason  to doubt that they did,  why

-------
                 Dr. W. A. Quebedeaux, Jr.






didn't they call us so we could go down there immediately



and take samples of it?  After all, this is supposes to



be a cooperative effort.  I ret-.lly have to, oh, I dDn't



know, take a little bit ofplcasure, maybe, in Mr. Tsller'i



statement that was reported by Mr. Scarlett, I guess it



was Monday or Tuesday, that he was objecting to the lack



of being able to see these reports which were being
sented to the conferees yesterday,
                                       His statemen
that if that is cooperation, why, he didn't want any part
of It.  Well, gentlemen, that is what I have been g
for 10 years.  His hide is Just not thick enough, that



is the only trouble.
          But I still think that if all of us coope
                                                    pre-
                                                   t was
                                                   etting
                                                   rate
                                                      But
we can get this thing on the road and get more done



throwing these reports out like you did yesterday is not



the way to do it.  I thoroughly agree with what Mr



Ozmore stated in Bob Eckhardt's speech, that we need to



get the show on the road, but we have to have information



and this information that is contained In this white



paper la Juat about as bad as what we had in t.,e so-called



black paper last time.  It Juat isn't there.



          I don't aee any need to go through the state-



ment of the Federal-State Technical Task Force.  I have

-------
                  Dr.  W.  A.  Quebedeaux,  Jr.
 to  agree  with  some  of  the  prior  speakers  that



 very watered-down situation  and  that  there  is  n



 of  a real enforcement  nature in  it, but I would



 go  to  the one  which  was  thrown out  on  the table



 Vanderhoof and then  quickly  withdrawn  and then



 in  what he called official position.   If he  doe



 enough of this Region  VI recommendations that  h



 why even  presort it?   That should be his offici



 tion.  But right now I am  at a loss to know  exa



 recommendations you  all are  considering.  You h



 least four sets.




           If v»e are  going  to Mr. Vanderhoof's F



 recommendations, in Ho. 2  you talk about "The n



 unfavorable hydrographic and pollution conditic
is is a
t much
like to
by Mr.



araphrasec



n't think



 made,



1 posi-



tly which



ve got at
gion VI
at
a will be
determined by technical personnel of the Texas State



Department of Health, in cooperation with the Il'ood and



Drug Administration and other appropriate Stat
-------
                  Dr. W. A. Quebedeaux, Jr.
 disinfection of all waste sources. Now, wh


 word "all" that means everything.  Current


 Quality Board permits allow a relatively s


 sewage to go in with industrial wastes wit


 fection.  Mow, are you going to disinfect


 point or as it leaves the pipe and enters


 I think that there should be a little bit

I
! tlon as to what you are talking about.
           Then we come to No. H, talking a


 plan and for collection and treatment of a


 wastes.  Aj?ain that word "all."  That stic


 How far does this regional plan—how far 1
 to extend?
           The last tiroe I attended a Water
                                                       350
 n  you  use  the


 y  the  Water
lall flow of
 out disin-
 t at that
he channel?
ore explana-
out a regional


1 municipal


s in my throat


 it expected
Quality Board
 meeting I heard three developers come up ahd with pitiful


 stories and crocodile tears telling that they could not


 afford to stay In business If the Water Quality Board


 didn't allow them to build their small plants.   Now, that


 isn't getting away from proliferation.


           And then we pet down to this last oontcnce:


           "Ko toxic or hazardous materials will be per-


 mitted to enter the regional cyotem."  Now, viho in going


 to  determine it and ho»i la it ftolng to be done?   I know

-------
	351



                  Dr.  W.  A.  Quebedeaux,  Jr.






 that  the  Water  Quality Board  looks  to the Gu!.f  Coast



 Waste  Disposal  Authority that we  have here  now  to be



 their  1. i I: Me  brother  down here, but after sone  two years,
why,  that hasn't  gotten  very  far^  at  least  at
. far as
 these  recommendations  seem  to  imply.



           Then  in  No.  5  we  have  a  flat  statenent  that



 says,  "The regional  plan shall require  the bent  available
treatment."  How,  that  is  a  lot  different  frc



setting guidelines.  And It  goes  on  and  says,
ment is now defined."  Well, who  is  the  one now  defining



it?  Is that EPA or do you have information that  these
levels that you have picked, the 5-5-1-1, arc
the ones that we should be looking at?  I haven't  seen
any information.  Or are they numbers out of
m actually



 "such treat-
 actually
a hat?  You
might wonder If the EPA Is hopefully trying to  reduce



pollution by Just changing their definitions on us.



          On this Joint waste survey, that is your No. 6,



there again I offered to supply you that, at least for



Harris County, and as far as Harris County is concerned



we have it in the Tile.  The water board has it in their



files too.  Maybe yo-.s didn't pick it up.  Maybe that is



like some of these other things that you didn't know what



you were golnfr to look for.

-------
                 Dr. W. A. Quebedeaux,  Jr.
          Then vie come to the  last sentence on 1



 "Recommendations and scheduling of best availab]



 raent will be provided to the conferees within si




          Gentlemen, the only  thing I can say at



 who is going to look in which  crystal ball?  The
seem to think implementation plans can be dreamed up and
followed without any basis in fact, and that is



that I can't quite agree with.
          How, then, on page 3 you are talking t.bout the
Texas Water Quality Board permits and self-repoi



system should be amended.  How, gentlemen, how c



amend a self-reporting system which is voluntarj



first place?  I don't know that you can.  At lee



wouldn't 'oe a volunteer reporting system if you
                                                       352
                                                 hat  page,
                                                 e  treat-
                                                 x  months.
                                                 out  that,
                                                  Feds
                                                 something
                                                          I
                                                 ting  data!
                                                o you
                                                  in the
                                                ct it
                                                are going



to set it down by rule.  Mow, I can't quite buy'it,



because I know what happens when those reports get up



there, I know how some of then are made out, and they are



not anywhere near to the trwe state of affairs 1ihat are



going on in the plants.



          In my own little1 city some year and a half ago



they sent up a self-reporting report and it ahovied that



they were on stream for the whole month.  Well, I know



for a fact that they were bypassing for 20 days out of
                                                          I

-------
                 Dr, W. A. Quebedeaux, Jr.






tr.at month.  It didn't show up on the self -repor bing



system, though.  And that is Just one instance.
          I v/as a member of a Chamber of Commer
mittee when I worked for the paper mill and charged with
responsibility of getting an estimate from the



plants of their air pollution.  Well, what waa
various
turned in
was not what was actually going out.  I knew that much



from the work I had done in the various industries the



year before.  As a natter of fact, my own mill took "ihe



true results and divided them by three and then
them.
          Well, Mr. Yantis tells us that self-r
is now mandatory by law and Board order.  All right, I
will stand corrected.  Then you can amend it by
                                                      353
ce corn-
 reported
sporting
 going to
the legislature.  Tnat would be the preferable  way of




doing it.



          I don't—



          MR. YAIITIS:  Walter, I do agree with nearly



everything else you have said, though, so far, so go



ahead.



          DR. QUEBEIVEAUX:  Well, that Is unuoual, Mr,



Yantin.  (Laughter.)  Wayfee flf I was reading your report



and tearing It apart, it roieht he different.

-------
                                                       354
                  Dr. W. A. Quebedeaux, Jr.
           MR. STEIN:  Maybe you want to termlna
 speech so you can keep your perfect record.  (Laughter.

           DR. QUEBEDEAUX:  I don't care--

           MR. YAMTIS:  No, It sounds good.  Keep on going

 (Laughter.)

           DR. QUEBEDEAUX:  I can't agree that the use of

 the label pounds per day for any parameter is a good way

 to look at pollution.  I think that you have to have some

 parameter that defines the amount of water that that

'particular contaminant is dissolved in in order to give

'you a better picture.  Obviously if you have a plant that

j discharger, a million gallons of waste per day end you

[have, say, 100 pounds of contamination, before the 100
I
 pounds has completely left the plant moat of it| will be

 pretty far down the river, because you can't stack it up

 all in one pile and then suddenly get all of the 100

 pounds drop out at once.  You Just rlori't do that unless

 I wan misinformed when I otwdied water flow in uchool.

 But apparently EPA likes to worV. with theao numbers.  It

 maker, them a little more obscure and really nobody can

 really unclero tand them.

           Tlior. we come rtcwir. to Ho. rj.  You arc talking

 about characterization and evaluation of the water qualitj
be  your

-------
                 Dr. W.  A. Quebedeaux,  Jr.
significance  of  the materials  contained  in  the  or



sludge dredged from the Houston Ship  Channel. Gen



I can conceive of  that only as being  a chemist's



mare. That is one  of the silliest things I  have e



heard, other  than  one other thing which  I would a



point like to give you.



          While  that deals with air pollution,  th



of Paris is putting up those towers and  they hope



collect 80 pounds  of participates per day drawn t



that filter system.  Eighty pounds per day  when y



a plant putting  out something like 8O,000 pounds,
are Just begging
                     question.  And this is the s
feeling that I have for this Ho. 9.



          Surely with that sludge you can identif



of them.  You can quite possibly find a fingerprl
                                                  anlc
                                                  lemen,



                                                  ight-
                                                  er
                                                   this
                                                   city
                                                  to
                                                  rough
                                                  u have
                                                  you
me
                                                   some
                                                  t in it
where you can show that in this county there might lie only



three or four plants capable of producing it.  Then you



have something.  But for tine way this wording is,, and then



this No. 10 IE much the same, you are_going to core the



sludge for the purpose1 of determining the exact tiource of



the settleable aolitfs.  Well, anybody that hac ever tried



any analyalo ought to know better than that, and it oounda



to mo like It in some of our civil engineer friends talklnlg

-------
                 Dr. W. A. Quebedeaux, Jr.





about something that they really don't Know anything




about.
          But anyway, I can't see any reason.



ly would agree with you that we ought to examine



for the purpose of determining the exact source,
wild.
          And then this 10-A.  The only ones you
going to restrict are the earthmovers.  Well, I
know of any earthraoving equipment along the charnel
unless you have a plant that is putting in a ho]



pond.  And certainly any development will be fai



from the channel so it won't be getting into the



But the only thing that you want, "develop legis



restricting earthraovers' work for development of



prevent erosion of sediments into the Ship Chanr
                                                      356
 certain-
 it,  but



 that's
 are
don't
ding



 enough
 channel.
lation
 land to




el."
Well, that is a lot of pretty words.



          Now, Mr. Vanderhoof, what is a fail-oeife



structure.   And then you cone richt up, "such aoi holding



ponds."  Well, a holding pond isn't fail-safe.  In fact,



we have got one right now that the Watcir Board and I



have in suit and we Just miade a survey of it and we find



that the material behind those dikeo let in ditches all



around and is getting: i"to the s*n Jaclnto Hivor.  They

-------
                  Dr.  W.  A.  Quebedeaux,  Jr.
 are  under  injunction,  but  a  holding  pond,  that



 isn't  a  fail-safe.   The  only thing I  know  fail



 be a steel tank  and  I  don't  think you have tha



 here or  have  that  in mind.   But  a holding  pond



           Then we  come down  to No. 12.  Appare



 man  that wrote this  must have been a  city  boy



 life.  He  talks  about  the  color  of the waste e



 from the paper mills.  Well,  let's assume  that



 going  to put  a regulation  on it  at 75 color un



 7.6"    All  right, now, which  scale are you  goin



 There  are  about  three or four different method



 measuring  color.  And going  farther than that,



 been a country boy,  you  itould Know that in you
experience that you would have had natural
leaves In them that have nuch more color than
                                                       357
 ertainly
 safe would
 meaning
tly the
11 his
 luent
 ou are
ts at pH
 to use?
 of
if you had
 own
ams with
 at you
are looking for here. I really can't see that there is



any information, I haven't seen any, that color in itself



is a detriment.



          Now, of course, aesthetically there is some-



times color coming out of a sewage treatment plant, people



don't like the aesthetic point of view.  But we are talk-



ing about water quality.  I don't know that color from a



paper mill La aomething that of necessity neodo to bo

-------
 	            	                              350



                   Dr.  W.  A.  Quebedeaux,  Jr.





  corrected.




           Then we get down  to  I  believe this  is  13.



  There were  two of them,  I think,  13(a)  and  (h).   Well



  the statement of  the  EPA in 13(b)  is  probably,  in my



  mind, better than the statement  recommended  by  the Walter



  Quality Board, because the  Water  Quality Board  statement,



  they are Just going to monitor.



           Mr. Stein,  for your  information, I  have in |my



j  files at least 30 different surveys on  the Houston Sqip



,  Channel. They started back  in  about 19'40 and  have conl.e



  forward about every three or four  years to have  another



:  survey.  It is time to quit that  'nisiness.



           Then we  get down  to  this l't(a)  and  (b).  Tlliat



 was the hie argument  yesterday on  whether 35,000  pounds



 per day of 5-day  BOD  or  120,000 pounds.   Well, I  don



 really care what  the  numbers are.  I  don't think  that you



 can take the numbers  and subtract  It  by the number of




 industries involved and  subtract a fev;  percent for a



 cushion, as  you stated,  that should be  left,  because  what



 you are In effect doing,  you are making  a nan that io



 treating h.l.n v/aste properly and In ;rood  workmanlike



 manner  and doean't have  th>e amount present that you  have



 allocated  to him,  why tal::c   that cwshlon,  take that,and

-------
                  Dr.  W.  A.  Quebedeaux,  Jr.
 put  It,  as  a  cushion.



           I  think  you  are  going  to  have  to



 effluent by  effluent.   I  think that is the




 can  do  it.   And when we quit worrying abou



 lj-0 foot deep in the middle of the Houston



 or right above it, for that matter,  some of



 white paper  you mentioned  some slicks going



 or two  miles down  the  shore.  You'll have t



 way  if  it's  all, I've  seen them, and sampll



 middle  of  the stream is not going to give j
answers.
          And here again we come to this ft
though I do like your nonbypassing devices,



end up, "such as holding ponds," Mr. Vandei
                                                       359
look at these
only way you



 what happens



ilp Channel,



 your—in your
 a half mile
lem go that



ng out in the
ou any valid
il-safe, al-




 but then you
hoof.  That
holding pond deal, that is one of the worst Gimmicks that



we have got around here.  Me have got boo many of them



now.



          No. 15, Mr. Stein, as an attorney, you are



talking about the F.PA directing the Port Authority to do



aomethlnc.  Well, I haven't neon any of th>eir representa-



tives here.  You are talking about a third party not



present.  Certainly they ought to be present and give



their viewpoint.  While it la true, I have boon for years

-------
	  ._.._.	      360



                  Dr.  W.  A. Quebedeaux, Jr.






 trying to get the Port to implement a system of wargea .



 There is one company  that now has them operating on the



 channel and do, do exactly what this- recommendation does.



 Now,  the Port Authority  could very easily do it knd just



 add $5 to their dock  fee per day to pay for  it if  they



 want  to do it that way,  but without their representation



 I don't think EPA, in this conference  anyv;ay,  can  tell



 them  what to do.



           And then we have this  No. l6.  That  id really



 one that reaches  far  back.  It says,  "The Texas Water



 Quality Board will immediately ban the ocean dumping of



 any wastes from Texas industries  unless such disposal is



 in  accordance with national policy."   Well,  what is



 national policy?   You have never  had  it.  In 1959  we had



 to  beat you  over  the  head  in the  AEG to stop damping of



 atomic  wastes out  there. How,  does  this national policy



 Just  apply to here or does it  apply to the Pacific and



 the Atlantic  too where a lot of materials are  going out?



 I don't know  what  that national policy is.   If there is



 going  to  be  one, let1 IE stop  then  all.



           Some  of  these materials  that are Going out I



 really  can't  see any  harrr,  in it.   But  when you get to



 radioactive ir&terlals, I can certainly oeo that harm,

-------
                  Dr. W. A. Quebedeaux, Jr.
 particularly when all you have to do to change  ft  license



 is  Just to have it advertised in the Federal Register  and



 then you nave got your license.  It took two years  in



 Boston for you to get up to an unlimited number of  tons



 per month allowed and also an unlimited amount  of radia-



 tion allowed and added to that plus special reactor prod-



 ucts.    Well, I asked the Director of the Research  and



 Development of AEG what reactor products was in the



 Texas  Medical Association and he couldn't tell  me,  but he



 had written a paper for the Third International Conference



 on  Atomic Energy in which he said that sea dumpage  should



 never  be done.   But then I heard him about a year later



 before  a congressional committee and he says, entirely



 safe.



           Well,  what is our policy?   I don't thlnki  that



 anybody  really  knows.   Maybe it la dictated by  tho  Great



 White Father.



           And  then jcoui are uffllklmig the Water Quality Board



 to  do something  ttoat ounce yew get out of the 10-mile



 limit they  have  no a.uufctor,E ty amud It Is doubtful that you



 do,  hdcauuG quite1  often: wlhieini Mustf '.w.&tjt in take  thsae



matarialfi out  It :ta  very '.iUff'twuVk rUy sever) 71 In  IJDWW A



 edaral  Agency  for  j«nnil!»a;t!>am H..JJ 'J#t lhs>m do 11 >  And
                                                        361

-------
                 Dr. W. A. Quebedeaux, Jr.
certainly the Water Quality Board doesn't hav



authority to do that type of banning.



          Then No. 17, Water Quality Board--w



ing about deep wells.  Here again,  "in accord




national policy as described by EPA."  Here a



is it?  Are you banning deep well disposal or



I know your position in the steel plant situa



that you were againbt it.  Well, is that the
over?
          I remember a meeting that we had ou
airport.  The one thing that has continually



that Mr. Vanderhoof opened the conference with



courne I think Mr. Teller and I were entirely



right when we both refused to take part in it




news media were not present.  You may not knov



we have an open meetings law in this State anc



and I would not take part in it until the EPA



Federal District Attorney agreed to let the n<



in.  But Mr. Vanderhoof*s statement was that '
                                                       362
                                                any
                                                are  talk-
                                              nee with
                                              ain,  what



                                              aren't you?
                                              Ion was
                                              ame all
                                               at the
                                              orried me
                                              --of
                                              in the
                                              if the
                                               it, but



                                               Mr. Teller
                                              and the
                                                 media
                                              his is an



example of the new Federallorn.  Well, from whftt I have



seen of the new Federalism, I can't help hut not like it,



and I giicoo I ami too much of a rebel still at heart to



like the Federal Agenciwo coming in and tolling a State

-------
                 Dr. W. A. Quebedeaux,  Jr.
agency or a local agency what  they  must  do,  and



what is happening.




          Now, on No.  18,  "All  toxic  substances



wastes discharged to Galveston  Bay  and its trlbu



shall be identified...  Gentlemen, how much money



got to throw down that rat hole?  You could  spen



time identifying some  of those  and  then  not  get
finished.
          And then you say that  "the toxicity of
waste will be determined in accordance with proc



described in Standard Methods Tor the Examinatio
Water and. Waste water,  13th edition.
That
poorest reference I have ever seen.  For Jnstanc



cyanide, if you follow that one, why, you will g




percent recovery on a known standard.



          We wrote your chemist in Cincinnati ab



cyanide procedure and asked hint exactly what he
      ;hat is
      'ound in
      ;aries



      have you
       a life-
      t all
      each
      dures
       of
B the
      ,  with
      t 20
      ut his
      id, and
the succinct sentence that carae back, "we look tia see in



any reference book If there is any method that we can use



and reproduce.  If not, then we devise our own."



          But to follow a single book, and I was told by



some of your Federal boys that they couldn't pick samples



up because they had to follow this particular volume.

-------
                  Dr.  w.  A. Quebedeaux,  Jr.

Well,  if  you  don't  have  any  leniency  or  leeway  in  phe
laboratory, certainly Standard  Methods  hasn't really
contemplated  the  extensive use  of  some  of the equipment
that is now available and that  is  much  better test avail-
able than was published  here in the  13th edition.
But to use that as  the standard, heaven forbid.
          And then in No. 19 I come up against ano
                        bher
alternative.  I hear it about every year and a half or
two years, and I have done that for about the last 20,
on this  instream  aeration.  Usually it is broughti for-
ward by a civil engineer or a consulting engineer
wants to make a lot of money on designing the program or  I
putting in the pipes.
It is Just about as bad
                        that
                                                          I
                                                          I
as that
situation where you put collector lines on each si
the channel and then take it out into the Gulf anc
charge it.  Can you imagine the size of those pipe
are going to need, the size of the air compressor!
are going to need, to do any appreciable instream
                        de of
                         dls-
                        s you
                         you
                         aera-
tion?
          Now, one thing yosi, Mr. Stein, had some com-
ment about the lousy 2  ppm    dissolved oxygen.  Well,
in air conditioning work you only cool that area of the
room, regardless of how tall the ceiling is, in w'hloh the

-------
                  Dr. W. A. Quebedeaux, Jr.
                                                        365
 people are going to he.  The same can be true In the



 Houston Ship Channel.  Just keep oxygen along the Bar-



 face.  Yon don't really care what has happened  Jown



 below, because as it comes upward you are going bo get



 some deterioration, you are going to get anaerosic con-



 dition, and it is going to be used up.



           I think Mr. Yantis was perfectly righb when he



! tried to point out to you yesterday that not all of the



 BOD that comes out, or suspended solids, of these plants



 ever gets to Morgan's Point or ever gets to Galireston



 nay.  It certainly doesn't.  I think somebody read an



 excerpt here fron this white paper about a sludge blanket



 on the bottom of the channel extending from the Northslde



 treatment plant some two miles, I think, or whatever It



 was.  But anyway, it drops out.  That Joesn't ireun it is



 completely treated.  But It doesn't get down to Qalveston



 Bay.  That is  a long way from It.



           Apparently there was some flurry In tihe Dallas



 Office when I  Informed the ComraSssioner 's  Court! of a studs



 that hart  been  made  tender interagency contract from the



 Water Quality  Board.   I  understand  that they nov; have a



 copy of  this  report,  which Is  the reaction ratcis of  the



 Houston  Ship  Channel  waters.   It wan performed by Dr.

-------
                 Dr. W. A. Quebedeaux, Jr,
Tom Reynolds for Professor Eckenfelder and da
1970.  I don't know why he didn't find it,
M,
didn't ask for it.  Maybe he didn't ask Mr. Yt.ntis
staff about reports, what reports do we have
Houston Ship Channel?  If he had, why, maybe
her's Job would have been a little easier on
paper because apparently what you handed him '
of uncorrelated facts and said these are the
we want you to get.  And he dutifully got the
          Mow, there is another report, I thi
done by Dr. Hann and was used as an exhibit i
company suit.  Actually it is Plaintiff's Exh
This la Selected Houston Ship Channel Studies
68-01-OOflO.  Now, if you are looking for stud
know how many more there are.  I don't have a
  .ad March
ybe he
  n the
  Jr. Gallag-
  >he black
  as a set
  onclusions
  k this was
   your steel
  bit No. 15-
   Contract
  es ,  I don't
  y access to
the number of these contracts that have been let, but I
will wager that there are considerably more than have
been brought to the surface.
          How, some of the previous witnesses have
stated about the compliance or noncompllance of sewage
treatment plants.  I didn't have time last night to Ret
It typed, but I dIJ photostat It for you.  Thla shows
that tn  the city of Houston, *«aing the BOD parameter and

-------
there are
                 Dr. W. A. Quebedeaux, Jr.
             plants, only 19 percent of them
pliance with their permit, using suspended s



meter only 7 percent in compliance with thel



using the residual chlorine parameter only 7



in compliance with their parameter.  So thos



parameters, 93 of them are out of line, and



at that report I submitted to you last time,



that is where I got these figures from.



          In Harris County, outside the city



there are 11O plants.  Using a BOD parameter



35.5 which are in compliance.  Using the sus



we only have 25-5 which are in compliance.



residual chlorine, we only have 7 percent wh



compliance.  Gentlemen, one of the first pla



start is to get these sewage plants and indu
are in corn-
                                             lids para-



                                              parameter,



                                             percent are
                                              last two
                                             f you look




                                             why, I think
                                             of Houston,



                                             we only have
                                             ended solids
                                             nd using the
                                             ch are in
                                             es for us to
                                             trial plants
or what-have-you In compliance with their peirmits.  And I



will give you this copy, submit it for your record.



          (The above-mentioned table follows:)

-------
                                                                            168
4, ^-^ w- - .
            1 '
                PI^
 StM/o. X /, 0(5
  V- vUffviM.
                                            __34	
  0    I P         4-    -t       ~*  A            C"
—JptfituhjLlmu /-«««*ti*T.a..-XQy^. tfgg. - nZO^m J^
                                                 //O
                _.fi
                   •-g>Ut*j.ita4*%<.
                                             L^
                 Put.
                                                        	J	
_._..3i	
                                              It
i^
 P  J    /
^U«uiu« f.


   f/U    .
   tfMillYKAA
                                              ^

-------
                  Dr.  W.  A.  Quebedeaux,  Jr.
           DR.  QUEBEDEAUX:   How,  Mr.  Yantis,  you



 awful  kind a while  ago,  so  I  was  Just  holding  y
 last.
          This  is  c.  public  hearing  notice  and  i
to consider proposed revisions of rules for the



Water Quality Board.  I have marked areas in th



proposals.  Now, if you read them carefully you



that under that first proposal, 510.6, you are



about all parties desiring to be heard shall no



executive director that he wants to make his pr



That is kind of hard, because a lot of times wh



up to Austin or even to a public hearing you do



know until you get there and see what is propos



other aide whether you want to make a statement
                                                were
                                                >u until
                                                 is going
                                                 Texas
                                                se  two
                                                will find
                                                alking    j



                                                ify the
                                                sentation
                                                n you go



                                                't really



                                                d by the
                                                or oppose
it or agree with it.  You don't know which way to go until



you get there.



          Now, this second one is a little nneaky.  Right



in the middle you have got a new section.  I ho,ve marked



it "new" on your copy.  That is dealing that "unless



authorized by majority vote of the decision-making body



no evidence will be received or heard by the dt-clBion-



making body except that wihlch Is neceflonry to correct or



review a summary of the evidence."  Well, gentlemen, that

-------
                 Dr. W. A. Quebedeaux, Jr.
is a real neat way of ruling out argument.  And up above
that I have underlined "a review of the evidence."  That
is part of what the hearing examiner is supposed to give
you.  Well, Just a review of the evidence slanted in the
manner in which the particular writer wants it slanted
is not a transcript and doesn't give you much to go on
if that is all you have got to read.  You have got to
read the slanted version, Just like you have got to read
the white paper and the black paper.  They're slanted
for EPA's benefit.
          Just for your record, Mr. Stein, here is a
letter that I wrote Mr. Harrison.  He had written me
asking me about additions to the record for the last
meeting.   Incidentally, did I understand you to 'say that
that would be made available to us?
          MR. STEIK:  The transcript?
          DR. QUEBEDEAUX:  Yes, sir.
          MR. STEIK:  Yes.
          DR. QUEBEDEAUX:  Well, Is it out?
          MR. 3TEIK:  I will have  to check.
          la  It out yet?
          [fo.  I Rties.i, .you '-.Tiovt,  the lon/rer the tran-
ncrlpb I.a the 1onp«r  It f.a/.os to ft.at out,   (Laughter,)
                                                      370

-------
                                                        371
                   Dr.  W.  A.  Quebedeaux, Jr.
           DR. QUEBEDEAUX:   Hell,  Mr.  Harrison's letter
 said it was  supposed  to  go to the printer on the
 last month.


           MR. STEIN:   Well —


           DR. QUEBEDEAUX:   So I was Just curious i|f your


 printer was  lagging  behind.


           But anyway,  in  this I have a complaint a|bout


 you, Mr. Stein.   (Laughter.)

           MR. STEICT:   That's »«hy I'm here.   (Langhlter.)
           DR. QUEBEDEAUX:   I  said,  we were talking


 your ruling that you  did  "extract from Mr. Yantio
Oth of
 about
 promise that we would be  kept  informed  of the analytical
i

! results and any conferences **ilch  were to be held tetween


 the EPA and the TWQB. Under  those clrcunmbuncos, 3! told


 Mr. Sbeln that I could accept  his ruling;  however, this


 office has not beorv  Informed of  any analytical results,


 nor given any Inclicatian  as  to what took place at con-


 ferencen which have  hxen  held.   From pt.nt experience with


 the stabe staff, I had no illusions as  to whether they


 woulrl honor their comrol fcmenta, but r wan perfectly willing

 Lo believe that Mr.  Stetrt  McmuJfJ.   It flet-'-wo Unit I wan wrong


 1.n thla  Instance aUo."

           Now, I ,'ont, thf.rt to  Mt-jc DftiMan nfflcn and

-------
                 Dr. W. A. Quebedeaux, Jr.





then there is a companion letter sent to Mr.



I think the last paragraph is really the one



pertinent.  I say in this letter, "We might c



present situation to the comment prevalent in



which when paraphrased  becomes, 'The Texas W



Board (like the Lodges) speaks only to the En



Protection Agency (or the Cabots), and the EPA



to God.'"  (Laughter.)  "if this is the situa



must be followed, the cause of environmental



has taken a forty-year backward step."




          (The above-mentioned letters follow
  	372










uckelshaus.



hat is



mpare our



the 1930's,



ter Quality



ironmental



speaks only



ion that



Dilution

-------
                                                                               373
W. A. Q JEBEDEAUX. JR., PH.D.
          DIRECTOR
              HARRIS COUNTY  POLLUTION CONTROL

                              IO7 NORTH HUNGER • BOX OO31
                              PHONE 1713) 228-8311. EXT. 881
                                  PASADENA. TEXAS 778O2
  DEPARTMENT
                                     October 15,  1971
        Mr.  W-UT.1a.il T).  Ruckelsbous
        Qwironmental Protection Agency
        1626 K Street,  H.W.
        Washington B.C.   20i£0

        Dear Mr.  Rockelshaus:
your
        I am enclosing a letter vblcb I have submitted to
        for inclusion In the record of the enforcement conference
        of this year in Houston.  As I stated In my present) rlion
        realistic for the federal agency to hava conferenceiji
        with the Texas Water Quality Board staff uhen there
        agency, which is older than either of the  above oneii
        ledge of the situation in that local jurisdiction
       We might compare our present situation 'to  the  comment  prevalent in
       the  1930*s, which when paraphrased becomes,  "The  Te:as Water Quality
       Board  (like the lodges) spooks only to 'the Bivironmi ntal Protection
       Agency (or the Cabots), and  the H.P.A.  iSpeako  only 110  God."   If this
       is the situation which mwt  be followed;, the cause < if  environmental
       pollution; control has  Just taken a forty-year  backwird step.
       Sincer jly yotnrs,
   Dallas office
      hold in June
      it seems un-
 and t^iif only
is a viable local
  with full know-
       Director

       WAQ/pl

       IhcloDuros

-------
                                                                             374
w. A. QUEBEDEAUX, JR., PH.D.
         DIRECTOR
             HARRIS COUNTY POLLUTION CONTROL DEPARTMENT

                           1O7 NORTH MUNOER • BOX 8OS1
                           PHONE (713) 228-eSII, EXT. 881
                              PASADENA. TEXAS 77SOZ
                                Oetotor 13, 1971
Hr. nraaa P. Harrlaon, II
Acting Chlaf ( Biforcaaan
SovlronMittal Protection Agancy, flunlfln VI
1402 Oastroat
Jtallaa, Taw  75202

Caar Mr. Barrlawi

X MB rattor aurprlaad to rooalva joor lattor of Ootobar 8
abont additional aoddbit*.  If JOB uUl raad tto raoocd, you
ttot tto Haaring Boadnar, ». Hurray Stain, tod praalMd ttot i
        mold to kapt InfozMd aa to tto analytical raaulta of
                                                             vtJ.
                                                         irlog
                                                         [Ifiafl
                                                         til
                                                         tto
                      vw pvfoivvd JaWtdiittteiljr ttftjtf ths
IJhlU to did aay ttot to fWLt that tto fadaral atatoto uniar rfdloh to
operated pravBBtad a looal aaanegr from being oonaldarvd a oonfaiwa
to did •xtxaot firoa Mr. 3toU* a prcadaa that «a wold to kapt

twaan tto £.P.A. and tto T.V.w.8. Uoder tboM olronMitaoMe, I
Stain ttot I ocrald accept hU roUngj bowvrar, thla offlea hu
idth tto «tet«
ttoir ooMB
wonld.  It
I 0
                       which hnv
                    I tod Bo «'»l"f
                                            told*  Ann ptot
                                            •• to tAatltwr ttoy
                      , but I vu pvfoctly vUlii« to bilin* ttot
                      ttot I vu umv ia tM« ^Mtaono (»1».
                      copy of tbo •oaljrtloil nMlto «Ai± v» obUlniid from
         portion of tto «n|>lM oolloetod dBim on* of th» «blp cbannil mm
                                        local irapMMotatii
                                                               :lnfbnad
                                                                iald to-
                                                                told Mr.
                                                               i|»t DMA
                                                                to vtot
It
                                                            Stain
idth tto S.P.A.  I tod prariooaljr
Kalltu, a copy of ttoa* xMnlto aaS w* pradMd to ton ooplaa of
ttoM tto B.P.A. obtain*!.  W» tof<» art norinA tb»M.
                                                                w, Mr.
       In «jr opinion, it mold bar* toon battor if jronr loital
       tod allouad na to wa oar boat la ooajtnotlao idth itto OM B.P.JU u«ad.

-------
                                                                        375
Thorns P. Harrison, KPA Region VI
October 15, 1971
Pag* 2
so that samples from those industries along the shore line ooulc be ob-
tained at the same tine that saoplea ware being made in the rnidcla of
the channel, approximately 100 yarde away*  Your representative did not
allov us to do that, and we attempted to forecast the tine of toy at
which our boat would be at any particular nilepoat*  I had a a signed
one nan on either aide of the channel to collect effluant sample a from
the shore line industries.  Unfortunately, we ware able to obtain only
six*  The results of tbeoe tests are abovn alongside the approp late
mile post samples*
We would appreciate receiving the results of the B.P,A. aaaplea
to the reconvening of the enforcement conference; in order to
better position to evaluate what needs to be done from our leva
government.
I am informed that your offioe already haa a copy of the report prepared
by Or, Tom D. Reynolds and Professor U. Wesley Eckenfelder, und ir Inter-
agenoy Contraots IAC (68-69)-237 (Bnlveraity of Texas) and IAC  [68-69)-
244 (Texas I*M University)*  If you do not have a copy of this ; report,
X would like to suhcit one for the record, if you will ao adviai*  The
second sentence in the introduction on page 1 of this report atites,
"During many tiaes of the year, fish kills have occurred in the receiving
body of water, Galvestan Bay, and tba oyster, shrlap and fish h unrest in
the Bay has been limited because of tba pollution problem*"  Ob piously,
such a statenent in a report done under contract and paid for br the
Texas Mater Equality Board is an admission again at their interest and the
position which they atteaptad to •»<«t*fn during the onforcement hearing.
TIKI one question which retaslns in «y nind isi  how nany other oich re-
ports detrimental to the Wat«r (*uallty Board's position are in  xiatenoe
but werj not made available to the E.P.AT

I might auggest that you check with tba office of Governor Smit  to de-
termine all of the Intaragenoy contracts which have been parfornad.  Under
our statute, tbasa contracts should be approved by tho Governor
prior
 in a
 of
s offioe,
and it might prove to be a veritable gold mine of information for your
consideration*
Sincerely
W. A. Quebadeaux, Jr., Ph.D.,
Director

WAQipl
Enclosure
ooi  William D* Ruokalahaos*^
     Attorney General of Texas

-------
                 Dr. W. A. Quebedeaux, Jr.
          DR. QUEBEDEAUX:  Well, I really meant



I told you at the last conference a fie on all



your houses.  Now, two of them appeared here.



heard any of the cheering section, industrial c



section, representing support for the Texas Wat



Board.  So that might be changed to fie on both




now instead of three.



          Mow, in your report I well agree with



the BOD is not a good parameter for industrial <



It is a rather minimum test of questionable val



sometimes for sewage treatment plant, but that v



it was designed for.  But industrial waste is a



horse, a different ball game, and that kind of



on an Industrial waste permit I well agree with
                                                      376
it when
hree of
 haven't
eering



r Quality
of them
you that
astes.
dity
as what
different
arameter
you is
out of place.



          Wow, the suggestion of Mr. Vanderhoof of the



COD or the TOO, well, they night show a little bit more.



I still like the biowaste assay method better. And I was



really surprised yesterday when Mr. Yantis did finally



admit that in the late 1950's that we did have fish in



the Hounton Ship Channel, and it was much better than it



is today, although It probably had a much higher BOD load



I know that to he o fact.  From 1955 until 196! until the

-------
                 Dr. W. A. Quebedeaux, Jr.
Water Quality Board Act was first passed I did hav



in that bayou except for one mile and that mile wa



the middle of it was a plant that had been able to



appeal on a suit that I had filed.  But the law ha



changed now and there la no reason why by taking c



the effluents, the inputs to that channel, if we h



those so that they will allow marine life to live,



two years that channel will have life in it too.



          I think Mr. Greene was talking about two



mits which came up for hearing in the last week or



One of them was Sinclair Koppers.  And as he said,



manager of Sinclair Koppers got up and stated that



had talked with the State staff and they had sugge



that he put in that permit amendment.  Well, the p



amendment was raising everything by about 3 over w
                                                      377
 fish
--in
    an
re of
 Ithin
per-
 he
 ed
rmit
at he
had, with one exception.  That exception, he already had



a total aolida of 60,000 ppra on hln old one.  Well, they



dropped that to 5,000.  That is the only difference.



          Sinclair Koppers hasn't iheen passed by the



Board.  I hope it Isn't.  I did get the manager finally



to admit that the only reason he had put It In wa£i to be



In Q position so he could not 'he prosecuted In th«



interim for the permit values that he haril hart under the

-------
                                                      377
                 Dr. W. A. Quebedeaux, Jr.
Mater Quality Board Act was first passed I did hav



in that bayou except for one mile and that mile wa



the middle of it was a plant that had been able to



appeal on a suit that I had filed.  But the law ha



changed now and there is no reason why by taking c



the effluents, the inputs to that channel, if we h



those so that they will allow marine life to live,



two years that channel will have life in it too.



          I think Mr. Greene was talking about two



mits which came up for hearing In the last week or



One of them was Sinclair Koppers.  And as he said,



manager of Sinclair Koppers got up and stated that



had talked with the state staff and they had sugge



that he put in that permit amendment.  Well, the p



E.mendment was raising everything by about 3 over w|
 fish
--in
    an
re of
within
per-
the
ne
ted
rmit
at he
had, with one exception.  That exception, he already had



a total solida of 6o,OOO ppm on hia old one.  Well, they



dropped that to 5,000.  That is the only difference.



          Sinclair Koppers hasn't been passed by the



Board.  I hope it Isn't.  I did get the nanager finally



to admit that the only reasiom he had put it In waci to be



In a position no he could not l-e proncctited in tins



interim for the permit val-.i«n that he had had under the

-------
                 Dr. W. A. Quebedeaux, Jr.






old permit and which he was exceeding.  To me that la



real poor practice and a real step backwards.



          The permit for Phoenix Chemical was given b



the board.  I think it is awful bad practice on our p



when there is a suit in progress to amend any permit.



It is Just like changing the rules of the baseball ga



when you are halfway through it, or a football game.




Once it is under the jurisdiction of the court I don1



think the board1 should take part any farther.  Now, o



course, that is where Mr. Yantis and I disagree, but
rt
hat
is not the only place.



          Thank you, gentlemen, for hearing me out.  I



don't think I was quite as long as I was last time.



will be glad to help you or work with you, but at lea



we would like to be kept informed.



          MR. STEIN:  Thank you Tor your comprehensive




statement.



          You know, sometimes I wish they would release



these tall silent Texans from the movies and let them



come to the conferences.  (Laughter.')



          I think that concludes the public statementa.




We have no more requests.  And we Indicated laot time



that we would have an executive session, hot wo aloo

-------
                                                      379
                         M. Stein
indicated that we would do that with the public presitnt--



if the public wanted to be here—unless we got i reqiest



otherwise.  I have no request for a private session  >f



the executive session.  And let me tell you how we c



this so we can proceed.



          The public presentations here are completes now.



You are entirely welcome to watch us in the executive



session when we reconvene.  But Just imagine that there is



a glass wall in front of us, that you can hear us but we



can't hear you.  Now, we may have some discussions among



the conferees where you might get very excited, like
spectator at a football or a baseball game.  And whi




would like to hear about that, at the executive sese
are going to have to make the ground rule that the cnly
ones who are going to speak are the conferees and th



technical staffs.  We will be glad to hear this late



cause this is the—we have to get into the working i
le we
ion we
eir
r be-
 ssion
so everyone will see how this Mill be done,



          When would you like to reconvene?  Shall we say



a quarter after 2?



          MR. VANDERKOGF:  That will be fine.




          MR. STETN:  Is that all right, Mr. Yantia?



          MR. YANTIS:  Yes.  And my technical staff will

-------
                                                       3 Bo
                     Mrs.  D.  Cherry
be present.   It will  include  Dr.  Quebedeaux;  I



include  anyone else in  the  audience  with  whom
I  should  communicate.



           MR. STEIN:  Very well.   All  right.



           Are there any other questions  or  com  ents?
after 2.
          If not, we  will  stand  recessed  until
           (The following letter was submitted
  will
  feel that
 a quarter
'or the
record as if read:)
          November 3, 1971



          The League of Women Voters of the Bay Area
wishes to go on record as supporting the long
range 19-
point recommendations as put forth by R. A. Vanderhoof,



Acting Director of EPA, Dallas Oii_ce.  We strjongly urge



that the EPA not compromise on these particular recom-



mendations .



          We heartily agree with thoae citizens  organi-



zations who suggested that representatives fromi theoo



groups be included as nenibcro of the Technical Task Force,



official boards and committee; for new studies made of



Calves ton Bay and tributaries.



          Mro. Donald Cherry, Prcoldcnt



                           RECESS)

-------
                                                       381
                     AFTERNOON  SESSION




                WEDNESDAY,  NOVEMBER 3, 1971




                                           2:15 o'c






                     EXECUTIVE  SESSION






           MR.  STEIN:   Let's  reconvene.




           I  would  like to  read from the  statute  he




 I  think we have  a  task to  devote  ourselves to  firs




 was  required by  statute. It  says:




           "Following  this  conference, the  Administ




 shall prepare  and  forward  to all'the  water polluti




 control agencies attending the conference  a summar




 conference discussions including  (A)  occurrence  of




 lution of  Interstate  or navigable  waters subject t




 abatement  under  this  Act"--that is  the Federal Wat




 Pollution  Control  Act--"(B)  adequacy  of measures  t




 toward abatement of the pollution;  and (C!)  nature
.ocV:
 ausf:
; which
ator
 of
pol-
ken
f
delays, if any, being encountered in abating the pollu-



tion."



          These generally are considered the bol lerclate



conclusions of the conference, and the Administrator haa



to send theac forward.  I womldl like to have sugECistions



or recommendations on these points.



          Let's start with 1, the "occurrence of pollutlor

-------
                                                       382
                    Executive  Session
of  interstate  or  navigable  waters  subject to abj




under  this  Act."




          MR.  YAHTIS:   Mr.  Stein,  excuse  me, bu1
you go  back  still  further?   The  conference  was  called




under a provision  relating  to  the  hindrance of  the  sale




of shellfish  in  interstate  commerce.




          MR. STEIN:  That  is  correct.




          MR. YAMTIS:   I wish  you  would  read  that so we




would have that  clearly in  mind.




          MR. STEItl:  "The Administrator  shall also  call




such a  conference  whenever,  on the  basis  of reports,




surveys, or  studies,  he has  reason  to believe that  any pol




lution  referred  to in subsection (a)," which  says   pollu-
tion which endangers the health or welfare of an
tement
 would
  persons
'...Is occurring o, nc finds  that substantial econonic  injur;



results from the inability to market shellfish or shell-



fish products in Interstate commerce because of pollution



referred to in  subsection  (a) and action of Federal, Stati




or local authorities."



          Are there any an^ecstiono on  that first pro-



vision?



          MR. VANDEREfOOP:  I would like to addreiua that



point, Mr. Stein.

-------
                    Executive Session
           I believe it Is  abundantly clear that tliere is
                                                       383
 pollution  caused by municipalities  and industries




 are  subject  to  abatement  under the  Federal Water




 tion Control Act, and this pollution is occurring



 conference area.




           MR. STEIN:  Yes.




           MR. YAMTIS:   Mr.  Stein, this is  either



 ment or  a  question.




           According  to my memory, the  conference




 called because  the Secretary  or  the  Administrator
 which
 .n the
a state-
was
 felt
 that he had!  information  that  there  had  been  substantial



 economic injury  in  the sale of  shellfish  in  interstate



 commerce.  I don't  believe that  there was any  other  basisj



 for the conference.  If  I an  wrong, please correqt me.



          MR. STEICf:  That Is right.



          KR. YAMTIS:  Mow, there Mas t«stimony ijihown not



 so much as to the total  size  of  the oyster industry  from



 Galveston Bay or the oyster industry in Texas  aa a whole,



but It was shown that the economic Injury complained



about wao somewhat less  than  420,000, of which somo was



 recovered because of the ability to transplant oysters



 bo obher areas. And this  did not  Include tho cost of har-



vesting, which would have reduced the value of the oyster i

-------
                   Executive Session






I am speaking from memory, but the facts are in the



record. And I please want all of us to remember the fa



that were laid out in June, not Just the information




which you have heard since or read since.



          But I would hold that on balance the kind of



injury spoken of is not substantial economic injury. I



was shown that not only were the oysters from approved



areas satisfactory for sale to the agencies having leg



Jurisdiction, despite the agreed-upon need for further



research, but the areas that are closed have relativel



few oysters, though there are some; and some of the po



lution is not necessarily preventable, certainly not



rapidly.  And I believe, and the Water Quality Board so



stated, that the original calling of the conference wa



improper.  We do not make any claim that there is not



pollution, that there are not things that nead to be c
                                                       ts
                                                       r-
rected, that harm has not been dlone.  But th« body of



law set out rather specifLcally that we were to prove



that there had been substantial economic injury to th«i



interstate shellfish Industry and It was not proved.



          So I hold on that basis that there ought to be



a finding of fact that the pollution disclosed should be



abated, but not as a result of a finding of oubotantlal

-------
                   Executive Session
economic injury to shellfish,
hoof?
          MR. STEIN:  Do you agree with that, Mr,
          MR. VAMDERHOOF:  Mo, I don't. I don't be
the finding of this conference is a proper subject



debate.  The Administrator has already found that



is reason to believe there is substantial economic



in the shellfish arena,and therefore he chose to c
thin conference.
as I am concerned.
That is the end of th° subject
          MR. STEIM:  All right.  Let me try to su



this because I am not sure we «*an get an agreement



          The Federal conferee said that "there is



rence of pollution of interstate or navigable wate



to discharges from municipal and industrial source
                               ander-
                               ieve
                               of
                               here
                               11
                                                   as far
                                                          I
                               marize
                               ccur-
                               s due
                                sub-
ject to abatement under the Federal Act."



          The State conferee states that*'this conference



was.called under the shellfish provisions of the Act and




that while there is pollution occurring in the waters



covered by the conference that It has not been demon-



strated that there are substantial damages to ohellfish




shipped In interstate commerce.''



          MR. YAKTIS:  Mr. Chairman, that in cnuentlally

-------
                   Executive Session
my position.   But I would like to add editorial



fully aware of the grossness of pollution throu
area, of the public interest in it, the fact that it



should be abated; it is being abated. We make n D claim
that all of the actions taken by our board are



or any of those things.  We knovr this.



          We are saying that the basis upon whi



conference was called was Inadequate then, it is



quate now, and the charges were not proved.



          MR. STEI1I:  I understand that.



          All right, I thinfc we have gotten the



We are setting up a summary, and we will forward
                         adequate
                         ch the
                          inade-
the Administrator,
He will have your views and the
Federal conferee's views and will send a recomra



to you based on these views.



          MR. YAMTIS:  Thank you, Mr. Chairman
                         Ly, we are



                         jhout the
                          positions
                          this to
                         endation
                           That is
all we ask.



          MR. STEIN:  All right.



          How, the second point I have, and again I want



to make my point that these are required by statute.



          "Adequacy of measures taken toward the abatement




of the pollution."  Does anyone have a suggestion on thatl



          MR. VAHDERHOOP:  I Jmve, Mr. Stein.

-------
I
                    Executive Session
         vWhile measures have been taken to



pollution, that is municipal and industrial



they are not yet adequate."



          MR. YANTIS:  Mr. Chairman, I agree



that.  I would put it in this context, howev



remembering the presentations made by indust



own staff, by some members of the Federal Go



fully agree to the finding of pollution in m



We fully agree that actions have not yet aba



pollution.  To this extent they are not yet



But I think that you should not assume that



local government will not take further actio



are not moving in the direction which will i



          I woul?! say that not only is there



activity by the State  but by the local gove



many levels of local government, by private



and by the Federal Government.  On a coopera
                                              'educe such
                                             lischarges,
                                              fully with



                                             sr, that




                                             •y, by my



                                             rernment, we



                                             my places.
                                             bed this
adequate.



bhe  State  and



is,  that we
                                             isure success
                                              room for
                                             rnment, by



                                             Citizens,



                                             bive basis
 we welcome the help, we need the help, we neisd the



 resourcen of the Federal Government.  But we would not



 agree bo a finding that the State and local notions are



 necessarily In the future to be Inadequate.  We think



 that the genius of our country in that people can govern



 themselves at the local level.  We think there IB a propoi

-------
                                                       388
                    Executive  Session
 role  for  the  Federal  Government  and  we  want  It,  but
 imply  that  absent Federal  pressure  there  would  be  an



 inadequate  local and  State  response  we  believe  la  not



 correct  nor has it  been  shown.
           MR. STEIN:  Did  you  mean  to  imply  that  by
your
finding?



           MR. VANDERHOOF:   Mr. Stein,  I  make  no  implica-



tions  other  than  stated  in  these  rather  simple words



'Vfhlle  measures have  been taken to reduce  such pollution,
they are  not  yet  adequate.  I think  that  is as  clear



can state it,



          MR. STEIN:  All right.  How, let's try  to
that.



          I think Mr. Yantis indicated he agreed with



this.   I believe you did  use the word  "Federal" at  one



point,  and I am not sure  you didn't mean "local."   But
I assume that you meant State and local rather than
to
as I
Bet
State
and Federal.



          The conferees are agreed on this, but the con-



feree of Texas says that he does not mean this to imply



that State or local action in the future will not be



adequate to abate the pollution.



          Is that agreeable?

-------
                   Executive Session






          MR. YANTIS:  I think  that is very close



          MR. STEIN:  Go ahead.



          MR. YANTIS:  I perhaps would sayHmore n



adequate if we want to be precise.



          MR. STEIN:  All right, aay  "more."



          MR. YANTIS:  Another  way of saying is



plenty of work for all of us, i i: has  to be done,



come your help, but we would not want an iraplicat



we have any intention, either State or locally, o



where we are.



          MR. STETH:  All right.  And I think we



say,'nor is there any intention, either State or 1



of fihe pollution abatement program stopping where



0. K.?
                                                       309
 arly
.-here  is
   wel-
 on  that
  stopping
 hould
 cally,
 it  is.
          MR. YANTIS:  Yes.



          MR. VAKDERHOOP:  I Mill concur, then.



          MR. STEIH:  All right.



          Now, third, "nature of delays, if any, lieing



encountered in abating the pollution."



          MR. VANDERHOOF:  I will make this statement,



Mr. Stein.  Delays fvavc been caused by the complexity of



the problem.  Now, the word "eonplexlty" hao many rami-




fications, including enormity of the tank aa well ao the

-------
                                                      390
                   Executive Session
complexity.



          MR. YANTIS:  Mr. Chairman, I agree



fully, and I must editorialize.  The public
 with  that
ma  never
fully understood in the past the problem thab had to tie



met.  Many governments, including the Federal Government,
did not always understand in years past the



solved.  Funds have never been available in



either locally, State or national.  Taxpayer



always eagerly run dovm to pay taxes or to v
issues.
          So In summary, I agree absolutely
Mr. Vanderhoof said, it is an enormous probl



complex problem, it needs public support, it



governmental support, and it is worthy of th
of all of us.
          MR. STEIN:  Can we summarize by sa
problem to be



bhe past,
s  have not
ate  for bond
     what
sm,  it is  a
 needs
5  best efforts
(Ting, Delays
have been due to the enornlty and complexity of the prob-



lem"? Will that be all right?



          MR.YANTIS:  Yes, all right.



          MR. VAHDERHOOF:  That will be satluractory.



          MR. STEIN: All right.



          These conclude what the Chair hao to say.  From



now on the conferees are on their own.  You have satisfied

-------
                    Executive  Session
 the  statutory  requirements  as  far as  I am concerne



 if you  have  any  other  suggestions,  you can make th



           MR.  YANTIS:   Mr.  Chairman,  I would like



 restat" '.his,  because  people quite  often minunderG



 words and  they say,  Well, that is Just semantics.



 everything is.



           We want  the  Houston  Ship  Channel and  Gal1



 Bay  cleaned  up,  kept clean  and preserved.   We know



 the  city of  Houston  has  a problem,  as  do all of the



 down here  have problems; so do the  industries.



           When I say that we did  not  show  substantl



 harm to the  Interstate  sale of shellfish,  I do  ackr



 edge the problem overall.   I asn simply falling  bacV



 the  provision  of the law under which  this  conferenc



 called.  The law says so-and-so and the  law didn't



 it.
                                                       391
 and
and
Nearly
eston
that
 citiei
owl-
 on
  is
 rove
          So we object to a finding on that point of  law



which la basically all that la before UB.  Everything



else that has been aald about pollution and the neilid  to



control It :! o absolutely true, probably fur more than



moot of you know,  pleasie renverobcr, when moat of you were




in a panic about mercury, ncra** of you wero in a panic



about cadmium; you had Jtliply micver heard of it.

-------
                                            >e  solved.
                   Executive Session

          So there are many pollution problems, some
known, some not known, but they do need to
          MR. STEIN:  Thank you.
          Your views on the adequacy of the provision of
the law and the findings calling the confernnce will be
reflected in the summary and I am sure the record here
will speak for itself.
          MR. VAHDERHOOP:  Mr. Stein, do I need to put in
any more words to support the Administrator
          MR. STEIII:  Ho.
          MR. VAMDERHOOF:  Very good.
          MR. STEIM:  Ho, you  stated your p
I think the positions of each of you  are  vea
The function that we have In the summary, ar
to point this out, Is Just to report  what yc
are on this, and I think the positions you
                                                       392
                                            in calling—
                                            >sition,  and
                                            y clear.
                                            d I would like
                                            ur positions
                                            ave both
stated are abundantly clear.
          0. K.  Are there any other recommendations?
          MR. YAHTIS:  Mr. Chairman, not on thoae three
points .
          K!l. 3TEIH:  Not on tlieiie points.
          MR. YAKTIS:  Of course we have the other mater-
ial Qtill before us.

-------
                   Executive Session
          MR. STEIN:  The other material, that is



mean.  And I suggest, we had possibly 11 recommen



As far as I can see we are pretty much in agreeme



would hope, and we had better go through those to



We have got it on 10 of those.



          MR. YANTIS:  Mr. Chairman, if I may dis




one of them.



          MR. STEIN:  All right.



          MR. YAhilS:  You read at the beginninR



conference or had Mr. Broun of Houston Lighting &



Company read a motion that that problem be severe



this conference apd settled in some other forum.



would like to restate that there are other forums



do not lessen in any sense the control or the inti
•;hat I
Eitions .
t, I



be sure.j
ose of
f the
Power
 from
nd I
that.
rest of
local, State or Federal Government.



          They do, however, get it out of this, wh t I



believe the Supreme Court once called an impenetrable



thicket; they do get it out of the thicket of being dealt



with along with so many other things.  But every citizen,



every level of government will have ao much right to speak



or to intervene as tt ever had.  We simply talk about that



subject all by itself Instead of with a few hundred other




subjects.

-------
                                                      39H



                   Executive Session






          The motion was not discussed and, therefore,



I think the record is completely silent.  I woulc like



to suggest that it is my position as the State cmnferee



that it is proper to sever that matter and deal with it



in the forum of the Corps of Engineers 1899 Refu le Act



permit, the environmental Impact statements, and so on.



But I do concur in having that issue removed from this




particular agenda.



          MR. STEIN:  I have indicated, as Mr. Brown said



I will take your view and Mr. Brown's view to the Admin-



istrator.  I think since he called the conference, told



us what we had to cover, it Is beyond our Jurisdiction to



remove anything here or add anything here.  But 1 will



take these views back to the Administrator for iuch actio^i



as he may want to give it.



          Do you have any comment on that?



          MR. VANDERHOOP:  My only comment, Mr. Stein,



is that I believe there is enough information provided



in the several documents to afford the Administrator a



good overview of the situation on which he can make up



hia own mind on whether to sever or not to aevwr thlu




subject from the conference.



          MR. STBlNs  Right.  Well, you will have to make

-------
                    Executive  Session
a determination when we get to  that  last  recommendation^



and if we are going to proceed  in that  order, whe'



want to state the Federal or State views  or  not  o



power company situation.
           I would suggest, and  I  am  /Just  saying




 save time, Mr. Vnnderhoof, do you have  the  recomm




 tions which have been modified  in accordance  with




 ference discussions?



           MR. VAWDERHOOF:  I believe  I  do have.




• may be one or two words —
           MR'. STEIM:  Yes.  Well,  that  is  what  I




 make clear.  I think it might be,  if  this  is  appi




 Mr. Yantis, if yo»i Sieve a copy of  that,  because I
                                                   ier  you
                                                     that
                                                   is  to
                                                  enda-
                                                   con-
                                                  'here
                                                 want  to
                                                 oprlate,




                                                  am  not
 sure I do--



           MH. YAMTIS:  I don't have one  right here.



           MR. STETft:  Yes.  That you ml^ht want  l;o  read




 that and let's see If we cam go--



           Why rlon't you go down one at a  time?   Because



 we have been through, this before and this should  proceed



 rather rapidly.  Why don't you rear! them  an amended?




           MR. VAftDERHOOF":  AH rJpbt.



           NTR. STEIPf:  0. K .•?  And  If there are any



 further amendments we Mill t-aVc thcni Dp  aa they  aomo,

-------
                                                       396
                    Executive Session




           This  will be  Finding No.  3.



           MR. VANDERHOOF:   All right.


           MR. STEIN:  We have three  already.


 will  be  Finding N6. k or Conclusion  No.  4.



           MR. YAHTIS:   Mr.  Chairman, please  u


 in  holding to the  view  that the interference


 fish  is  not gross  economic  harm,  xe  fully sup


 development by  this conference of a  series of


 should be  taken by local, State, and  Federal G


 and by the public  to bring  about  an  improved


 which the  solution can  be attained of the pro


 have.  So  the mere fact that  we don't think t


 shellfish  problem  is gross  does not mean that


 quite willing to work on the  rest of the prob
I mean this
derstand that
ith shell-
ort the
steps which


vernment,
 Limate in
 Lems we
at the
we are not
em.  We are.
          MR. STEIN:  Right.
                                             I

          MR. YACCTIS:  Me are even eager to.


          MR. STEIW:  I recognize your position, Mr.


Yantis.  I should indicate that the words of the statute



are not "gross economic harm" but "aubstantieil economic


injury", and whether you think there la a difference or


not, I think we should follow the words of the statute•



          MR. YANTIS:  Mr. Chairman, simply iiBcrlbo it to


my bad memory.

-------
                   Executive Session

          MR. STEIN:  All right.
          Go ahead.
          MR. VAHDERHOOF: nMo. U.  The Pood and Dr
Administration, in cooperation with appropriate St
regulatory agencies, continue their recently initi
national study of oil and hydrocarbon residues in
including those taken from Galveston Bay, with the
objective of determining toxical—w
          MR. STEIN:  Toxicologlcal.
          MR. VANBERHOOP:  --t-o-x-l-c-o-l-o-g-i-c
          MR. YANTIS:  Any way you pronounce it, 1
                                                   ,	291,
ite
uted
 ysters
 a-1--
  is
still bad.
          MR. STEIN:  Well, you know, I can spell
Quebedeaux, too, but I can't say it.  (Laughter.)
          MR. VANBERHGOF1: "—effects, if any, of flinch
concentrations.  These data, and any evaluations, will be
made available to the conferees of the Oalveston Bay
Enforcement Conference,"
          MR. STEIN:  II have but one editorial suggestion
Food and Drug Administration continue "its" rather than
"their."
          MR. YANTIS:  Well, Mr. Chairman, if we want to
be real edit.orializlnp, when we write ordero or ntatutea

-------
                   Executive Session
 In Texas we normally  say  "a particular  agency  o



 successor agency."  Now,  that  is nitpicking, bu



 times an agency simply goes out of  business and



 else takes it up and  if you have not provided  f



 there is a loss of continuity.



          But however you word the  paragraph,  wi



 scribe to it fully.



          MR. STEIN:  You know, the Pood and Dn



 Administration has been around for  a long time.



 put my money on It that there isn't going to be
cessor,
          But my problem with this is that, I dc
                                                       398
 its
 some-
someone
r that
 sub-
 I will
a suc-
n't know,
maybe I went to school many years ago, but if wt have to



have the Administrator sign this, I think that t,t least,



unless the rules of grammar have changed, we should try



to keep it--



          MR. YANTIS:  Mr. Chairman, I would like to



point out most forcefully that the chairman of the Texas



Water Quality Board Is an old newspaper man, he is a



grammarian from way back, and he would take some hide off



of a lot of uo if we wrot« some stuff that wao not gram-




matically correct.



          MR. 3TEIW:  Well, with that amendment let's go

-------
                    Executive Session
 on.  How about No. 2?  I am glad you are agree
                                                       322
 of them.
           MR. YAMTIS:  That was No. H, I thoug
 what happened to 1, 2 and 3?
           MR. STEIN:  We are doing non-Euclide
 matics.  (Laughter.)
           MR. YAflTIS:  0. K.  Gad, you are edu
           MR. VAHDERHOOF:  Gentlemen, I can pr
 toxicology, but I have a difficult time with t
 word.
          "Mo. 5-  To insure that approved shel
 vesting areas ire properly classified at all t
! pling for determining bacteriological acceptab
 areas for ahelirisf.  arvestlng in Galveaton Ba
 on one
t.  But
n mathe-
ated.
nounce
is other
fish har-
mes, sam-
lity of
 shall
 continue to emphasize the most unfavorable hydlrographic
 and pollution conditions.  The nost unfavorable hydro-
 graphic and pollution conditions will be determined by
 technical personnel of the Texas State Health Department,
 in cooperation with the Pood and Drug; Administration and
 other State and Federal agencies."
           MR. YANTTS:  Mr. Chairman, could I add one thinf
 there, purely for completion.  Let's say other State,
 Federal and local agencies.*

-------
                                                      400
                   Executive Session
          MR. STETN:  Is that agreeable?



          MR. YANTIS:  Admittedly counties an
things are subdivisions of the State, but I wjuld not



want for them to feel that their assistance w-is not



welcome.



          Most of us forget, but Galveston Ba,
actually in a county.  Most of it is in Chamb



not all of it. And when you get out there you



the county as Just being the land, but this i



          The County Commissioners Court does



governmental interest in the bay itself and I
i  other
jrs  County,
 think  of
3  not  so.
 have  a
 would  like
to say. State, Federal and local agencies.



          MR. STEIH:  Is that agreeable?



          MR. VANDERHOOF:  That is agreeable,



          MR. STEIH:  Fine.



          Let's go on to 6.



          MR. VANDKRHOOP: "Effective disinfection of all



waste sources contributing bacteriological pollution to



the Galveston Bay itystem will be provided.  The Texas



Water Quality Board follcy to this effect shall continue



to be Implemented.  Where effective disinfection IB not



presently bcinp accomplished, Jt la recognized that ade-



quate measures are under wny to necure that disinfection.

-------
                   Executive Session
          MR. STEIN:  IB that agreeable?



          MR. YANTIS:  Admittedly counties and
things are subdivisions of the State, but I would not



want for them to feel that their assistance wan not



welcome.



          Most of us forget, but Galveston Bay is



actually in a county.  Most of it is in Chambers County,



not all of it. And when you get out there you ->hink of



the county as Just being the land, but this is not so.



          The County Commissioners Court does have a



governmental interest in the bay itself and I irould like



to say,"state, Federal and local agencies.



          MR. STBIN:  Is that agreeable?



          MR. VANDERHQOF:  That is agreeable.



          MR. STEIN:  Fine.



          Let's go on to 6.



          MR. VAHDERHOOF: "Effective disinfection of all



waste sources contributing bacteriological pollution to



the Oalveston Bay system will be provided.  The Tcxaa



Water Quality Board policy to thin effect shall continue



to be implemented.  Where effective disinfection is not



presently being accomplinhied, 3t Is recognized that ade-



quate measures are winder way to aecure that disinfection.
                                                      '4-00
other

-------
                   Executive Session
These measures shall be  in effect by Decembe


The Texas Water Quality  Board will  continue


its policy requiring the elimination of smal


The centralization of facilities wherever po


the halt or proliferation of small  plants wi


consistent with existing appropriate procedu


implementation schedule  for this program as


the Texas Water Quality Board will be made a


the conferees of the Galveston Bay Enforceme


not later than April 1,  1972."


          MR. YANTIS:  Mr. Chairman, we cone


think it is a good statement.  We did, thoug


suggestion, which I thought had already been


Wherever you have a completion date, as here


December—what—31, 1971, that is only a cou


away.  Mow, chlorlnation la important. We ha


chlorination in Texas long before many other
                                                       401
 31, 1971.

o implement

 plants.
Bible and
1 continue,


es.  The
             I

nitiated by  j


ailable to   j
t Conference
r in that,


, have one


put Into it.


you have


le of months


e required
States did.
We do believe in It,  But It does take time to buy and


install and build chlorination equipment.  It cannot

always be done by this date.  However, any extension of

time should be fully Justified.


          So I think, though, we should add on that date

that "or such oth®r tine as may be required by a properly

-------
                                                      402
                   Executive Session






pursued construction program."



          MR. STEIN:  Mr. Vanderhoof?



          MR. VANDERHOOF: I recognize the ra



behind Mr. Yantis's statement and admittedly




1972--1971--



          MR. STEIN:  Let me Just--



          MR. YANTIS: That is Just two month



          MR. STEIN: Yes.  Let me Just raise



tion.  I think we discussed this before.  Di



to some agreement on this?



          MR. YANTIS:  Yes, we did.  I thoug!



phrase that I suggested or something like it



          MR. STEIIf:  If we came to an agree:



I would suggest—and no one is held at the E:



Session by anything we discussed before, but




we did or we didn't.



          MR. YAtJTIS:  Mr. Chairman, all we
;ionale
 December
  away,  see
 the  ques-
In ' t  we  come
it  that  the
,  which  was--



rient  before,
cecutive
 I wonder  if
ire  trying  to
say Is that If in the minds of any aevere bull reasonable



person an additional period of time IB requited to pro-



perly complete a ehlorlnatlon facility that that addi-



tional period of time within reason should b« granted.



Aa written there really Ha no acknowledgement that there



      bo a period of time Beyond that date which reasonably

-------
 	      403



                    Executive Secsion





  could  be  needed.   I  simply want to provide that it could



  be  greinted  upon the  showing of provable need, and that is



  the entire  thrust of my comment.



           MR.  STEIN:  Well--



           MR.  YANTIS:  The language In which it is stated



  I have no particular interest  in.



           MR.  STEIN:  What do  you  want?
            I  seem to recollect the situation here.  Now
,  I
  am  not; sure  that  all  of the municipal waste in Houstoi
•,


j  is  being  disinfected  now.   Is that correct?



I            MR.  VANDERHOOP:   That Is correct.



            MR.  STEIM:   All  right.  How, if you put this in



  effect by December 31, 1971, according to the statemeit



  as  I  read It there is very little likelihood that a big



  city  like Houston  is  going to have disinfection facil-



  tiea, and  they  are  going to be in violation coitio the Orst



  of  the year.   Do  you  want  to provide a Droviaion on that



  to  enable them to  proceed  at all possible opeed or not?



  And I  think  this  is the issvic and this viiaa noted before.



  I think we are going  over  the sarac proiirid, I don't know.



            Could we have a  resolution of that, If poflnlble



            Mfl .  VANDEPffOOF:   Well, I will concur, then,



  with  M!r.  Van tin,  provided  that whoever the violator may

-------
                   Executive Session






be provide proper  justification  to  the Texas Water Qualit



Boardj and the  citizens of  the area in which this facili-
ty  is  located will be notified by a newapap
ment.




          MR. YANTIS:  That is quite satisfactory.



          MR. STEIN:  All right.



          MR. YANTIS:  And we will notify interested



governments too. This is fine.



          MR. STEIN:  All right, may we go on?



          MR. VANDERHOOF: "No. ?.  The Environmental



Protection Agency and the Texas Water Quality Board will



cooperate in a study of Galveston Bay.  This study is
presently being conducted by the Texas Wate



on all sources of municipal and industrial



mitted by the Texas Water Quality Board to
er announce-
r Quality Boar



wastes per-



discharge
effluent to Galveston Bay and its tributaries.   These



examinations shall emphasize determination of complex



organic compounds, heavy metals, and other potential



toxic substances as well as oil arid grease from each



waste source.  Recommendations and scheduling of neces-



sary abatement will be provided to the conferees an soon



as they become available.  The Texas Water Quality Board!



permits and eelf-reporting data system should be amended

-------
                   Executive Session
as necessary to reflect the recommendations



source survey.  A progress report on results



study will be made to the conferees within s



the date of the reconvened session of the Oa



2nforcement Conference."



          MR. STEIN:  May I make one suggest
          Where you have that  "should", how
that "will"?
          MR. YANTIS:  If you are trying to



mandatory I think it would be "shall," would
          MR. STEIN:  Mo, I am not saying it
mandatory.
          MR. YANTIS:  All right.



          MR. STEIN:  I am trying to make it
>f this waste
 of this
.x months of
.veston Bay
Lon?
about making
nake  it
i't  it?
 should  be
 declarative--
          MR. YANTIS:  Yes, 0. K.



          MR. STEIH:  —rather than mandator  because



"should" means you can take it or leave it.  Largely I



am talking in terms of style.



          MR. YAIJTIS:  Yes.  What you are saying is when



somebody nays consideration should be given to ao-and-aoj,



the guy aayB, well, I considered it and I rejected it?



          MR. STEIM:  Yes.



          MR. YANTIS:  0. K.  I agree with yon.

-------
                   Executive Session
          MR. STEIN:  All right.  So we wi




"should" and make it "will."  I think that




with the rest of the grammar. 0. K.?




          MR. VANDERHOOF:  All right.  Now




I have this sentence correct, Mr. Stein:




         "The Texas Water Quality Board pe




reporting data system will be amended as n




          MR. STEIN:"—to reflect the recom
this waste source survey.'
intended.
I think that
          Are there any other comments?



          MR. YAHTIS:  It is all right.



          MR. VANDERHOOF: ''Ho. 0.  The Tex



Board will continue its review of each was
                                                      406
             1 strike that
             is consistent
              to make sure
             mitB and self-
             cessary--
             endations of
is what is
             s Water Qualit
             e source dis-
charging to Calvcston Day and its tributaries and will



amend these permits--aaend those permits a[s necessary to



insure that the best reasonable available treatment is



provided relative to> dischargea of oil andl grease.  The



Texas Water Quality Board Mill cooperate with EPA in



determining what treatment is the best reasonabla avail-



able treatment,  it in recognized that improvements in



technology will be Incorporated Into future permit



revisions.  A progress report will be madcs to the

-------
                    Executive Session
 conferees within six months of the date of the

 session of the Galveston Bay Enforcement Conf

           MR. YAHTIS:  This is completely all

 do have a similar thought to what I had earlie

 have "The Texas Water Quality Board—"in determi

 this type of treatment is"—cooperate with EPA
                                                       407
 reconvened
rence.'
right,  i
    Let's
ning what
 governments.
           MR. STEIN: "..will cooperate with EPA

'governments." 0.  K.?
i
           MR. YAHTIS:   I an sure that Walter

 wo-jld like to have some input.  It is all rlgl1

           MR. VACIDERHOOF:  Yea,  that io agrees

           MR. STBIII:  0. K., let's go on.

           MR. YA»TIS:   I would even add the Ut
and local
and local
uebedeaux
ile.
 ted Nations
 except for their recent activities.   (Laughter.)

           MR.  STEIN:   I thought you  specialized in red

 shirts.  (Laughter.)

           MR.  YAHTIS:   But  not  red flags.

           MR.  VAHDKRHOOP: "tJo.  9-  The ongoing review and

 amendment  by the T«xas Water Quality Board  of existing

 permits  recognizes  that preater reduction  of wastes will

 he  required of waste dischargers to  the Oalvoaton Bay

 system to  meet water quality standards. The conferees

-------
                   Executive Session






note that in the past three years the organic waste lojad



being discharged into the  Houston  Ship Channel has qeen



lowered from about ^30,000 pounds per day of BOD to



103,000 pounds per day of BOD.  Any amendments to exiijit-



ing or new Texas Water Quality Board waste control orders



as a result of this program will prohibit dilution as a



substitute for treatment.  A progress report on continuing



reduction of waste loads will be provided to the conferees



within, six months of the date of the reconvened sessipn



of the Galveston Bay Enforcement Conference."



          MR. YANTIS:  This is all right.  As a mattejr of



fact, I was thinking about commenting. Someone earlier in



speaking drew attention to that paragraph and the nature



of their comment was that they thought that this was(some-



thing that the Federal Government had required of th



State.  Well, it is not.  This is something that the(State



itself haa required for a long period of time, and I per-



sonally wrote that sentence into that paragraph.



          Vfhy I think you should know this I don't really



know,  except that we Just ain't all bad.



          MR. STEIN:  Are we In agreement on that?




          MR. YANTI3:  Yes, yen.



          MR. STEIN:  All right,  let's move to 10.

-------
                    Executive Session
           MR. VANDERHOOF:  tfo.  10.  A character!



 and evaluation of the water quality significance




 materials from pollution sources contained in th




 sludge dredged from the Houston Ship Channel sha




 conducted.  Based on the results of this evaluat;




 examination of present spoil disposal areas, reci




 tions will be made by the Texas Water Quality Boi




 the Environmental Protection Agency on locations



 able spoil disposal areas and other appropriate i
(minimize or eliminate deleterious effects on watcir quality]."
           MR. YANTIS:   Mr.  Chairman, we agree wi




 We  also agree with Dr.  Quebedeaux1  earlier commei




 the difficulty of analyzing sludges for certain 1




 Me  have,  however, both  EPA  and the  Stat<>,  for qu:




 time been requiring that where major drudging wai
ation
of
 organic
1 be
on and
mmenda-
rd and
of suit-
ction to
h that.
ts about
hings.



te sorne-
 involved
 and  someone  said  we would  like to know where to put the



 spoil,  including  the Corps of Engineers--we asK the ques-



 tion, 'Veil,  what  is in  It?" Because the sl'idQGB  and muds



 that can  be  moved  around can  be,  of course, grossly pol-



 luted with all  manner of things.   So to a degree this



 particular recommendation  .Is  something already  being done.




 But we  concur in  it act  stated.



          MR. STEIN:  All rle^t, let's  GO on to  11.

-------
                   Executive Session






          MR. YANTIS:  I am still wondering  what  happened




to 1, 2 and 3.  I mean is  there  some  reason  for taking




them out of sequence?




          MR. STEIN:  Ho.




          MR. YANTIS:  Maybe I was asleep, but we started




with No. ^, I thought.




          MR. STEIN:  Ho,  we went to  1, 2 a|nd 3,  and  now




we are up to 11.




          MR. VANDERHOOF:  1, 2  and 3--




          MR. STEIN:  How  I am using  ordina|l numbers




tin roughout.
          MR. YAHTIS:  Well, I am kind of a
number man myself.
          MR. STEIN:  I know, you can't get
cardinal
of.? those
red shirts.



          MR. YAHTIS:  When did we deal wit'b 1, 2 and 3?



          MR. STEIM:  At the beginning.



          MR. VAHBERKOOF:  On page 25 of the Federal law



there were aeveral requirements, three to foB precise,



that the Chairman must require.



          MR, YAl'PTIS:  Yes, but that doesn't have any-



thing to do with the pa^agraphe that we had written, the




10 or 11.

-------
	4 LI



                   Executive Session






          MR. STEIN:  No, it is Just a numbering-syst



          MR. YANTIS:  Oh, I am with you now.  You ar



talking about (4)(A), (B), (C), and so forth.




          MR. STEIN:  Right.



          MR. YANTIS:  0. K.  I am with you.



          MR. STEIN:  All right.  Go on.



          MR. VA1IDERHOOF:  No. 11.



          MR. STEIN:  Now, we changed that.



          MR. YANTIS:  Which one?



          MR. STEIN:  What he is reading now.



          MR. VANDERHQOF:  "Alert levels for acute and



chronically toxic or growth-inhibiting parameters are



being developed by the Food and Drug Administration f



shellfish from all approved national growing waters,



including Galveston Bay.  These alert levels will be dis-



cussed with technical personnel of the Environmental



Protection Agency and were presented at the Seventh



National Shellfish Sanitation Workshop sponsored by the



Food and On.,; Administration.  The Environmental Pro-



tection Agency, In cooperation with the Food and Drug



Administration and other appropriate State and Federal




agencies--"



          MR. STEIN: I tell you what I am goJnc to do,

-------
                   Executive Session
I am going to recess this until we get copies in
of us.   I don't have a copy.  We changed that and
know what the point is in reading stuff that we c
          We will recess for 10 minutes and I hop
one will get the Chair a copy of this so I can fo
                       (RECESS)
          MR. STEIN:  Let's reconvene.
11
          MR. VAHDERHOOF:  Mr. Stein, I was readi
          MR. STEIW:  Yes.
          MR. VAHDERHOOF:  Recorder, I will start
on No . 11.
                                                  ront
                                                  I don't
                                                  anged.
                                                   some-
                                                  low it.
                                                  g No.
                                                  over
                                                  oxic
                                                  d by
         "Alert levels for acute and chronically
or growth-inhibiting parameters are being develop
the Pood and Drug Administration for shellfish frjom all
approved national growing waters, including Galvejston
Bay.  These alert levels will be discussed with technical
personnel of the Environmental Protection Agency and
were presented at the Seventh national flhellfish Sani-
tation Workshop sponsored by the Food and Drug Adminis-
tration.  The Environmental Protection Agency, in coopnra
tion with the Pood' and Druj[ Administration and other
appropriate State and Federal agencies, will work to

-------
                    Executive Session






 develop  parameters    for the same characteristi




 waters approved  for shellfish harvesting.1"




           MR.  STEIN:   Mr.  Yantis?




           MR.  YANTIS:   Mr.  Chairman,  I will hav




 for  an amendment of that.




           There  is  no  agreement  among scientists




 exactly  what an  alert  level is.  I  think we all




 what we  are trying  to  do,  but I  don't think we  h




 whether  It can be done  or  whether  it  would do wh




 hope for it to do.  It was  presented  at that conf




 ar d  either the details  or  the concept were rejer




 at least nothing was approved.




          I think we should insert in there sonu




 not  that we will dio something with alert  levels
                                                       '413
 i in
 to ask
 as to
 derstand
ave
agreed
 t we
 rence
 ed,  or
 language



 hut that
if alert levels are developed and approved  in  tlhe  proper



forum that we will then see?, to do the same thing  within



the confines of the rest of the paragraph.



          But I think there Is an implication  which is



actually not correct that all scientists have  bought  the



Idea yet.  Apparently they have not.



          MR. VANDERKOOP:  Mr. Stein, as I  recall  at  this



point, we had called Mr. Ton Gallagher to the  podium  to



again give un detail on what did go on and what the Food

-------
                                                      414
                   Executive Session
and Drug Administration is going to do.  I bel



should recall Mr. Gallagher at this time.



          MR. STEIN:  Well, I have no objectio




I think I recall this.



          Do you have any objection to what Mr



has said?  As I recall, this is substantially



versation we had before.



          Here, let me try this.  I know I use




you before.  Let me try it again.



          We say'if'--let's start it this way:



          "if alert levels for acute and cnroni



or growth-inhibiting"--and I Just can't say thi




meters" because I don't understand it the way
.eve  we
i  to  that.
.  Yantis



ihe  con-
1  this  on
:ally toxic



3  "para-



you people
do. "if alert levels for acute and chronically  boxic or



growth-inhibiting factors are developed by the Food and



Drug Administration for shellfish for approved growing



areas, including Oalveston Bay, the Texas Water Quality



Board and the Environmental Protection Agency, in  coopera



tion with other appropriate State, Federal and local



agencien, will work to develop requirementa for the same



characteristics In waters approved for shellfish harvest-



ing." It Is understood that these alert levels--and that




ia  all.

-------
                    Executive  Session

          In other  words,  what  I  would  say,  and ;his  is
what I  understand we  agreed to  before,  that  if  tilese  are
developed that  "...the  Texas  Hater  Control Board  and
the Environmental Protection  Agency,  in cooperation with
the Pood and Drug and other appropriate agencies,  will
work to develop requirements  Tor  the  same characteristics'
In the  areas approved here. And that  does not say  they are
going to be developed or not.
          MR. YAI1TIS:   This Is all  r:.g>it.
          MR. STEIM:  This Is ray  urri«=-standing  olf  what we
said before.  How,  let  me  again give  you my  candid view on
this.
          This Is not an operating  regulatory requirement
at the present time.  Hhat we are saying is that
concept is developed by Food and Drug Administre
Texas authorities and EPA will work to put thest
 if this
tlon the
 require-
ments .In effect on the waters covered by this conference
as we will with the otner States.  Isn"t—
          MR. VAKDERHOOP:  Sure.
          MR. STEIN:  Isn't that what we--
          MR. YAMTIS:  That's right, that'a reasonable.
          MR. STE1W:  All right.
          MR. YAWTISs  Except that I would liho to add

-------
                   Executive Session

one thought.
          MR. STEIN:  All right.
          MR. YANTIS:  We cannot, as the Texas
Quality Board, preempt the work of, say, some
                                               Water
                                              other
State agency that by the Legislature has respcnsibility.
Probably most of the responsibility in this particular
field is with the Texas State Department of Health.
I would suggest that you either say, The Texas
Department of Health end the Texas Water Quality Board"
will do so-and-so or "The Texas State agency designated
by law" will uo so-and-so.
          MR. STEIN:  All right.
          MR. YAMTIS:  But we cannot simply mcve in on a
Public Health, Pood and Drug matter.  We don't
                                              State
                                              have that
statutory power.
          MR. STEIM:  Can we say.     "The  appropriate
Texas agencies and the Environmental Protection Agency"?
          MR. YAHTIS: That Is fine with me.
          MR. STEIN:  So we can get around that.  I think
we have the same situation, Mr. Yantls.  I think the
prime mover in this ID going to be the Pood and Drug
Administration for the Federal establishment.
          MR. YAWTIS:  Tills la all right with me.

-------
                    Executive Session






           MR.  STEIN:   0.  K.



           May  we go on to the next?



           MR.  VANDERHOOF: "No.  12.   Chemlca



 causing  color  and waste effluents such as t



 and  paper  mills  shall  be  reduced to  natural



 area waters  as soon as practicable as  stated




 Texas Water  Quality Board waste control ord



 on feasible  processes  to  accomplish  this re



 shall be submitted to  the conferees  within



 reconvened session of  the Galveston  Bay Enf
f erence.'
          MR. YANTIS:  This  is  all  right.  A
the discussions that have  taken  place,  ther



ing that the color  in and  of  itoelf  is  harir
, constituents




ose from pulp



background in



n existing



rs.  A report
ommendation
 months of thi:



rcement Con-
d remembering



 is no show-



ul, certainly
not to shellfish.  It is aesthetically  harmful  and  I



think aesthetics is a. valid part  of a water  pollution



control program.



          I agree with what Dr. Quebedeaux said  earlier



about not getting all shook up over color. In the purely



public health sense I agree, but  vie have moide aome  com-



ments .In the Texas Waiter Quality  Board  permits  about



color. We think it ouight to be removed  when  it  can  be



removed.  So I wo
-------
                    Executive  Session
           MR.  STEIN:   Right.   I  would  like  to
 comment  on  that.
           I  think  at  least  the  Champion  paper



 tive  indicated  that they  were not  successful i



 color,  but that they,  as  I  recall  their  testim



 certainly  amenable to  removing  the  color  if a



 be  developed which was  feasible.  We have  seve



 grants  to  paper companies for removing color.



 out one  to them in Georgia  and  the  Southland P



 think Cham--at  least Southland  indicated  that



 that  swamp area to put  their wastes and  they c



 But that wouldn't  be possibly applicable here.



 then  another major paper company with a  plant



 has indicated that they have a  successful  way



 color which  wouldn't require all this apace, an
nake a
repreaenta-



  removing



>ny,  were



nethod  coulc
ral  Federal
 I  pointed



 per  and  I
     had  all
 uld  do  it.
  But  since
 n  Maine
 f  removing



 this might
be looked into.



          In other words, I would like to associate myself



with what Mr. Yantis said and Dr. Quebeaeaux on this.  I



don't think this question of color from the pulp and paper



process is a public health problem, but it certainly ia an



aesthetic problem that I fcnow we get a lot of complaints



ahoub.     If the reports fro:;! some of theoe paper com-



panion which claim they have successfully removed color

-------
                     Executive  Session






 are valid, we  may  be  on  the verge  of being able to giife



 a technology to  the industry  to  remove this color.



           I don't  know if  the people in the audience



 recognize this,  but this color is  not the kind  of colbr



 that you would think  of  in dyeing  paper or in paperboard.



 It comes from  the  pulping  process.  It is not something



 like red, blue or  green.   It  is  a  kind of a blacli-locjking



 thing when the light  hit«;  the receiving waters  in a



 certain way.     When some of the  people go down  for



j recreation at waters  and they see  *.hese waters, whetllier



 they are inland  waters or  coastal  waters, and get th|Ls



 color, they don't  find it  very attractive.



           I think  we  have  all recognized this problelm,



 and I would agree  completely  with  Mr.  Yantis  that the



 deleterious effects of this,  if  any,  are aesthetic In



 nature.



           MR. YANTIS:   Mr. Chairman,  let TTKJ  add one more



 comment.




           MR. STEIff: All right.



           MR. YA^fTIS:   Of  course the  color  material la



 primarily niipLy the aap that has Jveen  soaked out of the



 woorl.   There are ft few other  things  3n  5t,  hut  they all



 were  Juat din.iolve.-l ouit of the wood.   To the  extent that

-------
	420



                    Executive  Session






 they are sugars  and things  like  that they are,  of course,



 biologically treatable.



           But some of th?se things,  what people call



 lignin,  are not  biologically  treatable,  bacteria simply



 don't eat them,  but they are  not things  that have been



 introduced into  the waters  in the sense  of chemicals.



 They are Just the coloring  material  soaked out  of a piece




 of wood.



           When he said it was black, T was thinking some



 people call it light black.  I don't know exactly what



 color that is.  (Laughter.)  Actually it is more of an



 amber or brown,  it depends  on a number of things.  We



 have actually had people come into our office in years



 pr.at, not lately, and if I  was to show them a glass full



 of a paper mill  waste, as far as color Is concerned, and



 say,"Well, now,  would you be  happy if the waste were this



 colorV "And the guy would say, "Well,  yes, if it  is that




 color, I will be real happy."



           What he didn't know was, he was looking; at what



 he called black  water in a  glass, because there is really



 not very much of it.  It can, In many cases, look almoot




 clear.  The problem is when you look straight down at It



 through  10 foot  it looks as black as Ink.  Tt isn't real

-------
                                                      '121
                   Executive Session
dark; it simply looks dark in the stream, wh
this is what we are talking about, if it loo
is dark no matter what the laboratory says.
          But anyhow, I did want to stress t
it is not any different from the dark water
Texas swamp.  It is the same material, the s
It is ugly  if you don't like it.  If you we
it, you don't even see it.
          MR. STEIH:  I think we are in agre
Yantis.  I thought perhaps we might have bee
agreement, but—
          MR. YANTIS;  I am not defending it
trying to put it in its proper perspective.
          MR. STEIP1:  Right.
          MR. YAHTJS:  As soon as we can tak
ch, since
s dark it
e fact that
n an east
me thing.
e reared on
ment, Mr.
 in dis-
  I am simply
 it out--
          MR. STEIM:  When I said black and you said
light tan or amber, but when you worked it around to real
dark Jet black I figured we were pretty close together.
(Laughter.)
          MR. YANTIS:  Yes.  Well, we still want it taken
out as soon as it can be done In a reasonable aense.  We
don't like it eitlher.
          MR. STEIH:  Yea.

-------
                                                       422
                    Executive  Session
           I  think  this  is  the  important  point,



know  Mr.  Yantis  said  this,  but let  me  tell  you



again.  I think  this  is  right,  if you  look  at



glass of  water you won't see it. However, if y



relatively deep  stream  and  you look at that, t



in  appearance as you  look  at the stream  might



said, Jet black.   Yet if you dipped a  glass in



and picked it up and  tried  to  reproduce  that J



in  looking at the  glass  holding it  up  to the s



might see Just a. tinge  of amber in  it.



           We have  a very difficult  kind  of  con:



of waste  to  get out of water in this,  is the pi



because,  as you can see, It is  in there  in  ver;
 and  I
 this
Lt  in  a
ju  get  a
lat  water
  ,  as  he
 that  water
it  black
  ,  you
itituent
>int,



r  dilute
quantities, and the offense it has  is Just to tlie eye when



you look at it in deep water.



           MR. YAfJTIS:  Murray, let's not keep on saying




too many nice things about it.  We are going to have people



demanding  that we put It in the water If we don't watch



out.  (Laughter.)



           MR. STEIN:  I haven't heard that yet.,



           All right, let's g° fc° 1?» Ol)r lucky number.



           MR. WVNDEHHOOP: "TO meet present official State-



Federal water quality standards entabliahed for dissolved

-------
	.	      423



                    Executive  Session






oxygen  In  the  Houston  Ship  Channel,  it  is  expected  that



the  maximum  waste  load discharged  from  all sources  will



be about 35,000  pounds per  day  of  5-day BOD,  including



projected  future development.   The Texas Water  Qujllity



Board,  in  cooperation  with  technical personnel  of the  EPA,



shall review existing  waste discharge orders  with the



objective  of allocating allowable  5-day BOD waste loads



for  sources  discharging to  the  Houston  Ship Channel  such



that the probable  35,000 pounds per  day maximum shall  not



be exceeded.   A  report will be  made  to  the conferees on



the  results  of this review  by April  1,  1972.  The alloca-



tion for each waste source  as determined by the  Texas



Water Quality Board, in  cooperation  with the  EPA shall



be obtained  by December  31, 197'*.  Interim dates to  deter-



mine progress toward compliance  with  the assigned alloca-



tion shall be establlohed for each waste source  by May 1,



1972.  The conferees also recognize  that discharge of



other waste  constituents, such  as, but  not  Limited to,



chemical oxygen  demand,  suspended  solido,  complex organics



and other toxic  materials also  contribute  to  the pollution



of Oalveston Bay and its trlbiitarien.   An  allocation of



allowable waste discharges  for  these  pertinent  parameters



from  each waote source will be established  by technical

-------
                    Executive  Session
 personnel  of  the  Texas  Water  Quality Board



 Environmental Protection  Agency  consistent



 available  treatment  practices  and  such  allo



 be  reported to the conferees  by  September 1



 conferees  recognize  that  technical consider



 require  a  reassessment  of this schedule  In



 some  of  the municipal and industrial waste



 considered.   These necessary  reassessments i



 mined by technical personnel of  the  Texas Wa



 Board and  the Environmental Protection Agenc



 mendations concerning schedule changes will
 nd the
 .th best
ation will
 1972.   The



tion may
   case of
ources to be
ill be deter-
 er Quality
f and recom-
 e made to
the conferees at 6 months intervals.



          MR. STEIH:  Any comment?



          MR. VAHDERHOOF:  I am not flnishec



          MR. STEIH:  Wo?



          MR. VAHDERHOOP:"The foregoing recommendation



shall not be construed as in any way foreclosing or inter



ferlng with Federal, State, or local statutory proceed-



ings relating to the authorization, amendment or revoca-



tion of Federal or State waste discharge permits or



orders, nor shall such recommendations operate to delay or



prevent the creation or operation of regional waote dlspooil



systems such as the contemplated Gulf Coaot Waste Disposal.

-------
                                                       425
                    Executive Session

 Authority."
           MR.  STEIN:   Any comments?
           MR.  YAHTIS:   Yes,  we adopt it,  bu
 are  some  things  that  should  be said  about 1
 them is  technical  and  the other one  is  simp
 or  legal.
           Me  ourself  in  several  matters  cam
 estimate  that BOD,  5-day BOD,  that  35,000  p
 is  probably  all  that  th'j Ship  Channel  can  s
 would like to express again, as  I have,  thl
 guess as  it  is a calculetion.
          First  let me tell many of you  wha
 is.  .''• is a measure of the organic food avi
 marily to bacteria  so that as  the bacteria
 they remove  oxygen  from the Mater.  For  the
 I think ther
   One of
y procedural
 up with the
unds per day
and. But I
    as much a
 BOD actually
liable pri-
at and grow
most part the
oxygen came from the atmosphere.  In a senou, it is simply
a measure, then, of organic matter as opposisd to mineral
matter that might be In the water.
          You could take a  shovelful,   let's say, of
sugar and pour it in water and as the bacteria grew you
would remove oxygen from the water.  On the other hand,
remember that ox"gen in always going back into the water
from the nir.  If there is enough wnter along with the

-------
                                                      426
                   Executive Session
organic matter, then actually nothing happens because of
the dilution.  For instance, remember that if someone
wants to limit a waste purely upon the pounds per day of
anything you can simply pump seawater into a
out the other end, and the pounds per day of
minerals going out your pipe will be fantastic but you
haven't done anything, really, except circulate seawater.
So there is a factor which the computer does
sarily take into account properly as to the
of the organic matter you have.  Neither does your com-
puter always take into account whether a particular or-
ganic matter Is readily available for bacterial food or
available with difficulty.
          So I would lifce to stress there is
 pipe and
 dissolved
 not neces-
concentration
 a great
uncertainty as to i-he 35,OOO BOD.  It is usable with
intelligence, with reservations, as a design parameter.
The correct number, if there is one at all, might he
10,000, it could he 100,000, it is not likely because
we are down to that almost now, but it could be 50,000
or 60,000 as well as V?,®QQ.
          Now, despite our reservations that it lo a very
solid figure, we are willing to try very hard to see if
we can revise all of the waste discharge permits using

-------
                    Executive  Session
 this  limitation  as  a  guide.   Very  likely  we  can  do  it,



 hut whether  it will he  successful  or  practical in my



 opinion  is open  to  question,  but we will  try.



          Now, the  other point  that we  have  added--and



 we have  had  any  number  of  coffee—cup  conversations  about
 it--thi3  conference,  important  though  it  is, inte
resting
though  it  is, and  sometimes emotional  though  it is, is
limited  in  the legal things which  it can require.
does not  set aside Federal law,  it does not set aside



State  law.  The person who suffers from pollution has



certain legal rights, and you can philosophize or that



for a  long  tiir.e. B-it the person  who has a waste to dis-



charge has  certain legal rights  too.  You can wrap all of
th t.a up in what Is called due process.  Everybody
                                                       427
  It
 agrees
with due process of law for people who agree with you,



but It is rather hard to agree with it--to want due pro-



cess—for people that you don't agree with.  But the law



says you have got to, and there are many Supreme Court



decisions on that issue.



          We hold, and this Is why that last paragraph



was added,  that there arc certain requirements of Texan



law that have to be fallowed.  We have to havn public



hearin^a—even If we are improving a waato we usually

-------
                    Executive  Session
 have  public  hearings,  though  not  alwaya--but  we  do  have



 to  have  public  hearings,  reports  written  and  invoked  by
 our  board  so  that  not  only  is  the  public  prote



 the  rights  of the  person with  a  discharge  are



 We cannot  do  away  with  these procedures Just b



 are  trying to reallocate the waste-receiving r
the area.  The Federal Government without going through
a court  proceeding cannot set aside these Stat
either.
          Now, we on our part cannot set aside
law.  So we have simply tried to say that what



State law requires that the Water Quality Boar
                                                       428
cted but
protected.
"cause we
ssource of
s  laws
 Federal
sver  the
1  do,  the
things that we do will be done according to thjse laws.



Whatever the Federal Agency does, it will do ib according



to the Federal laws.  Me will each be very law-abiding



citizens, which will upon occasion make some of you un-



comfortable, because people who very passionately hold



that a certain goa.1 should be reached quite of fcen are



impatient with laws which appear to prevent thttm from



reaching what they think is a proper goal.  It may be a



proper goal, but th«tre in a proper way to get there too.



          So we agree to this paragraph which has been



rewritten for about the twentieth time, with the

-------
                   Executive Session
understanding that technically it is a good thing to



with no guarantee actually that it will work, and the



safeguards and provisions of State-Federal laws will
be followed, even though it sometimes slows things dcwn.



          With that understanding, we vote for it.



          MR. STEIN:  Are there any other comments?



          MR. VANDERHOOF:  No other comment.
          MR. STEIM:  Well, I am glad you arrived at
agreement.  I think maybe this was our lucky 13.
ThJ
very well may be the crucial hurdle for this conferer



we had to get over.  And since you arrived at agreemc
I wouldn't even suggest changing a comma, although you
have enshrined a wonderful literary gem like pertiner



parameters" in here, which I think is J'ist wonderful,
   try,
   all
   an
   ce
   nt
   but
I understand what it means.



          Can we go on. to 14?



          MR. VAHDERHOOP:  Right.



          "All waste sources which discharge directly to



Oalveston Bay and other tributary areas, including Clear



Lake, shall have allowable waste loads allocated by J'une



30, 1972, conoistent with hcst available treatment prac-



tices.  Thin allocation shall Include Interim dates for



accomplishment of required! waste treatment and/or wante

-------
                   	4-30


                    Executive  Session
 treatment  facilities  will  be  in operation by Decembe


 1974."


           MR.  STEIN:   Any  comments?


           MR.  YANTIS:   Yes.   I  am trying to decide  h


 to  phrase  them.


           The  word  "beat,"  the  word  "available"  are


 almost  indefinable.   if you take them  out people wond
what  you  are  trying  to  do.   If  you  put  them  in,  you


wonder  what is  it  that  you  really mean.


           Now,  please remember  that any  level  of wast


treatment  can be done.  There is  essentially no  limita-


tion.   We  can put  out pure  distilled water.  It  is net


particularly hard  to do.  It is expensive  to do  and  jou


have  a  real problem  of  finding  conpetent operators fc


3-shift 7-day-a-weefc operation.   If  you  are  thinking


about viruses,  you have even nore trouble  finding latora-


tory  techniques to prove that yo«> did produce  the quedity


of water that you  think you were working toward.

                              «                        it
          So when  someone says best  available  treatmcmt,


you have not said where do you stop.  It might lie 5  BOD,


it might be 20,  it might be zero BOD.  For myself, arid I


will admit the worrl Is also vag'ne,  I HV.e  to add ouch


things ao "shown to be necessary" or "reasonable" or "as
 31,
er

-------
                                                        431
                     Executive Session
  required by circumstances."  There simply, in my

  needs  to be a definer as  to just what is best ava
  treatment.
            I know you don't mean,  because we have t

  about  it,  this  so-called distilled water concept.
  don't  Unovf,  though,  whether we mean 5 BOD as we h£,ve
  debated,  whether we  mean 12,  as we have laid out,

  we  are  talking  about removing BOD or nutrients or
!
i  or  removing  viruses  or any of a number of other th

i  Now,  remember,  you can have so-called tertiary trc

  advanced  waste  treatment,  and still not take out 1

  mercury if there is  any there.

            So I  woald like  to  suggest that we try 1

  some  word  which will modify "best available;" whel

  v;ant  to put  In  "reasonable" or ""shown to be  r.qcesi

  "feasible,"  I do not Know,  but I think we need an
ind,
lable
alked
whether
both
ings.

atment,
he
o find
her you
ary  or
under-
  otanding  of where  do  we  stop  when  we  say  "boat."

            MR. VANDERHOOF:   Mr.  Yantis,  I  refer  yoi;l  to No.

  
-------
                                                       432
                   Executive Session
          MR. YANTIS:  Yes.



          MR. STEIN:  Where are you going  to  pu



at the end?




          MR. YANTIS:  Are we at the end?




          MR. STEIN:  No, at the end of that  13



wonder where he wants to put that sentence.




          MR. YANTIS:  Wherever, it doesn't mat




          MR. VANDERHOOF:  Let us tack It  ripht




end of No. 14, which previously stopped with  De
t  that,
31, 1974.
          MR. STEIM: All right, that is great.




          Is that agreeable?




          MR. YACITIS:  Yes.



          MR. STEIN:  All right. Let's go on to




          MR. VA11DERHOOF:  Your recording secre
 er.
 on  the
2ember
 15.



tary  Is
all thumbs.  Wait a minute.



          MR. YANTIS:  Excuse me.  I think my deputy has




an idea.



          What Mr. Teller Is concerned about--and I



think properly, I mean this was partly in the back of



my mind--Is that we have debated and commented on several



occasions In the program for Clear Lake or Clear Creek



Baaln where we went thro'!if?}i a cerlcn of hearlngo and

-------
                                                       433
                    Executive Session
 things  and came up with 12 BOD, plus some other require-



 ments,  knowing that it is at least technically possible



 to  go to  5 or 2 or 1.   There has not been a showing, how-
 ever,  that  it is  necessary at this point,  especia:
.ly  if
 some  alternate  waste disposal method will later bijs avalU



 able.




           In  agreeing to the situation here and the



 addition  of the word about best available treatment,  the



 additional phrase  which  you read,  that the Texas V'ater



 Qjality Board will Join  with somebody and somebody in



 determining what best available means, does not me an  thatj



 we automatically give up our feeling that 12 BOD Js the



 proper figure and  automatically accept 5  BOD.



          Is this  understood?



          MR. STEIM:   Mr.  Vanderlioof?



          MR. VANDEF.HOOF:   Yomr recording secretary is



 slow.



          MR. STEIW:   Did  you hear Mr.  Yant:1.s?



          MR. VAMDERHOOF:   Yes,  I heard Mr.  Yantlo, and  I



would like a conference  with any own  technical otaff.



          MR.  STEIN:   Here,  let  nc say,I  think  if  you



fellows think you are  going  to  resolve  that  12  and  5  at



thlo  meeting,  I am going to  give you a--   1  think  that

-------
                   Executive Session






what we have agreed to is you are going  to  get  togethe



and talk about it.  If you think you  are  going  to  reso



it here, I would like to go through and  leave you  to



yourselves because I don't think I can spend  the  time




Houston until you are going to resolve that.



          MR. VANDERHOOF: I believe that  issue  of



resolving the 5 and 12 should be in another forum  than




that of a conference.



          MR. STEIN:  Right.



          MR.YANTIS:  Well, I thin!: so too.  And  remem
we
   have stated—and you t.now,  If yoni  -ise  the  right sem
 ve
>er
m-
tlca, which people have  ridiculed  on  occasion,  you can



lock a guy  In a corner.   It  Is  awf-il  hard  to  justify



doing something that is  not  necessary.



          So what we have  stated  is that we will  support



any level of waste treatment for  Clear  Lake that  is shown



to be neccsnary.  If it  is shown  to be  necessary,  we



support :I.t.  We think  IP1 .La  enough.   However,  we  would



far rather--because this Is  largely a .judgment decision,



it la kind  of an arbitrary rl'eeicioji,  we jnalie  no claim as



to Ifcfl naLcnt;ric val l.dil iiy-~wft  wo-rld  Ii?e  to  oee  oome



fcype of an  inventlfrat fon of*  Clear  Ln^'f  which  wo'ild 3n-



cludr- many  thinfrn henldes  J"st  v&ter  silence  to help pin

-------
                     Executive Session




 down what  they  ought to do.  And as soon aa we  can  pin


 down what  they  ought to do, we will require it.  But  if


 it ought to  he  ?Q,  then it ought to be 20.  If  it  ough


 to he 5, it  ought  to he 5.


            But I think it is  a fact question more than


 an opinion question, and if  you Mill agree that the


 statement  as you and I have  Just read it does  not  attempt
i

i to predict the  answer in the Clear Lake watershed, then


i I think  '.hat statement ought to stand.  I do think tha.t
i

, the further  discussion of that on
-------
                                                       436
                    Executive  Seselon
 that  it  is  going  to  be  5.   We  do  not  read  tjhat into the



 paragraph.




          MR. STEIN:  Do you agree  with  thalt?



          MR. VANDERHOOF:  As long as  Mr. Yajntis  agrees



 that  I haven't  agreed to 12.   (Laughter.)
          MR. STEIH:  Well,  I  think  we were



Now, my suggestion here  is,  if I  thought  I



fellows any closer together, like 7  and 11,
 at that.
could get you



 I would try
it, but I don't  think I can.  So  let's  leave  it as  it  is



and go on to  the next one.  0. K.?



          MR. VAIfDERHOOF: Mo. 15  is the  last  one  and it



concerns the Houston Lighting  &  Power  Company proposal.



         "Ho. 15.  The following  recommendation was not



susceptible to Joint agreement by the Technical Task



Force and both versions are presented for tie conferees'



consideration.  This concerns the Rousting [Lighting &



Power Cedar Bayou Powerplant.



         "A.  The Texas Water Quality Board recommenda-



tion:   The once-through cooling system, with discharge to



Trinity Bay, proposed for the Cedar Bayou plant shall be



carefully monitored to determine whether Irreparable



damage to aquatic life Is occurring and/or water quality



is being deleteriously affected.  If auch effects are

-------
                                                       '137
                   Executive  Session
shown, Houston Lighting  &   Power  Company  will  ta




immediate steps  to  correct  the  situation.




          "B.  Environmental  Protection  Agency rec




tion:  No discharge of cooling  water  from  the Ced




plant to Trinity Bay  shall  be permitted. The Hous



Lighting  fi:  Power  Company  shall be required to a




waste heat load  by  incorporation of a system util:




recirculation and reuse of  cooling water to Tabbs



and adjacent waters or location of additional uni




suitable alternative  sites."




          Mr. Stein,  obviously  the Federal confen
mmenda-
r Bayou
on
ate the
zing



Bay
s at
e goes



th A
with 15-B,and I presume the State conferee  goes  w



according to their own technical people.



          MR. STEIN:  All right.



          MR. YAHTIS:  I do need, though, to  add >|L  very



small postscript and ask for the change >of  one word,



although we, I think, helped write  this.  Actually, we




read It; someone else Mrotc it, I believe.



          I would like to delete the word "irreparable,"



when we talk about Irreparable harm.  In a  bay system, I



am thinking primarily of hot water, It io almont, impoo-



oible to cause irreparable Ihiam.  You can caitnn  harm, real



harm, but if you B top the clacacinr.  action,  tlin rouovcn-.y

-------
                     Executive  Session
  will  immediately occur.   It is,  therefore,  n



  able.   There  is  an  implication  here  that  tha



  would  do  cannot  he  undone,  which is,  of coun



  case.   And  I  think  nearly all biologists  wil
  that.
            The  other  thing  that  I  think  shoulc
  and  whether  it  is  to  ours  only  or  to  both  of




  is a very  brief summary  extract of documents




|  stack up a good many  inches  thick,  and  any tj



  extract something  from that  many papers  the




  to misinterpretation, even though  the thrust




  say  is correct.  I think you  should say, the




  the  Federal  conferee  and the  position of the
 feree are more  fully described in  the files cf  those
 agencies, because I  think It  is an Injustice
t irrepar-
 which we
e, not the



 agree to
 be added,




them, this
that would
me you



revity leads




of what you




position of
State con-
not to let
 it be known  that there Is a vast record beyond these



 three little sentences or whatever they are.



           MR. STBIM:  In that agreeable?



           I have several chances that are largely



 literary for the purpose of petting it.



           I think we have two recommendations here.




 The way I would rui(?eest, It would rend:



          "The following recommendation!! were not

-------
                   Executive  Session
                                               3  re
 susceptible to Joint agreement by the conferee


 Houston Lighting  &  Power Cedar Bayou Powerplant."" And


 then I have it here,"Texas Water Quality Board recom-


 mendation," and then for Mr. Vanderhoof rather than for


 the EPA, because it is not that; it is "Federal conferee.'

                                  n
           Now, do you want to put Texas Water Duality


 Board'or Texas state conferee


           MR. YAHTIS:   Either one.   I will buyj either one,


           MR. STEIH:  I think it might be bettjer, unless


'you want to put it for the board.


           I would suggest—

          MR. YAHTIS:  Make it for  the  confere
remem'oer--
          MR. STEIH:  Yes, "Texas conferee'1 and
                                               e, but
                                               the "Federal
conferee,"


          MR. YAIITIS:  That io all right.


          MR. STEIH:  So It will he co-equal.  And how


about that last sentence?  Isn't that acreeable?


          MR. VANDERHOOF:  Yes.


          MR. STEIN:  0, K.


          MR. VAMDBRHOOF:  I have lout it.  I hopn the


recorder picked It tip,


          MR. STEItll:  Do you have that?

-------
                   Executive Session
          MR. YANTIS:  Well, I simply said tha



position of the Federal conferee and the posit



the State conferee are more fully described in



of those agencies.




          MR. STEIN: All right.



          All right.  Now, this concludes the



tlons and conclusions of the conferees.   Is th



extra you want to add or anything you want to



cause I think we have about wrapped this up.



          MR. VAMDERHOOF:  Well, at the  next  m



the conferees of the Galveston Bay conference



strongly recommend that it be done in the atmo



it la today, that is in public.



          MR. STEIN:  You know, I am always in
                                                 the
                                                on  of
                                                the  files
                                               ecommenda-
                                                re anything




                                                ay?  Be-
                                               cting of
                                                would
                                               phere as
                                               favor of a
                                                    in--
public meeting. Dick, I have learned several t



maybe not several things--! have learned one thing being



around Government for about 30 years, and that is I have



seen a lot of people try this, but ncn one hao indicated



who his successor is going to be—very often they haven't.



But even if they have, they can't toll what they are going



to do.  And I don't know,  1)  whether you arts going to



have another meeting,  or  2)   what  people aro going to



be at the next meeting,  but I will toll you if I am at

-------
                    Executive  Session
 the  next  meeting,  if  there  is  a next meetin
 t?, as I have
 been  in  past  meetings,  I  will  be  one  who wants  to  do



 things in  public.
           But  I  think  it  would  be  foolhard



 sit  here  and set down  a rule  of what  someo



 us is  going to do one  way or  the other.   I



 maybe  you  feel better  if  you  are going to



 never  see  that that  is going  to work.



           MR.  YAHTIS:  Well,  Mr. Chairman,



 agree  with you.   People who have great fai



 say, open  meetings laws and public hearing



 this too far,  and some people do,  feel tha



 even have  a man  come to your  office and ta



 because you are  doing  this secretly,  there



 there, and of  coarse it is ridiculous to  c



 far.
 for us to
e coming after



don't Know,



o that, but I
I tend to
h in,  let's
,  carrying



 you should not



c  to him



Is nobody else



rry it that
          Even during this conference, which is basically



a public conference, people have been in and out of my



room practically constantly. We eat together, we have



coffee together, we talk together all the time.  You



really cannot limit yourself in your ao-ctLlled personal



contacts.  You cannot nimply stop speaking Juot because



you are not in public. And yet there arc people who

-------
                   Executive  Session
severely  criticize  us  for  having  a  meeting  in
sur office
and not  inviting all  the press  in.   If  the  press  wants  to
come  in,  I for one almost never  care,  but  stil



there is  a normal work-a-day meeting of  people



kinds together, with or without  notice,  which



violate any right of the public  to have  inform



go to Dallas, you come to Houston, we  go to De



is where  people work, that is where they are.



think there should be no feeling that  we are r



from  communicating.  There has also been quite



about the failure to publish Information.



          Let me talk about the word "publish"
I  an d all
 of all
Joes  not
ition.   We
wer.   That
 And  I
jstricted
 a  bit  said
 as  opposed
to the word "release."  If you would realize that the



water quality data available fills vast file cabinets



full and that you get the equivalent of a Searn and Roe-



buck catalogue every month, so to speak, you cdmnot pub-



lish all of it.  Yon slrsply lon't have the money, you



don't have the budget.  And I don't care how miimy people



are interested,  the highest part of them would never



road it,  and if they read it wouldn't understand it.  It



doen not mean it she-aid not J"C available to th« public,



but you can only realistically ma1:e it available liy tell-



ing people, "if you want to come to th? office, our office

-------
                     Executive Session
  his  office,  Dr.  Quebedeaux's office,  our office ir


  area,  and  look through the files,  have at it to yc


  heart's  content.  But you simply cannot print everj


  and  publish  it like  a book." There is too much of


  it changes  too fast  and a great deal  of it is not


  or audited  and is  correct—and is  Incorrect.  Once


  out;  people  take  It as gospel and It isn't always.


           So please  understand that information is
i available.  Ho  one  Is  ever  restricted  in  our office  from
i
i
| looking at  anything they  vrant  to,  but  we  simply dcjn't


 run around  publishing  it.


           MR. VAWDERHOOF:   Mr. Stein and  Mr.  Yantis, ny
 position Is that it would have been  preferable  had
 thla
mr
thing
it and
checked
 it is
 freely
 we met
 here--i would say I was prepared  to spend  a  week  here  if


 necessary, and certainly there would have  to be frequent


 recesses whs-re certainly Me couldn't possibly agree  upon


 language of certain Items.  My point is that the  pi?ople


 havo a right to see the decision-making procens and  some


 of the stumbling blocks that we encounter  and how we


 rosolvo thom.  I think 111 was pretty apparent here that


 there wore outside men tinea, we .'lid hove oiitoldo  contact


 to concur  of agree upon wording, no 'loubt  °f that, 'iut I


 think i. t wo-il'j have he en heallthlcr to havo done 't :tn an

-------
                   Executive Session





atmosphere where we say, "Well, we have got to go back



here and talk with our technical staffs to agree upon



something, let the technical staffs talk to each other



and agree upon something and then come back and let us



hassle."



          MR. STEIN:  I wanted to say something on this
when some of the citizens were talking.  From
viewpoint, you can speak In pious platitudes nbout deci-



sion-making process.  There are two words of cant that I
have trouble with in modern terminology.  One
a practical
of them IB
"parameter," and the other Is the "decision-milking pro-



cess."  They are great, but I don't know what they mean.



          I do know with the enforcement technique that



we operate under, and In other provisions of the law, we



have very detailed provisions of law that we have to go



through before we can make a determination.  If "decision



making process" means anything, It means Juo't that.  It



means that at the federal level, to me, and 'X am sure Mr.



Yantia, in speaking about his State hearings and his



orders, has the same problems.



          Now, let me try to put thin In peritpoctivo as



regards citizens saying they are not In on the deoinion-



making process.  I have the same feeling, In a sensci,

-------
                                                       445
                    Executive  Session
 that  Mr.  Yantis  does  about  this material.   My  d



 always open,  and I would  like  to  invite  any or



 you citizens  to  use it.   We accept  calls,  even




 calls, if you feel that you have  a  problem that



 our attention.   You may not always  be  able to  g



 because I am  not always my  own man, but  Mrs. Pi



 there, and you will be able to talk to her.  Sh



 know  where I  am.



          I wish you  could  sit with me in  my of:



 about a week—and I suspect Mr. Yantis and Mr. 1



 may have  the  same problem—and see  the load of j



 comes across  my  desk.  I  don't have the  problem



 trying to keep Information  from me; they seem  ti



 dating me with it.  (Laughter.)  They  wheel It
or is
11 of
ollect
warrants
t me,
re is
 will
ice for
anderhoof
aper that



of people
 be inun-
n by the
truckload.  As a matter of fact, it often requires severa



secretaries and professionals to go through and weed it



out.  Because all one does all day is try to rend this



material.



          Now, we have this material available in the



office.  We also havo material from technical a.nd other



meetings.  In dealing with Mr. Yantis and Mr. Vanderhoof,



I would say that they do riot have what you would call



secret meetings,  in that they say something in private

-------
                                                      446
                    Executive Session
 that  they don't say  In public.   I met with  these gentle-
men In private, and  they are no different In



they are In public.



          But if  a member of a citizens group



he was not made part of the decision-making p



seems to me he has a right and an obligation-



to say that—to go on his own Initiative, ask
private than
 says that



rocess, It



-If you want
Information, scout it out for himself, make tie appoint"
ment and follow through.  Then if he is not g



information or is noi; brought in, then he is



that decision-making process.  But this would



to my saying, "You didn't Invite me to X meet



didn't invite me to this technical meeting in



in Denver or what-have-you."  This happens to
 for the
Lven this
lot part of
 be similar
Lng or you
 Austin or
 me every
day in the week.



          Now, when you talk about the decision-making



process—and I don't want to start anything irh a partisan



way again--but what would you think if I were to come



down here with the enforcement staff and say to Mr. Yantls



with all the things he has got to do, "You didn't give me



the information, say, on the Houston Ship Channel or any



other waters we were interested in.  Therefore, you didn't



bring me into this operation to find out what I had to do

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                     Executive  Session
 under  tha Federal  law."   Now,  I will  say  to  you,



 want to  find  out about the waters  of  Texas,  I  th



 obligation  is  to first go to Mr. Yantls and  ask



 such information.   Then  if I don't get that  info



 or  am  turned  down—I don't say either one happen



 their  files are open—then I have  to  send our  pe



 to  get it.  But I  am sure you would think I  was



 poor public servant if I  were to Just wait for a



          Now, the point  is we are running as  ope



 operation as we know how  to.  You  must look  at th



 question from  various angles.  Right now while I



 lining this up, I  am also carrying on a negotiat



 up  to  Seattle  on a case.  I really mean this.  Y



 expect us to have  the obligation to recognize  evi



 ested  citizen who  may have an interest this week
 -f I
 ik my



 m for
nation
 because
 le out
 damned
 andout.
  an
am
 n to go
  can' t
 y inter-



 nd come
into the fore only to drop out next weelK.  I think the



citizens must recognize that if they want to be part of



what they call the "decision-making process," thisy have



to take upon themselves the correlative responsibility



of keeping track of their bureaucrats, asking for the



information and searching it out, because this is not a



self-starting operation.  You Just have to do it.



          With that, we will have a bettor knowledge.

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	MB



                    Executive Session





I have heard statement after statement on this, and [




can understand the citizens complaint.  But looking it



it from the other side—as the insane bureaucratic wretch



or the worm's eye point of view—there is no conspiracy



to keep this information away from anyone.



          The point is, if we would even attempt to get



this out in a broadside manner, we would be trebling



trebling—we would be increasing to the nth power thjje



piles of paper that I get coining across my desk ever;



day.  To most people that we would send this materia



to, this would be the equivalent of Junk mail.  They



wouldn't look at it; they would dump it right in the



wastebasket, all at the expense of the taxpayer.
          So again, remember this, there are no auto
latic
starters in this business.  You have to be your own



self-starter.  You have to cone out of this, you hav i



to apply yourself to this.  Then you will g«t the infor-



mation .



          I know we have gotten a lot from the people)



here, and I appreciate that Information.  Wo hopo we



continue to hear from you.  I would like to say that both



the Federal and the State people have laid a program on

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                    Executive Session
 the line as to what we are  golnR to do  and the dates we



 Going to do it.  This is open for all to see.  You



 going to be able to Judge it, hut in order to Judge



 you are Just going to have to do a little bit of ho



 and that is to remember what those dates are and to
 if we  have  met the dates.
If you do that you wi
 a  part  of the decision-making process.



           Are there any other comments?



           MR. YANTIS:  Murray, let me add something



 which has troubled me  for a long time.



           A few  years  ago, probably three, becauee



 did want  to communicate with the public, we require



 all of  our field offices one day a week, on a day w



 would be  known to the  public, stay open v.itil 9 o'c



 so that  the people who couldn't conic to the office
                      re
                      ire
                      it
                      lework
                                                     see
1 be
                      ere
                       that
                      ich
                      ock
                      y 5
could come. And we have  10  or  12  offices  around the State



As far as  I know, notoody ever  cane  and  we finally gave it



up.  I have never heard  of  any case where anybody came



because of that invitation  to  dlsc««so a problem with the



field office.



          The other thing we did, wo wrote a  letter to



every ncwapaper in Texas, every co*»nty  ,1'idcc,  tlic mayors



of Qorno of the big cttleit,  to  every organization that we

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                    Executive  Session
 could  find  in  any  of  the  telephone  books,  Boy Snouts,



 Girl Scouts, Camp  Fire  Girls,  the Farm  Bureau,  line  con-



 servation clubs, all  of them.  There  were  probabl.y 2,000



 letters, I  guess,  maybe more,  inviting  them to  come to



 our field offices,  told them where  they were,  r1de  with



 our people, see what  they saw,  see how  they did it, as



 though  they were one  of our staff.   Nobody ever did it.



          Mow, when the public  takes  that  attitrde, it  is



 very hard to communicate  with  the public.   If  we  did that



 today  we night fret a  different  response.  But when thou-
sands of  letters are sent  out and  say, Please  com
please ride with us," and nobody  cones,  it  Just  makes
wonder what hinct of interest  there  really  is  oul




          MR. STEIK:  Well, you know,  Mr.  Yantis




          MR. YAtrTIS:  You didn't even  3Xist  in
E see us,
 there.
;hose
days.  Your organization inn't  that old,   I  don't  believe



(Laughter.)



          MR. 3TEIM: We have predecessor organizations.



We have been around since the early 1950'a.



          But let me say I want to give Mr.  Yantls  the



last word,     I have to align ajyoclf with that, and we



are talking to h.ne public here.  Last time we viere  in



Houston we held one of these ^oJiference oonniono on a

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                     Executive Session
 Saturday.   And  I  am  not pointing  a  finger at Hous



 because  I  have  had similar  experiences all over.



           Recently we went  out  to a conference on



 Harbor.  There  was a load of sentiment to hold a



 at  night so the citizens could  get  there.  We had



 about  this size,  and I would say  roughly we had t



 amount of  people  or  a few more.   We held that nig



 session.   We were speaking  to ourselves.



           MR. YAMTIS:  You  had  it on bowling nigh



 (Laughter.)



           MR. STEIM:  Well, bowling night, I don1



 how they--I could tell you  one  thing, if I were i:



 lulu and someone  told me to go  to a night session
;on,
Pearl
ession
a room
e same
this, I know we couldn't compete.



          But this is the situation that the
                                                      451
                                             pa op
 know
 Hono-
like
e have.
I will say this on the record.  I have come to this



reluctant conclusion that despite the protestations of



holding these sessions when the public can get there,



we have the best participation and the most active dis-



cussion when we hold them during normal business hours.



Goodness knows we have tried the other.  If someone can



explain to me the psyche of the American people and why,



when we make an effort to hold these sessions in the

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                    Executive Session
evening or on Saturdays or on days when they are



work, we get such poor attendance, I would like



I guess I do know, In a sense It is what we are
                                                      452
 off from
to know.
competing
with.  It Is like the fellow who was selling these cold
breakfast cereals was saying—the hardest Job he
selling one of these breakfast cereals Is competing agalnsjt



no breakfast at all.  That is a hard thing to compete



against.
          So again, let me Join with Mr. Yantls



plea.  We welcome your participation.  We would



have everyone in this decision-making process.
 has In
on this
love to
But I
think in order to do it you have to follow the procedure



and you have to come and you have to put yourself for-



ward.



          Mr. Yantis, anything more?



          How about you?



          I would like to thank you all for coming.  I



do think we have followed this througl. a very difficult



course.  We have had to deal with a complicated factual



situation, at least an complicated as most In the country.



We have had to deal with an ever-changing situation in




dealing with an active State and local program as well as



an active Federal program.  He have had to deal with

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                                                       453
                     Executive  Session
 different  groups  looking  at  data  perhaps  in  di



 ways,  and  with  Federal, State,  industrial, and



 groups  having perhaps  different philosophies.



 magic  of the American  system is that  when you



 together in public,  invits tha  publM in, and



 techniques we have  in  our open  society, while



 cannot  resolve  the  philosophic  difficulties, w



 to  an  accommodation on a  particular situation.



 come to an agreement on how  to  go forward.   I



 have done  that.



           I would like to extend  my thanks to



 of  the  area, to the industrial  representatives



 local  officials,  to our regional  office and  tc



 of  Texas officials  who have  participated.  At
ferent
local
But the



an get



ae the



e certainly
 can come
 We can
hink we
he people
 to the
the State
east
speaking for myself, I have heard a lot of kind words



here and a lot of harsh •words here, but I believe  that



all the people I have talked about, tts far as I am con-



cerned, conducted themselves in a thoroughly firofesoional



manner throughout these proceedings and I am indeed



grateful for that.



          And with that we stand adjourned.



          (Whereupon, at 4:15 o'clock the conference



was adjourned.)

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