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
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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.
-------
od
bluow
aslqoo i
bna
bsri
OB yxammua rigu
d-arid- noid-qrnwasj
9d
9W BB
sw aa
a darid
ai& 9T9rid 9TUE
svari oriw bna eel
-A .fl
-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
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-------
278
CYAtiiur. -
CIIAKM:I. - JUUE
Date
Location
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-------
_ 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?
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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
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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
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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
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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
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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,
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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
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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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