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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- ATTENDEES (Continued): Weaver, Mac A. Acting Chief, Water Programs Branch Environmental Protection Agency 1402 Elm Street, 3rd Floor Dallas, Texas 75202 Weinheimer, Robert Air Pollution Technician II City of Houston Air Pollution Control 1115 N. MacGregor Houston, Texas Whitehead, Akemi 621 Pine Circle Seabrook, Texas Whitehead, Dr. V. S. NASA Earth Observation Division Houston, Texas Whitney, Glenn Ross PhD Candidate Texas A&M University Environmental Engineering Oceanography Department College Station, Texas 77843 Whitney, James E. Chemist Environmental Protection Agency 3801 Kirby Drive, Suite 738 Houston, Texas Whittington, Dick Director, Field Operations Texas Water Quality Board Winterton, Tom G. Chemical Engineer Gulf Oil Chemicals Co. P. 0. Box 509 Baytown, Texas 77520 Wood, Edna D. Director Edna Wood Laboratories P, 0. Box 14171 Houston, Texas 77021 Wright, W. W. Senior Engineer Shell Chemical P. 0. Box 2633 Deer Park, Texas 77536 ------- OPENING STATEMENT BY MR. MURRAY STEIN MR. STEIN: The conference is open. And I would apologize for the delay. These conferences, as you know, sometimes are rather compli- cated, and in a complex situation such as we have in the Houston area it is complicated indeed. But we are alnost on time. This reconvening of the first session of the conference in the matter of pollution of :,:•.•> navigable waters of (Jalveston Bay and its tributaries, involving the State of Texas and the United States Environmental Protection Agency, is being held under the provisions of Section 10 of the Federal Water Pollution Control Act. The first session originally met on June 7 to 12 of 1971. And if you Just think of those dates, thajt was a rather long session of the conference. The con- ference recessed to permit a technical committee repre- senting the State of Texas and the United Stattes Environ- mental Protection Agency to get together and try to come up with a report and some recommendations. ------- Opening Statement - Mr. Stein In accordance with our practice, we are going to permit anyone who feela that he has soraetilng to aaj to make a statement at the conference, and we hive severa] requests. However, I would suggest that we try not to replow old ground. I think we have had a very thorough exploration of the aspects oi' the problem at ths session vie held in June, and I Just ask all of us to use our own good judgment and not rehash this, because I th Ink what we need is to try to get on with the program anl not have prolonged talkfests. I hope we will confine ou the recommendations, new ideas, and new material Juat to recollect the situation, unde provisions of the Act, the Administrator of the mental Protection Agency has called this conference, as he is authorized to do when he finds that SUDS rselves to r the Environ- tantlal economic injury results from the inability to market shellfish or shellfish products in interstate commerce I because of pollution subject to abatement under the Federal Act, and action of Federal, State, or local authorities . The conferees are the official agencies repre- sented here: The Texas Water Quality Board, represented ------- Opening Statement - Mr. Stein by Mr. Hugh Yantia, to my left; the Federal conferee Is Mr. Richard Vanderhoof, of the Environmental Protection Agency Dallas office, on ray right. And my name is Murra Stein. I am from the Environmental Protection Agency in Washington, D. C., and a representative of Administrator William Ruckelshaus. We at the head table representing these two agencies constitute the conferees. The conferees, how ever, may have invitees to the conference. Several people have sent up cards indicating they wish to speajk. Everyone who has indicated that they wish to speak will be called on. We hope to have a prognosis of when you will be called as soon as we get under way, but you have to remember that the conferees are Just the representa tives of the official agencies. We do not take questiom from the floor, but you can reserve questions until your time comes to speak, and I would suggest that anyone wno wishes to speak other than the panel come up to the lectern and make his statement from there, first identifying himself by name, title and organization, for purposes of the record. We will be preparing a transcript and a summary of the conference, which will be available to you througi ------- W. R. Brown your State agency. First I would like to call on Mr. sill Drown, who I believe has a motion. Mr. Brown. WILLIAM R. BROWN, GENERAL COUNSEL' HOUSTON LIGHTING & POWER COMPANY HOUSTON, TEXAS MR. BROWN: Mr. Chairman, distinguished conferees. I am William R. Brown, General Couns Houston Lighting & Power Company. We received a short time ago a commi from the Environmental Protection Agency whi that the Houston Lighting & Power Company ma probably be dropped from the agenda of this I want at this time to file a mctior effect that it should be dropped, I have fui copy already to the chairman, and in the intt el of inication h indicate!1 ter would onference. to the nished a rest of time I will not read the motion. I would like the record to show that the motion has been filed for your action. MR. STEIN: Without objection, the motion will be included in the record as if read. (The above-mentioned motion follows:) ------- GALVBSTON BAY ENFORCEMENT CONFERENnK RECONVENED SESSION HOUSTON, TEXAS *###*# MOTION FOR DISMISSAL OF HOUSTON LIGHTING & POWER COMPANY ------- 10 GALVESTON BAY ENFORCEMENT CONFERENCE RECONVENED SESSION HOUSTON, TEXAS TO THE HONORABLE MURRAY STEIN, CHAIRMAN: The Environmental Protection Agency, in a locu- raent dated October 8, 1971, filed with the District Sngineer, Galveston District, Corps of Engineers, suggested thit it is likely that the Houston Lighting & Power Company prob- lem will be removed from the Conference agenda. Houston Lighting & Power Company now petitions this conferen any and all matters pertaining to this Company be removed from the agenda of this Conference, and that the Conferees take no further evidence and make no recommendations with respect thereto. In support of this request Houston Light- ing 2: Power Company would respectfully show the following: (1) This Conference was called by the Hororable William D. Ruckelshaus, Administrator, Environmental tection Agency, without any request by the Governor ce that Pro- of the State of Texas, and according to the provisions of Election 10(d)fl) of the Federal Hater Pollution Control Act, a pre- requisite to Jurisdiction is that there be "substantial economic injury * * * resulting from the inabillty to mar- ket shellfish products in interstate commerce" because of the pollution of Galveston Ray and its tributaries. ------- 11 (2) At the first session of this Conference held on June 7 through June 12, 1971, no evidence was p sented reflecting that there are any shellfish in the vicinity of your Petitioner's cedar Bayou Generating PI or that the proposed operation of such plant threatens damage to shellfish. (3) By reason of the foregoing, it now appea that there is no statutory jurisdiction for considerati by this Conference of matters relating to Petitioner's plant, and that further consideration by this conferenc of matters relating to Petitioner's said plant will ser no useful purpose. NOW, THEREFORE, in view of the absence of Jur diction and in the interest of conserving the time of t Conference and its Chairman, Petitioner moves this Conf ence and its chairman to delete from the agenda any fur consideration of Petitioner's cedar Bayou Generating PI and that it refrain from hearing further evidence, or m ing findings, with respect thereto. e- nt aid s- is r- her nt Respectfully submitted, Vfilliam R. Brown Attorney for Petitioner Houston Lighting & Power Company ------- 12 Lstrator one of the to the bhe sion of T. P. Gallagher MR. STEIN: Mr. Brown, I think the Admin of the Environmental Protection Agency is the onl who can make the determination of the Juriadictio conference, but your recommendation will be taken Administrator. However, I would suggest pending action by the Administrator that we forego discus the Houston Lighting & Power aituation except as anyone who wants to make a passing reference to i And with that, may we go on. And thank you very much. MR. BROWN: Thank you. MR. STEIN: I would like to see if we co[uld get the technical committee report. Who is going to present that, Mr. Vanderhocf? MR. VANDERHOOP: Mr. Gallagher. THOMAS P. GALLAGHER, DIRECTOR DIVISION OP FIELD INVESTIGATIONS DENVER CENTER, EPA, REGION VII DENVER, COLORADO MR. GALLAGHER: Mr. Chairman, conferees. My name is Thomas P. Gallagher. I am Director of the Division of Field Investigations, Denver Center, ------- 13 T. P. Gallagher Environmental Protection Agency, and a member Technical Task Force mandated by you to examin present a common baseline of data. I would now like to read the suggeate mendations of the Technical Task Force to the and I would like the transcript of these entered into the record. MR. STEIN: Without objection, that w done. (The above-mentioned recommendations f the and recom- onferees, recommendations 11 be ollow:) ------- STATEMENT OF FEDERAL - STATE TECHNICAL TASK FORCE FOR GALVESTON BAY ENFORCEMENT CONFERENCE September 1971 14 ------- STATEMENT OF FEDERAL - STATE TECHNICAL TASK FORCE FOR GALVESTON BAY ENFORCEMENT CONFERENCE The Calves ton Bay Enforcement Conference was convened In Houston, Texas from June 7 through 12, 1971, under the provisions of Section 10 of the Federal Water Pollution Control Act, for the purpose of considering pollution affecting shellfish harvesting in Galveston Bay, Texas. The Conferees are the Environmental Protection Agency, representing the Federal Government, and the Texas Water Quality Board representing the State of Texas. During the Conference, a great number of presentations were made br Federal, State and local regulatory agencies, as well as industries anc private consumers and environmental groups of the Houston metropolitan area. These presentations contained an extraordinary amount of technics! Information concerning quantity and characteristics of waste discharges, as well as effects on receiving water quality and beneficial uses; some of which was apparently contradictory. Consequently, the Conferees decided that because of the voluminous record compiled during the six days of the Conference, it would be impossible to immediately assimilate all of the testimony presented and develop a pertinent series of recommendations con- cerning the conduct of the waste abatement program In the Calves ton Bay: and Houston Ship Channel area. Therefore, the Tonferees directed that technical personnel of the Texas Water Quality Board and the Environmental Protection Agency review and update the data presented, and compile a common baseline which will permit conclusions and recommendations for developing a continuing waste abatement program. ------- 16 An extensive review was made of Che numerous presentation Conference; of subsequent field and laboratory analyses in the waters; and pertinent data not previously evaluated. This rev: stitutes an enormous amount of information which can be used ai material, or submitted for the record at the Conferees discret As a result of the evaluation made by the Technical Task 1 agreement has been reached on ten of the eleven recommendationi water quality and waste abatement in the Galveston Bay system. recommendation where no agreement could be reached, the various have been set forth for the disposition of the Conferees. Participation In this joint technical evaluation has been Deputy Director and his staff of the Texas Water Quality Board Division of Field Investigations - Denver Center, Office of En: EPA; the Region VI Enforcement Office, EPA, Dallas; and the Ga. Bay Field Station, EPA. Cooperation and support was also supp! Regional Office of the Food and Drug Administration; the Texas Health Department; the Harris County Pollution Control Department; and the U.S. Air Force at Bergstrom Air Force Base, Texas. This c< is gratefully acknowledged. to the receiving ew con- reference on. concerning In the positions by the the orcement, veston led by (he State operation ------- 17 RECOMMENDATIONS 1) The Food and Drug Administration, in cooperation with appropriate State regulatory agencies, continue their recently Initiated national study of oil and hydrocarbon residues In oysters, Including those taken fr« Galveaton Bay, with the objective of determining toxicologies! effec It' any, of such concentrations. These data, and any evaluations, will be made available to the Conferees of the Galveston Bay Enforcement Con 2) To Insure that approved shellfish harvesting areas are propsrly classified at all times, sampling for determining bacteriological accept- ability of areas for shellfish harvesting in Galveaton Bay shall con linue to emphasize the most unfavorable hydrographic and pollution conditions. The most unfavorable hydrographic and pollution conditions will be determined by technical personnel of the Texas State Health Department, in coopm ation with other State and Federal agencies as the Texas State Health Department deems appropriate. 3) Effective disinfection of all domestic waste sources contril'Uting bacteriological pollution to the Galveston Bay system will be provided. The Texas Water Quality Board policy to this effect shall continue t< be Implemented. Where effective disinfection is not presently being accomplished, It la recognized that adequate measures an; underway tc secure that disinfection. The Texas Water Quality Board will continue to implement Itfi policy requiring the elimination of small plants. The centralization of facilities, wherever possible, and the halt of proliferation of small plants will continue, consistent with existing appropriate procedures. ------- L8 The implementation schedule for this program, as initiated by the Tejcas Water Quality Board, will be made available to the Conferees of the Calves Con Bay Enforcement Conference. The EPA will offer its resources and its cooperation in a of Calves con Bay. This study is presently being conducted by the T xas Water Quality Board on all sources of municipal and industrial wast permitted by the Texas Water Quality Board to discharge effluent to Galveston Bay and Its tributaries. These examinations shall emphasJ determination of complex organic compounds, heavy metals and other potentially toxic substances, as well as oil and grease, from each source. Recommendations and scheduling of nrcessary abatement will provided to the Conferees as soon as they become available. The Te Water Quality Board permits and self-reporting data system should h amended, as necessary, to reflect the recommendations of this waste survey. A progress report on results of this study will be made to Conferees within air. months of the date of the reconvened session o Calves ton Bay Enforcement Conference. 5) The Texas Water Quality Board will continue its review of waste source discharging to Galveston Bay and its tributaries, and amend those permits as necessary to insure that the best reasonable tudy aste ;as source the the ach ill avail- able treatment is provided relative to discharges of oil and grease. It is recognized that improvements in technology will be incorporated into future permit revisions. A progress report will be made to the Conferees within six months of the date of the reconvened session of the Galveston Bay Enforcement Conference. ------- 19 6) The ongoing review and amendment by the Texas Water Quality of existing permits recognizes that greater reductions of waste will required of waste dischargers to the Calves ton Bay system to meet wa quality standards. The Conferees note that In the past three years organic waste load being discharged Into the Houston Ship Channel ha lowered from about 430,000 pounds per day of BOD to 103,000 pounds p of BOD, Any amendments to existing or new Texas Water Quality Board control orders as a resu'.t of this program will prohibit dilution as substitute for treatment. A progress report on continuing reduction waste loads will be provided to the Conferees within six months of t date of the reconvened session of the Galveston Bay Enforcement Conf 7) A characterization and evaluation of the water quality sign of materials from pollution sources contained in the organic sludge from the Houston Ship Channel shall be conducted. Based on the rcsu this evaluation, and examination of present spoil disposal areas, re mendations will be made by the Texas Water Quality Board and the Env mental Protection Agency on location of suitable spoil disposal area other appropriate action to minimize or eliminate deleterious effect ioard be er been r day waste of ficance redged ts of om- and on water quality. 8) Alert levels for acute and chronically toxic or growth in- hibiting parameters are being developed by the Food and Drug Administration for shellfish from all approved national growing waters, Including Calves ton Bay. These alert levels will be discussed with technical personnel of the Environmental Protection Agency and will be presented at 1:he Seventh National Shellfish Sanitation Workshop sponsored by the Food and Drug ------- 20 Administration. The Environmental Protection Agency, in cuu the Food and Drug Administration, and other appropriate State agencies, will work to develop parameters for the sane charac waters approved for shellfish harvesting. 9) Chemical constituents causing color in waste effluen those from and paper mills, shall be reduced as soon as stated In existing Texas Water Quality Board waste control or report on feasible processes to accomplish this recommendatio submitted to the Conferees within six months of the reconvened the Galveston Bay Enforcement Conference. 10) To meet present official State-Federal water quality established for dissolved oxygen In the Houston Ship Channel, that the maximum waste load discharged from all sources will pounds per day of five-day B.O.D., including projected future Studies scheduled for completion in 1973 ulll provide the bas necessary to achieve maximum water quality in the Houston Shi Between now and the completion of the study, the Texas 'later will continue the program of waste reduction described in Rec Mo. 6 above. The Environmental Protection Agency will also program consistent with its statutory requirements and in coo the Texas Water Quality Board. Upon completion of the study, determination 01.0.^.. with md Federal eristics In s, such as racticable as ers. A shall be session of standards it is expected about 35,000 evelopment. c mechanics Channel. ality Board mendation tinue its ration with will be made by the Texas Water Quality Board on further measures, If necessary, beyond its ongoing program to Insure adequate wateir quality in the Houston Ship Channel. The following recommendation was not susceptible to joint agreement ------- 21 by the technical Task Force and both versions are presented for tj e Conferees' consideration: 11) re: Houston Lighting and Power Cedar Bayou Power Plant (a) Texas Water Quality Board recommendation:—the once through cooling system, with discharge to Trinity Buy, proposed for the Cedar Bayou plant shall be careful monitored to determine whether irreparable damage tc aquatic life is occurring and/or water quality is buing deleterlously affected. If such effects are shown, Houston Lighting and Power Company will take immedif te steps to correct the situation. (b) Environmental Protection Agency recommendation:—no discharge of cooling water from the Cedar Bayou platt to Trinity Bay shall be permitted. The Houston Llghtii Power Company shall be required to abate the waste teat load by Incorporation of a system utilizing recirculation and reuse of cooling water for all units at the Ced Bayou plant or return of used cooling water to Tabbs Bay and adjacent waters or location of additional units at suitable alternative sites. g and OPO »37.»00 ------- 22 T. P. Gallagher MR. GALLAGHER: The Galveston Bay Enf Conference was convened in Houston, Texas, fro through 12, 1971j under the provisions of Sect the Federal Water Pollution Control Act, for t of considering pollution affecting shellfish h in Galveston Bay, Texas. The conferees are th mental Protection Agency, representing the Fed Government, and the Texas Water Quality Board, senting the State of Texas. During the conference, a great number tations were made by Federal, State, and local agencies, as well as industries and private consumers and environmental groups of the Houston metropolitan area. These presentations contained an extraordinary amount of technical information concerning quantity and characteristics of waate discharges, as well as effects on receiving water quality and beneficial uses >rcement n June 7 Lon 10 of ie purpose irvesting z Environ- sral repre- of presen regulatory some of which was apparently contradictory. Consequently, the conferees decided tihat be- cause of the voluminous record compiled during; the six days of the conference it would be impossible to immedi- ately assimilate all of the testimony presented and develop a pertinent series of recommendations concerning ------- T. P. Gallagher the conduct of the waste abatement program in Galveston Bay and Houston Ship Channel area. the Therefore, the conferees directed that technical personnel of the Texas Water Quality Board and the Environmental Protec- tion Agency review and update the data presentsd, and compile a common baseline which will permit conclusions and recommendations for developing a continuinz vaste abatement program. An extensive review was made of the numerous presentations to the conference, of subsequent field and laboratory analyses In the receiving water;, and pertinent data not previously evaluated. TMs review constitutes an enormous amount of information jhich can be used as reference material or submitted for the record at the conferees discretion. As a result of the evaluation made by the Technical Task Force, agreement has been reachsd on ten of the eleven recommendations concerning water quality and waste abatement in the Galveston Bay ays tern. In the recommendation where no agreement could be reached, the various positions have been set forth for the disposition of the conferees. Participation In thin Joint technical evaluation ------- T. P. Gallagher has been by the Deputy Director and his staff of the Texas Water Quality Board, the Diviaion of Field Inve gations, Denver Center, Office of Enforcement, EPA, t Region VI Enforcement Office, EPA, Dallas, and the Calveston Bay Field Station, EPA. Cooperation and sup port was also supplied by the Regional Office of the Food and Drug Administration; the Texas State Health Department, the Harris County Pollution Control Depart ment, and the U. S. Air Force at Bergstrom Air Force Base, Texas. This coopeiation is gratefully acknowlec I will now read the suggested recommendations the Technical Task Force: 1) The Food and Drug Administration, in cooj tion with appropriate State regulatory agencies, contj their recently initiated national study of oil and hyc ti- of era- ue o- ,m carbon residues in oysters, including those taken fro Galveston Bay, with the objective of determining toxir cological effects, if any, of such concentrations. These data, and any evaluations, will be made available to the conferees of the Galveston Bay Enforcement Conference,, 2) To insure that approved shellfish harvesting areas t.re properly classified at all times, sampling for determining bacteriological acceptability of areas for ------- T. P. Gallagher shellfish harvesting in Galveston Bay shall continue t emphasize the moat unfavorable hydrographic and pollut conditions. The most unfavorable hydrographic and pol lution conditions will be determined by technical per- sonnel of the Texas State Health Department, in cooper tion with other State and Federal agencies as the Texa State Health Department deems appropriate. 3) Effective disinfection of all domestic waste sources contributing bacteriological pollution t the Oalveeton Bay system will be provided. The Texas Water Quality Board policy to this effect shall contin to be implemented. Where effective disinfection is no presently being accomplished, it is recognized that adi quate measures are under way to secure that disinfect!' 25 on n. The Texas Water Quality Board will continue implement its policy requiring the elimination of smal plants. The centralization of facilities, wherever possible, and the halt of proliferation of small plantji will continue, consistent with existing appropriate pro- cedures. The implementation schedule for this program, as initiated by the Texas Water Quality Board, will be made available to the conferees of the Oalveston Bay Enforcement conference. ------- T. P. Gallagher 4) The EPA will offer its resources and its cooperation in a study of Galveston Bay. This study ia presently being conducted by the Texas Water Q lality Board on all sources of municipal and industrial wastes permitted by the Texas Water Quality Board to ilischarge effluent to Galveston Bay and its tributaries. These examinations shall emphasize determination of complex organic compounds, heavy metals and other potentially toxic substances, as well as oil and grease, f: 26 om each waste source. Recommendations and scheduling of neces- sary abatement will be provided to the conferetis as soon as they become available. The Texas Water QuaMty Board permits and self-reporting data system should lie amended, as necessary, to reflect the recommendations oJ' this waste source survey. A progress report on results of this study will be made to the conferees within six 1 months of the date of the reconvened session of the Oalveston Bay Enforcement conference. 5) The Texas Water Quality Board will continue its review of each waste source discharging to Galveston Bay and its tributaries, and will amend those permits as necessary to insure that the best reasonable available treatment is provided relative to discharges of oil and ------- 27 T. P. Gallagher grease. It ia recognized that improvements in technology will be incorporated into future permit revisionf progress report will be made to the conferees wi ;hin six months of the date of the reconvened session of 1 veston Bay Enforcement Conference. 6) The ongoing review and amendment by the Texas Water Quality Board of existing permits re that greater reductions of waste will be required of waste dischargers to the Galveston Bay system to water quality standards. The conferees note tha past three years the organic waste load being dlncharged into the Houston Ship Channel has been lowered from about 430,000 pounds per day of BOD to 103,000 pounds j of BOD. Any amendments to existing or new Texas Quality Board waste control orders as a result o program will prohibit dilution as a substitute f< he Gal- ognizes meet in the er day Water this r treat- ment. A progress report on continuing reduction of waste loads will be provided to the conferees within six months of the date of the reconvened session of the Galveston Bay Enforcement Conference. 7} A characterization and evaluation of the water quality significance of materials from pollution sources contained in the organic sludge dredged from the ------- 28 T. P. Gallagher Houston Ship Channel shall be conducted. Bt.sed on the results of this evaluation and examination spoil disposal areas, recommendations will tie made by the Texas Water Quality Board and the Environmental Pro- tection Agency on location of suitable spoil areas, recommendations will be made by the '. Quality Board and the Environmental Protect; location of suitable spoil disposal areas ai appropriate action to minimize or eliminate f present disposal 'exas Water on Agency on d other deleterious effects on water quality. 8) Alert levels for acute and chronically toxic or growth inhibiting parameters are b by the Food and Drug Administration for sheMfish from all approved national growing waters, inclu ting developed ting Galveston Bay. These alert levels will be discussed uith technical personnel of the Environmental Protection A/jency and will be presented at the Seventh National Shellf:.sh Sanitation Workshop sponsored by the Food and Drug Administration. The Environmental Protection Agency, in cooperation with the Food and Drug Administration, and other appropriate State and Federal agencies, will work to develop parameters for the same characteristics in waters approved for shell- fish harvesting. ------- 29 T. P. Gallagher 9) Chemical constituents causing colcir in waste effluents, such as those from pulp and paiier mills, shall be reduced as soon as practicable as state existing Texas Water Quality Board waste control orders A report on feasible processes to accomplish thj mendation shall be submitted to the conferees wJ months of the reconvened session of the Galvestcjin Bay Enforcement Conference. 10) To meet present official State-Ftderal water quality standards established for dissolved oxygen in the Houston Ship Channel, it is expected thai the maxi- mum waste load discharged from all sources will be about 35,000 pounds per day of 5-day BOD, including pi ejected future development. Studies scheduled for completion in 1973 will provide the basic mechanics necessary to achieve n. ximum water quality in the HOUGoon Ship Channel. Be- twefln now and the completion of the study, the Texas Water Quality Board will continue the program of waste reduc- tion described in Recommendation No. 6 above. The Envir- onmental Protection Agency will also continue its program consistent with its statutory requirements and in coopera- tion with the Texas Water Quality Board. Upon completion of the study, determination will be made by the Texas d in s recom- thin six ------- 30 T. P. Gallagher Water Quality Board on further measures, if necessary, beyond its ongoing program to Insure adequate waHer quali ty in the Houston Ship Channel. The following recommendation was not ausceptibl< to Joint agreement by the Technical Task Force, and both versions are presented for the conferees consideration: 11) re: Houston Lighting & Power Cedar Bayou Powerplant. (a) Texas Water Quality Board recom- mendation; The once-through cooling system, with discharge to Trinity Bay, proposed for the Cedar Bayou plant shall be carefully monitored t« determine whether irreparable damage to aquatic life is occurring and/or water quality is Ipeing deleteriously affected. If such effects are shown, Houston Lighting & Power Company wih.1 take immediate steps to correct the situation. (b) Environmental Protection Agency recommendation: No discharge of cooling water from the Cedar Bayou plant to Trinity Bay shall be permitted. The Houston Lighting & Power Company shall be required to abate the waste heat load by incorporation of a system utilizing ------- 31 T. P. Gallagher recirculation and reuse of cooling water for all units at the Cedar Bayou plant or return of used cooling water to Tabbs Bay and adjacent waters or location of additional units at suitable al- ternative sites. That completes the recommendations of the Technical Task Force to the conferees, Mr. Chairman. MR. STEIN: Thank you, Mr. Gallagher. Any comments or questions? MR. VANDERHOOF: Yes, sir, Mr. Stein. Mr. Gallagher, what was your primary mission as assigned by the conferees in the June conference? MR. GALLAGHER: As stated in the material wiich I Just read to you, Mr. Vanderhoof, It was that the t nlcal personnel of the Texas Water Quality Board and Environmental Protection Agency review and update the sch- bhe data presented and compile a common baseline which will pelrmit conclusions and recommendations for developing a contin- uing waste abatement program. MR. VAWDERHOOP: The first part, that Is thut agreed baseline, was this ugreed to by the technical task committee? MR. GALLAGHER: I don't think there is any ------- T. P. Gallagher question among the members of the Technical Task Force on the validity of the data. MR. VANDERHOOF: Then we do ha line? This is really what I am searchin achieved your mission? MR. GALLAGHER: Yes. MR. VANDERHOOF: We do have a MR. GALLAGHER: Yes. MR. YANTIS:" Mr. Chairman, I ti comment, if I may. MR. STEIN: You go right ahead Is that all right? MR. VANDERHOOF: Sure. MR. YANTIS: Within the variou technical task forces, your people and o to an understanding, as I believe Mr. Ga re a common base- 5 for. You have jommon baseline? ink this needs a meetings of the ir people, we came .lagher has said, that the simple mass of data is too largf for detailed one-by-one handling and that there would be no salvation in that direction. We also noted that other data vras being acquirec at a rapid rate and this would go on foreiver. We agroed that in the sense of a reedited, republished report similar to the one available in June that this wae simply ------- 33 T. P. Gallagher net a feas-.ble thing to do. So when you say is there a common baselimL I thim. vi, have all agreed that there is available wHihln the various State and Federal agencies an adequate body of data, much of it in file and not necessarily in J'ormal report form, to which we will all agree. So in the E that within the files available to us there is data we can all work towards, yes, we do have a common btseline If you mean is there a published report, f specific catalog of data, no, there is not. MR. STEIN: Are there any other comments o|n that? MR. VANDERHOOP: It appears to me that we ense which have to have something tangible to work with. Mr. Gallagher, can you straighten me out dn this? Do we have something documented that we don't have t|o search into files that we can agree upon? MR. GALLAGHER: There were severe.l work papers prepared for the Technical Task Force containing data that could help to lead to the recommendations which were Just read to you. MR. STEIN: I think the charge to the technical task force at the last session ------- T. P. Gallagher of the conference was to try to reconcile whi be differences in data. I believe at that p out that I didn't quite share that view in 1 the presentation from the State and Federal { I thought that the data was consistent and tt might have been in the sense of terms of the I recognize that thia may have been a bias on haps because I had heard a good deal of the But ray understanding of what all of saying is that, really after the task force you found that there were no fundamental diff the facts or the data between the Texas peopl Federal people. Is that correct? MR. GALLAGHER: That is correct, Mr MR. STEIIV: All right. MR. VANDERHOOP: Well, Mr. Callaghe thank you and the task force for the complet: assigned work. I would point out that the re that you have placed tn there are not necessa appear to nt I pointe tening to ople--that problem resentation part, per- ta. you are a completed, rences on and the Stein. , I do n of your ommendations ily agreed to by the Federal conferee. Let me then comment. That is all the questions I have for you. MR. GALLAGHER: Thank you. ------- 35 R. A. Vanderhoof Ft. A. VANDERHOOF, DIRECTOR OF WATER PROGRAMS ENVIRONMENTAL PROTECTION AGENCY REGION VI DALLAS, TEXAS MR. VANDERHOOF: I would point out that I, ir have read the document entitled, Report on Pollution Affecting Shellfish Harvesting in Galveston Bay, Tex dated March 1971, and I have listened to the rebutta the data shown by the staff of the Texas Water Quali Board. I have also read the compilation of the data prepared in the working document dated August 1971- I would state that in my opinion the March report did not properly compile the waste loads perm by the Texas Water Quality Board in 1968, and the sta the Texas Water Quality Board did describe existing as reported by the permittees. This apparently caus the original difference of opinion. But I think we too, IS, of 1971 tted f of oads ere talking of two different sete of data and these were accurately described by both parties. Now, it is clear from reading these documents that there has been some reduction in waste loadings slnc< 1968. The supplementary document prepared under date of ------- 36 R. A. Vanderhoof August 1971 describes existing loads during t August 1970 through March 1971 as compiled fr reporting system of Texas Water Quality Board da*.a are in general agreement with the presen by Texas during the June conference. We can , erally with the existing loads. But I atill want to make it abundan that the Federal report of June 1971 is corre< it stated permitted loads. The supplementary document of Augus believe is also correct, and it describes the : raitted loads and the existing loads to the Gal> system for the period August 1970 through Mar< I also wish to make it clear that wl documents are believed correct, they may not 1 complete. In addition, the August 1971 docuim only one known to me that describes the actua! of waste discharged into the Galveston Bay syi e period m the self- These ations made gree gen- ly clear t in that 1971 I 971 per- eston Bay h 1971. ile these e absolutel nt is the quantity tern based on effluent sampling. Again, the num'bers shown are at least the values shown, for as I have stated, the summary may not be complete. Also the March 1971 document is the only pub- lished report that I know of on waste loads permitted in ------- 37 R. A. Vanderhoof 1968 to be discharged to the Galveston Bay systen. Now, I observe that the permits issued to the Ship channel in 1968 were over allocated by a factor of 10 and that existing loadings on the channel appear to be over allocated by a factor of about have been informed, and I have read in the document of August 1971, that aerial reconnaissance of the Gulveston Bay system has shown frequent and ubiquitous oil spills to be occurring. On the basis of everything that I have personal- ly observed, read, and heard entered into the record, I believe that the recommenlotions originally proposed in the March 1971 document are reasonable. Summary wording is certainly necessary to fairly address the ongoing activities of other Federal and Starve agencies. I believe that there could be some rewording and some improvement to describe best available treatment, and towards this end, Region VI has prepared some recommendations, whiijh I will give to the Chairman and to Mr. Yantis. The Region VI recommendations take a much longer view of the Galveston Bay system. Therefore, thisy are not furnished as recommendations to thia conference but as suggestions to the Texas Water Quality Board that for loads 3. ------- 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{i»£ vAluen for April r.nd Mny 1971 become- nviillnlilr. Thrsp rf;»t.t li.nl not lutt-n chcclu-d for accurdc.y by tlic1 pvrpnr- ntlon of thin ic^ort, ln»|tC'Cll------- Municipal waste source penults do not contain this puram number of permits issued in the Conference area in 314. twenty-nine permits arc issued for sources on the Housfo and 85 arc for sources in otiicr areas of Calvcuttm liny. permits are issued for municipal waste sources and 154 i effluents. These municipal and industrial sources are p charge 27.1.0 MGD and 583.2 MCD, respectively. The actual total waste discharge averaged from Augu March 1971 far all effluent sources holding permits, cxc Lighting and l-iv-t-r Company, and included in llie self-rep approximately 683 HCD vhicli contains 322,000 pounds per solids, 244,000 pounds per day of U.O.I)., and 711,000 po C.O.D. (indt-HLrf al sources only). It Is not possible to mate a direct comparison of 1 ay of! suspended mds per day of e compliance since, in mnny C data. The ]UCB, In some 11 permit re- quirements on a pmnidn jvcr day effluent ItniiliB, A large iiuinlH')' of sources exceed permit rcciufrnnrnls on a concentration (niJlligruinl) per liter or partn per mUlfon) bar,Ir,; lnivcvcr, the allowalilc wnHtc fllow in uuuhlly BO much grenLer cltnn .iciu.il vavic flow Hint conversion ID poundu per day brings the waste rffacJinrge Mincer i)»f pr/nndn firr d/iy figure1 JinjOii-i' nn the pCL'nittM. The texn» W.-eter Qjn^lity nonfd [inniddfrii n i:anrentration whlrli exceed:! the nllnw.tble fM»COJJ!ml Ifni to !;L' fi vlcilnMnii of thct prrmit. witti permits by the aggregate total of uastc cnses, permit values ucrc not. listed In tlic eclf-reporti reverse situation; if. also true; viz., actual discharge v instance::, arc not reported for certain pcnuI.L parameter and with tlie above quail f I cat ions, most si.jrccts arc vifli III-2 199 itcr. The total Two-hundred- I Ship Channel Ono-hundred-cixty ir industrial Tinittcd to dis- t 1970 to uulvc of Houston ------- A summary of permitted and actual waste discharges on day basis is presented In Table 111*1. A listing of allowi effluents from each source, as of March 1971, is contained The major substantial change in u.istc effluent since March stnllatlon of treatment at U.S. Plywood - Champion Paper C< actual effluent as reported in tlicit statement pres.-nttd ti Is reflected In these tables. The actual vastc discharges averages of the monthly values (through March 19/1. Many of the Industries pro-sent Ing statements to the Ccnferees were concerned that the effluent pcrunia figures quoted in the Fidcral report wevc not representative of waste production within their plants due to the de^rndc-tl quality of tile in tab. water. It: is jiresuturd Ihol: tlie nclf- reporttng data submitted toy vastc dischargers to the Texas Board Cake this factor into account and thai all vnlucG qu< representative of actual waste discharges. A. HOUSTON SKIP ClIMWEI. The Houston Ship Chaotic 1 receives 49B.2 KGI) of uaotci 144,000 pounds per day of five-day B.O.I).; 266,|600 pounds | suspended solidlni and 509,500 gvnwulls per day of C.O.D. fror 200 1II-3 a poundn per blc and actual in Table III-2 1971 Is the in rapany. The ' the Confcrcnci reported arc Water Quality ted arc cant/lining or day of ImUintrial sources only. The Texas Water Qunlity Eoaul htio fiince notcld that the rcpoftcd aggregate F .O.D. value-, an of ttic nonUily report I'ar July 1971, la about 103,000 pounds per ,; ))9>,IOO po«iinul^ per 6ny of r.tif.pruiU'd flolllitfl and 643,900 pouncln por dny of C.0.FV. ------- TABLE m-1 STSMA3T 0? VASTS CISCEAKES - G;. -VESTOS BAY A3EA * PETSO',£VX. CHEMICAL, ?IAST:C AXD R'-t.ia irei'STaia OTHEH ISMSTKIAL _.** __ _ _. s,s. 3.0,3, — — - 5,5, •- a,c.37~ c.o.a, s.s 8.0,0, c.o.3. 1S03 iOOO So, of Flow lOOO IMO 1539 So, ef Flow 1COO 1000 1000 L>»/5av__ Lbs/?«T_ Saurcg __ yc3__,_ lbs/3ay Lbs/Pay ___ Lb3/3ay Sfmgs MO Lha/Di • Lba_/3»y Lbs/Say ?'ers,^cfr ?«rri'.'A'cT7 ?eri'.' .------- T™;n~ UATA Keustpr. Shi? Channel ; "Jft tt^ * Ctt CltT Cit-r Zl^r Ci.;~ •— — C*1*r <^=r =!=""* C-T^ Cltr Civ^1 ~-T ?;;*. City ef ;«r*. rV^^T"1 '*. « rax. S. ris« ir e! ^M- Tit-i - teisl d= llt^. Co. . Se-thiiae T. ef narrstrt, rcrt^si^e ef Hr-je:r=. Sir-; Tcrr-i e5 n^r^^Ttr. A* -**^»T;- riara cl Lc^^rttt:. C:.-ivt:'t rir.sr cC ~ r^;— . Cicrrroc risec 3£ £.-=:»-. CZ=tt=. ?^Ti" =£ Sr^t—.. Cclc Crcei :i=T- rf "•Ksm. r.~2 ?17 cT r^?u5ivn. n.'S- -^3 cf Tj'-'stir. . C-jlf :rc.-'Jo---3 oT "-?umM, r^ulf ?'»t—- ^ if L-.TJIUS. Gull tcrr.-.ci Ttt Si ^ IW9 c; :.53o O.A?? lt«0 ?1 9.050 isjiJ e: o.:» l^il? C* 0.473 1C31J 01 0.300 111:5 " 3J.OCO 1C*?J CI 4S. 13--33 C3 IC-iTj 37 IZ^Cj CC t urs 13 ?-'.?3 11 7i?3 13 irics 10 1C«? 3 10 1?«C 5 Zl C . 1WJ3 2: 3. V w "j2 35 7G :-: -3 3: 33 C3 E: 33 "AvsrT S.«, 0.03J t.r: 0.001 O.S41 1.1:3 0.175 47.3J5 i;.j44 0. 03 i. '.& 0. 27 0. It 0. 33 C.705 1.C73 0.i-'.3 0.133 s.::3 J3 J7 r: , 117 51 ir? 40 ::9:5 SSI G 10 12 '•> 12 2C3 107 43 43 daw) =n-«T-»^ 111 1 5 T" ------- TABLE III-2-A !S!NICI?A!. VASTES - p?K:iT 5ATA (Continued) Houston Shin Channel Solids Chlcrtne 144.500 127.433 33031 45237 23357 73123 rays *«. 7^ .vn. li I SI i! Sr^" i! -HV ? -•-* M. •-•:;;? ?}J i'>75 lit" s *£** t?.. '."CtS ?*&•! i/;4';} liV? i i'c i- ~a. '.-ttS ?«-! It4'j5 tit? ; "5— «. VCtS J-ii-3 iS-UJ Sty- s tS-* -f'l '-t:s J>J !Ci7S -^»— ^ - . — — r* *T^— *^»*T^. *(fc4"5 ^it^ c "c*i-"tcn. "crest '». It4?5 )^i. Ti rl~.r~' -::: «_... -^1^ Out F»ll 5 n •\ 44 45 47 45 4? 31 33 w*rf 03 E: 70 75 T T , "-A 0.?;; i!c?i) A t * c V f=*^ ?'H'i o'.S53 C.7tt 0.3C4 V t J V «* 1.253 C.I33 0.114 C.C23 0.3C3 3.3CO ".vr 6!lS7 7.555 *'':?: ?!:53 e.w? O.J«f 0.534 3.13: 0.591 3. '.63 l'.7:3 0.114 O.OS4 0.172 P^W 1*7 3 = 4 31 44 4C3 S3 Cu C-l s.r.. 30 30 t&7 ^Jf" .VVCT, 1,03 35 15 f] 1 9 ii? 5« 15? 573 114 134 110 155 50 37 12 iro 23 (lb/(!av) Solids Flov, BOO. Susp Solidr, Flov, BOD, Sus? Solids 71ov, S3D. Suss Soliis Tlov, Sus? So lido Flov, S3S", Susp Solids "lov, SC-b, Sunp Solids Flov, SUST> Soliis IOD, Sus? Sollda - Sy- 16 15 15 11 7 4 4 13 14 23 15 13 44 2 2 17 7 S ? ro O U> ------- TAK.S III-Z-A SOTICI?AL VASTES - PE-rtT DATA (Continued) TTou3ton SMT* Ci.ir.ncl •cTnl: f i * m >* "— ' 4 * '••*•* Fn * *^i ^ \ _L3L^.£4*, e^ v^-i'ic* V-'t **^? J :^rft« e?.. «:? ST* i:*5l r.iv tt -'"J*"i. t*il.T**« 15JV5 :;s^ *f Mt;*flii tist yi»:»ttt l.'Sv} ili? sf i.>yt«vB « Teal a.ty tt Cettsttn. tasitta Oaks 10J3C r^Ksl C. T»ar.5 19333 -irr ct Sc^A E^stea IfilST TaSrllia Vaier Co. 13136 -aci=a Cirr 1^93 -^rrli Co. *VS3 f* 1518* •jrzis Cc. rr33 fTa 10137 r=r-^ ro. ^ #=L 13153 r.v-,x -^^enlrj Tieat 1CI35 Cut. Tall 9i o; P: 5* CJ B? 01 01 Cl 01 d 91 01 •** flev Permit Aver. 9. IPS 9.390 5!j69 o!:49 1.6C9 3.1C3 1.000 0.058 1.124 0.14} 1.130 0.061 0.130 O.B39 l.SCC 0.010 0.130 9.131 9l4!9 o!l41 i.353 5.5SS 0.10) 0.013 1.714 0.179 1.014 0.032 0.058 0.634 1.C77 S03 *emit Avar. 18 49 430 53 117 W7 350 147 16 294 41 209 10 20 1*2 1S7 to 36 1J 364 66 38 107 637 26 0 747 23 28 6 20 17S IK Su«;> Solid* !iem*iV""Vve>Y IB 40 450 M A S.,",. 53 147 6'.9 S.R. 16 2C4 41 209 10 20 142 167 1 2« 23 473 35 S5& 21 6 1273 37 37 4 26 333 133 Chlorine -,_(,-."2U__ s/- fer-iit Avur. Pnrofeterti in VJcljitlon aamcd 1.0 1.0 1.0 1.0 K.P.. H.R. 1.9 1.0 X.K. 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.5 1.0 1.1 21. Tlcv, Sues SoUia 143 1.4 - 1 1.0 - 2 2.6 rieu, BOB. Si'iv SolliU 2.3 Mov. SUIB f.-Xt-.1- 31 2.0 - 8 0.5 Chlorine Ruidiwl 1.8 IOD, Sum Solids 20 1.3 1.3 1.8 1.3 Suip mllds o 1.6 KiO, Snap Solids 6 l.« now 2C - ------- TA5LE 1H-2/-A *TO' 1^5U ^I^tten'ip''"'> f.»t« ft*- Ut? c 1 ?»««•» ri i99S3 t5 tit? «? *»*ii*S4 « Tstil fe»i» ****»*& 1«« SI ssj^i* b*«y ves *ss iscxi 01 &rri« 4e*siy tCS3 f3t t?u3 Cl SS»rw*£ Wtt SU1. fat. 1M» ?X ae. nru« -at« ^^ ios£* 01 rsrslsaci ^.7J. 10408 Cl Sera£?i. S«3. Car?. 10610 01 Eirna Ce. ^S3 f*5 125*3 01 2srri» Co. CCI3 ?Tt 136rj 01 Earrli Cs. 5VS3 «S 1B65S 01 Cl=r cJ --=r^ Tillage 1C5ZO 01 H-C3) tlb'/ri-v) Sue* Solids k'er?!!! Aver. Pemit Avor. 1'owilt .\VfT, 3.0(0 4.CJ5 13. MO o.rw 0.330 0.400 0.500 1-JOO C.100 0.330 0.050 0.052 0.730 0.103 O.OG6 1.104 1.4(3 4.HB 6.344 0.476 O.C5G 0.2SS 1.04B O.C54 0.2*3 0.123 C.253 0.255 0.047 3.140 300 334 ::«o 117 33 67 83 250 17 7 7 125 17 11 137 55? 1012 (.3 :s 2 44 45 31 13 12 137 5 15 334 Si63 117 32 «: 33 253 17 58 7 9 125 17 11 Ml 404 ?s: 413 12SO 49 95 2 74 320 U 11 18 US 13 16 Chlorine (•"••O By- rer^:: 1.0 1.0 1.3 1.9 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 Aver. Pnrcncters In Violation ras: 1.4 - 2' 1.7 J:S : • I? 0.9 Chlortno Cenidiul • 1 1.05 flmt, 30D, Susp Solids < 1.6 1.7 1.8 Sun Selldi 1.7 30D 1.5 SUSP Solids = 0.7 Flov, BOD, Susp Solids, Chlorine Residufl 1.2 Flov, BOD, Susp Solids 1.03 £03, SUSD Solids ro 0 1.8 - >J1 1.0 BOD, Susp Solids ------- TAS'-I irt-2-A TSS - ?CS::T VTA Ilsussen SUtr Cwwsei 'fT~' C\s?« f=£> , 7ai; rer-t; Aver. "«r^t^ A»or, ; tli? *t ?*MiS JUt flit* r^-is £s. xt^ f« ^«- fcffWeaiS SISi. t^»ii c~. Tit? ?;; — e£ "^ ^ *=* ft. ^ OS "*i— !"iii i^p*. _^s*» Cicis^ci F^2^c Zsc* -rk=r r=?. 3i«. -sy - =-!«= 3tek Cilj- c£ Calc=3 ?=rk - Total writ t-jriT icrja 1C70? ierr» 17300 1330? 12812 10:1? 1C331 51 Cl 01 11 11 51 31 01 01 Cl 31 01 02 9.Q1S 6.559 9.7S9 O.JH s.:co C.73C C.103 C.6CO 0.200 1.3JO 1.000 0.730 C.7CO 0.100 O.COO 3.C7i O.MJ C.1J5 C.34-; C.104 S.M1 O.C40 0.313 C.240 0.1S9 0.113 0.354 0.349 0.045 0.304 2 S3 96 94 S3 117 17 100 33 23? 167 125 1* 7 17 13* 73 69 41 7* 5 :i 6 23 24 7 35 53 60 ».VJ>y)_ ^ar^t* Avep. 2 S) 74 23 117 17 1C3 33 25? 157 125 117 17 134 7 13 33 27 10 45 S 45 23 8 40 110 15 135 Chlorine F'r-,it f-vr. Prranctcru in Violation pnnse- 1.0 1.3 1.0 i.e 1.0 1.0 1.3 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.3 1.0 riev, COD. Sutp Solid* l.S 2.0 Kw, BOS 2.6 BPD, Suss Solids 0.3 Chlorine Rciliual 2.0 2.3 1.6 2.2 - . 1.8 Flov l.G 1.6 1.8 1.9 Suip Solids ro 1.7 - 0 cr\ k ------- TABLE II1^2-A !SX»CtTAI. «ASTES » fSS'.lt DATA (Continued) Houstpn Shi? ?m±t Oat- Flrv (lb/c!av) X3=e J-3. Pnll ?mit Aver. Permit . H,m* .ver. 15 2 1 9 1 G i 5 9 15 7 2 1 5 >1 Sun Solids People Aver. s: 30 50 209 67 67 4 47 34 1C 30 6 3 S.R. S.R. >1 U - 1 12 1 12 1 10 28 A 15 3 7 1 2 >1 Chlorine Rentduel Dft/9 Cnnn) By- Tc r^it 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 S.R. 1.0 1.0 1.0 1.0 s.s. S.H. S.R. Aver. rareneeem In Violation •ass ft i.B 2.4 3.8 1.6 1.7 1.9 1.2 2.1 0 1.2 1.9 2.0 2.9 Flov, Sun Solids 1.2 - ro o 0 Flov ^ 4.1 ------- TWLE II1-2-A m:ici?AL WASTES - ?rvTT PATA (Continued) Houston Shit* Chenr.ei Flov Dr<3 Ju3? Solids "csicujil Beys ?«mit Put- (xrr) Clb/£;v> Cl'j/ij^v) (png) 3y- r^.-* !-o. F^ll Pgr-2.' Avor, r-^r^it AVjivT rer^iV .'.vcrV rV^lr' .*vgr. Pnrayietcra in Violation geflflc =>-i-» irr>. ci^is ci c.:?i O,:AO >; 33 >i &: i.o 1,5 riov, SOD, suap Soiiia N,'., •« ft ------- TABLE III-2-B IKOtSTRZAL VASTS - PEWIT Houston Shi? Channel Pemir ICarts N'n . Te=rs=» Cv-r\l=als , Inc. OOD03 ;^.---^-\4 *.v--rec'^ !^".f3T WJ*J -li^-*-'* fX-i-T^O; Cif, JPJ-5 r;^-a 5oi^<-^ ;<>;•-. s«;s ?;*•*?.£ ?Via-fo«'4 C!>??. - Tr!«l su-,-: r~=wrt £•;-., VI^Q ^V^ilW tC-f. KJ*? ~.J. eyt^ tu. 1-0353 S.L-. ey?s^ te, ce;s; ^., _^L »--.— »%,•*•» f>*»l*l" yt*PT?n **53 *-C r~*i3 w M J J 4 SI=e^ir r^rccic^eal.. lac. CC331 _..-_.., —^j-cii fc. M3?5 ,V^l^r.til Slcl-.fiilS to. CI35I :-:l=it:ts SLt^fieli Cs. C3I;: "x^r-nTe rtc:-K^I: ct! Sc:i: A-'-it c r.i-"-fi»ii co. ss'ij; «li.itjr -icJ5i«tli: &. OU35Z -Vr^=Tic rieaSI^d to. - Total •Vt- 2i L'l t'3 (V. 35 5 5* 61 85 c: . 01 91 rt* c: Cj 04 15 ££. 13 3 riov ^P.-^"3^ l.OCO ?!'?'? A"* 0**0 0 C«50 4. MO it?.:); 0.15S 9. 531 O.SW O.JS& i.:ct 0.036 S.640 l.UO 6.1?: i.::^ "xrti7 n ,*^« ::.?.. s.rcsi' Aver. 0.640 73!5i; K,C57 9.213 :.54» i:*.43.i 0.147 Q.UM o.:t: 0.0:4 0 *46 O.'JS'j 1.762 1.187 5.51? 3.6:5 0 .Ctl 1.370 n its 0.122 15.63: KID (lii/day) 834 *-\t 63'' 175;* 103 C30 JJ457 :6 i 417 3A74 3351 1105 501 64J5 IE 39 N.st±/ 2. . s:?: 933SC/ :oo "78 3274 " 63 :wt 9147 3 17 li:i 4 U2J 6 ',031 697 6241 S133 6 779 19 746 23 17244 S^T.' Rel OS/da; ?erni t 59M 6338 81732 J5328 ji,; 4003 K70O 40 0 417 :?97 3214 1553 516,. S.7.— 321 K.sV 5. , S.R.- S.?. lOJli' ^r«. 334 I7:s 10G32 49 1596 40353 47 1 623 <1 6*S 26 402 947 4373 3661 22 ss: 716 744 12JIO C03 (lb/d« Teratt 1335 12:5:1 70350 16: 0 12010 2110*4 132 3 166S 8344 10"' 2 363 4437 ;;>Rii/ S.R. S.R. K.R. K.R. Ti.K. S.K. iy) Aver. VatfftfT* In Violation 937 &9i3 TlQVt COD 62333 27601 - ' 146 14094 BOD. COD 109592 29 Kusr Solid* 27 rieu, !WD, Sutn Solids. COD 3529 BOD, Siinp Solid*. COD IS 3544 70 Flou 2521 Z706 • Suso Solids IOE61 BCD' I3Z19 Flow. SOD, Sum Soli » 32 Fiov, Susn Solld6 ~.. 5192 - o --1 207 Flov, HOD, Susr> Solids ^Q ^ 3« - ,o s;s5: ------- TA3LE III-2-3 ISBS.-ST3IK. VASTES - ?nt:?T DATA (Continued) :^>us;cn S".iii> Chancel !lT-^ Sinclair C-3~*-er* Ciente*! Co, E>eU C-^=ic.l C». &sii c- c,. ?•• * ; > ?.-5 7 •>> -' i T' so1 f-t •; CQ *'. ^ £ c? 5-4 e u. S:*ll fii to. - *«! T«MW. iit. t«*iw. lii. Tssitfr. Jsi. t«±K-. tiS. T«=«. fce. - Total d?ck ?alat. £ t^r^ls^: Ce. ?«r..-^t C«=iciL Cor?. m-5 s Siu cc. !s::rt & r^ij Ce. «»3 01 CMC; si 00403 Ci ^^-03 33 36,\OJ ?A S^M C6 c?-1.?; c? CSAJ: i'» C:A?I i: c:A03 -3 3 WA:J oi t;.\i3 oj W.13 03 5J413 04 * COtlT 01 C0143 01 KA3S 01 cciss o; Fliv C'ci?) -»y»Tri-- 0,530 C,i50 i.440 « * i.\ T , 1^ • 6.5T6 0.540 O.W6 A, "SI, . ?J,*." 1. 664 9.63^ O.OM o.rcs 0.003 0.03S O.C5S O.OSO o.roo 1.T33 O.C72 Aver . 0,7?3 5,055 0,07? 0 'f11 V , »\1 K C.Ail e.06: o.»o 4, ATI 0.6?1 O.S63 T.M7 0.1?0 0.033 O.S14 0.010 O.MJ 0.241 0.100 2.400 0.135 .rD ^'C'T-^'T >' 459 5087 U3 "4 3 44 1185,, N.™.— 1111 SM?2/ 7 3 3 10 23 s.a.i/ S3 1»*1 43 .VCT ," 1573 3BC8 j4 35 I i: 1084 139 324 ins 1 <1 1 A A 4 6? 20 7GDt 19i SUSK Sc »*_•*'" 413 I5?s: 3on ;AO 10 44 19S2,. N.r,.— 1666 «532/ 13 3 3 20 43 4 5C 5763 2A lid,. ^cno ' AverT 544 10361 77 14 V** 90 4 18 1130 119 377 1D49 3 1 9 4 19 31 12 8273 33 VJ.P/QO T*crt^it 1376 33J7A 430 19; 17 166 11990., S.R.- 6663 »'«" 40 16 16 60 132 N.7..i' 250 loss? 120 ft Aver. 5115 298:8 131 148 133 11 100 4417 720 1192 6S32 12 1 13 S ?: 136 53 26293 339 Pnmnctcra In Violation Flow, EOD, Sesp Solids CQD - * Flov( t^D, COD Flov - - - - _ -. Flov( Susp Solids - rio-J, StlI7 Solids - Flew, BOD. Susn Solids, C02 rlov, 303, SUET> Solids, CDD Co. - Total ------- TABLE III-2-B 1KBUSTR1AL VAS7ES - PnCSt DATA (Continued) Snip Chcanel v-~*» z. r. =^ Eirria I^anty SVES (63 rariei= C,, I^vyi Cor?, Arrsf Si«l CPJ?. A*-« Steei C»r?. Ar-e* *t««V Cet*. *«• SMei <*-' - ^ b«*«, Tt« 1 aUtt Co. ~.S. tail*!'- C^rlesl Co. -•*• ^^-e-^co.-r. Car-^r attoasieul Ml Co. Pcrnit "o. C347A 33*77 C9«5 C043: OM5J 0350? 0355? W58-? cos;? M53? OC320 03334 !Ul M531 Qut- r.-vil 01 01 =1 91 01 9} 3 o; 05 03 0? U s o; 01 oz : 01 Flov Perrv.r s.acc 0.170 0.2J5 3,659 A. 750 3.93 16.430 0.720 4. El? 35.0-0 0.7:3 l!o59 44.525 2.530 0.970 -3.430 1.333 2.103 SOD (Ib/ci.iv) Aver. 5.400 0,130 3,3:0 3,510 4,519 3.133 16.120 0.730 1.93U 33.533 9.603 40.243 2.310 0.370 C.1W 1.1:0 1.233 Ferric 3336 :? 94 67?:l/ 675:-' 60 1001 430 0226 1251 13 143 131 •J31 Aver. 3Q33 :o 11 5135 js: 37: 5830 22 37 17S3 i-2 236: 113 4S40 416 84 81 165 nca SUIT- Solids (la/d.rv) ?crr.lc 333S :a 1*1 U351/ 1335^' 360 4003 10210 60t> 2160 901 18243 136* 525 213 743 1331 Avci . K2! 64 6 1*55 3723 7137 333 7363 579 is?: 10738 661 219 115 334 513 COD Pcrait 13344 279 563 & N'ls.i' 300 9007 437S5 wo: 067* 430 64C13 3123 751 717 146S 7206 Aver. Pararjcters in Violacicii 7774 30D 103 Su-ip Solids 27 776S Susri Solids 3822 6479 Flow 13919 156 new 254 2424 360 7731 BOD C52 FLM.', Su«? Solids. COD 33S67 5792 Flov, COD 383 Tlov 209 592 - !« "~^ t |— 1 ( 1 3323 mn ------- TABLE III-2-B Houston Shir a-.nr.nel Mm ::o. Smuffir Ci — ' -n'. Co. IOI41 Sjnuffer Chc-dcel Co. - Total C*l3",s=e ?la':ief Co. 00244 .'Xilsr.i O,e-iesl Co. 5J34? Crcvi Ce-itrsl r«t?l«g"> Cor?. C3574 I»vn. Ctsttal retwlslin Cur?. - Total i<«e Star Select Crr?. C3SSO Lrne "tsr Ctr.iRi Corr. 735SO i«* 5t« C«nt Ccrr. - 7,^ rctm 7c-c ^c=i:=l Ccir- MJ37 T=::TT Ten CiEr-Cczl Orrr. 0:5S7 Tctr? Tir Clerical Corp. - Total Out- Till 01 o: 2 Cl 3i o: " Cl *> 01 o: C3 3 rlov E03 Tor-it 1.130 O.UAJ 1.173 1.000 0.4:3 1.3:0 4.003 O.IK4 4.CU 0.0033 0.133 0.151 1.030 O.Z5S C.SC3 S.150 Aver, 0.6C-0 0.031 0,69: 1.3CO 0.338 0.5SO l.'jOO 0.475 2.07S O.C014 O.C'.O 0.041 a. 332 4.410 ff.X-5 5.120 Petr.it 1S3 176 16T 33 57C 4170 3071 13 13 2C9 5213 263 36B5 Aver. 48 1 40 216 IB 263 ~337 3324 ------- TASI.S .IAL VASTES - ?r?:!IT 2ATA. {Continued) "cvstcr. Shlyi Cianr.al Terr-it 0-.it- S^.T? Ch=-i:ii Cs. 03513 51 ?-r;?=i=i= 1 Attics Viv- C3535 01 iv!»Ti»i SW. CBU9 H V.I. ?iy^=; - CM-isn T»t*r ?9i»0 51 ;;^Va-.hi«»« Se-.tMl Cerr. KM5 Cl ^i-,3-^s;.;;i«s f-vs-Uai Cer>. "Wi" C5 fii*Xpiii.it*6n ftwttit C«T-, t?'^5 5? ftlils e^ S*^^, fe. M«9 Cl ^»\i fa. CC4C3 01 A.~. S^;!i Cat?, ft TBM» K47I 01 Fene-i S Eertrr. :ae. i:633 11 &rti= t Sirt— .. t=t. 57332 Cl •r^lUI?. rEtrul= &. C0075 01 .^^Ci-al^. OOT.1 Cl •Ti5-ie=i c.Tr:>c^-- ?r3c. Co. cor;o 31 Fir.- Ternit 0,725 1.050 44,000 ,B O.C40 3.5:0 0.850 0.005 c.oo: 0.100 0.0:0 0.144 Aver <-b, Perr.i; 0,133 153 1.073 3V, 0. 39. 1C. o! 1C. 0. 0. 0. 0. 1. /> V* 0. 533 as* CSS 183-',3 500 651 UtO 153 ??o no* 733 «1 1U3 HJS »iO 7 839 242 330 335 163 S.-J-/ ICO 1 169 : 053 2 0.031 110 I) Sus- Solids •^.iv) (Ib/dev) .*.vcr, Terr-it 79 4?,: 196* 334 :«6fO 36696 s'-r,.^-' 300: x.r.. ii7 ;;.-. 55:1 V " 34 9455 9 3 091 339 89 425 s.r..i' S.R.4/ 1 3 3 1 G 3 <1 10 120 Aver. 11 16S1 47600 6305 0122 32 B'.i 15837 9 055 131 40 153 15 6 «1 9 cou (ll>/da»> Ferric 5E'. 2103 3336 146704 6603 1961 C282 3i 244 17129 67 567 1418 S.X.i' S.?..i7 13 11 «I iSO Aver. Z31 831 6S70 101500 J.R. s.r,. 27 1734 710 S.R.i7 H.R.I' 1G 3 13 25 Pareseters in Violation rio« SOD. SUSP Tlcw SUSP riov Flow Flov Flov Flov Flov Flov - S------- HCYSTT.IA!. '?AS7tS - ?E?:™T ?ATA (Continued) custon Shi? Channel r~^e ,„.. ,.;,„.. r, ,,e ?ir'-iT :*-3Vi5Ts Co., Inc. -* ^'^i- C«. V'-i« Cc- £-*" *@ t *_l5"(^ Cf^cwt 1 pi ^ ^yArJye «J **£ f *^C t ?•**•:•* r«i«.««-i.e*i Cf. v— 12 i'-^* S. --•-* -*1 &' '^t&1 r:«ii- .\--llsiicas. tae. ?er-.it Pu-^ ?"o. Till 01^7 3- :?53S 01 ?;:;? 5; c:;:: ci s:r;.i c; 31554 5V SV.4} Cl C15i& 33 t'lcio :s 3 C--.3 - Flos' re—;: " 00' 0,5=0, P.?:J: O.ISO O.C31 0.111 0.150 0.104 c.oi: 0.115 0.0:3 /ver. P.C31 0.0?1 9,011 o,=:o 0.031 O.C67 o.iro 0.104 o.c?: 0.2C7 0.457 0.071 0.971 Q 110 2CC ?arr?it Aver. S.i,1-' -:.r..A/ •1 i 31 3 13 13 53 V It3i' G7 liiijs 'PV) Avfr. ------- Houston Shi? Channel remit Tcri "r . .'-.chor £r=:-.i-^ Cltus Ccr,-. 01Z72 Ynisn Carbide Chenical Co. 0X^73 -a-^m r«tite Co. CllSi) •,-,V«T* vet?u o. :u:i J>i;tV:;c "i^cala, Tne. 5ilf» yhj-whi-s :>--4c;jLis, Inc. OUfi j^.., &«-.i«i». :,*. - T«SI ?rU* !?*ts%r* C"*?. C9». Sill? « r^UtS ?iL-t r» :^t»to - ftt-i T,^, ^t^ffit,. :«. 01^5 ST-^tirc*; a-r^ital 4 riestles 0121? =r=r--i "-r^~ Cer=. C1ZS3 £c~i:-r= r?ttrevcrieBl Cor?. C131C ffut- 01 01 Cl *•« 03 ; fl 01 2 01 01 51 01 {Sb} (15/iav) rcrr-.i; 0.144 0.011 C.J1,} 0,350 0.0:5 0.4}} O.S54 C.C1B o.ic: 0.14? 0.640 0.104 0.030 0.043 0.030 Aver, 0.173 0.13V 0.033 1.6T5 o.r.o 0.«9 O.WJ C.l'3B 0.157 0.3S7 0.420 O.C05 0.120 O.OC-7 0.140 ?(*rr.lT 5 * 3 *40 195 1 G 13 107 <1 43 £ 25 Avci, 55 10 2 4 10 1 11 : SIS ::7 37 1 •5 11 17 Susp Solid.1) (Ib/dav) Pcmic 5 60 : 5 * 8 213 •I 3 13 107 1 135 4 Aver . 47 34 ! 1034 87 t 91 3 13 5 18 60 1 18 14 37 CPU (IWdmO "err.it 47 120 IS 25 1501 3JG 1897 7 20 33 53 1074 2 450 IS 100 Aver. 235 82 6 14 39' 5 46 8 9 370 379 151 2 17 143 29 Parameters in Violncien Flou, SCO. SUSP Solids, COD BOD, Sus; Solids Flov. 303, Susp Solids - riov, £03, Susp Solids, COD Flov, Susp Solids Flcv, BOB, COO - - riov, BOS, Susp Solids, CCS - riov, BID, Sus? Solids, CC2 ro , Flou, SUSP Solids i--1 t ------- TAILE III-I-C Calve* MR Bay e,ic; All Pt'.icr Arras Chlorine 5?? Su«.p Solids P-egi^uAl 2c nF^VJ^^.'.VeVT^ ?'cjFV/t" ~ ' '.WfVT Permit Aver* Parameters in Violation "ar ".-V i«,"~7.s.i/ iss s.r..y 1.1 iji-1.? si ;.;?? p,R.\» 147 5? !(•: K i.o 1.1 1W « i.050 e.i!3 167 C l*J 13 1.0 1.1 \ym K 0,555 e,:'j3 *: : 4; j 0.5 1.7 t.>s«* A«t;', iys5* s; :.is; 1.55? ;?i « }?:• i«; :.o 1,7 irtJl Cl C.'jSS P.')'.5 Itj 1 105 1 1.0 1.4 t tse. IW7A CV C.CA5 0.731 3 11 S 37 O.S 0.9 Flov, LOO. Sus? Solids IWS'j tl C.750 0.7A5 115 30 1J? 133 1.0 ,. 0.2 SUSP Solids, Chlorine a IM;-I :: s.c:-3 c.??3 7 is 7 76 ::.?..•=•' 1.3 riov. BOD. SUSP solids r?r: :-r* - T~-_»I : C.EK 0.313 132 ?s 13; :n 1717! 01 o.C70 c.:ai it rr 12 v> i.o i.s riov. MD, SUSP sciidi —ry c; rr;p-I---T3-- 1I17J G: 0.73C C.:35 123 23 123 23 1.0 1.7 CIV ef rri7-irvrt4 - "otcl 2 C.G20 O.A37 137 3i 137 34 175S3 01 C.2SO A.?I7 60 UC4 00 43B5 1.0 1.2 riov, BOD, Sasp Solids 13*53 C2 C.:57 C.?«5 «fl 420 63 343 1.0 1.C3 Flo---. LC3, Sus? Solids 17'ii ^3 C.C55 O.C-32 3 i S 9 0.3 1.7 Susp Solids 3 n.770 3.533 123 1C33 12S 51AO ------- VASTtS •. PETTTIT DATA (Continued) C-ilvesEoq 2jy =ind All Other Area? *T«tt ***•*_.(««• ft IU..M . ^ tf*f*^n ^^aY^U^r- n ' K*J •• i^V^y ftsi»4*tn CSc '"13 t 1C174 r*i*«m fe. «ts «« cev« i:SJ4 •i^i. ».. dwceCa :.S. \Vi$Si~l* Or. :-t2 ^JJ. =1 X«« «K3 =^ls to. --—3 ?-S ISI',6 ttit tr s:t-«< IKS? -troiit r^. 1-5?; "t? el la r^t^r- ItilO lar:r-. rttl. To. 1C576 S.^: "^r..- - B» *-. p Cut- 01 ct 01 71 C3 Cl Cl Cl Cl Cl riev 53? (!K3) (Ib/iBv) olhi l.JfO C.9AO S.1S5 O.JM 9.JOO o.uo C.3IO 0.07B 1.530 0.070 0.070 1.510 3.130 1.650 0.993 O.C13 P. 134 0.«9 C.CK 0.271 o.oso o.«: O.C31 1.S53 0.05? O.OA4 C.763 0.399 1.162 !03 203 71 7 25 33 S3 25 50 i: 317 12 o 25C 23 273 137 53 17 222 1 IS 6 22 *l Z02 7 20 22Z 24: Suan Solids :oo 83 283 7 » S3 S3 25 50 1Z 355 12 12 2501/ 250 194 19 243 22 10 2(2 3 20 10 19 <1 333 17 4 84 262 346 Chlorine (T.PTO as* 1.0 x.n.i' 1.0 1.0 1.0 1.0 C.5 1.0 1.0 0.5 1.0 1.0 T 1 3 0 2 1 2 1 0 4 1 1 1 By- .7-3 .« DCD 0 .i .8 Flov. BOD, Suon Solidi .0 Flov, BOO, SUITI Solids .5 .2 .8 .9 .5 .4 .7 .7 rie», BOD 23 56 ro r* r* i N c ------- 7A3LS III-2-C v*-«- *i» *?ti«ie .*ir. stss. tliY et IwiwtX. r.-eli 511 tc-. tiff -!" Sistes Acre* tit*- ;t 7»3L=-- City 7/ltr-i n. Ui? c£ 7e=* Ciii ?llai f: City c5 7?w Clt? - Total =«« =„.. ^ ttr^ctt^s "irr^L Ctzricr^ CP. *"3 ?1 "O-"1^" Co-fc v **^ •^L-jg^,, EC. VK3 fl ??rr-,U Ou?« So. ?»11 5??:6 Oi it:?: ei 1:471 K it:;i ci 1I7I5 Cl 1E3T5 PI 1:375 C2 1 10957 Cl ITSIS (T 1C4C3 01 icsar 01 15357 Cl t merv '**"*i^ 1.SJ5 o.i:r s.ses Q.C71 C.I34 5.CC? 1.6C3 S.6CO 0.072 _ ^l/ 0.033 C.5CO 0.3C3 '" c;vv. .*.v>™ o.?:? p.e?5 e.s:: 9.051 0.223 3.:;; S.J45 4.3C4 O.C49 0.223 3.063 0.277 0.325 S-? (lb/Js»') ?«ii='-.t Aver. sis :o » '• ^ * *t *-? > *j ss :c :i 3 417 17 «1 1 3? 40 S54 6C3 «D3 371 1234 £24 12 21 *.?..-' 5 6 16 33 13 33 2 her Areas Jvsi Solid* (Ib/d VTMI ::! '33 :;o :i 417 <1 39 834 4C3 1234 12 ::.i -' s S3 30 a»v,-'-=_— A'.'CT, 72 / » "1 s: 6 3? 10 39 556 635 1541 33 22 43 SO 1 C.lioF ("•>r Tcrri: 1.0 K.R.* 1.0 1.0 1.0 1.0 1.0 1.0 1.3 S2-1/ „ X.H.— s.o 5.3 ir.e } «y~ Aver. ?i>rncieterii in Violotien raTiir 2.2 Or) w > J 0.4 1.9 1.5 3.3 EOS, Susp Solids 2.2 BOD 1.4 - 22 1.2 - 13 35 1.2 BOD, Snip Solids 4 1.7 - 24 ro 1.1 Flov, 303, Suso Solids I-1 X s.s - ; t- 2,4 Chlorine Residual ^ ------- TAT15 IJI-2-C yCXICITAL VASTCS - ?CT,"IT WTA (Continued) P^lves*pn Ttey and AA1 Cther ArPr.s Chlorine flow 303 Swap Solids Residual ?CT^it !Sut- CT?) (li/dlvO (U'/Cnv) (noiO T;*.*S N*>, ^-i, rer"^r -*.v(»r. PPT^H Ave?. J'pr-iE Aver, Per'si; Aver. Perfl"5ctcra in llolaeion ;i*_o ?? To-^?i; ;oui* e\ ?.:i; 5.1:5 35 os JJ 17& s:.r.. 5.0 ricv, BOD. sun? Soiii* s-i«—?^.j ;:-.». vstt. 3t«. i?5i5 ;: :.;rs o.:t? 3;^ *: 334 34 i.o 2.7 'A.51..» e^M^i fel K5T5 ei 5.:r? 0.105 if.r-.i' s ;f.r,.^ «9 s.n.i' o.o ^^^•y u;-i 4 -f«f fr. ji?t* ;; o.«i ?.o:i: -.t? t3?<* ;<•. c???? si J.82: e.oi? S.R.-' 33 N.r,.i' 3 s.-i.i' 6.0 Cay 1 1 ro ------- TAT.LE in-2-D 1MSTB - PH^rtT DATA Galvcston Bay £na A^J. ^chcr Arena PcrniC Cnt- ~?-?. la, F=ll .'--z* CM=.-ir-,l Csr^. 31333 SI -V-?C3 ---^cil Ccr^. 0?451 51 .«,« &^:«i Corn. MM? 01 .^Ti^ c-u co. ee.i4j e; AW^«,». To?si* S S.WM re W*! Ct (T>«-.,^n C-^1«S 61119 C: f-v1 >--. 7iiH c; ;4«isl Sijw ie'. t^t- ti ***** **«* ce- - *^ : ft^a^eitte. C0593 01 :i-.er?l Ptl r.efl=lti". CI377 Cl recssasa C-.eiietl Ce. C^5S1 Cl ~a-=--.- C-K^leal Cr. r3S7j C2 r.:r C;^-:czl C?. Kj71 S3 ^JT .S.T^ .3 *.^^,. -_.-.C-i. — C » V .» ' J ku Flw PCTTllt 1,400 0,373 3.096 1J.C50 o.oo: 0.144 8.339 e.ew 11.090 i:.o5s 1.350 9. ISO J.53B 23.239 15.0?? C-I.7CO r !) Aver . 0,233 0,255 0.7P7 i4.6Ji 0.004 9.071 0.3?? 0.057 10 .ITS 10.::? i.ao C.129 4.32B 53.33- 13. :c: 0.6,5 Clb/ fcrr.ii 234 15* 1!S1 J64J S.S.^/ 24 i;a J59 SOU 450 M 726 ".R. S.5. >D Suap 'ix~) ()!•/ "Aver. ?efaU' S 467 46 J16 195 17J1 13327 3696 «1 N.R.i' 14 24 334 1J8 1926 0207 IKE £207 612 450 117 35 317 S.n.i' 23314 ::.R. 230 K.-l. 765 S.3. 129 JI R Sofiijs da») *Av'er. AS 103 J9J 4215 1 13 78 17 7341 393 JS ISM 3397 2C-4A 13C-73 2C-3 COD Clb/d Permit Z335 617 5004 V.-R.i' K.R.i' S6 634 K.R.^ 3096 230 s.a.y s.a. s.s. s.?.. Aver. P£rnrctcr» In Violation 74 238 644 22023 Flov, BOD, SuSp. Solloi 3 Flow 84 833 Flow, BOD, COD 7 JOB, Fltw. Suap Solids 4838 £OD 4893 2364 HOD, Susp Solids 246 BOD 3786 Flow*^ 45084 Tlcv- ,_, 910 - -V « 6?23 - ro 7 513 ° S ^rsrr-.ro lirric^l o». - TotaZ 6 1C".730 1C1.P33 14151 21SSI 48433 ------- TAS1* III-2-D ?cr-.i- Our- ?« .*„!«, ?B=. *=,. K:S7 Cl -,13-v I-.ri £1 Cric-le? "Tii? Cl -, 3-- :--rs ra r,^f.":-t ":-i.--j o; -. 5- ivr-i .:; C ;-;es W-S BJ ; ?.i ?-.;j :'» C-i-Uf ';•:*••.,; J-'. - 5. ;1?i ^ C-,«;,.j QXA.1 ?5 -• -> ;.-; ;c ;::i--U» ravj ii MSI t'tiits ttm-^icst - Tftal 7 Vii r-T~T -I^. vl~^5 C-J Vih C-^r.; C=rr. - Tc^l : G-iir m o» ciccc 01 i:l=eri^ i ?ir-o. tK. S1333 31 Tyn..^TpT ^T ,,1^*7.^ ^ py^tyr,^. ^%^T> Galvcrtor. T*y ar.d /vll Olher Flcv S7D (>ST>) (lb/dav i'cr^li Aver. Pcr-=,i- Aver. C,4?0 0.461 67 J5C. 0,5^0 B,;i3 7 73 0,Q',3 D.ICD N.^.A' }4 :,*4? LOS? :?o 30: N.",.^ J5/.37 S,!\,l' 47233 :.r.. t>.y;« ;;.;:. 5 :'.?.! o'.S^i s'.f,'. 15:1 1* ,-*53 •*C203 oii-K1 o'.3-l3 S.?..- AD c.iiD s.si:- w l.S'-.O 1.145 173 115 e!:^ e.rto ;? i? (Cowt*nued) Areas Susp Solids (ib/d^-) 67 3 S'.l.i' 60 s.r..i7 i .. . i/ v'-'i/ 174 1 111 Aver. 3 237 3764 273 330 13 19 7 75? 52M 171 S3 176 157 40 COD !"«mi5 Aver. 1334 729 23 2?7 S.R.i' 40 llOO 1529 X.R.i' 590B2 K.R. 87 ::.n. 670 ::.n. 33 K.R. 56 :;.?,. 5: ::.n. 3232 103:12 r:.,,y 75 r.R.i' 80 155 1735 634 3 113 317 33 Pr.rji=e«rs in Violation Flou, SnD , Su$?> Solids SOD, COD Flov SOD, Susp Solids, COD Flov Flov rlov, Susp Solids Flov, B03, SUET. Solids, COD ro ro 129 307 ------- TA3L2 IIT-2.3 i:35STSi,u, VASTS - rnsr-ZT PATA (Conttr.uei) C-Tivrsten Hay ami AJL1 Ctt"-cr /?PRB «..•-.-- "" ' an?*"*^: Sifisr'snijRii COD P=r-ric Out, 'I'SL^-,- (l!./^.v)_ _v»'g, ?er^i"t" AvryT "TegWft''' Xvc'r. Teratt Aver. Pnranetera In VielaElon in? ?;?5i Ci S.r.V 3.5?0 K.H.^ 3:3 I.'.,*,.*-' 5S7 JI.H.i' 131'. ;•>; C1,'J4 K J.s::8 A.443 J551 375 525* 318 1:012 1011 in'.,-..,. T*-,r,i : j.u;;^ 3.333 isoi^' 703 j:?^' sss i50i2=>/ 24?: !>; ?------- 22? 111-26 The largest waste dischargers to the Houston Ship (Channel nru listed in Table 1II-3. These 12 sources discharge n containing 94,198 pounds per day of five-day B.O.D.; day of suspended solids and 380,170 pounds per day of of the two municipal sources. These figures compare penult totals of 466.5 MCD; 155,199 pounds per day of pounds per day of suspended solids; and 729,354 pound These sources account for 72.5 percent of (he actual charged; 65.5 percent of the B.O.D.; 81.5 poi-ccnt of and 75 percent, of the C.O.I). There ate 112 sources of domestic waste permltlc Houston Ship Channel amount ioig to 157 HGD. Of this t 33 percent, arc in violation of B.O.D. pernit rcquircm 42 percent, arc in violation of suspended colitis perm seven so Dices, or 6 percent, do not provide effective required. Municipal wastes account for 31.5 percent < flov to Che Channel; 34.5 percent of the actual B.O.D percent of the suspended solids loud. The City of Hour. l on Korlbsldc and Sims Bayou imm to discharge to the al, 37 sources or ts; 47 sources, or requirements; and isinfcction as the actual vastc load; and 29.8 Ipal wnntc treat- non-compliance with 90 pounds per day of B.O.D. (2ft percrol trieaHer than ptT)i(llcd); and 01,452 poundu per day of BuBppn'Ifrf ««>1 l»f» (258 jw-rcfnl gi-f.il cr tlntn prrmitted) . Furthermore. neither of those effluents., accaantln^ for 55.5 percent of the domentlc wn.ntc flow, WIDIT r^ceivlnv;, icfffcilvt- dlnlnfcct Jon thrniij;li July 1971. Although a form of chlorBin,iiH«™ vn* inlla\\i'A 01 tile HorUifll^e Plnnt HI June !l>71» ilir fty*iir.ni fcflfj not l»«-pi'i «pc>rnt itifi for inucli of the tllnw mcnt plants d{r. charge ff fluent which Is in permit rcqul ircmc-nts. 7liesc lw> plants ncfnunt for 39 Lai of 360.7 MGR 7,223 pounds per .O.D., exclusive cli respective .O.D.; 290,908 per day at C.0.11. file flow dis- e suspended solids; ------- TABLE III-3 LARGEST HASTE DISCHARGERS - HOUSTON SHIP CHANNEL FLOW Scarce Industrial Sources "thy! JerppratiPT, 3t?-,or.a svwoek CprporaUen Shell CJwsisal Ccsspar.y Shell 041 Cra?easr r^fen er«£ Iteea Cor?oreeion A?^ce Siesl C»r?orasien ".S. Flyv«e£ -Chan? ten Taper tl-.s-.blfc Oil and Rcltnia? Co. Oils Cerporatiea SccrhiaaJ Paper Co=?any 5-lr.s 3ayou (City of Eouscon) Scrthsids (Ottr oJ Eoastoa) Totals Oto^icipal Only) Perr;. 16.4 149.3 6.1 9.9 1.8 A4.9 44.0 2S.O 16.1 50.0 45. 0 55.0 466.5 103.0 Act. 16.1 114.4 6.0 s.o 2.S 35.7 33.6 19.3 1S.1 11.6 39.3 47.3 350.7 37. 2 BOO Pern. fl.R. 35436 5100 2537 1490 7263 13348 10425 1937 41700 229-j. 155199 3094: Act. 5839 9147 3900 1712 7700 4847 14300 4016 S.R. 3141 14334 25262 9419S 39596 S.S. Pern. N.R. 127643 15300 4301 5790 18248 36696 14595 9455 41700 S006 9174 290908 171SO Act. 7157 46538 10400 1846 8300 10738 47600 4307 15936 2349 32153 29299 217223 61452 COD Perm. N.R. 211043 50900 19480 10900 64618 146784 41700 17129 166800 Cl2Res . Cl2Res. 729354 - Act. 18019 109589 29800 6849 26600 33867 101500 13025 N.R. 35921 -0- -0- 3S0170 ro i-TO l values represant treated effluent as delinent; '. re the Conferees. U.S. Plywood-Champion Paper Company statement ------- 22 i III '28 due Co maintenance problems. The Houston Ship Channel is the major source of bacteriological pollution contaminating shellfish harvccti areas in Calveston Bay. Improperly disinfected domestic sewage cffl jento from the Houston Norinside and Sims Bayou plants arc the principal sources of excessive bacteriological contamination in the Houston Ship Channel. Neither of the plants is obtaining the waste removal efficiencies fcjr which they are designed. An accurate inventory of industrial waste discharges to the Hoi SL011 sewerage system is not Available at this time. Mercury is also disahnrf,cd by both the Sims Bayou and Korlhsidc plants, totalling 1.4 pounds p : However, the concentration of mercury In both effluents is Icsc ilia I tliu recommended' guideline of 5 parts per billion. The data \K--vc determined Cram composite samples collected by EPA in Hatch 1971. Measurements mc4c fcy EPA. in I'.ay 1971 indicate that fiuffalo Baylou is covei-cd with sludge from the effluent of tlic Ilortlisidr plnnt, for 7000 feet downstream of the outfall. The depth of thio sludge blanUct van conservatively estimated! sit. six inches. Kliis sludge accounts for Ap- proximately 13 percent of tin? total volirar of oaterllal dredged in |:hc Bayou during May and June 1971, There nre 117 sources, of industrial vaplc to the Illcuinton Ship Channel, amounting to 341.2 MOD. Of this total, Vt sourccn, or 29 percent, arc In violation of B.0.0. rccjutrcmcnls; A3 sources, or 36.7 percent, arc in vlolattnn of niiBprmtrcl nolftf.t rcfinllrciiuc-nKs; anil 73 dourcro, or 19.7 per- cent., arc In vlotnrlori of C'.O.U. rebuiltrf.itifntu. Of the1 major Induntrlnl Bout'crn llfiti'il (T.ililc TJI-J), Iwo, Rrjuui tmA U^ss and I;IIP OHn Cor|iornt (on, nre prencntly In vlol.irtoin tvf (>fif««Hs ov» a pouro'* per dny ban in. ------- The ton industries listed in Tabli- III-3 account for 58 the actual B.O.D. discharged; 83 percent of tin; suspended so percent of the B.O.D. from all industrial sources to the !Iou Channel , The summary of act.ual discharges from the self -rcporlin ing to 144,000 pounds per day of B.O.O. presently being disc Houston Ship Channel, represents a substantial dcrrcn.ic from of 303,000 pounds per day made froin examination of receiving In 1969. This reflects cons i derail I- progress in overall. \.w abatement «s regulated by tlic Texas Hater Quality Hoard. To meet the nnfipEnvn c'isaolvcii oxygen critcrinn of 1.5 in liter (ni['/t) as cs t.itilisln d in orfici.il Slate- 1'cil oral water stnndArd'r. for the- llf.wj -ion Ship , il is gt'in-rn] ly ngrc. rcsccircliti-s, From con5i.icl?r.ition of pertinent data .'iml dcvcl.i applicable ma tirePnt of .dc and 75 un Ship data, oniount- to the !i Limn tee :at'c.-r quality c control und by most icnt of argc-i'l from in voulil all waste sources shnuld not exceed 35,000 pounds per day. represent an overall reduction of about 95 percent from the original untreated w.istc load of the early and inliliilc 1%0's. If addi- tional waste dincIunir^fFij' inriionirlc-s .ire to he Inralcd on tlin Houston Ship Cli.'innr] in I lie future, lite rct\mal cliicii'ticlefi few Id have to lie propcir" tlon.iu-ly UIjihcT to. mjimilatii line Tfi.OOO |ioni>dn pc-r day Hinil.1. An additional 7G pcrri'iit rc'duct Ion fs rctiwlrc*! frwj |«rirf,fnl u/intr diiic-liai-fjrn to iui?rt the 3ri,000 pnuiid.'i pnr ri'ay Ituvll. '1'ily, tlic: oa^otn;; (T.-n1lv< lAitn f.,"jy filudy jr. lo develop llir pro- flnrl r, i.'fli.niil .''.111.1 wc-r:;6iviiy J<» »uc<-l »7,-ili"r qn/illly Hlninlnvdii iti tlie Ship Cli.'innt'T. Ilit* Mirfy, l<» !«• < r-i j'l i I eil in 1973. will doubtlcnn ------- consider various alternatives and combinations of altcrnn quote waste control including physical-chemical treatment tional in-plnnt process control; diversion of effluents f and in-stream aeration. In any case, extraordinary waste cicncles will Lc required of all present and potential wa the Houston Ship Channel if presently established off icia water quality criteria are to be nsel. It Is technically these levels of waste reduction. A firm Implementation E compliance with theje standards should be established. As was stated l«i the Federal report to the Coufercnc is not si satisfactory indicator of the potential effect o of the CalvC'Stcm Bay syslem since ihc loxlrity or growth of many of 'he Industrial wastes emu-ring Galvi'lUon Hay a tends to inhibit exidal Ion of organic tnalc-rinl . This is of petrochemical effluents ilwc »© the lnrj;<* number of com pounds not immediately 6usci"[>t II»Ic to biological. dcf;r<*dnt The chemical oxygen Usurer, from IliC waste cf this problem. llw Bt.O.D.. «dilc-5> arconnl 8 only fo matcrlnt which will l>c oxfl In C'llvc.iCon B;ry. BCCAUUG o( the slww Ai••frraAnlivn of Ihlfl nlntc'l'Jd1» Home of it bercniicTi liirnvpvrnt------- 228 111-31 which is demonstrated by the presence of hydrocarbons in Physical-chemical methods of war.to treatment, In addltioi removal efficiencies for five-day B.O.D., greatly reduce grading organic compounds reflected.by the C.O.D., where; biological methods of treatment remove only a minor frac pounds. As an example of this situation, four samples from Channel collected on June 23, 1971, were analyzed Vy gas mnsn spectrascopy for presence of complo: orf.anlcc. Thes mile point. 0 at Morgan Point; imilc 5; nile 12; and mile essentially tine sanic1 compounds varying only In different- compounds arc p'irccflomIri.!nHly hydrocarbons and the conccnlr with Che ritti'C, Eve dEslance mipslrcau from Morgan Point. oil and grease exdractioui from hollow sediments in the IU arc shown In Table III-4. The sat:ij>lcs from Sims Bayou ai downstream of tfic municipal trc.njimcril plants conlnliud ll ccntratlonn of exHractablr' oil and fcrcasc. The ncxl hie' is at mile 20. FrwiK C]u{s (toinil, lfvr-lr. of oill intd f;riar.c ihell.fiBti. to ;he slowly de- I conventional on of those com- ic DOUG ton Ship ihromatograph- four samples -- i -- contained nmounts. These tlon incrrases e rcEults of r,Con ShJ|i Chniuiel Duffnlo Dayon liighct.t cou- nt concentration 6U-nrtily decrease proccetllni; flowni ihc Cllr.tnnr-l „ extent ») mllf .{tvMJ. Three t»'rlivl! \tft.n\'n3tff.&antf avi'i-sSonn wt'irc flown ovcir the llounton Shlj> Chnnn.il on July 1, 1071; July 2, 1^71; /jnrf Jvily 1?, 1971. The report of thin n-i-oniifilnfliiniTi" Cfi taxtiivtiwd sir, /s^pi-iiM* h. 11tiriii[; I tit1 Jtlly 1( 19?1| i p.-iiMl*-' nil I if ttt1""r£tv wrrj1 nlifirrvn' nn ' ------- Street TABLE II 1-4 OIL AND CREASE EXTRACTS FROM HOUSTON SHIP CHAV Date/Tine 6/23, 0855 i Point 6/23, 0335 Side 6/23, — r 6/23, 1035 6/23, II 05 6/23, 1130 6/?3, 1135 6/2/1, 1210 6/23, 1335 6/23, 1355 6/23, 1A2HJ 6/23, J435 6/23, 1505 , lUrtlis Fir. 6/23, 202B , Wnyr.ftlo jc 6/25, JOW •HVJ.I IU-MV..1 6/25, 1JWJ ft/24, Jf»S5 229 111-32 BOTTOM SEDIMENTS !iEL 711 & Crcnse % (l'R/g) _ 570 645 8/1 1 W5 27/iO l/i 00 1460 1260 3160 43GO 8MIO 5220 Volatile Solid 3.55 3.94 3./i8 3. 36 5.7?. 4. 36 3.13 1.98 4.63 3./.S 5.42 6.92 4940 2.99 2970 2.71 21,«00 5.9/t 57, tOO 9.99 I960 3.72 ------- 230 111-33 discolored effluents, Che chemical composition of which was not verified at the time of the flight, were nlso observed. These ovcrflighto will be continued at varying intervals to better define the oil discharge problem in the Houston Ship Channel. Texas Water Quality Board permits allou an aggregate total of about 50,000 pounds per dny of oil and grease lo be discharged to the Ship Chan- nel. Thin constitutes a flow of approximately 6,300 gallons per d,-y. The allowable oil tir.ct grease diacltnrge permits arc sunonr 1 zed in Table J.II-5. In May 1971, ttie Texan Water Quality Board collected grab samples for oil and grease nnnly.ois from 18 petroleum industry plants oil tli sa-r,i[«l Sfrj;, £t/)tci1 (1i.it llie flgin'en cited v/erc pror.dly in error duo Co not &ti!»r rat 15«v, lI'J'' 1«l|;n cinnri-nlrnt ionn piiT.eul in I lie iul.iil.e iii'uci-f.ii ami Ci'MlIi'i^ v.>U< i . S;u»ji]f» »ii-Cir- i nl li'i.tr-«l frcini the llniinlnii Chip Choriiitt In fft? June l')?l, fitul ana\y/,cA ftir rAltc, lead, cnjiiinr, chrninlum, r.irlmitmi, iiicTftny aiwl ey,wj|»!lf. llitr.c' <1;iln /in- prefi- nlcit (i.i A|i|iiii'Ux U. A Fiiiuinni'y irvf l(.«'*.» ------- TABLR 111-5 msciiftncus on on. AIID GHGASU HOUSTON SHIP CHAUmX III -3/1 InOuBtrv Arco Chemical Armco Steel Ko. 1* No. 11 Ko. 15 Ko. 56 Ko. 92 Total Achlfltul Cl.cnlc.il Atlantic KlchJicld Ko. 1 KO. 2 Total Barold Di\r. Celancsc Plastics Crown Central Fctrojri.'a« Bl>. 1 BD. '2 Diamond Sti^iroct. Ko. 1 Ko. 2 Ho. 3 Ko. 4 Bo. S Total DuPont (La Pone) Enjoy ClWmCcel EthyJ Corp. CooJycfir lire Cult Gd.i.it Culf Ml Cult 5-t.itcs Hens Tci-mlnAlr, llou.'.t.-.u diluent C,irw J. If. Hubtr mip.tien Tool IIui.it> Ic OEli rcf. /I 20 /i«0 20 25 25 20 25 20 28 135 10 5 25 25 10 10 10 10 1C 20 20 3 25 25 5 15 25 1 10 15 70 30 5/iO 180 BOO 150 1.700 230 3/.0 6,970 7,350 40 20 160 1BO '.'10 320 8,170 3,500 50 _J°0 12,«/iO 720 3D 90 520 SO 40 20 20 10 20 120 4,200 91, W. *' (n-d ii| tltn. \no \m wi i. oO nlnl f.t'vrtna ------- TAULi; III-5 (Continued) i)isciiAi;ni:s or on. AND GHUARI: HOUSTON SHIP CIIAKIIKI. 232 Hi-35 Industry HB/i Idcnl Ccv-.cnt Ko. 1 Ko. 2 Total Kcnnecott Copper Lone Star Ctwnt t»*>r«rol Corp. llcriclitin Kurphy InctustrJr* Olin Corp Ko. 1 We*. 1 Bfo, 5 Ken* 7 ToCal re.W»II CtamJMl. Pctro-Vcx Cheuificrtls. Ko. 1 Ho. 2 lit.. 3 Total PhUllpn Pet. CW.1HIS Terra.) Ko. 71* Ko. J Tol.il PlH^h.10 a^UnlB Pltttfcui'R PlADr Cl.i'.i Premier Petmcf.'wie.nl Rohm £ H'JAC Kb. 1 Ko. ? H------- TABU: Hl-5 (Continued} PKKIIlTll.il niSCIlAKCr.!; OF Oil. All!) CKliA llOUSTOll Bill I' UIAHUKL Industry Sinclnir Koppcre A. 0. Sisllli Corp. SMS Industries Southland Papers (DISC) Stnuffcr Chen. (Circles Bayou) Stauffcr Chen. Qtaccbcster) Tenncco Clyeaic^l (IT^adena) Texaco (C^lcna FarlL) ITaina CaiUrfr (Deer V. s« cy^*iu» i c«». V. S. lu-J. OKai. ICj>. ] Ito. 2 Tot;.! tl. 5. Ply.,o------- 234 IIT-37 TABLE III-6 COHCEKTRATIOKS OF HEAVY METALS HOUSTON SHIP CHANNEL JUNE 1971 Average Observed Average Mass Parutneter Concentrations in up./l* Upper Lower Channel Channel Zinc 54 43 Load Coppr.i: Chro,:iium Cn(l,,l,m >..,.-...-,. y Cyanide 172 52 29 32 < 0.2 26 206 75 49 37 < 0.2 < 23 Quantity In Pounds Per Da Upper Channel 166 530 ICO 89 98 < 0.0 SO Lower *** 290 1,390 506 331 250 < I./. ;«kiHiy of occurrence of fitntcd no:.' fior June Upper Cluiiinnl - Plow «• ^70 cfn. Loirer Chunnrl - Fltnr " 1,?,50 itfn, Rofcrcnr.o - TnljJn ?, Tcelmfc?! Report U.'o. 11, Cci!rp]prfJ.y J-lf^fH I'ocUO of jLjin;, JJoM/Uc.n^Rjt/^JDfe/jvnjJ^ by Krw'-r fund Il.inn, Tc::nn AMI Univcrcilly. * A'' Upjii \r Chflunol " MIJo 24 eo Kile JO I'.wci- Clniintl « HUc 10 lo Kile- 0 (J5n.r^M ------- •5 -38 II] All of these concentrations, with the exception of cndmlimi nnd postiihly mercury, arc many times in excess of background concontrntionw Jn nr tural scawater. The background concentration of cyanide in natural scnwnlcr was not listed. Table 1II-7 dctalis the concentrations of lend nnd cury in sediment samples. These results do indicate contamination J)f the Houston Ship Channel from waste sources containing metals and toxic con- taminants, which could be contained in n.hc intake water. However, pxcc.pt in the case of those industries uhich Slated the metals concent ratinnA in their effluents as a result of plant production, no af.c.rcjjflt e total of heavy metals or other toxic substances presently discharged to the Channel from waste sources is available. Kor, again excepting; the appropriate in- dustries, (a it presently possible to assess the representative coiilrlbu- tion from each waste source. Heavy npunls. miJ olhcr toxic substaJiccB, arc not rci(>,u1l(Lirty required! pnramrLcri: Jro tine solf-rcportin^ system, There has been a rcducLion of five-day fl.O.I). discharged to tic llouuton Ship Channel since the mItI-1960'K of approxlic-alcly 80 percent, largely through the regulatory eflori* of the Texas V;itcr Quality Board. Jriiis total discharge averaged througfn Btarclt 1971 w.s alioiit l'i'tr qji'nUty In thr (lountctll B|1<« ------- TABLE III-7 HEAVY METALS IN SEDIMENT HOUSTON SHIP CHANNEL, JUHE 1971 236 1U-39 Location Concentration i.n_ppVi Morgan Point Five Mile Cut Mile 11 Wile 15 Mile 24 Lead I2£ J 20 < 20 40 150 340 kitK-i'i <- 20 < 20 80 460 210 Top 500 < 30 5.000 GOO 1,101) Mercury 1 Bottop."* 3oJ < 20 5,/iOC 3,30(1 8081 * Parts per Billion ** RcftTB to Topi an«l Botioti of Core ------- Channel and Calves ton Bay. A vaste source survey cliiiractc- suhsraiices is required nnd a regular reporting obll^ntiori stl.tutcd. Adequate nbatci.ient munsurcT, consistent with the technology is necessary. B. CALVESTON BAY AND ALL OTHER AIHEAS Galveston Bay and all other tributary areas receive 1 wastes contain!tig 99,800 pounds per day of D.O.D.; 55,100 of suspended solids; and 201,000 pounds per day of C.O.D. sources only. The allotrabla effluent tolalc in the Texas ' Board permits arc not meaningful for purposes of compariso figures permitted for tbc l^rtcsiL dischargers, except for recorded In line self-reporting data. The pcrmj t ted totnl K;u. There are 85 sourccr pcrt.» it led to discharge wastcfi to Bny systcmij exclusive of lite I!twii«.lon Ship Channel . Tlicri? of domestic wnnte, 12 of vliich, or 75 percent, arc- in viol requirements; 14, or 29 percent. Hire exceeding ft.0.1). rc-qu 16, ot 33 percent, do not ttccl s«»f i«i nclcd sol lilt rcqulri-mt>n 237 III-'iO King thcuc on Id lio In- eot nv.iilablo .6 MGI) of unds per Jay om industrial ter Quality since the ow, are not ow is 189.9 he Calvcr.ton c '48 sources ion of flow cm-tits; and Municipal crccnt: of tin- wastes constitute 13 percent «vf tine actual wur.lf flow; 4 B.O.D.; nnd 17,8 pe-irci-nl of tin sucjicndrd coliiln. There arc 37 sources of iiuflurjuriiil wattle iMfich.Trying in total of 100.! MGD conlnlning 9J/00 pwtidrv j,fr &vy of C.O.I).; /(5.300 poundn per day of BuflpundccV BO! lAf, nui 2fll,0\)0 jioarnxUf; j»cr d,iy of C.0,1). The Ifirycat w,istc dlsclKiirgfrft .tre Hr.led In T/tblc lll-S. Those four source1;! tllncti.iri'.r n (C»(A! of IK? jWrt contnIning 90,i93 pounitn per dny of H.O.I).; 3'k,391 po"ii'if'i. |i"-r er ------- TABLE III-8 URCKST WASTE DISCHARGERS CALYESTOK liAY AND AU. OTHER AKUAS 238 1II-U Source Monoai'to Chemical Union Carbide Chemical It.F. TOTALS Flou M.C.D. Fern. 95 .7 It.F. 13 _fi .0 .36 Act. 106.2 11.3 14.6 4.9 137.0 B.O.D. IBS. /DAY Penn. Act. II.R. U.R. 9,649 CO — 24, «9, 15, 0, 90, 078 203 527 »s 593 S.S LBS. Perm. N.n. K.R. 3,686 60 — /DAT 23,933 5, /i, 3'., 20C 731 5/JJ 39; c LBS P^erri K.R. N.R. N.R. — .O.D. ./DAY . Act. 52, 108, 22, 182, 22. 21! 02 ... u N.R. " WOT RtCOEIlIB ------- 239 dny of C.O.D., Recounting for 74 percc'iit of the actual flo of the B.O.U.; t>2.5 percent of t>ie suspended solids; and 9 C.O.D. Union Carbide is tho largest discharger of H.O.D. all sources. Monsanto discharges 43. 5 percent of the sucp from all sources. American Oil Company Is in violation of flow, B.O.D. and suspended solids. No representative data on discharge of complex organics, oil, heavy metals or oth stances from these sources. Inspection of tho per PI it values recorded with the sol for all sources discharging to Uie Calvcston Kay system in many cases, waste flou allowed to be discharged is subfile!! than the actual waste flou. This, in effect, allows the d larger pounds -per-day of pollutant than is necessary. Tin solids permitted also appear to Le greater than in varranti in tif.ht of tfic sludge dcponliK in the Houston Ship Channe on the , eacli cfflucoit la llie Channel could discbar) of suspended solids-. The waste source contribution to the should be materially reduced. From Jnsj------- 240 V. CtiUAR BAYOU POWER PLANT - HOUSTON LIGHTING AND 1'OVJKK COMPANY] The Houston Lighting and Power Company ifi developing, in r.tiijjes, a 5,000 MW electrical power plant at Cedar IWiyou which, nr. now d will eventually require about 5,000 cubic feet per second (cis) of onee- through cooling water. The intake valor will come from upper Ccpar ISnynu, Talibs Bay, Hour, ton SLlp Ciiunncl, and upper Galveston Bay. The] intake water will, bo healcit ?0 F. during maxiiriur.i plant operalj'.m, Tl e heated water, tin presently jMOje.cled l>y llic Company, \;J1I lie clifich.-ir^eil to a Bix-mJ.lt' caucil into a 2,600-acre pond for ci|tproxiiiiatcly 55 perc Mil remnvnl o£ the licat loud before final discli.ir{;c }i»to Trinity Hay. The Onnl opcr- sitina plane will consist of six units (four 750 !W and U.'o 1,000 tJW unil.s) . As of lliis «!nto (July 1571), mill 1 (750 IT.') is complete r.nd o| eiutlonal, although not opernl Ing .tl this lir.n- J«cca«ise of ftoclinnicnl di.fficulti.pr. UniL 2 (750 tM) is noire lii.igi 75 |>crcc,.»l c(.-.plet<- and ir. ex|ifctiid lo be operational }iy UovcnJicr 1971. The [»:»«" hns been poured for Uni : 3 (750 MV!) for completfoiT by IWi, and Uittl '> (750 I;'..") has been ordcrotl f )\- 197G. Thn entire facility is presently sclw o\ in,", vjil er effluent will nllll lie (sufficient to Blynl f tc.int ly t»ttr.a^f- Uic surfnce (eiii|>er;it«re of nevi'i'.il scjimre niller, of thr D:iy. Tllie ruif*«a/j| T<'tli»lr------- thnn A F. during the remainder of the year. The Texas Water Requirements specify that a 1.5° K. rise In the representative nturc above natural conditions is not to he exceeded during th nor more than 4° F. during tall, winter, end spring. The arcn zone which will exceed the 1.5° F. limit vhcn the plant IB in fill opera- tion is controversial, hut is estimated to be in the ranee of 2,200 acres. The impact of the expected water temperature incr< the shrimp nursery and other aquatic life of Trinity Bny is t\l trovrrsifl? subject. Increased water tt-repc-rnlures have been fo beneficial to sor.ic stages of slirlnrp development and dr-triinentn itta^cs . The Uous-eott Lighting and Tauar Company contends that tlin proposal for discharge to Trinity B:-y Ji ll«e only economically alternative nritl will entail no Irreparable d.tniagc lo the biological li.fc of Trinity R.i.y. This; conclusion is based on evaluations condu 2'H IV-2 lity mpcr- ummcr, the to to be o other resent acceptable d on mobile aquatic spec Irs in lite cooBHnij; t-".itor effluent from the innon plant further south on Cslvcston Kay, and In Trinity Bny v.'bllr e first unit for Cednr Bayou h^a bccit opern'l ling. ThcM.- tli.iiUcn cvnl.ua'ed the cf- fectrt of heated effluent on adult fislii, s!nrl«.ip nnd cruBlnrc'nnsI ulilc:h, due to flic n/ituL-L of tlK'l"- lift r.«itj;« , t,-.,i'i tolt-riilc (ncrrnst'd ln'nt and can nvold extreme cciiulllllciii-,. If (l.wogt- Jfj slinwn to occur an the tfenull of the ly's continuing cco'lo^le.vj 5«w3iirj, as new tmlln nri1 placfd into opera- i, Mnu.'i'on lilplit' tiij.; nnd li-owoir Comj«,vfjy will tnkci 1 mined lot c- Bleps to cor- Lhe n I t.u .'it Ion. Tl'u" Jc-y.tf. W.iiHru Qu.illly Jioflri!! lin« acrepU.'d thin pro- ['.rum and |;ip,'in(rcl n pnmtl cnv<-ii fitij, JDw (Hr-cli.-ir^e of 1,SOO rfo (970 KGD) of codling vnlfi- from tli'" TtrsH (t'w vrn.'fa* ,•••"1 li/ir rrrrnlly pr/intrd ------- IV- iiition discharge permits to cover the ultimate 5,000 cfu discharge. The Environmental Protection Agency has also conducted an cvnlti of the proposed cooling; system for the Cedar Bayou plant. Withdrawnl of large .irgcs (Bnyrown S.T.I'.), industrial wa cl lscliargt'3 , find passible nj;r icultur.il runoff. Ultli the oncc-lhroui; tng propror.ecl by Hotiston t,{gliiin{> and Puucr Conpony al the CocUir Dn plant, nil. wartcs iticctt.rrticil lo Ci ilni Kayou plus vntor of poor qual from the Houston EFdr Channel and upper Rai>vL-r!on E^y i:ould be heat (llr.chargf-tl into Trinity Bfny. U.S. Array Corps of Kisgliiecrr. model stjdie:; havti shown that relative come ml rations of coiir.orvstivc pollutants incrcanc l>y as mudu ns 600 jnTcc:«t in portions of upper Trinity Hay low f:lov.' conditions. Flow-through lime ini the cooling unler fiystcm than foi' tlfiyrf, inclicnt Irijj tli.il ihr contce:ilr.iLlons of clouly clcgr.Til I at- icntly Iue to i cool- (1 and during is less iig ro- fiac.tory cirgan !cr,, such nr, me fuumi in lite Hour.ton Ship Channel, v.'nuLd also inrrcanc sulis tantlfil ly in Trinity Bay. Bcrmiflc of the higher snlSnily levels in Cedar llayou and ValjbD I'ny due to lhe brf.tit! dincliargcEi; H«<' prolt.il>11 iIy of further Increased 8,til inil lea due to cviipnralld.i Jri the cooliin', r.yr.uva; .-mid the rrdiicllon In frrnili water infl'/.' from tin' Trinity lUiuor :iy. S>iwci* Trinfly V. 'j Jr- n prime nlu Imp liurncry lire/I Jllifl Hlirlnip p|-ri[i,Tj',al Inn ts pnrl (' •«vl,-i ly ?.'•••'; (I ------- IV -/i the potential for dnmagc to the valuable shrimp harvest i: and offshore Areas Is substantial. Tin- Environmental 1'rotcction Agency opposes any diucl through cooling water from the Cedar Bayou power plant Co E.P.A. recommends that cooling valor from Units 1 and 2 u cooling pond, preferably located in the high land arc.- ne< This pond could be employed, cither as a rccirciilatin" syf water of npproxin-atcly 45 cfs tal:t-n from the present Coas Water Authority fresh water cental and/or Cedar Eayou v.'ith returned to Cedar Bnyou, or once through cooling to near i tions with discharge to Cedar Bayou. A new discharge- cam would be required!. For the remaining tinitf., a fresh voter system utiliz draft cooling towers should Ke investigated. Sufficient i (10!; cfs) shoulrf be available for purchase from the City part of the projected water supply diversion from Wnllir.v ston Reservoirs. The total daily requirement is UiO cffl makeup water under tin,- mos -I. unfavorable o|>crnl Injj conJilii jcctcd normal operating coiwtillor.s, the total frcr.1i v.iter mechanical alteiip water f Houston ns lie and Livi.ng- lmil. The 1.1. R. Steel system IB pnrr.Lat.ly JIT operftticm. UtwHt-r luore prt/lifnYlf ope nil Ing ronditionn t Iho tot.nl F refill writer niAt^up ri"f|wir«w«! for llip Ccdur Bnyou powcii1 plant would Gnlveston Hay arge of once Trinity Bay. c a l.bOO acre r the plant. UM;I with makeup nl IndusLrlal blov.'Joun v;atcr inhlenf condi- 1 lo CcHar Bayou ffc> SO a|>|-irnxLni.-itc; 4*> cf» (WT 5KI>) . line rt- tn mutually flj'.i'craMf nllrrnmtf sltt-f. ill ly of rclocnltun tif future' tniltit fllco he Invrflt ipnted. ------- 244 V. SUCCKSTEl' RECOMMENDATIONS 1) The Pood and Drug Administration, In cooperation wlLli appropriate State regulatory agencies, continue Ilicir recently initiated and hydrocarbon residues in oysters taken from Calves ton liny Jcctivc of determining lexicological effect!!, if any, of sue tinns. These data, and any evaluations, shall be unilc avail Conferees of the Ca Ivor. I cm P,ny Enforcement Conference. 2) To Insure that .ppi ( jcA shellfish harvesting arenn classified nt all lines, sampling for - i concontro- ll) lo to the1 arc properly ;Jcnl accept - ability of arras for shellfish harvesting In Gnlveuton Bny nial) empha- size the most unfavorable hyiHi-O£i"»ii|-9>!{c and pollution conditi most uniri:vor«it)le liyrfro^rnphic and giollution conditions; will by technical pc rs oanf 1 of the Tcx.ns Slntc- Ilcciltii Department ', tion with ttic1 I'oocI annrl iJriig Ailia'Klstrallon anrt «lhc:ir appropr waste sources; conl ri Federal 3) Effective df si nfcr ti on of tcrtoloj'.ic.it giot ]ut Ion lo Gnlvcsloit Bay i;liall be provided. cent rii I ixii'. iori of trc.Tlncnl facllftlcs ilirtl 1 1>c roulimicil lo ons. The >t> del cnninrri in coopera- ate Rt;ile nnd ul inj>, liac- of tilt! Jon nclii'dulc Jo l1u- Cortfi-rcer. of the- Ciilvcnlon bcr.t nvtil tnl'ilf trcafnii^nl for tHoiuirslic sct'r^t-. All iiiijilcmt'iil a for tills program atLiill! ^^ rude flvall. liny Enforcement Cfinfi'Ti'iire. It) A Joint w,t.-.tc Sf»i:rrf xmrvc-y r;1»,ill \ic coniluclcd liy (.lie IVx.ifi Water Quality FJfi.n-tf, Jn coatfc-rat ton wllli the Ittivtrmiiiicnlal I'roU'i'tfon Af.ency, on nlll nniifti'S of tuinlrlgval An/1 llr,'ii!,( I (ill ^;;iBU':. i/elrnilLI cH hy llu- Tcxnn Wnfor Quality Begird lo ^tf.tttsr^f offlnrnl to GntVi-nUin I'.ny nnd ilii t r/tuil iirlon , Tlitsi*1 e x.'iivfivli i«vi»^ sli'ill t"-]Afnir.c del criiiltiiil 1 1111 tif co;iij'lc.\ ------- I"' organic compounds, heavy metals and other potentially toxic eubsL and oil and grease from each waste source. Recommendations and c ing of necessary abatement will be provided to the Conferees as soon as they bc'come available. The Texas Hater Quality Hoard permits nut reporting data system should be nutcmlcd, as necessary, to reflect recommendations of thir. waste source survey. 5) The Texas Hater Quality Board will review the pcrmito of each waste source discharging to Galvcsloci Bay and its tributaries, end will amend them as necessary to insure thai tlie bcr.t available, trcatmc provided such Chfit disehaii;;es of oil and groa;:c from any souice vill not excreil 5 i.ig/l . As t c-cl»tiiol ogy improver., lliis rcqui ivi.icnl will be and readjusted to a lor-fcr figure. 6) The Texas Water Quality will ivviev and amend the na noconnary for Calv^sloo Bay vastc sources Kuril tliat the quanti wastes permittee! Lo be discharged i» sinf f Icicnt ly rcprcscntat.ivc actual flinount of waste to be review shall particularly afjt-r rt-quirci) 1 rcalmptil , ll»t" flow juvruil.i ted us v the (jLUintity of allnvranle 5[iS[>c:»lccE ncJ tti sn-l cvalm-iilon of Itic v.Kcr quality signifi- cance of nii'iti-rl il" conlfi fiite«l In Slur- or^atttc til»n1j',c drrdyid frum l.ha Haunt cm Ship Channel flli-' 1 1 bo cond'ucn^d. |;ar.j«i> fit ihi- rcnulti. of tMfl "iinltml Ion, find oxdinJiunl Ion of prr.scnE ftpO'lH ------- 8) Alert levels for ncutc and chronically toxic or (jrowtli inj; parameters slmll be developed by the Food nnd Drtig AdininiBtrii shellfish from all approved growing waters, including Calventon J! Thc.ic alert levels will be discussi-i) with technical personnel of vironracntnl Protection Agency nnd will be prc-sc-utcd at the 5 event Shellfish Sanitation Workshop sponsored by the Food and Drue Aciml The Environment ,il Protection Agency, in cooperation with the Food Admlniutrat ion. and other appropriate Sl.ilc and FcJcvnl n£(!iiciciP| develop jiarnmftcrtj for tin- S.'LLTC clinractt-risiics in vntctfl ap]iro\ shell. fish harvesting. 9)' Color of I tic w.i5tc effluent frtm U. S. Plywood - Champi Coiiipiiny finfl SontTilatuI Fupt-r HJlls slt^ill be reduced to nnlurnl bnc occurriny in uncnntnmin.nCtd area trnltrs. 10) To mcf!t offiicin/J Stislc-!'(.-c'c'r.-ul voter quality iitnndnrds for the |lciu.lLri:i Ship Clmnnttfl, tlic t.a>:litrji-ji u.i load di!ichnr|;ed f sonrcc.t r>hatl not exceed 35,000 pentads, p^r diiy of five-day I'.O.l), -3 nli Ib it- ion for y. he Kn- Nationc L in Cratlon, oncl Drug shall d for n Toper iround EttnbllKhcc! nm nil Including projected future dcvctojiniicnf . Tliis rc«ye»Iro..i'iit can l»e nccoipl islird by line of tlie V.c'St I'.v.'i Unit lie v.ir.te In-alu-irqal IT.U « ires consistent wij'h pre- nent and fuCiiL't1 tecluiaTcij'.y «r«'vrli>jvpi'i'nil .us «< 11 nf. the consideration of ollic.r w.Ttc disposal atCeirnaf ivcs t<» «HJ'iHi'Jrgf1 to llic llmtr.ton Blilp Channel. Tin.1 rollowliij1, i'i:eoiimit, utfjil! (oil »MIS «iiNl :u.uc(-]>t ililc1 to join I nii;i'eeiiic'nl by the Icrlm i ml 'I'.'in!. Pofiro .iru'I l^ollii vfrtiojir. 'ij'c prcr.eiilt'd for the Con- feri'f!fl ' conn InYrat Inn: («) Texan l''i'i;t r Qn.ijily U^nm! rt rt'«i-i.['ji.'V'tl Jr>i); -• the1 ontr lbroii;,h rnol fd||; fi.y«, (<"'!!, »"J(J( <1JY," 1i;irj',i» (o Trinity llnVi ------- recommcntat Ion proposed for the Cedar Bayou plant shall monitored to determine whether irrcparabl aquatic life is occurring and/or water delcteriously affcctcc'.. If such effects Houston Lighting and Tower Company will steps to correct the situation. (b) Environmental Protection Agency charge of cooling water from tho Cedar Trinity Bay shall be permitted. The Hou and Pover Ucupany shall be required to c heat load l>y incorporation of a system u lalion and reuse of cooling water for Cedar Itayou plant or return of used c Bay or location of additi< 1 units at sites. 247 V-'i ho carefully c damage to ality is being arc shown, take immediate all : --no dia- Bnyou plant to 5ton Lighting :>ate the waste .iliaing rccircu- units nt the oolLug water to Tabbo siitablc alternative ------- 248 APPMiDIX A AERIAL RECOKNALSSAKCE OK TIIK iIOUSTOH SHIP CHANNEL and CALViiS'J'ON DAY, TEXAS An aerial reconnaissance progran was conducted In July 1971 over the Houston Ship Channel from the Turns'nj; Ilnsin to the Chunnc! outflow into Gnlveston Cay by the U.Ji, Air Force .it the requcnt of Jiiivlronmcn-.nl Protection Agency. The expresser purpose of this pirc w.is to establish the foJ.]Tn- Point. The cEiTortolt.;;icnl dct.illi: of the flJf.hti; nrct j'.J nn fotlowc: (n) 1 July 197i Tloc over t.irrci of 14:30 bourn Clft (b) 2 July 1071 Ticc over target of 10:30 iKw.rji CUV (r.) 12 July 19>1 Tin.- «wt-r larjjt-t of 11:30 Hwuria CUT The rctniin/iJoiMnrc clnt.i vr.rc r^eomlcv? M»ojr<* tt.-» l-Jtjli }irrfM'i:i.inccl fllrcrnfl, K;ich nirciMft cri[itit;ln------- infrared line scanner (IRLS) . The cameras were mounted in the vcrtlc position coincident with aircraft nadir. Each of the cameras was up- loaded wirh different film/optical filter cealiinntionc. They were capable of recording the presence of optical energy within the folio* bands of the optical spcctruo: (n) near ultraviolet resulting in a black-and-white negative, (b) visible region of spcctruvi resulting in an Kktnchromfc positive traneparcncy, (c) nenr Infrared resulting in an Ektr-clironc f.-.lsu color (rendition) transparency. The IF:T,S Is K cryogenic device capable of detecting passive elcc Rmgnctic energy resulting fro« target thrift-mi ailaslono in the infrar band froi.i C lo 14 micvona (1 micron cqiiblr 10 i-i-tcn.) . An example this type of electromagnetic cr.ijcrioa is Hit- lim:;in body. Its clirvrncL iBLic body toiiiperoEvTi'c in 9B.6'tT. The rci-j"-cljvc cnitlxM chnivctcriu wavcl enc tli ic 9.35 r.iicrono vlitcli if. vllMn tlic lou-Juidtli of the IU1.S. 9 Tli is unil. io cnpablc of dcttctln^ r.nd rtoolvinj; (BE n target) lUc prcncncci of the liiui:aii lincly nt vclitlvcly r.Hioj'l riu&rx. Tlut firbL tv.'o p!iol.o2»r*!['Iilc wHn iU^ca&j-f3 fll>ovc \:.-I'L- chciucn r.X||vc*tii:]y for tliciv cap.nlilllty of rcconHns tl«- |^r**;r;cc of oil nivJl |.'at-;tli, fw Jin: J--.T «ltrrvlc>]c't, r^nlnn, of nppro::!. L(1y D.3.T in [ci'fu,:,. II.-- l.T--^5.- .TL -I-'. 1.'31- f!3 i Ji. t.i|u-1'li- oT ------- 250 recording this fluorescent radiation in the near ultraviolet bnndj. The true-color transparencies are used to provide correct color rcndition(s) of targets in question and are extensively used In location and target identification work. ------- Reconnaissance Data Presentation ThiB secLion describes the reduction, explanation Mid presentation of Che reconnaissance dntn obtained during th< three (3) dayo1 niJcnior.s The discunsionc are catalogued chronologically. The photographic evidence la on file at the Denver Field Investigations Center. The photo inter- pretation VMS made by DFIC personnel vith assistance from the Gnlvccton Bay Field Station EPA SectionA - 1 July 1971. 14:30 hours (1) A discharge of an unlincvn substance vac located at the opcx of the Turning Basin. The cubctnncc \ras dispersing toward the center of the Basin. (2) A mlnm- oil spill was in progress, durinK the nissJ^n, fit the Atlantic-Hi chficldi (Sinclair) docl:. THie «3oc!: position Is the second loading station inland froa the Citanncl. A bnrf,n WHC; docked at thir, station. (3) The location and dir.pcrc.il pattern of t'<^ rvLncrgcil outflow from the U. S. Fly.'rood-Ghai.ipfoni Paper Coey-amy, loc.itcd on thci Clianncl'lt nciuthcrn filiorc cnst of VIncc U.-.ynu, v.iib clcnvly vliilble during thjln micslon. The cha,-,iic;iJ! sabstiKiCJ: of ike o-jtflo-.:, vliicli np|ic:nrc:d nis ycllov7lbh-hrov.ni In color, wan not knrina. ('0 The location mirl effect of .in Jnrcrccdlalc »31 r.plll In ve.s rccoi'ilcd at the Crciun Ccsulrfl Pctr<»Ici';ii Cc>rt>orntion dock Scvcrnl harcnti vote dockccf nt I've Ir.r.llfty ;ortinnn ------- of the slick drifted ncrosr, the Channel and were cllnfjinp, to the northern Channel tliore. A snmplc was taken during the time of mission and subsequently verified as oil. (5) The location and dispersal pattern of Aruco Steel Corporation discharges were recorded. There was an oil discharge thnt bnd produced a slick across the complete width of the Channel near UK- r-ourcc. It was approximately 1.33 miles long. The location of the saunce was in the Inwuxlietc vicinity of tic vastu trcnUicut facility. Thnrc wuo a ctronj; effluent of an oranp.o 6ull:;t»!'ce being diupcrncd im:r the Channel for nearly half its wldtli. Tlic locnMon of this cfflu.'nt la approximately 370 feet dovnstrc-.iiu fren the oil effluent. Thin t:u]>!it&i>cr>t being diocharttd into tlic Clinnncl uatrr^, i.vic ausiii.icJ to l>c fcafric oxldCr lite thin! Atmco Stc-cl cCflucmt vf>s tii.-'t of a ch«)'coa3.-colort'.1 substance btinj «Iis[rn;irKC«l into tlic Omn>icl. Jls nouvcc: 3 or..it Jon wan immocKntely ncljaccmc to the orKF.^f. effluent. 'I1ic cliti'.i.i ml nature of tUir, t.ut.st.aitcc bcinj; (lisctiir^^il lr, ui)lii:t'-.rn. 'Jl:o folltrth efli.lucni:, of a lesser ou".2.nit«Jc, vas am- from tlic oil disichr.rec nu|ir<[)xlnt)tt!].y 20 Ihi.i crriuciit uupcnvc] to be; j feet c fror.i ttie aforciit-ftntloiifdl tw-lc Irc.il-irnt tintirro in otvltnor-'in. | (6) A minor oil f>|f.-«llon. Tt;o of tht oJJ enui'ccn ucrc locnt'tf ,-vt llm dock |ioi:itloi«t: 111 llie inoutli of Ilnyou . Tin: rc'inln^cr of llic of I rwjirccu irtru Jor.-itcd flnr.;1. ttifi docl^.hic en •,-. on tl't: rii-Li-'.itl'ft noi'llktrn »i1i:Tc fi. ..-.«< I'lnlcly j1fn;nr,trr.ni f rfi..i lUmi: In?; rj.-1/!!'.! . ------- 253 (7) A dlBchnrf.c o[ a yellowish .stibsL.-ntcc! wn.'j lociitcd in an -Iml ntuilon in the Chunncl's couthcm shoreline. The point oC diiiclrir approximately 420 feet downstream from the OUn C main dock anil well within this company's imlur.trinl comjilc elevation oC lids outflow nppe.ircd to be at the Channel wn surface. The clictnlc.il constituency of the effluent In (8) A small waterway projects s;outli>Mrion. (11) During thin mir.sioFi, n r.u.J utttcli Jr, Jot.iUil « lev f»7 feet. TUir effluent plume extended A|)pro::ti i:itc-ly ?oO fcrl Iitto ILJif C1i<:i<:x-l fr«ui the pciid'n |:1 vt'Jr, Tie-', ch^r'fc.it n.'tnri1 olf lli'r, cfflm-n*. JIT lint frv "n. ------- (12) Oil was being discharged from n harfic-mnnufacturiiv, dock lo along the norLlioru shore of the Channel, approximately 0.6 downstream from ihu mouth oC Greens liayou. The discharge a to lie cmanntinu frrii four separate locations within the 1'or Ship Yard, Incorporated. (13) Oil Mac being spilled from the dock arcn in ftoj'gy Dayou lias dock is operated by the Shell Oil Conpr.ny . The slick was ]> down tlic Channel froti Lin; l!at>in. Its Iciif.th tint) npproximal feet and itc width (ippro>-.im;itc:ly 46 feet. In analyzing tlie inagcry obtained fro:.i Shell Oil C'onpn: waste tirciUmcnt facility, it v;as nolttl that the trickllnp, f had no surface layer biological ^ruiulh. The nhr.cncc of cue' greatly reducer, tltc clftctivc-ncss oC ihc ircnlficnl: unit. The outflow furei tlie ctariTIcr wan clcorly rccovtlcd. fro;.i tire i»ro staMlizatlan ponds \iaa p.Tsr.liiR lliroi ^ veils and u.'rr. cli.innelc'J directly lo tiu; .Ship Chnniv , loc.utcd c«n Ihc; l.ind ncljnccnl ti 'l tine ut-.-.tcrn 1-rnl: o|[ P.'ilriclc Ha- Shell 'r. oxftlatlon Channel rB fi cliorc- ted Ics uared Houston The cccdinc y 1590 l.he win; exhibitliift fifnue a\y,s>\ r.rmlli fllinn;-. {In l.Mi!;'T. ThcTC \;iiijt n KinrlJ outflmf fioi'i lliilc area Ijiio I'.iirjcl: tl.iyou. (I/O Oj J. WM/I bcln;; i\fr:clinvf,it} f»o;i a tliEp tied Jit ilic C/iiT.111 dtir.k area, which j»i lorn ted pcrosr. ihf, CHmiinrl friuM HIP noil Mi of 1'iitrlirl: Kpypu. The Rlfcf-. (!) l<-[i-(f.-T «1t»i>ii> lhr npprn;-Juntr).y J./iOO fci;t nml i.M'i c] Iiifjuj; to U.t'r nf«irt!>;-irn f.liorc. ------- (IS) The fitnnll. trickling filter in Humble Oil Company's wan to trt-atme facility exhibited no zoop.lc.il growth, and therefore could noL b considered to be effective as a biological treatment unit. (16) Three large settling ponds arc located in a row parallel to the southern bank of the Texas City Canal. The pond closest to tile Calves ton Bay western shore was discharging a blood-red 8ubt;tnnc into Che Bay waters. The chemical nature oC this outflow in link Section R - 2 July 1971. 10;30^ hours (1) The outfall, located at the apex of the Turning Unsin, uas cUncli into the Basin at the tine of this mission. It vac rapidly dinp into the Channel waters. The length of the plun-.c (elongated dimension of the effluent) was approxisaaloly 235 feet. The chew constituency of the discharge is not l:ncnt». (2) A substance of unknown constituency use hcjnc discharnc-d from tli western bunt of the Turning PasJn vEicrc five (5) craall bargcir. UP docked. It war. dispersing toward the center of tlic li;u;ln. (3) An oil slick r>n the Channel waters, located whurc the Turning EH and the Channel merge, was recorded. The oil VOB bcln); (limped f two of the four chips that were iv.shfns out at the UPC. Tlic el nl ck was 1120 feet long and traversed tlic entire width of th(-> Ship Chrtlincl. (/>) Another (tcparatc oil nlJicfc vm; lac.iUtH .ii'proxit-iatcl)1 470 fret doun-chnnnr.l from the end of (he r.llcl. ncnticiifc^l abovo. It wan 935 fcut long nnJ trnvcrr.nl thtr entire i-lillli of the Channel. TliiO noarcf. of tin: r.pill c.TiisInr; t!><- r,JJcl: could not be ildcntlf icd. Mont of tlirj nlick had collcrttd arounJ It'ra (2) r,1il|>r, docl.c.1 ncroiio the ChnuiK 1 Crciir, Arr.our A^rlc.iJ t*n-.i!l Chfc-.uW/dl Cfjpnny. ------- iprc-'.-.n irJentifierJ. blic (5) A minor oil Kljck was located near tuo (2) ship.1; tlmt v.uirc docker) adjncent to Building #21 (Navigational DintrJct Public ' across the Channel from the main terminal of Houston Coi Company. The source of the oil cbuld not bo positively (6) A ship, dockec! at Ituildins f'2t! (Navigational District I1 Wharves) directly ncrosa the Clinnncl from the raouth of Bayou, vac discharging i.v.tcr contrJning forjii-producin;; laterinl. The foaw floated upstrcrn.i for rppro::ii!tntcly 330 feet. (7) An oil di:;charc«: »'a« cuanr-ting fron n fihi]> dcckcrl nL 1 Molasoco Coapany. It V.JG (Irittiiij; doimstrciiin. Its len ith v.iii 030 feet and its vldlh a|>proKn. Tlic ticrro;/ «itd c;:tci.cleil do: iiut rpprcixJratclj1 Sl/i feat. Mul datn liulfcalu) tl«;;t. lliic cfflutnt wr.n ri liAU the nmWcut ic^.pcrnturc of the Clniiiicl x.'.itci'i.. (0) A 6itt.,.itrf;cJ ceitfall frcica Ci'lf O:.jurc:-n Co.-,j-.-«ny \.',-!:; dil;c n yc1law!.t,\t i;ito lice Ciianncl valcrn. 'i'hltt ou .IMS t ••''••' lid; \;.".r, The itJ.y xfji .fn!3. locAtcJ r,j - i.j.JCr.-ilcly 33 foci fro-j tho liortlitnr.tcrn t:l.o|ru of tlia Channel, 115'J fr.rt uprlnr.'.:: fro.? llir pcnir.culr-.r t.lp of I5jnc ll:iyo», nnd dJrccLly a error. iV(r Ciir.imj::ij^.ny tvi% «"!!:•! Jifirt-.lii;; .-i yc:]].ov}.n\»-\iro\m nibntnnce into the Cli,-viiur,)i »-,-i«i-ji. Tiln |-<-J)s» of <1](ir'i»rf..-.n>- *i 1..-. ;,r.-.t ------- (11) A ship, docked at the Atlantic-Richfield Terminal along tlic ucntcrn br.nk of the Sims Bayou Turning Basin, was wnshing out. It was discharging what appeared to be detergent-laden water. Foam via formii.u on the v.iter's surface, and was clearly visible over an of approximately 225 feet by 120 feet. (12) The U. S. Gypsum Company vas discharging a yellowich-brovin subs from the western ban!' of a email waterway located north acror.s Channel from Sinn Bayou Turning Eauin antl directly across Chlo waterway (west) fvoni Coottpasture Grain j«nd Milling Coinjinny. A retainer oxtciuts into this waterway, forniri;; a pond .idjaccnt to shoL-c. Thfc pond is a|>|»roxlr.cl, InmcilJatcly do-.jnntrean froin the Slr.'U Bayou Turntii^ Ba«;tn. (l/i) Tcixnco, Incorpornred, VJIE dlEcli--!i'i;iitj a ycllnrJcli nuhatnncc int a oi.mll ».',itei">'iiy located Jireetly across Ui2 Ch.Tiinc1! (north) fr lloimton Lffihtinfi and Ptr,'er Ctafsny. "Che point of discharge vrac on cl.1fpj.TMcd very nosr ihv r.n«rcc. A clMrkcr r.uli.-;Cancp (oJ^rtt-r iit ffprnrfnzt: thnn Unit of tlic cUrcr.iJy rcirorij: the Cli." . :I fr«'« Vimn- FV/MI. HIP ------- 258 (15) The Houston Lighting and Power Company W;IR d-Jfichnrf,!"!', Viucc Uayou, and in turn InLo the Ship Channel, whose tur.ipci was significantly warmer than the ambient temperature of tli Channel waters at the time of this niinr.inn. (16) The U. S. Plywood-Champion Paper Conpany wan discharging a ) brown substance Into the Channel viitcrs from a submcr&cd oui This outfall was physically located approximately 948 feet: 1 the eastern crown of Vlnce Uayou, 3'il firct from the pipcn cc the dock to the lam! facility and 19 feet into the v.-ater fr< Channel's couthorn bnnl.. The discharged n;itcrlnl \.\TB flo.it: the vmter'c surface ncrouc the entire i.'Utli of the Channel. was easily traced ilovnslrc.tia for a mile. "1'iic 1KI.S inriicntc'i thin outflow vitr. vllt;tttly ir.in ;:r linn tltt .-i^il the Channel w.ittrs. ici.iptirntui e nf (17) An oi.1. vast in progress al iliv Crcvn Cnil.r.il 1'ctroliMiti ntion's Jocfc area. One Inrp.t Ii;irj;c 0:11- nu.ill at that time. The rcs«'Jr.lu~ of! tHcl: follo'.-tJ llic uotl3i till:: r.plU ITU cfjit^iifd Co thin ui'M, hc:Iii[; iipf I'O'X'-irttrly Vtl ftt-t lou^ anil /.'.'iT«};ln;j t»l wJd(;. (19) 'Jhcri: W'ro frur nciMr^lf .nnv* «Ilirj! 3; (. (vjiifjowj) fi'fvi rJtliJn the coi.irJc'K of O.I fn r.drin-iir.vtifi'rv. Uttc'Di l<«j.,il 3rijii trtil'i' 11 ------- a) The most upstream outfall was 1160 feet from t!:c main dock 259 and is further identified by a sr.iall building on the dock. The elevation of the outflow was at the water'G surface. b) A second outfall was 10? feet upstream from the main dock. It was located approximately halfway between the two larp.ecjt (locking areas. The elevation of this discharge puint wns slightly above the water surface. c) The third outflow was located in an indentation of the southern shoreline approxinnlcly 42U feet downutrenm from the main dock. Hie elevation of the discharge point was at the water's surface. <1) The fourth outflow was lor.it til 770 feet dci;nccrcn:.i from the main dock. It w.iia on Lite shoreline uithin another docl'.liif; The scarce of this outflow appeared to he the five (5) ntoioge tanks configured in a ro» parallel, to the Channel's ehorcljue, TIic thcrni.il Iribgery at list IFXS indicated that the third outfit («c somewhat warmer titan the r.^Aiic.M tmpcrnliirc of tlic Cliannc:], v/atev. All of ttic cffluciitu rwcci»l l;lw ivronil conuinteil of bro.;n Babt.Lauccfi wliicft txrt Leln;: ; clr.nrly viiiiliile tnvt i-vr<: ji^"-Jt !<------- 260 (20) Four effluents were detected within the conplcx of Annco StJicl Corpor- atiou at the time o[ this mission. (Three of the four ware detected during tlic previous day's mission.) The tirnt wan n binall Lll cHu- chargc viho.tc source VMS located on the Channel's northern chovc nt surface level adjacent to the waste treatment plnnt. The second effluent was an ornnr.c substance, ar.suucd to be fcrrii: o/.ljc, locfitcd approximately 370 feet downstream from the oil outflow. Tile dlr.]>c;r- sicm pattern extended one-third of the nay acvos:; the Chtiniiel and could be tmccd dn»roj;Jin;itcly 1030 feet. Tim third effluent was n cliarconl-colovt-J substance, and VMS beiiifi d I immeil'iatcly clovnstrcoxi of tlic oraiaf.c effluent. Thin darl; wan assi'mirj to b«r ,~ c VMS locnlcd IfilO feet dovmstrrnn free; Llic orn«ij;<: watt leu source nnJ conriiitcd of n dart; EuliBtnncc lictpif, dif.rli.irfjc.-I ni%ir tlic Kvirfnci-. Thin 11,"il.eri.il £Jo,-,ttcl on ttie M.itc-ir'c surface- nlon?. Uic northern tiliorc- nnd ext do\.'nr,trcain 2900 feet before cuKjiJc-lcly diii^criiini;. The cjici.iic.il con.'itlrutuicy oE Hie culi^t.-iiicc WJ,T» not dt-tcrulucil at tlic tjlwc of tliln mir.fi) on, I. v-ir/'t oMWut ion .->««! ctot'fl ir-.-'Uou |ioi.':r Ur.-M' |HMir.1» nml olhnf nrnircrt,, ------- 261 The northern two quadrants of tin; oxidation pond of / Steel Corporation's waste treatment facility contained a r amount of algal growth. (21) Tlio small wateru.'-y, located betm-en the complexes of I'honp Chemical Corporation and Phillips Ciicnicnl Corporation, wa as a conduit for the discharge of a yellowish-brown suU the Channel uatcrc. Thin cuhst.incc traveled DUO feet dowi before completely dispersing. Tlic chcmicii) n.ituro of this was noc determined .it thn tiuc of tlic flight. (22) A minor oil spill, from a 6hl|> docked at the terminal loc eastern t>ouiitlary of I*!v«)li|>s Clic;ilcllcl: v.ia anJl 230 feet Ion;;. (23) A small nnauriL of i»il v.ir, l>clti- «Ji:icli.iiT,' d from n rhip due iit tcni.in.il »'£ llic T&i'd Siil|«yar:l Coj-poi'fit Jon. 11 slick vnir, 32.; ftet lout; am! .-v,, llu: v.nlcr l« tlip i (inlli of Hrc-c'lin llnyoll rd n very «C.-iirt: p.rnyfiAi-liTWn. Tho SIHp Chnfllll'l ]>1lotOQl'nn1l(*' in n yc ^ l«v> [oU-ltL'u'.nt rcrintf tloi» Jan^r£i<-it<'1.y ojtiti'crii fro.n {ii'ccuo Ilnyoll, dlrrr.rly rnuth frcv.i flu- ci.vffii cto'ir.:--'I tift.]', of Toilil SIHp Ynrdfi. At.. ------- 265 the confluence a definite color boundary appeared which t versed across the mouth oE the Bayou and extended down-channel Co1: a diutiiucc of approximately 1400 feet. At tills point, the dispersion pattern of the waters could be seen ns they nixed. (26) In the lower region of Greens Bayou, only one significant was recorded. A yellowish-brown substance flowed into a bar;/, -([ockliip, area vhich was 148 feet vJdc and 5Ub reel: i I fluent octangular length. This rc.ctnn^lc vas rppruxiuutuly 220 feet uputrcnm from tmu boundary of 'uwld Ship Yards. The cttlvunt followed the of tl'iir, area and Llicn floi.'cd out into Greens Unyou. The tltio oittf Jioir vr.s tract"! from tluc rcclangulur untcn.'ay nl to a nc'Ccliii^, j.onr(;e cfflutnt cwinjiflUnj frm:i n point cm thn notrthcnt fihorc at tlic riili* ClininM.-!.. llr. JncnUon ir fhlcd itpun n very M.irJ.l J.ri >d pvicjocifon u!«4c!« U..T; 2160 f<;-ct itoumitrc'dn train Vhc penlUfiulr.r t.Ip oC the r.ir.lryw lunnt of Crfon; l!:iyotl (inil 1130 £cot upnlrcnr.i freuii tike t\.-\ln dcvclt of tl»c Vort llou:.1('ii Bhlp Yni'd. Thin effluent |il'o'"V,i'iit>"w'------- The substance in this effluent extended nearly one-half mi..e down the Channel before dispersing. In addition to tl.3 aforementioned effluent, an oil effluent was being discharged from the same po:.nt. The source of thccc discharges vus isolated to a email building measuring 12 feet by 20 feet, uhich extended roughly one-half i length into the Channel water. Tlic oil slid; could be easily traced to points downstream beyond the Port Houston Ship Yard. The ovurnll length of the click vzs about one nile. The outfalln ri]ipe;ircd 1:0 Iv; and under discharge pressure. In an nttc-inpl. to l,;ola the source(s) of ilicoe wastes, the tlicnaal liunp.cry from the lltL! carefully exainirirJ for cluics. It coal^I be ctfn in thcnc data tlint there uerc sevrrnl uncIiLifcroniiiJ pipc.^ IcjJIr.,^ to the nliovc--.nc'nt'iiiiie(l building,. Thc-st: pipes MCTC traced In a norLlifrly dilrcctlon froi the Channel to the area occupied by .-iii:! r,-i]icr Coinpnuy (Fl( ll-'i) . 1C was doc possible to (Ifncrrn Jf all of the- plpcn Jontl l paper company's coaplcx. Jtoreowtr, Itw clavnlc po]<(kr Jniluntry i ,tire o tlio iu- clinryc docs not cotiitiiCii' lite quantity of oil c««jirli.Jlnp, the /iljov(|r ncntloiiLd elicit. The conclu^Ioti i<« bi- dr.n.'it In tlinl: mny luiyc' been dir.cliarttnj, oil .it ilur outfall. Joccirnl:lnn'n nhlnir.ilni', pond, Icc.-itr.l iidjitni'iic !« Itt,"1 C}«i«nf1 *fi cisutliiTll nlau'ft. Vlio {•n'J.ii.nl t'jM.nJi:! ri'icrlj' 7M1 frtt tr.tt, tl.-r Cltm.iii-l frcu,i ih". |'on>l'n lii-.imiiitnr. I'-tr. Thr LI.. loiJ «r.>r,, fjv.-r <;..• in*; lie.- Hi i (iiio ------- 261 war. inniGuIint warmer thnn the Channel's nnbjent temperature. . i.r. JiKtmicc had traveled dotinstrenin from the weir nppr 1000 foot before it had cooled to ambient. (29) Oil discharges from the Port Houston Ship Yard were obucrvrn the plcvious mission. Because of the oil spill, discussed : D(27) above, positive verification of any oil discharges frc facility could not be made. (30) An oil click extended, In mid-ch.ir.ncl, fro:.i Tcnneco ChcmJcn dock downstrufm to a point near upjior Boftny Bayou. The sHi originate fruci the nbovc -cautioned facility. It van nppro>: 4350 feet Ion;; ati:t 160 feet at. its uldc-sl: point. (31) There was a very Email oil slid; prci:on£ nt the time of fli| lower section of the Bogc.y E.iyou E£sin adjacent to Slicl.1 01 deck. An oil fipill of lai;;i-r ffftfofLion ua:: d3.iit;it jnp, from SI docking complex in Ko;;;;y bayou R Jiricdi.t -:ftl.y iid.lnccnt t< The (iiuntoly during i Section thi Company'B : did not it in the Company's Llio Channel. The rcnultant click Ifollorjc*! tlic Clian'.id'ii southern chore- line dnwistriiam for a^proxitinicly *)05 feet. Tht1 tricklJut; filler in Shell Oil Conpttny'to \t:\utc irL-uknciiL fnciljty, J.orrttcd ne'.-ir Eoj;^,y P.j-y« • Ur.i:!!!, Jir-d iw> r.oiv,lc'.-r] f.roul'h on the nurfncc layer (jirtwjrtlii, itv&lealtmz, tern linn inptlwun trcnl.i.iciit. Sholl'n oxitl'.it lion potwl. JmcnB^J .-•Jj.-'toit t« the Chnimcll'H ooutlicirn oliorc antl tli^ wc'Ktcrn I.«i'«u1: of fVJtrfcf: l-nyou, rnntnilitcil nonic nlf.n.l Rrov:th ort t!ia wnicr's J^rficc ^'inl /irouni) the cnt;:lrtt periphery. There v.ir, .1 r.^.-JI owtflfM (rtn lliln XIVLM Into P.itrJck ------- 265 (32) Oil was being discharged from n ship docked nt across Che Channel fro-. the mouth of Patrick E oil slick extended down the Cluinncl for npprox C33) The water in the lower region of Patrick Bayou warmer than tlic ambient temperature of the Clin water flowed out into the Channel nnd tlie Cher feet down-channel from the peninsular tip at t Bayou before achieving tliorual equilibrium. 1-1 settling ponds operated by Diamond Shamrock Co into Patrick Bayou and nt the point \;l.orc the Ship CEi.i:incl. The- source (c.ro outflows) of th located uithin the al ove-ncntioiipal conjirny'» c were located 2300 furl. .-»;>iJ 3000 feet rc.-.-pcr.Uv the the Bayu-j';: rig'ut anisic l>ciul. Am outflow w;:s located do:>nyo-,rr.<:trc.-.r n|.|'i'fJ:Jiirtr]y SCO feet before finally Inrgill, located . The resultant natcly 1020 feet. cr.ntly icl writers . The warm il plume extended 2800 c mouth of the irly nil of the >nny \;crc nyou Joinn the warm dicchavp.c wan '.p]cx. Thcoc outflo\;a y u|)Kt:rcnm from dispersing, lil.ii; nnd H.trtf, Company. (3S) A Mil.Tll cvtl s.J.ie'1:. i-is bct(Ancn the injb------- 266 (36) An oil slick uas observed directly beneath the power lines which crosr. the Channel approximately one-third mile upstro Harbour Cut. The sltck was 15'»0 feet long and 330 feet wid source o£ the oil could not be determined. SectionjC ^ JL2 l._JuLy_ A?Zix. -i Ai?JLJ!S!Lr.£. (1) A ship, docked at Build jnp, Ko. 10 of the Ifavi{;ati.onnl V.liarvc:;, was discharging a bl.-icl; substance into the: Turning The blacl. substance floating and van not: dicpo.vc Jnp, inl water. The chcaicnl constituency of this Bul.'i.l'once \me not mined at the tluc of lliis (?) A yellowish--!iro;m subst.-ii.cc of iin!:no;rj) nnturc vaa to be float-in;j on tjie surface of the. Channel v:atcrn from (1 Basin dc^.-nstrf -'n bcyonil tiie RoiHh of Sir-K B:\you. (3) A ship uhicb w.->c ctocl:<:«l at llic SliJp Civinncl Cor.iprccc Coiiipni van ur.r,IilTi[; out. into Lbc Clirniicl mtorr:. The culml.anrc £01 the finrHacc of the v'.itcr Jndlc.iLcsl n lil|'.h concentration of or similar cintcrial. A fini.ill oil slid, float c-il near the be ship. Another ship, ilocSxd further doi'n in thin co.iplcx , v chargtnj; v;?tor coutaiiiin^ oil. Tfhc rcKn)l..'tnt fillrl: covcrt'i' nd m from 'Hie cL Public the. dcter- bfiervcd Tin: nine. on ctcrccr.t of tl\e i) die- the cnf..1rc th. v;ii!th of the Cli.innrl stn-' vas flpfirosJi-aUrly 1/tOO fcc-t in (A) A yclloi.'/sli-p.ivy rlffliiunt vv.s Win;; «!is-cb.'ir(';c-il .Tt t»:o I'olnl.'ii in the Wfit.M'i.vy (IfiviT.-it rc.Tni frn-r ilrrrjr.nn r.«-«-l ^mJ lo 1:1 if- enpl of Hini.ly It-lond. Thti locntJon of the r.O'ircc of tl«es<- cffJi'^nts \;nn Staiiffcr Cluiiicnl Cor/.pnny. Onti t'tr.crmr^.'> pnlnL »v.is *,1jovc thr »Mlrr mirfficc inn! the ------- 267 (5) Small, scattered oil slicks were observed around the hi Channel adjacent to Charter International Company. Th the oil could not be established. (6) One continuous oil slick wns observed in the Channel w; front U.S. Steel Corporation's warehouse dcn.'iislrcnm boy of Gulf Compress Company. (7) There wns a yellowinh-broun substance belli", rtificharyod enclosed barge which vas tied to a clod: on tlic northtr Channel approximately 890 feet upstroiim front tlic U.S. f The chemical constituency of tliir. outflow war. not dote- time rown r,ulir.tntvt<- niJ li.-d nuiatrmu: oil r.licl'.D. Tlio nource(a) of these polluC.iiHr. could not IT' «'t.-lnliHr.licil. (11) Oil vtin bcln^ criscli.irf.td from n nulotrccil oulfln'.t locntrJ an the (jouthonot.cn". p«virllf«w of Sims Kayoa Viifnliij; Dmvin. 1'hn outTnll Wdn in thr complex of At 'iimtt -E!'rl«( if ]A Kf fining Ciiiiipiiny, I'tD frt't vent of ------- their main dock area. This slick covered most of the Sims linyi Turning Basin. (12) Oil was being discharged from five separate locations along tlv southern shore of the Ship Channel. This area IB within the A! Inntio- Richficld Refining Coopnny complex. Four o£ the five sources n£ oil were seen to be from discharge points on the Channel shoreline Another was flowing from a barge docked at thir, facility. Thc:ic oil clicks traversed the entire width of the Channel. The dinclm pocitiont, arc at the crown of Sius Bayou Turning Dasln, 1,100 feet, 1,565 feet, 1,705 feet, 2,265 feet from the crown of the Turn! ,15 IJasin, respectively. (13) Oil was being discharged friw the apex of the Texaco, Jncorpo slip and at the peninsular projection directly ncror.s the Chn from the mouth of Vincc Bayou. The oil In the Blip did not aj be dispersing into the Cfmnncl waters. The oil click cnanotli the peninsular projection cr.tcndcil ncron; ti;o~ thirds of tlir. vl the Channel and dmnnstrcam for .ii>j>ro;-Jir.-!tcly 930 Tcct. (I'l) The U.S. PlywotKl-CiianpJon JVpcr Cocvjsany'c iiiiU oalf/ill \:t ntcd icl pear to !• frow Jtli of dor rly viciblc. The minr-'fty of the itfi.clt.-rgo of the rcDtrnce into Lhc Channel waters wae not jtn great an rcrordal in (.vcviouu flipjitn. (15) lliurc vititc nuMcrotir, Einal.t oil r,JJcf:s ncrcau the cnl.Ires Cliiiniicl froti Tcxucu'u facility dowiir.tirir.in lo lite Jo -»-r liotnnljiry of U.S. l'r>\fooil- Clu'WpJon l'n|inr Coriipiny'C'-rnc'iUiy. (J,C) Tlio Cvov'li Criiurnl I'tUfoIcv'-.v Cfvrj o.r.tllr»n ».is ------- 269 o£ oil from two shoreline positions and from its Blip. The ti ) uhorc- line oil outfiilla were 70 feet and 80 feet clowngtrenm, rccpcct Lvcly, from the eastern bank of the clip. The resultant oil sHclt Lrwersod the entire i.-ldth of the Channel and extended dovjnctrcnm for 6,'iOO feet before showing signs of dispersion. (17) An oil discharge was observed in Cottonpatch Bayou ndjucent to the complex of llorton mid llorton, Incorporated. The entire bnrijc-lockini; area wns covered with au oil slicli. The slick v/a:; tUepci-Klng Into the Clifiunel vatcrs and was clin;»ln;; to the southern chore-line. (10) Three oil discharges verc observed cnun.it Jng fron the Harrr.n Petroleum Corporation. One was fro:n the rii-.lil arri of the CorporntlouV; main dock witfifji the tiouth of Hunting Bayou. The other i\to wcrt cin.inaeini; frotn sliotclinb cfflucnL point.1;. These eciuvceu are locntcd 655 feet nnd 2,320 feet respectively doiin-chniinc). frou the cn.itcn tip of the uoirtlt of Hunt inf. IS.iyou. Tlitce slicUs .'ippcrccd to l Btatioiiary ,-incl covered Kont of the viilth of the Ohnnncl (FJf,vue C~f!). (19) Three of the four outEnllc irliacc locatlonn \rltliJn OHn Covpon rlon'a conpJ.r->: arc p.Iven in parngi cphr: «i, c and d l f>ivi-it ;ir. folJow;.: n) Tli2 niont upsrrcai.i position vnr. JIM fuel from the- i.ioln dot|V., nr.d v^iui furtiu r iclcnlif (t5: ftti (np.Mrw. i fj-f.'i Hit1 iiiriJn dock. It / |.'~lrr:n tl'.r t'-n l.iri'.rnt ------- areiis. Tht: elevation of this diccbarcc: point \rnfi nljjjhtly above the water surface. c) The third outflow was located in an Indentation In tl c aouthc'.rn shoreline approximately A20 feet downstream from the main dock. The discharge elevation was at the water's ourfacc. d) The fourtl outfloir was located 770 feet dounstrcam fijom the main dock, on the chord!ne within a large docltlnj; area. Tlio source of this outfloir appeared to be the five r.toiragc tfinUf configured in a rot/ parallel to the Gunnel's choreHnc. (20) At the time of this mission, seven discharge ucrc detected within the complex of Annco Steel CorjK>i:ation. Tlic first: vjao a Binall oil discharge frcxt z unall licncli wMcli in coninon to the boui c Armco Steel mut Warrcu Pctro}ru:ii Cor|ioratlon. A clinch, ., the Arr.ico Stct>l cor.plo: to the trcncli vas recorded. The was fil£u n r.n.ijl oil discharj-.e uiiosc rourcc Is located 01 'i'hc third effluent was quite i^-all durina this r.iisr.ion. approxlnintcly 370 feet iT«-:n;!lrcaii fro-Ji tlio. tfconj outCloi dary c from witliln cccond outflciv; the Channel's northern :;!mrc at surface level, fdjacent to the \tar.tc ttcatuiont plant It woo located The material dirr.MirjjuJ MO:; fn orfln^c r.ulir.tnncc tthlch \ine ntstuiucd to lie ferric ox id it. The fo-trlli c'ffl<«o-t VPO en oil dJfclctrjjo, c>ji(inniiii{; from f sul»Jtloii of tliic outfnll \|fli, 1,025 fiifl. flovuntre-T.i frc>:v tf»n ilnlid i!inc1inri;L<. '/'lit! fifth ouLJ'lo\; wno nluo oJl nnrl i.'iir, lociiftt! ?00 frt-S «!cr»r;jf tr<.-vn frwi tilt fourth. Tlic ulxth outflti1..' \ i'x n l.nrf;i"r rlfr«:Piarf;c of oJJ, lociitcd 2,000 feet! clo'./iint.iTfira f.roin tli'i fjftli. TWJ.'i. ('f'-.d^'c*1 rc::«!t<'l In t\n oil ul Icl: tlint cxtciMlt;d ------- 271 SSO feet south Into the Adams Terminal Ilasln. The ECV was a brownish-red substance being discharged Into the source was immediately adjacent to the sixth. Thia BU assumed to be ferric oxide. (21) A email vatcrvay projecting southward from the Channel between the complexes of Phosphate Chemical Corporatio Chemical Corporation. An overhead pipeline jiacsca ove near its mouth and connects Phosphate Cht-mical'c comp! Terminal. A ycllc«:;jEh-bro-jn substance wan being dlncl waterway anJ subsequently into the Ship Channel. The of thin substance was not dctenalncd at the tine of tl (22) Two shiys were docked at llit tcruinal on the caolern 1 Phillips Chemical Corporation (ccct of Ada;.-.-. Terminal] discharging oil into the Channel. Tlic resulting half the western shore of tlic watcruny ndjnccnt to thf two-thirds of tlic Channel':; width, respectively. (23) Ti.-o u were Aisc.\tzry,l\\z oil v-lLhin tli*' (; ltv*"'.i llit'., polnl . Tldr; efClucnl ir.i.'t flluffttufnz lido tho Ch'unuJ In n ].oi>8 rlltboiv- ------- 272 like configuration extend!FIR approximately halfway acraaa The chemical nature o£ tills Eul>!--t;ir>ce MB not determined n of flight. (25) A Inrgc effluent was recorded, cRanatint; from Ethyl Corpot skimming pond. This pond was located adjacent to the Chan southern shore. The effluent consisted of a yellowifih-brov).1 Rulistnncc which traversed th; entire v.-idth of the Channel and extend matcly one-third mile before it bcjjnn to th't Chanrifl uaterr.. The therranl iinrj;oi:y fro:n the I1U.S indicated that thi« effluent haul a characteristic temperature greater tlia flr.:Ment tcnperaluirc of tlic Channel (26) There was n small oi) slid: observed alon;1. thu f;cAitliiTii »;h Channel jiwt doi.T^trvnn fro:; tlic ra.ijn docl: of Tt-nncco Olicn Corporation. Tin.' rourcc of the oil IMS tin outflow locritcd downstream frm Tcnncco Clict.iisl Corjior.-.tJon'r. ri.-iin docV.. ini; nlict; was 1S5 ftct wide ciu! 375 feet Ion;;. A discharge of r. grl?!cl: MibctAncc flo'.icd fro;n c Chnnnc-1, the; ion's I's approxi- Jnto the c of the ul f,0 feet lie rc-i;ult- n nmnll dock SKI-, located J ,030 fee! dcvi>slrc.r: '. frti;:i Tcniu.-co Clivnilcnl Ccirj'ora- tlun'c main docl-.. Ihlr. ciilisl^ir.cc l.nj drifted nci'or.i; the Clliannel mid, at the tine of fjf~ht, r^pf-.-ixd lo IIP jit^tloiv-iry. Tlic c)i«;ilcnl niitvij'c of thla r.ulipi .'inrr v.-.t. ncvl dclcr.i-'fu'-i' rt the til wo of fUr.ht. (27) Two cUiuii'itn,", poir'.-: Jor.p.lt-.! lialtvjr.n tic; i-nlti dos'Mn;; ort'.T Of Tcnnoco oil. Thcnr pc/iifh; vc.rc otv-rrvit t lo lur dir.ch.tr^inf, Jlito tliu Chiilittel, Tln.T.c: dj'- ]ip.i:f,«:n \-ctr. virtually frit <•' o31 /it Ihr 15iiu- ri* thi! flighl'. ------- 273 (23) A moderate discharge of oil was recorded at the uutfnll on th southern shoreline of the Ship Channel Immediately downstream the Shell Oil Company docks, located in the Doggy Dayou B.iuir resulting oil slick was ribbon-like in width and extended dov, Channel nearly one-third of a nilc. (29) The thermal inaeery recorded by the 1P.LS indicated that the o from Pntrictc Bayou into the Channel vas agnin wnruur than tha temperature of Ittc Channel \.-aturs. The data also indlcntc-d t from The the tf low ambient at the pproxl- n flontlnc in (3J) A cIiJji van ohrtTvcd iri^r.h^rclni; oil In the dod:ii«r. ni'ca, locn cd between Tucl'.'jr Dayou1 wl IMiIllfiic IVirolcJn couple;:, on the n t horellnc of the Ship Channel. Hiic rctiilUs:;; oiJ, nlicl: rpjicnirtd to he rcr.uvinJr.s in the docJ'.in,^ nrcfli ami'' <"!'l not iJ':,yi:-;'! he diuclirrj-in,-; .1 cnal.l r.n&Kiil: of oil. .h^rclni; oil In the clot-Hit,", nrca, locn ------- 27'*\ AITI:;:UTX u HKAVY MI.TA1.S - IIOUSTOJ: Slill' CHANMlvl. Location Xn ur./l I'b Cu - JUKI; 19 7J Cr Sanplos collected al Morgans Point -June 23 Mile Mile Mile 5 :;t lllic Mile Ml. l.i- ;|| | (, 0 Surf nee 1/3 2/3 Hot toiii 2 Surface 1/3 2/3 Hot to.:i. /J •Jut'tieo' 1/3 2/3 tc Crit Slirfflr.T. 1/3 2/3 Hot ton 6 Snr f.iFf 1/3 2/3 Ilo[Lr,. > C fiirrr.'ic.T 1/3 2/3 Hot to:', JO r.urf.,fi' J/3 2/t 1. )t If.;, .13 r;,M. ;.,,.., i/'i 2 /'l 1,0 t t ( 1 < .15 < .05 < .05 < .05 < .05 < .05 < .10 < .05 < ,0!» < .05 < .05 < .05 < .03 < .15 < .03 < .If) < .03 < .(»!> < .Vj < .V* < .05 < .0'* < .fdj < J»'j < ,tr"> < .(Vj < .ff* ,'r'i < ,'t'j < .fl'V < '.n'i < '.f\>\ .?3 .23 .24 .27 .21 .24 .24 .23 .31 .20 .K. J'Ji .26 .27 .25 .34 .IS .71 .72 .25 .1'* .Jfi .72 .?'• .1'. .I/ .IK .?> .n .it, . 11 ft .71 .08 .07 .00 .10 .07 .01! .OS .10 .07 .07 .or, .07 .or. .on .or. .17 .06 .06 .05 ,0'J .or, .06 .or, .07 .or, .o/. .Of, .<)/ Jl'l ,<}(> .07 .'17 .03 .03 .02 .03 .02 .03 .03 .03 .02 .02 .02 .03 .02 .02 .02 .03 .01 .01 .OJ Cd in,"./] .06 .O/. .05 .06 ,0/i .O/i .05 .06 .05 .06 .05 ,07 .05 ,0/< .or. .06 .O/i .06 .06 ,OT .OIi .03 .03 .03 .03 .0/1 .n/i .O/i .03 .03 .03 . O/i . O/i .O/i ,0f> .<)/ .03 .»'» .03 .02 .03 .0.1 .O/i .O.1 ,0j "C O./i < .2 < .2 < .2 < .2. < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .:! < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .7 < .7 < .2 < .2 < .2 < .2 ------- 275 I.X U (Continued) HEAVY MKTALS - HOUSTO;.1 Sl'.IP ClIAKiJK]. - JUKIi VJ71 Location Mile Mile t-Ulc MUC Mile Mile 14 Surface 1/3 2/3 IJottor.r 16 Sur f ace 1/3 2/3 Hot Con 1C Surface 1/3 2/3 HotLon 7.0 Surface 1/3 2/3 Hot Coin 22 Surface 3/3 2/3 r,otlo:;i 24 Surf net; 1/3 2/3 DottOM 7.n n> mp/1 tni-,/1 < .05 < .05 < .05 < .05 < .05 < .05 < ,n5 < .05 < .95 < .05 < .05 < .05 < .05 < .05 < .50 < .05 < .05 < .05 < .01 < .05 < .05 < .OS '. .05 < ,15 .12 .15 .19 .24 .11 .13 .10 .21 .10 .34 .18 .22 .J-1 .13 .1C .74 .11 .17 .17 .23 .)f» .n .12 .2ii Cu .00 .05 .04 .04 .04 .03 .05 .06 .02 .04 .05 .05 .04 .03 .04 .07 .03 .02 .03 .Oi .07 .rt?. .02 .03 c:r .02 .02 .03 .04 .02 .03 .03 .02 .02 .03 .03 .04 .02 .02 .02 .02 .01 .02 .02 .02 .0) .02 .02 .02 ca „ •5&/.1 .04 .04 .06 .06 .04 .OS .06 .Cf> .03 .02 .03 .05 .03 .02 .03 .or, .02 .OJ .05 ,nc, "8 < .2 < .2 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 .02 2.0 ,03 < .5 .04 < .5 .or, < .5 liirr.rh Rt. llv.l SJHilil li'/y MUf cl';f' llayou 7.?..r) Mr S,'lllpl 01 .19 .02 .Ift .lit .JW .?< .11 3 M ",v,5., ™«i .ftf. .«.•", .fl'-i .17 .0) .13 .h.m 2/i ."7 .07 .fin .m .07. < ..'> < .01 < ..'> .03 < .5 .1)3 < .5 .03 < .5 .04 < .ft ------- APl'KHDIX B (Continued) HUAVY MKTALS - IIOUSTO:: Still' CIlANIlli!, - JUNIC lfJ71 Location Mile 2 Mile 4 5 Mile Mile 6 Mile G .06 ,f»7 Cr .09 .09 .09 .10 .09 .09 .08 .06 .06 .06 .07 .03 .06 .05 .06 .06 .04 .04 .05 .07 .Of, .06 .06 .Of, .06 .07 .07 .CJ6 .04 .07 .03 Cd J5H/JL .03 .03 .03 .04 .03 .02 .03 .03 .03 .04 .04 .04 .02 .02 .03 .O.'i .02 .02. .03 .03 .02 .0? HU _JIS/i < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .5 < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .2 < .2 .02 < .2 .02 < .2 .02 < .2 .02 < .2 .03 < .2 .07. < .7. ,n,'( < .7. .0? < .2 .03 < .?. ------- 277 APPENDIX il (Continued) HEAVY MCTALS - IIOUKTOK SHIP CliAKNKL - JUNI! 1!>71 Zn Location m,",/! Mile Mile Mile IKlC! Nile ML lr lluf ff 14 Surface 1/3 2/3 EJo C f niii! 16 Surface 1/3 2/3 Hoc Com 1C Surface 1/3 2/3 UotCom 20 Surf nr.c 1/3 2/3 UotLoi:; 7.1. Surface 1/3 2/'.i Hot I HI-. 2/i Surface 1/3 2/3 I'.dCltr.l ]o Ha you .13 .04 .02 .02 .02 .03 .tw .02 .02 .02 ,OA .05 .04 .03 .'3- .06 .02 .01 .07. .03 .02 ,0'T. .03 .fl.-i Wayside St. llr. .n;; ' Pb" BC/1 .17. .1A .16 .22 .16 .17 .13 .25 .16 .16 .20 at. .1C .16 .2f» .2fj .14 .16 .77 .76 .20 .71 .?(, ,y* .11 Cu .05 .06 .06 .06 .03 .07 .l« .07 .OS .07 .11 .10 ,f!(. .06 .«J>6 .1* .0 ' .(Jii .06 .OP .Mi .tlj ,W» .fifi .07 Or Cd rar, / 1_ . _ wj\ / 3 .02 .03 .O/i .05 .0/4 .O/i .03 .O/i .02 .02 .03 .04 .03 .03 .0/1 .Oi ,0'i .02 .Oil .03 .07 .02 .07. .07 .02 .02 .02 .02 .03 .02 .02 .02 .03 .02 .02 .02 .03 .02 .02 .02 .0.1 .07 .07 .03 jy-'/i < .2 < .7. < .2 < .2 < .2 < .2 < .2 < . ?. < .2 < .2 < .2 < .2 < .7 < ,'.'. < .2 < .2 0.5 < .2 < .2 .03 ' < .2 ,07 < .2 .02 < ,2 .02 < .2 .03 < .2 < .03 1.3 Buffalo Buy ou llr.r Sll.MC o l'"y liuy SJrii'in 1..T., i.ii r.f . . liliycjll r?'. ilr|, I;,,- 7'/J llrli';.' lldi'iiu ni'.'ili! Til. llr. .11 .•"-. ,?« .10' .in .»" .17 ,10) .fit .*»? jty ,rt? ,'t? .'•? .o;i ,t\f> < ,;>1 < .2 1 .01 1,f> < ,01 ',).? < .03 0.2 ------- 278 CYAtiiur. - CIIAKM:I. - JUUE Date Location 6/23 6/23 6/23 6/23 6/23 6/23 6/23 6/23 6/23 6/23 6/Z:> 6/2 A 6/24 6/24 f./2/t 6/K 5 title tloi-i-au lUJc Hilc Mile ;Hle Mile Ililu Mile- Mile Hilc Mile UUo Mile Xilc Illli- Cut surfncc. 'o 1'oint 0 2 /, 0 8 10 12 !/• 1C 18 10 12 14 16 HIlclG CN ny./l < .0: < .0: < .0: < .0: .0: .0 .o< .0 .0 .0 .0 < .0 .0 < .0 .0 .0 ------- _ 279 "" " i Dr. J. Preslock MR. STEIN: Dr. Preslock, ia he here bhia morning? DR. JAMES PRESLOCK, CHAIRMAN WATER QUALITY CONTROL COMMITTEE FOR HELP ELIMINATE POLLUTION, INC. HOUSTON, TEXAS DR. PRESLOCK: Thank you, Mr. Chairmaji. Conferees, ladles and gentlemen. My name is Dr. James Preslock. I am :nairman of the Mater Quality Control Committee for Help Eliminate Pollution, Inc. I have my Ph.D in the biomedic.il sciences and I am actively engaged In research in this a::ea. We of HBP are an organization of voluntary citizens consisting of industrialists, housewives, attorneys, scientists, secretaries, and other disciplines, all striving for a common cause, the eradication of pol- lution in the Houston metropolitan area in which we live. Ladles and gentlemen, we at HEP are viliry dis- turbed at the aecretive atmosphere which was evident In drafting the recommendations of the Federal-State task force for the Oalveston Bay enforcement conference. We are also disturbed tfvat there were no representatives df ------- Dr. J. Preslock citizens' environmental groups allowed to parti the proceedings and that the meetings were not in Houston, where, if they were open, we could access to these meetings. We, firstly as citizens and secondly ronmentalists, want voting representation on bo Texas Water Quality Board and the Environmental Agency so that our views will be heard in the d recommendations such as have been proposed. To i j ! meetings is not enough. We want and must have ' i | representation. We, the citizens, are directly by the degradation of water and air resources ar concerned citizens want to and must be allowed • pate in the decisions made affecting the enviror which we live. Tha closed doot strategy now practlce< governmental agencies in determining environmen1 28o Lpate in eld here ave had s envi- h the Protection! i afting ofj have open oting j affected i d the o partici ment in by al prac- tices, such as these revised recommendations of the EPA, ! must end. Furthermore, all results from all studies con-j cernlng the environment and effects of pollution upon the1 environment and upon the quality of life must bus made available to the general public and not withheld. Special reference In this regard Is made to the ------- 2Rl Dr. J. Preslock supplementary report prepared by the Environ Protection Agency for this reconvened sessio ii The first Report on Pollution Affe fish Harvesting in Galveston Bay, Texas, was then made public. The supplementary report which was published in September 1971 was no nor the proceedings of the technical committee which resulted in the supplementary report and these present EP feel that 1 reaponsi- recommendatlons open to the public. We at H I this is a serious abridgement of governmenta bility to citizens. We feel that only in matters of national security should such procedures be 'and this certainly is not the case here. We this type of policy be ended by responsible nental utlng Shell- compiled and however, t made public ermitted, urge that representa- tives . However, although I condemn the Ei'A and the Texas Water Quality Board, if warranted, foi pressed supplementary report, I would also " commend the EPA for the two subsequent docui 1 the flup- ike to highly ents which were introduced yesterday. We certainly fedil that the introduction of more upeelflc criteria such as timetables is a significant improvement over the original recom- mendations. However, we feel that the long'-tcrm ------- _ 382 Dr. J. Preslock recommendations for the Galveston Bay enforcement con- ference for Region VI, EPA, is what we as environmemtal- ists will strive for and will work for with the EPA to achieve as standards here in Houston. Until furthtlr notice, at this point I will be referring only to the recommendations, which I guess I will kind of call Blue I Book I, which were originally under consideration by the I conferees for this conference today. I The revised recommendations submitted bv the j i EPA and under consideration by this conference have, in j I our opinion, only proposed to continue the Galvesj;on Bay | 1 study essentially as it is under the direction of the ', 1 Texas Water Quality Board, with little or no direction j ! ] i from the EPA, but with some assistance on some aspects | i I from the PDA and the Texas Health Department, with prog- I i ress reports to tie made at soce times specified end i otherwise unspecified intervals. As we know, the Galveston Bay study was initiated In 1967 JTor Initial completion in IfM! at an [ estimated cost of (US,5 million. The origin?"; and initial I { bime 1.1. nit for specific recommendations from the study has arrived, hut yet the recommendations Tor the recon- vened conference propfve to continue the study, the very ------- 2fl'3 Dr. J. Preslock implementation of which is open tc; severe criticism. Now we are asked to wait at least two more years for results of a study the conduct of which is open to criticism. This controversy surrounding the conduct of the Galveston Bay study certainly will only t(snd to make the conclusions themselves controversial and not definitive. But in the meantime, indust y and municipalities will continue to discharge into t\ e bay. We are, however, anxiously awaiting fo the release of specific aspects of the study which w:.ll be available in December and which will inform us t at the water of the bay is, and I quote, in good health unquote. Any final conclusions will, however, await criti al ainalysis and confirmation of the available data independent studies. We at HEP believe that it is neceusary: to con- duct an additional study of Calves ton Bay. This new Sltudy, an intensive waste source survey, should be con- ducted in a concerted effort by the EPA, the Texas Water Quality Board, and volunteer technical staff of citizen environmental groups to insure that valid, meaningful data is obtained. The Galveston Bay study should not be |part of this survey. The study must include determination ------- Dr. J. Preslock of the nature and amounts of both industrial and pal waste sources at the point of discharge and t effects of these discharges upon Galveston Bay wa and commercially important marine speciesj such a and shrimp, which habltate these waters. This st emphasize the effects upon water quality and marl of discharges of bacteria and viruses from waste raflint plants, complex organic compounds such as oi i grease from petrochemical plants; Inorganic heavy ! '. such as mercury, lead and chromium; colored disch nunici- • era a oysters' i udy must, ne life treat- l and metals arges from paper plants and steel mills; thermal discharges i from power generating plants and any other compounds dis-j I i | charged from municipal or industrial sources which are j considered by the particijr.*1';s as potentially harmful to , I human or marine life. A progress report on results of the study should be made to the conferees within six months of the reconvened session. It is evident from the quality of the water in the Houston Ship Channel and Galveston Bay that the present levels of industrial and municipal discharges permitted by the Texas Mater Quality Board will not result in any improvement of Mater quality in Qalveaton Bay. Texas Water Quality Board reports that industry ------- Dr. J. Preslock generally is in compliance with permitted le the ship channel, an anaerobic cesspool, and remain in a seriously degraded condition. F of the bay is closed to shellfish harvesting hydrocarbons in high amounts nave been founc However, the permitted levels of d by industrial and municipal sources were ill in our opinion. The polluting industries si what effluent standards they needed to opera permitted levels were adopted by the Board a been adjusted upward to meet individual indu demands. For instance, B. I. duFont waste c orders, March 29, 1967, as compared to March Waste Control Order Volume monthly average ^,300,000 g day, March 1967. March 6, 1971, monthly vo] 285 els, yet the bay fty percent Oil and in oysters. scharges conceived, ply reported e. These d since have trial ntrol 6, 1971, lions per me 9,500,000 I gallons. i Total suspended solids, 1967, 35 nig/1; 1971, 50 mg/1. However, BOD, COD, oil and grease did not change in relative concentrations. However, In terms of pounds per d(ky, the data demonstrates: ------- 286 Dr. J. Preslock Total suspended solids in 1967 were ], 257 pounds per day. In 1971 they are now 3,990 pounds per day. BOD was 1,795 pounds per day, is now 3>970 pounds per day. COD was 7,192 pounds per day in 1967, Ls now 15,900 pounds per day. Now, we have heard the contention that BOD in the channel has decreased from estimates of 363,000 pounds per day in 1969 to lWi,OOO pounds per day presently, with July 1971 levels at 103,000 pounjls per day. 11 BOD has been defined as, and I quote, ihat organic carbon converted to ralcroblal cells or t\> carbon dioxlae by biological metabolism, due to the mic::obial species present, in the time Interval allowed unjler specific test conditions." The BODc test is intended to: ! 1) Measure biodegradable carbon in oxygen equivalents; 2) Define process performance in termm of fiODc removal; 3) Predict oxygen requirements for thus pro- cess performance; ------- 28? Dr. J. Preslock U) To provide rate data of significar process design and to effect of waste discharge receiving stream. Needless to say, these are ambitious for a test procedure which frequently is using organisms not remotely related to those r for or capable of degrading the waste substance ce to on a tion. As Mas stated in the Federal report t conferees, the 5-day BOD is not a satisfactory of the potential effect on water quality of the [oals tonducted q uired in ques- the Indicator Galveston Bay system since the toxlcity or growth limiting action of many of the industrial wastes entering Qal- veston Bay and its tributaries tend to inhibit oxidation of organic material. This is particularly true of petro- chemical effluents due to the large number of complex waste compounds not immediately susceptible to biological degradation. So it is possible that the reduced BOD levels which we have heard so much about actually reflect an Increase of petrochemical and related effluentm in the Houston Ship Channel and not any decrease in pollution, per se. ------- 2RR Dr. J. Prealock Since we have heard so much about the BOD levels as a Justification for increasing per discharges and since BOD is such an unreliable end mis- leading parameter, what of other parameters such suspended solids, oil and hydrocarbons, mercury, cadmium, coliforra, salmonella, total organic detevmina- ; tions, dissolved oxygen, and ferric oxides, which are alii parameters which we should look at before we determine whether the channel is getting cleaner or not? all of these parameters have been determined in scientific manner, the claim that the Ship Channjel is getting cleaner really is not relevant. Let us propose that BOD and COD be drdpped, be • discontinued as parameters, and instead a total lower mitted I as COD, cyanide, So until ' a valid organic determination, TOD, which involves infrared spectroscopy, j be substituted as a more valid and meaningful method of monitoring pollution levels. The self-reporting system initiated by the Texas Water Quality Board to assist in the Galveston Bay study has been helpful in that the industries report to the State what they are discharging into the channel and bay and in what amounts in order to determine whether they are in compliance with the Texas Water Quality Board ------- Dr. J. Preslock permitted levels. This agreement was reached bet Texas Water Quality Board and the polluting indus the Texas Water Quality Board promising the Ship industries that the data would not be identified specific plants and would not be used for enforce purposes, and I have quoted this almost verbatim Science magazine, February 1970. This system has revealed a significant norconnpliance by industry municipalities of existing permit levels for spec effluents In that by merely reporting its dischar significant number of industries and municipaliti discharging in excess of perraitted levels with im However, the permitted levels themselve; inadequate, are much too high, which really makes pllance or noncompliance a moot point. In fact, 1: 289 leen the ;ries by hannel or nent rom ind fie es a s are unity. are corn- some instances permitted levels are three to four timeii as high as actual levels being discharged, thus demonstrat- ing that permitted levels must be greatly tightened. For example, Southland Paper Company permitted COD levels,166 ,flOO pounds per day. Actual reported levele 35,921. For Southland Paper Company, BOD permitted levels '1-1,700 pounds p<»r day. Actual reported levels ------- 290 Dr. J. Prealock 3,l4l pounds per day. Humble Oil & Refining Company BOD perm discharge,10,425 pounds per day. Actual dischar pounds per day. COD permitted discharge,41,700 pounds by Humble Oil & Refining. Actual reported relea j pounds per day. I j These are a five times, a fourteen tim I and a half times and a two and a half times grea i mltted levels than reported discharges. These a i few of examples. The list does go on. Also the ! values reported by industry under the self-repor ; system with no enforcement procedures in effect. j The intensive waste source survey we p as environmentalists should result In a new set tted e, 4,016 er day e,18,025 twol er per- e Just e are ing opose f per- mitted effluent standards which will achieve adriuate I water quality in Oalveston Bay along with abatement pro- cedures and precise timetables to meet these revlaod effluent standards. A 90 percent reduction from present levels may very well he necessary to achieve water quality in the Houston Ship Channel and dalveaton Bay. In the meantime, the present permits should bo tightened to more accurately reflect cffl-jcnt levels necessary for ------- 291 Dr. J. Preslock desired water quality. This situation of self-reporting and must be brought to an immediate end. The Texa Quality Board and Environmental Protection Age initiate enforcement procedures which will inv monitoring of effluents from specific industri municipalities at frequent unannounced interva emphasis should be placed on the larger Indust are the greatest dischargers. In fact, great should be placed on all industrial sources, si are responsible for nearly 75 percent of all p in Galveston Bay and the Houston Ship Channel When industries and municipalities a be in excess of their permitted levels, Immedi action should be taken against them to bring t compliance with their new permitted levels det impunity Water cy must Ive the c and s. Specia]j I ies which ! mphasis ce they llution e found to te legal em into rmined by the intensive waste source survey. Serious consideration should be given to an Immediate cessation of a.ll industrial plant activities if deemieti necessary by enforcement officials. The enforcement personnel for such procedures should be made available by Increased State arid Federal expenditures. The self-reporting sytitem as such should be maintained with the data raade public. Industrie!! which ------- Dr. J. Preslock are exceeding their permitted levels and those w exceeding their reported levels as determined by ment procedures muat be subject to immediate aba and prosecution. It is apparent from the original and r recommendations that the condition of oysters fr veston Bay in regards to suitability for human c tion is in question. It is one of the reasons t are here. The EPA studies have demonstrated tha taken from Oalveston Bay are high in oil and hyd content from industrial sources. It is our position that the study to d oil and hydrocarbon residues in oysters and the ological and viral acceptability of shellfish ha areas be conducted by the EPA in conjunction wit! PDA, the Texas State Health Department and the T 292 ich are enforce- ement vised m Gal- nsump- at we oysters| ocarbon termine acteri- vesting the xas Water Quality Board, along with technical staff irrom local citizens and environmental groups. The otijdy should include the determination of oil and hydrocarbon residues along with bacteriological and viral levels of both oysters and ttoe waters which they habitate. The sampling should tve conducted throughout the year at a minimum of twice weekly for all designated ------- Dr. J. locations, with special emphasis placed on obta oyster and v/ater samples from open shellfish ar the most unfavorable hydrographic and pollution ditions. These conditions should be defined i period of time dluring or following strong north northwesterly winds and/or during or following rainfall on the north and/or westerly shore of Bay. The methodology and criteria used to dete oil and hydrocarbon levels and bacteriological viral toxlclty of oysters and waters should be available to the public. Progress? reports, inc dates and recommendations—Including data---shou public within six months of this reconvened sea 293 .ning sas under con- that or eavy Jalveston mine ind ade uding d be made ion. Once alert levels for acute and chronically toxic or growth-inhibiting parameters are set by the Food and Drug Administration, a continuous monitoring of oysters and shellfish froii Galveaton Bay should be conducted by the FDA, the EPA, and the Texas 3tato Health Department to Insure the public of the edibility of bay oysters ami fihellflsh. The effective dlsiDnf octJ on of all domcotlo wan be nourceo ahowlid *w coti^iicte^ *n a Joint effort, of the EPA, fchc Tnxaa Mater ^amD5ty Board and technical ------- Dr. J. Preslock staff of citizens' environmental groups. The Texas Water Quality Board policy of centralizatior possible,should be implemented, with the par determining when It is possible to central!? disinfection should include a minimum of prJ secondary treatments with water reuse for aj and industrial purposes. An implementation for effective disinfection should be made a allable with- in six months of this reconvened conference Special note here is made of the tity of Hous- ton's inadequate wtste treatment program. should implement an immediate plan for effet , whenever icipants e. Effective mary and ricultural schedule he city tive dis- infection of all waste sources, with consideration being given to a sewer tax based on the rate of waiter use to finance such a. plan. The cost of dredging; the Houston Ship Channel by the Army Corps of Engineers, estimated by EPA as nearly $3 million per year, sJiiould be passed on to the Industrial and municipal plants responsible for the organic and Inorganic sludge. These plants should pay for this dredging on a prorated hauls according to the nature and amount of their discharge. The dredge mater- ial should be disposed of in (suitable landfill areas, ------- 295 Dr. J. Preslock With special emphasis placed on preserving the natural ecology of the landfilled areas. Chemical constituents causing color edid odor in waste effluents, such as those from pulp and imills, should be reduced to natural background paper iccurring In uncontaminated water areas. A report on feanible processes to accomplish this recommendation should be submitted bo the conferees within six months. No discharge—although this is not something toeing considered by the conferees, I am still gc Ibrlng it up, since evidently the Houston Lightir ing to E & Power controversy Is now going to go to Washington where we will not have direct access to it. I am still going 1to state our position on the Houston Lighting I'c Power Controversy. We feel that no discharge of cooling water from IFabbs Bay into Trinity Bay by the Cedar Bayou plant of Houston Lighting it Power should be permitted. Instead, Houston Lighting & Power should be required to abate the waste heat load by incorporation of a system utilizing recirculation and reuse of cooling water for all unite at the Cedar Bayou plant, as recommended by the Environments! Protection Agency. However, Houston Lighting & Power ------- ...,296 Dr. J. Preslock should not--and we feel very strongly about this--Ho aston Lighting & Power should not be made a scapegoat by tie Environmental Protection Agency and as such be the only polluter on the Ship Channel against whom the EPA takes a strong position. The EPA should also take strong positions against other Ship Channel industries Mho are discharging toxic or potentially toxic substances suich as oil; grease, and other complex hydrocarbons, heavy metals and suspended solids, and against municipal waste j treatment plants which are discharging heavy concentra- tions of bacteria and viruses into the channel and pal- veston Bay. We propose that a study be Initiated to study the feasibility of storing and treating water from storm sewers and hayous. Tfoe dirt, oil and grease on cily streets and highways are washed into the bay through the storm sewer system following periods of h»savy rainfall. Immediate consideration should toe given to the construc- tion of storage and treatment facilities Tor processing this waste effluent. At this point I would like to depart from the original recommendations for which this conference was convened. Now I would like to discuss the two subsequent ------- Dr. J. Prealock documents made available by the Environmental Prott Agency at yesterday's conference. We agree and we strongly agree that the recommendations of the EPA which are currently being dis- cussed certainly is a marked improvement over the origina recommendations for which this conference was conv< The timetables and BOD levels stipulated are commendatory However, we believe that the long-range proposals f;ug- gested by the EPA art what should be adopted by th:.s con- ference. I will take selected recommendations as e'xamplen and present available evidence from the September lj.971 supplemental report as to why these recommendations should be adopted. Recommendation Ho. 1, the long-term rangd pro- posals. The Food and Drug Administration,, in coopdration with appropriate State regulatory agencies!, continue their recently initiated study of oil and hydrocarbon residues in oysters taken from Calveston Bay with the objective of determining toxlcological effects, if any, of such concentratior.s. Thesie data and any evaluations shall be made available to the conferees of tho Oalveston Bay enforcement conference. It In our position that It Is important to not« 297 ction evised ned. ------- 298 Dr. J. Prealock in the supplementary report that FDA'a preliminary results are not inconsistent with that reported earlier by EPA in regards to the concentration of hydrocarbons in oysters. It appears that the concentrations in oysters may range from 11 ppm to 4b ppm in approved areas and 33 ppm to 159 PP"i in prohibited areas. These values are from two to six times higher than oysters from West Falmouth Harbor, Massachusetts, which was closed to shellfish harvesting by that State. The present FDA position is that a hazard does not exist in consumption of oysters taken from approved areas in Galveston Bay. The report states, and I quote,"Without regard to the significance the findings may have with respect to petroleum levels in health contamination the concentrations of specific aromatic hydrocarbon com- pounds isolated are not presently considered significant from a toxicologlcal standpoint to warrant necessary regulatory action. The study is continuing.'" And I end quote. These aromatic hydrocarbons, dimethyl, tri- methyl, tetramethyl, biphenyl methyl fluorene, do not naturally occur in oysteru and are common components of crude oil and many refinery products. ------- 299 Dr. J. Prealock I further quote from the report: "The heavy metals concentrations in taken from Galveston Bay are relatively low shellfish compared to certain levels in shellfish in other southern or eastern bays. However, the major concern in present information is that no official criteria are available for general circulation as to the of any levels of heavy metals or other toxic found in oyster meat. Alert levels are now by the Food and Drug Administration and have sented, I understand, at the National Shellf tion Workshop," which was held last month. MR. STEIN: Dr. Preolock, do you h copy of that statement? DR. PRESLOCK: Ho, sir, it is kind ing this presently significance contaminants jeing developed been pre- Lsh Sanita- ive another of all written up in— MR. STEIM: All right, go ahead. DR. PRESLOCK: I will have it typed. MR. STEIW: It is kind of a long one, and if you ever have a copy it should be given to the reporter. DR. PRESLOCK:: Yes, I will have oma available for you. MR. STEIW: All right, continue. ------- . _...... ._ ..3°.°. Dr. J. PreslocK DR. PRESLOCK: It is Just that I wrotle it last night after looking at your recommendations anq had to make quite a few changes. MR. STEIN: I saw her working so harcj, I had hoped you would have a copy. DR. PRESLOCK: Yes, sir, I will gladly provide you with a copy as soon as possible. I ! MR. STEIH: All right, t.hanV. you. j ! DR. PRESLOCK: Let's see, where am ij "The heavy metals concentrations in shellfish taken fron Galveston Bay are relatively low compared to certain levels in shellfish in other southern or eastern bays. However, the major concern of presenting this information is that no official criteria are presently available," and I believe I have already discussed this material. I will take up with saying, "The FDA will revlev these alert levels for trace metals, pesticiddio and various toxic hydrocarbons, ac well as the technical con- Dlderationo in developing them, with the Environmental Protection Agency prior to the uorUnhop. Theao levels, when adopted, will apply to CalvcEton May." I would like to ;-:now 3f anyone from PDA can ------- 301 Dr. J. Preslock tell us if these criteria have yet as of this point been developed and established? And, if not, when do you expect to have them and if you do,do you have any con- siderations or any conjecture as to how the Olives ton Bay oysters will fit into your criteria? If not, I will go on. I am now referring to Recommendation 3 of the long-range proposal. Effective disinfection of all wasts sourcet, contributing Facteriological pollution to the Galveston Bay System shall be provided. I am also referring in my data reported to numbers 3, if and 5. I am not going to read tliem because most of you have copies of them and to do so would be redundant. However, I an going to once agaiji quote from the supplemental report. There are 112 sources of domestic waste permitted to discharge to the Houston Ship Channel amounting to 157 mgd. Of this total, 37 sources or 33 percent are In violation of BOD permit requirements; 4-7 sources or 42 percent are In violation of suspended nolldo pflrmLt requirements; and seven sources or 6 ------- 302 Dr. J. Preslock percent do not provide effective disinfection as required. Municipal wastes account for 31.5 percent of the actual waste flow to the channel; 3^.5 percent of the actual BOD load; and 29.8 percent of the suspended solids load. The city of Houston's Northside and Sims Bayou municipal waste treatment plants discharge effluent which is in substantial--! repeat substantial—noncompliance with Texas Water Quality Board permits. These two plants account for 39,596 pounds per day of BOD (28 percent greater than permitted); and 61,452 pounds per day of suspended solids (258 per- cent greater than permitted). Furthermore, neither of these effluents, accounting for 55.5 percent of the dotaestic waste flow, ware receiving effective disinfection through July 1971. Although a form of chlorination was Installed at the Morthside plant during! June 1971, the aystera has not been operating for much of the time due to maintenance prob- lems (according to the September 1971 report). The Houston Ship Channel la the major source ------- Dr. J. Preslock of bacteriological pollution contaminating shell- i fish harvesting areas in Galveston Bay. Improp- erly disinfected domestic sewage effluents fron the Northside and Sims Bayou plants are the principal sources of excessive bacteriological contamination in the Houston Ship Channel. Neither of the plants is obtaining the waste removal efficiencies for which they are de- signed. Measurements made by the EPA in May 1971 Indicate that Buffalo Bayou is covered with sludge from the effluent of the North- side plant for 2,000 feet downstream at the outfall. The depth of this sludge blanket was conservatively estimated at 6 inches. This sludge accounts for approximately 13 percent of the total voluoe of material dredged in the bayou during Hay and June 1971. I would now like to go to Industrial sources. I am now referring to Recommendation no. 6. A Joint waste source survey shall be con- duotod by the Texas Water Quality Board in cooperation with EPA, and I will not repeat any more of It. Moat of ------- •504 Dr. J. Freslock you, I am sure, have copies of it. I would also like to refer to No. 7, Ho. 9, No. 10, and No. 12. And these, of cour referring to are the long-range goals of the E mental Protection Agency, as we were told yest report; Once again I quote from the suppleme There are 117 sources of indust waste to the Houston Ship Channel, amount to 341.2 mgd. Of this total,3^ sources, No. 8, e, I am viron- rday. tary ial e- 29 percent, are in violation of BOD requi merits; ^3 sources, or 36.7 percent, are i|i vio- lation of suspended solids requirements; and 23 sources, OT 19,7 percent, are in violation of COD requirements. Of the major industrial sources listed, two, Rohm and Haas and the Olin Corporation, are presently in violation of permits on a pounds per day basis. If this since has been changed, please feel free to correct me. Now I would like to mention that tbo largest waste dlnchargera for the Houoton Ship Channel have been mentionerl :ln the report. ------- 305 Dr. J. Preslock I would now like to read to you these largest dischargers and enter it into the public of this conference. These largest dischargers as reported by Environmental Protection Agency in their report ar Ethiyl Corporation, Diamond Shamrock Corporation, S Chemical Company, Shell Oil Company, Rohm and Hass Steel Corporation, U. S. Plywood-Champion Paper Co Huirtble Oil & Refining Company, Olin Corporation, Ssuth- lanjd Paper Company. Of the municipal waste treatm »cord the 9 the lell . Armco npany, ent plaints, Sims Bayou and Ilorthslde Bayou. The 10 industries I have Just listed accbunt for1 58 percent of the actual BOD discharged, 83 percent of the suspended solids, and 75 percent of the BOD from all Industrial sources to the Houston Ship Channel. (The table referred to above follows:) ------- TABLE III-3 LARGEST WASTE DISCHARGERS - HOUSTOS S11IP CHANNEL FLOW /fl^lj)) Source I-il-'^-r* al Sources E-hyl Corporation Diamond Shamrock Corporation ; Shell Cheaical Conpany SV>i+l Oil Company -T,ohs ar,d Hasa Corporation Ar^^o Steel Corporation U.S. Plyv^od-Chanpion Paper liable Oil and Refining CS/&rt Pern. N.R. 127643 15300 4301 5790 18248 36696 14595 9455 41700 8006 9174 290903 17130 Arifc. ' 7157 46588 10400 1846 8300 S 10738 47600/ 4307 15986 tX 2849 32153 29299 217223 61A52 COD /h$/pjy Perm. N.R. 211043 50900 19480 10900 64618 146784 41700 17129 166800 Cl2Scs. 72935'. Act. ' 18019 109589 29800 6349 26600 •" 33867 101500 18025 N.R. 35921 -0- -0- 3S0170 «;'- I - .'; *Actx£iL valaes represent treated effluent as dclincr.tcd in U.S. Pljtx-ood-Ch.-jnpion Pcper Company stctcncut to the Conferees. ------- Dr. J. Preslock DR. PRESLOCK: Concerning actual waste with permitted levels the report states: It is not possible to make a direc comparison of the compliance with permits b the aggregate total of waste dischargers sin in many cas*>8, permit values were not listed the self-reporting data. The reverse situat is also true; that is, actual discharge valu in some instances are not reported for certa permit parameters. In general, and with the above qualifications, most sources are withi permit requirements on a pounds per day effl basis. A large number of sources exceed pet 307 iffluente in on n ent it requirements on a concentration (me/I or ppn basis; however, the allowable waste flow is usually so much greater than actual waste f),ow that conversion to pounds per day brings the waste discharge under the pounds per day figure implied on the perrnito. The Texas Water Quality Board considers the concentration which exciiieda the allowable concentration to be a violation of the permit, And I end quote. So waste sources at this time are permitted to jiaiiraase_con.tieQ.tratioi:L_throufttudilution, techniques . _W.e ------- Dr. J. Prealock are very encouraged to see in the present recommendations that dilution will be prohibited as a method of decreas- ing at least BOD. But on the other hand, what of COD, TOD, dissolved oxygen and other such parameters? I realistically could go on and on. I certainly have much more data that I would like to report. I think I have pretty well covered what I want to say without belaboring the point. Gentlemen, we have a big job ahead of us stop the rhetoric, let's stop playing games, let's 308 Let's get down to serious business. Of course my speech here or my talk to you here is somewhat anticlimatic because I am sure that most of you have read this morning's paper and know that the United States Senate just passed the Muskie Water Pollution Control Bill yesterday. So we must live in this light. We have bo get down to work here; we have to clean up the Ship Channel^ we have to clean up the bay; Me have to clean up the air in the city, and let's once again make Houston a beauti- ful city in which to live. Thank you. MR. STEIK: Thank you. (Applaune.) MR. VANDERHOOP: Mr. Stein, I would like to ------- 309 Dr. J. Preslock commend Dr. Preslock for a well thought out and accurate statement. I thank, you, sir. DR. PRESLOCK: Thank you. MR. STEIN: Mr.Yantis. MR. YANTIS: Well, I gueaa I could several hours challenging in part some of th "accurate." I do think that the Doctor put of thought on it, but there is a great deal mation in the paper. time. DR. PRESLOCK: Sir, I stand correc MR. YANTIS: It could be discussed and I really see no point in boring you with But I simply Mould like for the re that Just because the paper is not discussed does not necessarily mean that we concur wit nd critical spend word great deal f misinfor- ed at any for hours, all of it. ord to show in detail all of it. The paper or the remarks do include a great deal of personal opinion about the way government should be carried out, the way representation, should be provided for. Yes,, you did put a great deal of thought on it, but it does not mean that all of your facts are correct or bhat the interpretations all are correct either. Beyond that, unless we want to spend days and ------- 310 R. C. Sutter days, I don't really see any merit in prying to discuss it a point at a time. questions? MR. STEIN: Are there any ot > If not, let's go on. R. C. Sutter. R. C. SUTTER VICE PRESIDENT OF TECHNOLOGY DIAMOND SHAMROCK CHEMICAL CJOMPANY CLEVELAND, OHIO ler comments or MR. SUTTER: Don't v»orry, I am not going to read all of this. Mr. Stein, Mr. Vanderhoof and Mr. Yantis. I find myself in a somewhat •- MR. STEIH: Why don't you identify yourself first. I MR. SUTTER: I am Mr. R. C. Sutter, Vice President of Technology, Diamond Shamrock Chemical Company. I find a,,self in a somewhat ambigous position commenting on something that has not been presented to the conferees. I will explain thla In a minute. ------- R. C. Sutter I must further apologize to the Chai not having a typed copy of ray statement, which happy to provide later. The fact of the matter is that I came to the conference with no intentions tc but the developments of yesterday prompted me my mind. We came to this conference with only ment and recommendations of the Federal-State Task Force, which was mailed to all who had perticipated in the June conference. We thought It reasonable to assume that this statement set forth the conse opinion between the Federal and State conferee a reflection on the agreed facts of the situation. We felt further that this program would result ir tlnuing improvement of the Ship Channel and tf 311 rman for I will be apeak, to change the state- Technical nsus of s and was the con- e Qalveston Bay and saw no reason at all to repeat our previous statement. I'm mindful of the Chairman's auggemtion that we not plow old ground. However, when one finds that he has done a poor Job of Blowing, he hasn't much choice but to do the Job over., Much to my surprise, and I guess to the sur- prise of many others here, the Federal conferee utated ------- R. C. Sutter that the recommendations didn't reflect his proceeded to read into the record recommendal gestions to the Texas Water Quality Board as revisions to the recommendations of the Fede Technical Task Force. Mr. Vanderhoof allude same time to a summary report dated August 1 confirmed the EPA earlier report discussed a conference. No such report was made availab of us attending the conference nor, to my kn the Chairman and the State conferee, and 1 u by this morning's action this has now been c I did note, however, that the repo tributed to th news media and elected offic yesterday. If tny memory serves me correctly the way the June report was originally distr osltion and ions or sug- well as •al-State at the 71 which the June e to those 'Wledge, to derstand rrected. t was dis- als present this was buted. And it is about this report that I wish to commeint. I was first curious about the method of re- lease or the lack thereof. I managed last night to secure a copy of the report, which is titled, "Supple- mentary Report to Ped«ral-State Technical Tliisk Force of ji Qalveaton Bay Enforcement Conference-Working Paper Only, which ia dated September 1971. Thin report purports to update the data presented In the orl/rinal Federal paper. ------- R. C. Sutter I think many attending this confererce will find this report interesting reading. I noted interest that the only concession made to my earlier statement about the basic and serious error i i analysis of the earlier data was the following statement, quote: Many of the industries presenting statements to the conference were concerned that the effluent figures quoted in the Federal report were not representative of waste production within their plants due to the degraded quality of the intake water. It is presumed that the self-reporting data submitted by waste dischargers to the Texas Water Quality Board tafce this factor into account and that all values quoted are repre- sentative of actual waste discharges. Unquote. Now, I thought I had been quite cleair and quite specific in my earlier statement that the data, did not take Into account the quality of the intake water. The Information is available to the EPA and data as recent as April 1971 la a matter of the record of this conference. In the case of Diamond Shamrock at Doer Park, we use approximately 150 ogd of water, 95 percent of which 313 with some ------- R. C. Sutter la once-through channel water used for cooling. quantity of water represents close to 25 percent This of the total wastewater flow into the channel, and the erron- eous assumption that the total content of this water represents waste discharge by Diamond Shamrock completely invalidates the conclusions that are based on thi assumption concerning waste loadings in the channel. 1 This is the point made in June, and I now find that the I i same error is perpetuated in the supplementary report i I given yesterday to the news media. Also, Mr. Stein, you may be personally Interested in some of the data related to mercury The report states that the Sims Bayou and Horthside nunici- pal sewage disposal plants are discharging l.'l pqunda of mercury per day. As you know, there In no chloralkali plant In the Nation discharging this quantity of mercury. You may also be interested In the fact that analysis of the lower reaches of the channel, that is from mile 10 to mile zero, shows less tr.an l."J pounds per day of mercury and a concentration of less than 0.2^jp/l, that la ppb, which l.a pretty clone to natural background in sea wator, and drinking water standards, as you know, ar« 5 PPh- I wan particularly lbur>hler! and at the namo time ------- R. C. Sutter enlightened yesterday by the intemperate atta Yantls and his staff and the Texas Water Qual There have been times when I have felt the sane way, not because I felt the Texas staff was too lenient and flexible but because I thought the staff was unreasonable and rigid. Like all such questions, there is probably a little truth in all positions, and in all positions they are taken sincerely. But the enlightening pait of the episode, however, should be the realization tfrat the Texas Water Quality Board has a dual function- and improve the quality of the waters In the £ it in a healthy economic climate. Whose intei served by the Board if they are successful in objective and who is hurt If the Board fails :' 315 k on Mr. ty Board. -to protect tate and do est is being this dual n either objective? All of us, industry and citizen groups alike. Thank you. (Applause.) MR. STEIN: Thank you, Mr. Sutter. Are there any comments or questions'! I do believe, Mr. Sutter, you have raised one question that is a national question. That iin on mer- cury, and as alwaya I think you have been very perceptive on these matters. 'tfo have had a program wherein I think chlor-alkali ------- 316 R. C. Sutter industries in other plants have reduced their mer discharges in a really dramatic manner, generally to around 0.1 of a pound per day. However, we do below major cities throughout the country content mercury in terms of what we found here--1.4 to 2 a day or something of that kind. The problem may that we are getting that from many diffuse source city, and this continues to be a problem. I woul out that I don't think this is unusual in relatin municipal wastes in this area, as compared to oth analyses of municipal wastes we have done through country. I think it is something we have to face I think I may have done this last time, ury down find of ounds be in a point to ut the up to, but I would also like to point out that when we had the mercury problem we had full cooperation from Diamond Shamrock. In working out the program we nay have had some philo- sophic differences which we resolved, but we really didn't have any differences on data and what the facts were. We arrived at a program, which I hope was satisfactory to the industry And the States concerned, In which Diamond Shamrock and other companies had their plants located-- arid I don't want to Indicate S>y any meano that they weiren'b one among many who were discharging to streams ------- 317 R. C. Sutter or that that was satisfactory to all. Now, again I think we have said man;) times, and I hope the schedules reflect this, can clean up pollution by shutting down an Industry or putting a padlock on the city hall. You don'i; need specialists or experts or people Like we have here to do that. The challenge Is to keep the cities In a situation where they can grow and to keep Industry in a competitive position where Industry can grow and flourish and still have clean waters, and this takes some doing. And I would say with a lot of the people here, this is what happens, I guess, when you are In public life--people have different views on various sldea. But as far as I am concerned, what we are doing is we are dealing with professionals in the States, In the industries, and I think In EPA, and more and more we are dealing with a professional expertise from the citizens groups. I do think we have to find some way where this la going to work out. Now, I may have a little different view, Mr. Sutter, than you on the manifestation of some of the statements here. Because I think when we get the Federal and Stats people or, as you indicated, Federal, State and , many that anyone ------- R. C. Sutter lere tends industry people or citizen groups together, t to be a certain amount of tension, if that t not present, then I look to see what is wrong kind of open society, tension is present betw among various groups, and that well may indicate things are normal. You can't expect us all to have ;he same snsion Is In our sen and point of view. So, in a way, I look at that , is a healthy sign. Some of you may recall that at the : there was a representative here from a company on the Ship Channel who used to work in the Federal Government with me and was, in fact, ray boss. A report name out of which he and I had personal knowledge, and in our view the report was untrue. I asked h: that and he said, "You know, some people askec sue for libel, but my reply Mas, when you are 318 .ast meeting certainly m about me to In public life, this is something you have to expect and you have to live with," I think we have to approach conferences of this type with that spirit or else we are not going to make It. Thank you, Mr. Sutter. May we go on and hear from Mr. Keith Ozmore. ------- 319 Hon. Bob Eckhardt THE HONORABLE BOB ECKHARDT U. S. HOUSE OF REPRESENTATIVES WASHINGTON, D. C. (Read by Keith Ozmore, Environmental Assistant) MR. OZMORE: Thank you, Mr. Chairman, First I want to introduce myself. Coiriing on the heels of a spokesman for a Ship Channel plan to make it absolutely clear to anyone here that an industry spokesman and I think after my statement that fact will be abundantly clear. I am Keith Ozmore, Environmental Assistant to Congressman Bob Eckhardt of the Eighth District, which at the present time extends to the Houston Ship Channel and beginning the next tern it will include the entire Ship Channel front the Turning Basin to Morgan's Point. I want to express the Congressman's regrets that he could not be here. I think those of you who know him know that he would be here IT he could be hnire, but there are important natters on the floor of the House this morning, including a hearing on a cancer control bill, which I know you will agree ia very important. MR. ECKHARDT'S STATEMENT IS AS FOLLOWS 5 Chairman stein amd other conferees, I first t, I want I am not ------- iSO Hon. Bob Eckhardt want to thank you for the opportunity to present a statement at this reconvening of the Galveston Bay pollution enforcement conference. Since I cou:,d not be here In person, I made my views known to Mr. William D. Ruckelshaus, Administrator of the Environmertal Pro- tection Agency, in a letter dated October 19, 1.971. did not intend to comment further, but situations have arisen which call for further comment. Just 12 days ago I learned tba^ t <•• ! report on Galveston Bay and Houstrr r>!;i|., Cnanne "> noIIn- i tlon had been made by the EPA cr.u that this information j i had not been released to the public. This date,, pre- i pared almost two months before the reconvening of this j conference, contains much Information which woi Id have been extremely helpful to environmentalists and citizens' groups. Withholding of this information distraisBes me deeply, since I cannot see how such citizen groups cen take a knowledgeable position on this problem uinlPsn auch data is released to them. I also was told that neither the Texas Water Quality Board nor the EPA Intended to release this infor- mation. 1 believe thin report to bo true, nlnce the only way in which these proupo were able to pot thio data was ------- Hon. Bob EcXhardt as the result of a letter from me to Mr. Bill McFa Acting Regional Administrator of the EPA in Dallas received this supplementary report on Friday, Octobe Just four calendar days before the reconvening of th conference. Mr. Chairman, failure to release this info tion was a disservice to those citizens on the Texas Gulf Coast who have worked so hard and yearned so lo for a cleanup of the Ship Channel and Galveston Bay These waters are not the exclusive property of the 1 Water Quality Board, its Chairman or its Executive Director. They are net the exclusive property of th EPA nor the Federal Government. They are the propel those citizens who live and work on ohe Texas Gulf C the citizens of all Texas, and indeed of all Americi .and, 29, ma- xas y of ast, s. They have every right to know governmental agencies' findings regarding pollution and what actions might be proposed to abate that pollution. I also Mould lik« to sufTgeat that fchio supplemental report bo Included ai) a part of bhese proceedings. MR. STEIN: Thiat ha:& heen -lone. MR. OZMORR: Thank yom, Mr. Chairman. Secondly, let me refer to a pooltion I took at ------- Hon. Bob Eckhardt the June conference. At that time I said that reports indicated that the EPA might be consid quote, soft touch, unquote, approach toward inJustrial polluters. Mr. John Quarles, an Assistant Administrator of the EPA, commented on my statement and assured me that this was not the case at all. However, if tha recom- mendations of the technical committee of the c >nference are adopted as they are now written there can be no doubt in the minds of millions of Gulf Coast residents that EPA is actually taking this "soft touch"approach. How else can one explain the lack of enforcement action toward industries? I want to repeat a statement that I letter to Administrator Ruckelshaus: The whol .322 press iring a, made in my e scope of these proposed recommendations is aimed at municipal polluters and Ship Channel Industries are gleefully chuckling at being able to hoodwink the Federal Agency. And later I will show that there ia evidence in your own supplementary report supporting this. At this point, I wo-»ld like to opeali: briefly of the relationship between the EPA and the Texas Water Quality Boar<1. First, it was evident from the atari; that the State of Texas intended to participate in tho June ------- Ron Bob Eckhardt conference with a chip on its shoulder, an attlttude that has persisted since the first water pollution control board was authorized in 196l--the attitude thab the Federal Government has no business meddling in Texas affairs and that the State agency was taking appropriate action to abate pollution. This attitude has continued and is borne out by testimony of Texas Water Quality Board officials before both the Senate Public Works Committee and the House Public Works Committee vjhich held hearings this past summer on new Federal water pollution control legislation. The State of Texas did not come Into this pollution conference to cooperate and work out a program to abate water pollution. It came into this conference defiant and determined to sabotage any meaningful efforts to curb pollution. And If you adopt these proposed recommendations, it Mill have succeeded. If there is any doubt in the minds of any Federal officieil here today as to the attitude and position of State officials, let me cite to you remarks by the Texas Water Quality Board'a Executive Director, Mr. Hugh Yantls, delivered for the Chairman, Mr. Gordon Fmlcher, at an industry-laden pol- lution conference in Houston jiiat last week. Mr. Yantifl ------- Hon. Bob Eckhardt said these things: 1) The EPA assumes that all industries are flagrant and wilful polluters. 2) The EPA assumes that State progran a have not coped with industrial pollution. 3) The EPA assumes that only the Fedejral Government holds the solution to our problems. I do not believe that the EPA assumes that all industries are flagrant and wilful polluters anil I do not think they are, but certainly the records of many indus- tries in my bailiwick certainly do not present nuch evi- dence that these industries have willingly done much to control and abate pollution. If the second assertion Mr. Yantis made as to the EPA's assumptions is correct, I tend to agree with that assumption as regards Texas. Our State prjogram has not coped with industrial pollution. The Statei of Texas has granted such "balloon" permits that it io Indeed hard for an industry to violate those permits, and I am told that when an industry goes to the Texas Water Quality Board and complains that the rigid heavy metal regulations adopted by the state are too restrictive, the State amends it& permit to conform to the industry's ------- 325 desire. Hon. Bob Eckhardt Another case in point is this: tells me that there have been times whun h a pollution case against an industry and n State, as he is required to uo, and that t Quality Board thai amends its permit so th will not be in violation. On point No. 3, I do not agree t Federal Government holds the solution to o Certainly there are knowledgeable and dedi Texas who could do the job. They are simp mltted to do so under present legislation v authority for the State Water Quality Boar residents of Texas have only one effective . Quebedeaux has prepared ;ified the 5 Texas Water t the industry t only the r problems. ated people in f not per- ich preempts So, the avenue of and Federal relief: To seek Federal Control of effluei application of ambient Mater standards. I could say nore, but to conservb time I should like to refer to my paper entitled "How We Got the Dirtiest Stream in America" in the summer issue of the Texas International Law Journal, which has been made a part of the proceedings of this conference. Also, the State Attorney General's office supports ray position that the Texas Water Qualtly Board has defaulted In thin effort ------- Hon. Bob Eckhardt On the other hand, the EPA Is mo\ right direction. Mr. Yantis, in his presentation last week., Mas sharply critical of the EPA for i action on the Clear Lake problem. I think realize that the EPA is a brand-new concept mental control and that the task of bringing five dif- ferent agencies under one umbrella is a dif I do not think that we can expect magical r an 11-month period, the length of time that ficult task. operating. On the other hand, Texas has had a so-called water pollution control agency for 10 years little evidence that It has done very much I would like to publicly commend the U. S. Attorney's Office for the Southern District of Texas for the extremely competent .-Job they 326 .ng In the ts delay in all of us must in environ- esults within EPA has been and there is Ln that decade the EPA and did in the prosecution of th-j Armco Steel case. The decision by Judge Allen Hannay ordering Armco to deslsti from dis- charging almost 1,000 pounds of lethal cyanide into the Ship Channel daily is the greatest; court victory that the people of the Texas Gulf Coast have ever achieved in pollution control. Now, let rve direct some remarks to the informa- n tion contained in the Supplementary Report to the Federal' ------- Hon. Bob Eckhardt State Technical Task Force of the Qalveston Bay Conference. First, I challenge another state Fulcher's presentation last week insofar as th Gulf Coast is concerned. He said that municipalities are the worst polluters in Texas. This is not bor this supplementary report, its Table III-l, d discharges into the Houston Ship Channel, show municipalities are responsible for only 157 mi lons of flow, as compared with . 9 million f tries; 79,600 pounds of suspended solids for m ties, as compared with 187, 000 pounds for indu i|-9>800 pounds of biochemical oxygen demand dis municipalities, as compared with 9*1,200 pounds by industries; and, of course, 509,500 pounds oxygen demand discharged by industries alone. sound like our principal problem is with munic The report also shows that there ar«i 327 !nf orcement snt in Mr. s Texas ne out by ealing with s that llion gal- or indus- nicipali- tries; harged by discharged f chemical Does this palities? 112 sources of domestic waste permitted to discharge into the 3hlp Channel, 33 percent of which ar« in violation of BOD requirements; ^2 percent In violation of suspended oolide requirements; and 6 percent which do not provide ade- quate disinfection as required. On the other hand, there are 117 oourcea of Industrial waste. Of thesis, 29 peroen' ------- Hon. Bob Eckhardt are In violation of BOD requirements; 36.7 per violation of suspended solids requirements; an percent in violation of chemical oxygen demand ments. You can readily see that, because of t difference In the amount of pollutants dischar violations by Industry certainly contribute ml the waste load in the Houston Ship Channel. A size that these are violations of extremely le permits issued by the Texas Water Quality Boar permits were tightened up as they should be, t more industries would possibly be in violation Now I would like to mention oil and charges. As I noted In my earlier comments to Ruckelshaus, the original EPA recommendation r this pollution was emasculated. Yet the suppl report Indicates that Texas Water Quality Boar ent in 19-7 requlre- e big ed, these htlly to d I empha- ient . If these en even rease dis- Mr. gardlng nentary permits allow Industries to discharge 50,OOO pounds of oil and grease per day into the Ship Channel and that these pol- lutants are primarily responsible for the oil and hydro- carbon residues found In oysters. The recommemdations of the technical committee have dropped the original EPA requirement that the best treatment available bo required by industry and that industry be permitted to discharge nt ------- Hon. Bob Eckhardt more than 5 mg/1. I also note, on Page III-U2, the sup report Indicates that inspection of the indust mentg and of grab samples, the amount of oil a permitted to be discharged appears to be great necessary. Furthermore, oil and grease are no among parameters in the State's self-reporting system about which, incidentally, I have grave tions and of which I shall have more to say la As I Indicated in my letter to Admin Ruckelshaus, it seems to me that attention is focused upon municipal pollution and the Indus polluters are laughing up their sleeves. I th failure of these recommendations to deal with cal oxygen demand bears out ray charges. Not o 329 lemental Lai utate- d grease r than included system, a eserva- er. strator ing rial ik the chemi- e recom- mendation deals with this problem, yet your supplementary report indicates, on Page 111-30, that industries are discharging dally some 510,000 pounds of COD into the Galveston Bay System. While admittedly, slashing the BOD load may be more important than decreasing the COD, it aeema to me to be a vital part of the problem and one that haa not been dealt with. The report indicates that because of the nlow degradation of such material acme of ------- Hon. Bob Eckhardt it becomes incorporated into the ecological food c Oalveston Bay. Now, I want to comment on what I conside the most important recommendation made by EPA in t beginning--the Intensive Waste Source Survey. To size the importance of this survey, we need only t at the detailed reconnaissance data presentation, pinpoints discharges by industry along the Ship Ch I ! I am not going to list them item by item, but ther several worthy of comment: a) A yellowish-brown emission from U. S I wood-Champion Paper Company. b) Intermediate oil spill at Crown Cent Petroleum Corporation dock area. The oil slick fo 330 a in of to be mpha- look hich nnel. are Ply- lowed the southern channel shoreline for one-half mile. c) Location and dispersal of Armco Steel Corporation discharges were recorded. An oil discharge the complete width of tne channel and approx Imately 1.13 miles long, A strong effluent of an orange color being dispersed -'.nto the channel for nearly half its width. This substance was assumed to be ferric acid. Th« third Armco effluent was that of a charcoal colored subotance. Chemical nature of this effluent unknown. ------- Hon. Bob Eckhardt d) A discharge of a yellowish substa within Olin Corporation's industrial complex. constituency of this effluent unknown. e) Moderate effluent from Ethyl Corp skimming pond. Plume extended 280 feet into th There are many, many more, including oil spills from plants and discharges from ship is no point in enumerating then all, but this d evidence strongly support my position that the Waste Source Survey is absolutely necessary if abate this pollution. I do not believe that we pend upon the self-reporting system, since I ha seen a traffic speeder stop an officer on the a say: "Hey, give me a ticket. I violated the s back down the road." While many of the industries may be 1 331 ce well hemical ration's channel. arious There ta and ntensive e are to can de- e never reet and eed law w-abiding and public-spirited, I believe there a,re many others who will continue to try to get by without spending the funds entailed in cleaning up their effluent. To support my contention, your own supplementary report on Paige 111-42 notes that some of the waste sources do not report their effluent values regularly on a monthly basis arid that one, the Olin Corporation, nan never submitted data. With cooperation such as this, the Intensive Waste Source Survey is absolutely necessary. Finally, on page 111-30, your report recommends ------- Hon. Bob Eckhardt as follows, quote: A firm implementation schedule to secure compliance with these standards should ~be established. End quote. Mr. Chairman, I cannot find a single recomnenda-- tion among those made by the technical committee tha would set a timetable, an acceptable ambient water q or an effluent quality that will achieve this goal. I would like to turn briefly to some recom mendations made yesterday by Mr. Richard A. Vanderho Acting Director of the Enforcement Division of the E In Dallas• I want to commend highly the new set of p 332 alitj o- posals set forth by Mr. Vanderhoof and the militant position he took in support of them. I would like to comment specifically on Proposal No. 10, the only one with any teeth at all us far as reducing pollution caused by industrial sources. AB I stated earlier, no meaningful recommendation had been made aimed at industries, but if this proposal la accepted ae presented by Mr. Vanderhoof, I am convinced that it will help to bring about abatement. It is commendable to set a goal of 35,000 pounds of BOD per day maximum discharge, and evicn the State has agreed that ------- _____ 333 Hon. Bob Eckhardt this should be the goal. But I notice that the State Is balking at enforcement measures and timetables necessary to achieve that goal. It is interesting to note that Mr. Hugh Yartis readily acquiesced when timetables were adopted relative to effluent treatment by municipalities, but filibustered for an hour and a half against acceptance of any meaning- ful timetables and wasteload parameters for the Houston Ship Channel industries. Finally, Mr. Chairman, I would like to recom- mend that all the proposals relating to the Ship Channel advanced by Mr. Vanderhoof be adopted, with one exception. That exception is that the Environmental Protection Agency refuse to participate in or further finance the Galveston Bay Study until a meaningful Intensive Waste Source Survey is included in the recommendations. (Applaume.) I agree wholeheartedly with Mr. Vanderhoof's statement yesterday that Mr. Yantis is not speakinp for the people of Texas, and that a vast majority of citi- zens on the Texas Gulf Coast have given up all hope of ever achieving a quality environment. Our only hope is that we can achieve It through the Federal Government, through enforcement of the Shellfish Clause and the Refuse ------- Dr. W. A. Quebedeaux, Jr. Act of l899> and, hopefully, through passage of pend Federal water quality legislation with real teeth in as the Senate did yesterday. Again, thank you for the opportunity to pr this statement. (Applause.) MR. STEIN: Thank you, Mr. Ozmore, and our thanks to Congressman Bob Eckhardt. Are there any comments or questions? MB. VANDERHOCF: Just my thanks. MR. STEIN: Thank you very much, sir. MB. OZMORE: Thank you, Mr. Chairman. MR. STEIN: We will now have a very brief minute receas. (RECESS) MR. STEIM: Let's reconvene. Dr. Walter Quebedeaux. DR. WALTER A. QUEBEDEAUX, JR., DIRECTOR j HARRIS COUNTY POLLUTION CONTROL DEPARTMENT:1 PASADENA, TEXAS Lng It, esent 10- enough. DR. QUEBEDEAUX: That pronunciation Is close MR. STEIN: Yes. You fcnou, if 1 come down hero ------- 335 Dr. W, A. Quebedeaux, Jr. a few more times, I'll be able to say your name right. DR. QUEBEDEAUX: Well, don't bank on it there are people who have lived here as long aa I been here and still don't do it. MR. STEIN: I am going to listen to yoi; fully this time and see if I can pick it up. DR. QUEBEDEAUX: Well, I call it Quebec My name is Walter Quebedeaux. I am Dii , because have care- eaux. of the Harris County Pollution Control Departmen uaed to be in the Health Department, but last Fe it was taken out and ma.de a separate department. I think first I would like to go throu supplementary report, or if you will prefer to cill it the white paper, which most of us didn't get unt ector We >ruary th this LI yester- day. And on page II-I they talk about description of the analytical methodology that includes some of the pre- liminary results of the analyses. When will thait be available to us, Mr. Stein? MR. STEIN: Would you care to try to answer that, Mr. Vanderhoof? We should be able to have an answer to that. MR. VANDERHOOP: I believe tomorrow. MR. 3TE-IN: Mr. Gallagher isn't in the room ,1uat ------- 336 Dr. W. A. Quebedeaux, Jr. now, but as soon as he comes in, maybe we can tfe will provide you with the answer to that. DR. QUEBEDEAUX: Y/ell, since it is Gallagher's report, let me go on to something because I would like to have him here when I d suggested yesterday—cut his throat. (Laughte today. Force-- MR. YANTIS: He is not wearing his r DR. QUEBEDEAUX: It will still show. Marked as the Federal-State Technica MR, STEIK: Here is Mr. Gallagher. interrupt yourself in stride here. You can go ahead. Tom, Mr. Quebedeaux has a question f ind him. Ise, --as Hugh d shirt Task on't right r you , am glad you came. MR. GALLAGHER: Thank you. DR. QUE&EOEAUX: I t»aa asking when the report of the analytical methodology and the preliminary results of your analyses for the oil and hydrocarbon residues will he available. MR. GALLAGHER: As I under«tand It, Dr. Quebedeaux, the ana.lytieal oethodolojry was contained in ------- 337 Dr. W. A. Quebedeaux, Jr. the June 1971 report and is also available through Food and Drug Administration Dallas Regional Office through the reports that were referenced in the Jun report. DR. QUEBEDEAUX: Then we write Pood and D Dallas to get it? MR. GALLAGHER: You don't even have to do It is pub—excuse me. MR. STEIN: Talk into the microphone. MR. GALLAGHER: I don't think you even halve to do that. It has been published several places befo referenced In the June 1971 report and in several references quoted in the June 1971 report. MR. STEIN: Let me ask you, Tom, do we ha the and B 1971 rug in that. re and ve a copy of that methodology here? MR. GALLAGHER: I am not sure, Mr. Stein. I would have to check the notes, but if we do not I viill make sure that Dr. CJuebedeauix gets one beifore-- MR. STEIM: Me should foe ahle to get one sent out to him within c day or so? MR. QALLAGFEER: Yes. MR. STL'IW: All right. DR. QUEBBDEA»Vr All right, let's go over to the ------- Dr. w. A. Quebedeaux, Jr. Table II-l and it shows the concentration of the h carbon separated from Galveston Bay oysters. I th is interesting to note that in 38 percent of these st the conclusion is drawn on only two samples and on other 62 percent single samples were used to base conclusions on. I find it extremely hazardous any to base any conclusion on that few number of sampl with something as important as what we are presuraa discussing today, I think that there should be more tion before we start throwing out some conclusions some suggestions. For any Kind of enforcement, i ought to know where we are. Then I come to Page II-3- That in reall iinteresting and Mr. Gallagher's statement, and I q i" These aromatic compounds Include dimethyl, trimeth 338 nk it itions the our time s , and iy informa- and ote, 1. tetramethyl, and biphenyl ncthyl ri'iorene ... " Mo. 1, the first three, the dliethyl, this tri- methyl and the tetramefchyl are organic radicals, they aren't compounds, unless you Intend to assume that they are fluorenoa too. And then the next statement in ono of the most far v/ronc ones that I know of. That statement is, "Those compounds are common eomponeinifcc of cr'ide o)lo..." In my ------- Dr. W. A. Quebedeaux, Jr. research in petroleum chemistry and working for companies I have never found fluorenes in crude where. Now, I have, therefore, some considerabl to what is meant. I suspect that what was mennt these particular configurations, structuralconfi of the organic compounds showed up as peaks and one assumed that when they said that they had a peak on a gas chromatograph that that was a comp Well, nothing could be farther from the truth. put this in a report of this nature is awfully b Now, you also note that none of the sai that these things supposedly were found in were any place other than prohibited areas. My quest now, what happens using the same procedure? Do .339 etroleum il any- doubt as was that urations, hat some- imethyl und. nd to d. pies aken at on is, ou find these same compounds from oysters in approved arisas? Without that kind of comparison I don't think you can draw any kind of data at all. I have never been atole to understand why EPA wishes to insist upon the isost unfavorable hydrographic and pollution conditions. My feeling Is that you ohould have a mixture of all of tfaec-i to get some indication of exactly what in going on and not Jwst taV.c your numbers ao that your conclnslono arc In effect skewed. That IB ------- Dr. W. A. Quebedeaux, Jr. very bad practice, at least in writing a technica Now, still on Page II-4, I come down to odd statement. It says, "No official criteria ar ently available for general circulation as to the nificance of any level of heavy metals, or other materials found in oyster neat." Well, in connec oyster meat that may be true, but certainly there levels that your organization has published. I b the copy of the book I have, which has a hardback binding on it, does give some of this information can only ask whether we aren't embarking on anoth hunt. We had one., you remember, some years ago w cranberry industry was caused to lose an immense of money and suddenly they found out that the era report a rather pres- sig- oxic ion with are lieve green \ r witch en the mount berries weren't affected. We have had another one Just recently in the phosphate detergent field. Suddenly EPA comes out and says, "We were wrong, there was no detrimental effect." So is this another witch hunt that we are look- ing at or do we really have reliable data? Then the next two words cover something that was tried to be defined yesterday, those words "alert level." I Just don't know what an alert levol moans in ------- Dr. W. A. Quebedeaux, Jr. the context that it was used by the conferees. alert level means a point at which something s If you are talking about civil defense you hav alert levels. But apparently this is being us context that the presence of an indicator will one to the bad treatment of some discharge. Now, I cannot understand why the sta made in III that no overall complete determina actual quantity of waste discharges into Galve: based on effluent samples was available. Now, take it apart, overall you are probably right, as Harris County is concerned,and at the last i offered to give you any Information we had in i and we have records of what these waste discha: been throughout the years. But I find., unfortum To me an arts action several d in the alert some- ement is ion of ton Bay if you but as far eeting,I ur file, ges have tely, that when EPA personnel and their predecesBors--tho;|r are no different from tSrose--doini 't want to be InformelJ they .just don't (TO to the right place to ask the question, and then you can com'j '.ip with a statement that says nothing IB available. Well, it certainly is available for Harris County and I will offer It again to yo------- Dr. W. A. Quebedeaux, Jr. Gallagher came out there Just after the last me there was one other time that we have seen your If you don't v/ant the information, say so and I i bore you with offering it again. I I cannot see why on Page III-2 it i i to make a statement, "It Is not possible to mak I I comparison of the compliance with permits." We certainly the reason was that it wasn't listed |voluntary self-reporting data. Well, obviously you were in the files Water Quality Board and if you had wanted to fi what the permit data was, that would have certa available to you. As a natter of fact, it is c pater printout if you want It. I have seen boc 3^2 jting and people. won' t ecessary a direct n the of the d out nly been a com- s this thick on It, above t two inches thick, on a complete data printout, and certainly you can have that. As far as permits fro or self-reporting system, ]; believe Mr. Teller has told Senator Schwartz that there were at leatit a dozen different typea of printouts: that you could /ret. So I can't gee why that wasn't available to you. Wow we will go over to this Table IIl-l, You a tart talking about the totals from all oourcora. Well, the? minute you a tart talking a'Tout total dl achar/roB you ------- Dr. W. A. Quebedeaux, Jr. immediately allow one flagrant violator to be hid among his neighbors that might be doing an acceptable Job and that is something that we don't like to see. We will like to evaluate the various effluents individually. I did not go through the following tables carefully, but I do find some areas that you find Just plain wrong. For instance, if you go over to III-2-C and look under the city of Clear Lake, you show an average chlorine residual for 1970, I presume, of 1.70. Veil, that can't really be when you had at least three zeros in that list. There is no logical reason for averaging the zeros and even though they might have 5 ppm i,t other tinea. Then you come over to El Lago, look under the flow. Well, that average flow that you show of ,271 is different from the Information that I received fii'om the plant itself. MOM, while this nay be reported flows, that doesn't necessarily mean that the self-reporting system information is correct. Go down to NASA Bay, you have the same situa- tion. I believe last time, Mr. Stein, didn't I give you a copy of the 1970 results from the sewage treatment plants in this count/!1 MR. STEIN: YOB, you did. ------- Dr. W. A. Quebedeaux, Jr. DR. QUEBEDEAUX: Well, if you will che table against the figures here, I think you will many more fallacies than I have pointed out toda To get down to the song and dance abou Houston Ship Channel as a major source of bacter pollution contaminating shellfish, I don't belie is any Information that exists where you can sho Now, you might be able to show that there is son teriological contamination In the shellfish them but I don't believe they carry a tag as to wheth came from the Houston Ship Channel, Trinity Rive or from the city of Oalveston or Texas City and think that you can flat make that statement. There Is no doubt but what we do have :k that find 1 the .ological e there that. » bac- elves, r they Basin don't i mproperlj disinfected municipal sewage plants. I think yo:u will find, particularly at Sims Bayou, there la a lift station Just before It enters the plant. There are five big collector llr.es that go Into It. One of them is ^8, there is two ^2-lnch, one 3<5» and I don't know what the fifth one is, It Is one that faaa been built recently that goes up Brayo Bayou. But Juat taking the discharge that comoo out of the [jlant, you have no ««&,y of J:nowln(j the quantity that ------- Dr. W. A. Quebedeaux, Jr. goes out of these lift stations. You may think i|; odd, but going from that lift station into the plant itself you only have a 42-inch--one 42-inch line. Now, how can that handle five collector lines? I don't think that mass disappears or disintegrates, and if you want to go back to a case on that problem, the Milby Estates won back the north half of Milby Park some years ago because of this sane situation and the untreatec sewage discharged into Plum Creek. When that pan k was given to the city It was under the understanding that the city would maintain it in a. healthful condition and the court found that it had not done so, so they gavii the north half of the park back. Since that time, and I sent Mr. Yantis a copy of this picture, sent one to Mayor Welch, that lift station had a crack in the bottom and was leaking right out into Simo Bayou and there was a big puddle of septic sewage which now has been filled in. But all of these unauthorized locations of discharges should be stopped. I am well in agreement with Mr. Vandernoof that wo should not permit the discharge of naterials of this nature except bhrongh a place that we know it is facing to be, I found another situation on III -32. Mr. Stein, ------- Dr. w. A. Quebedeaux, Jr, I don't knov; whether you have ever seen this • not. I sent a copy up to the Dallas Office. : analytical report that vie made on the portion sampling run right after the last meeting. W------- 3/17 Dr. W. A. Quebedeaux, Jr. skipped and took about every other place. You didn't take them in sequence. But it does indicate thut there is something more needs to be done. As far as C know, and while you promised me at the last meeting that all of us up and down the line would be aware of the analytical results, I have never seen any results that your lab ran, and that v/as promised to me. You did overrule :ne when I stated that I felt under the case decisions her} that the county of Harris was eligible to be one of the :onferees, and for your information that is one reason thab I asked that this podium be placed on this floor, because I wanted to stay within your ruling. I didn't wait to be on the same podium. They say it is much easier for you to stand off and really be in opposition to those if you are not Just standing right beside them. There is one other question in this report. You have something about some air flights. My question to you gentlemen is after these were reported, what did you do with them. Apparently they were sent up to Denver to Mr. Gallagher and Just listed. Well, that is no way to get enforcement. If your people made thooc observa- tions, and I oee no reason to doubt that they did, why ------- Dr. W. A. Quebedeaux, Jr. didn't they call us so we could go down there immediately and take samples of it? After all, this is supposes to be a cooperative effort. I ret-.lly have to, oh, I dDn't know, take a little bit ofplcasure, maybe, in Mr. Tsller'i statement that was reported by Mr. Scarlett, I guess it was Monday or Tuesday, that he was objecting to the lack of being able to see these reports which were being sented to the conferees yesterday, His statemen that if that is cooperation, why, he didn't want any part of It. Well, gentlemen, that is what I have been g for 10 years. His hide is Just not thick enough, that is the only trouble. But I still think that if all of us coope pre- t was etting rate But we can get this thing on the road and get more done throwing these reports out like you did yesterday is not the way to do it. I thoroughly agree with what Mr Ozmore stated in Bob Eckhardt's speech, that we need to get the show on the road, but we have to have information and this information that is contained In this white paper la Juat about as bad as what we had in t.,e so-called black paper last time. It Juat isn't there. I don't aee any need to go through the state- ment of the Federal-State Technical Task Force. I have ------- Dr. W. A. Quebedeaux, Jr. to agree with some of the prior speakers that very watered-down situation and that there is n of a real enforcement nature in it, but I would go to the one which was thrown out on the table Vanderhoof and then quickly withdrawn and then in what he called official position. If he doe enough of this Region VI recommendations that h why even presort it? That should be his offici tion. But right now I am at a loss to know exa recommendations you all are considering. You h least four sets. If v»e are going to Mr. Vanderhoof's F recommendations, in Ho. 2 you talk about "The n unfavorable hydrographic and pollution conditic is is a t much like to by Mr. araphrasec n't think made, 1 posi- tly which ve got at gion VI at a will be determined by technical personnel of the Texas State Department of Health, in cooperation with the Il'ood and Drug Administration and other appropriate Stat------- Dr. W. A. Quebedeaux, Jr. disinfection of all waste sources. Now, wh word "all" that means everything. Current Quality Board permits allow a relatively s sewage to go in with industrial wastes wit fection. Mow, are you going to disinfect point or as it leaves the pipe and enters I think that there should be a little bit I ! tlon as to what you are talking about. Then we come to No. H, talking a plan and for collection and treatment of a wastes. Aj?ain that word "all." That stic How far does this regional plan—how far 1 to extend? The last tiroe I attended a Water 350 n you use the y the Water lall flow of out disin- t at that he channel? ore explana- out a regional 1 municipal s in my throat it expected Quality Board meeting I heard three developers come up ahd with pitiful stories and crocodile tears telling that they could not afford to stay In business If the Water Quality Board didn't allow them to build their small plants. Now, that isn't getting away from proliferation. And then we pet down to this last oontcnce: "Ko toxic or hazardous materials will be per- mitted to enter the regional cyotem." Now, viho in going to determine it and ho»i la it ftolng to be done? I know ------- 351 Dr. W. A. Quebedeaux, Jr. that the Water Quality Board looks to the Gu!.f Coast Waste Disposal Authority that we have here now to be their 1. i I: Me brother down here, but after sone two years, why, that hasn't gotten very far^ at least at . far as these recommendations seem to imply. Then in No. 5 we have a flat statenent that says, "The regional plan shall require the bent available treatment." How, that is a lot different frc setting guidelines. And It goes on and says, ment is now defined." Well, who is the one now defining it? Is that EPA or do you have information that these levels that you have picked, the 5-5-1-1, arc the ones that we should be looking at? I haven't seen any information. Or are they numbers out of m actually "such treat- actually a hat? You might wonder If the EPA Is hopefully trying to reduce pollution by Just changing their definitions on us. On this Joint waste survey, that is your No. 6, there again I offered to supply you that, at least for Harris County, and as far as Harris County is concerned we have it in the Tile. The water board has it in their files too. Maybe yo-.s didn't pick it up. Maybe that is like some of these other things that you didn't know what you were golnfr to look for. ------- Dr. W. A. Quebedeaux, Jr. Then vie come to the last sentence on 1 "Recommendations and scheduling of best availab] raent will be provided to the conferees within si Gentlemen, the only thing I can say at who is going to look in which crystal ball? The seem to think implementation plans can be dreamed up and followed without any basis in fact, and that is that I can't quite agree with. How, then, on page 3 you are talking t.bout the Texas Water Quality Board permits and self-repoi system should be amended. How, gentlemen, how c amend a self-reporting system which is voluntarj first place? I don't know that you can. At lee wouldn't 'oe a volunteer reporting system if you 352 hat page, e treat- x months. out that, Feds something I ting data! o you in the ct it are going to set it down by rule. Mow, I can't quite buy'it, because I know what happens when those reports get up there, I know how some of then are made out, and they are not anywhere near to the trwe state of affairs 1ihat are going on in the plants. In my own little1 city some year and a half ago they sent up a self-reporting report and it ahovied that they were on stream for the whole month. Well, I know for a fact that they were bypassing for 20 days out of I ------- Dr, W. A. Quebedeaux, Jr. tr.at month. It didn't show up on the self -repor bing system, though. And that is Just one instance. I v/as a member of a Chamber of Commer mittee when I worked for the paper mill and charged with responsibility of getting an estimate from the plants of their air pollution. Well, what waa various turned in was not what was actually going out. I knew that much from the work I had done in the various industries the year before. As a natter of fact, my own mill took "ihe true results and divided them by three and then them. Well, Mr. Yantis tells us that self-r is now mandatory by law and Board order. All right, I will stand corrected. Then you can amend it by 353 ce corn- reported sporting going to the legislature. Tnat would be the preferable way of doing it. I don't— MR. YAIITIS: Walter, I do agree with nearly everything else you have said, though, so far, so go ahead. DR. QUEBEIVEAUX: Well, that Is unuoual, Mr, Yantin. (Laughter.) Wayfee flf I was reading your report and tearing It apart, it roieht he different. ------- 354 Dr. W. A. Quebedeaux, Jr. MR. STEIN: Maybe you want to termlna speech so you can keep your perfect record. (Laughter. DR. QUEBEDEAUX: I don't care-- MR. YAMTIS: No, It sounds good. Keep on going (Laughter.) DR. QUEBEDEAUX: I can't agree that the use of the label pounds per day for any parameter is a good way to look at pollution. I think that you have to have some parameter that defines the amount of water that that 'particular contaminant is dissolved in in order to give 'you a better picture. Obviously if you have a plant that j discharger, a million gallons of waste per day end you [have, say, 100 pounds of contamination, before the 100 I pounds has completely left the plant moat of it| will be pretty far down the river, because you can't stack it up all in one pile and then suddenly get all of the 100 pounds drop out at once. You Just rlori't do that unless I wan misinformed when I otwdied water flow in uchool. But apparently EPA likes to worV. with theao numbers. It maker, them a little more obscure and really nobody can really unclero tand them. Tlior. we come rtcwir. to Ho. rj. You arc talking about characterization and evaluation of the water qualitj be your ------- Dr. W. A. Quebedeaux, Jr. significance of the materials contained in the or sludge dredged from the Houston Ship Channel. Gen I can conceive of that only as being a chemist's mare. That is one of the silliest things I have e heard, other than one other thing which I would a point like to give you. While that deals with air pollution, th of Paris is putting up those towers and they hope collect 80 pounds of participates per day drawn t that filter system. Eighty pounds per day when y a plant putting out something like 8O,000 pounds, are Just begging question. And this is the s feeling that I have for this Ho. 9. Surely with that sludge you can identif of them. You can quite possibly find a fingerprl anlc lemen, ight- er this city to rough u have you me some t in it where you can show that in this county there might lie only three or four plants capable of producing it. Then you have something. But for tine way this wording is,, and then this No. 10 IE much the same, you are_going to core the sludge for the purpose1 of determining the exact tiource of the settleable aolitfs. Well, anybody that hac ever tried any analyalo ought to know better than that, and it oounda to mo like It in some of our civil engineer friends talklnlg ------- Dr. W. A. Quebedeaux, Jr. about something that they really don't Know anything about. But anyway, I can't see any reason. ly would agree with you that we ought to examine for the purpose of determining the exact source, wild. And then this 10-A. The only ones you going to restrict are the earthmovers. Well, I know of any earthraoving equipment along the charnel unless you have a plant that is putting in a ho] pond. And certainly any development will be fai from the channel so it won't be getting into the But the only thing that you want, "develop legis restricting earthraovers' work for development of prevent erosion of sediments into the Ship Chanr 356 certain- it, but that's are don't ding enough channel. lation land to el." Well, that is a lot of pretty words. Now, Mr. Vanderhoof, what is a fail-oeife structure. And then you cone richt up, "such aoi holding ponds." Well, a holding pond isn't fail-safe. In fact, we have got one right now that the Watcir Board and I have in suit and we Just miade a survey of it and we find that the material behind those dikeo let in ditches all around and is getting: i"to the s*n Jaclnto Hivor. They ------- Dr. W. A. Quebedeaux, Jr. are under injunction, but a holding pond, that isn't a fail-safe. The only thing I know fail be a steel tank and I don't think you have tha here or have that in mind. But a holding pond Then we come down to No. 12. Appare man that wrote this must have been a city boy life. He talks about the color of the waste e from the paper mills. Well, let's assume that going to put a regulation on it at 75 color un 7.6" All right, now, which scale are you goin There are about three or four different method measuring color. And going farther than that, been a country boy, you itould Know that in you experience that you would have had natural leaves In them that have nuch more color than 357 ertainly safe would meaning tly the 11 his luent ou are ts at pH to use? of if you had own ams with at you are looking for here. I really can't see that there is any information, I haven't seen any, that color in itself is a detriment. Now, of course, aesthetically there is some- times color coming out of a sewage treatment plant, people don't like the aesthetic point of view. But we are talk- ing about water quality. I don't know that color from a paper mill La aomething that of necessity neodo to bo ------- 350 Dr. W. A. Quebedeaux, Jr. corrected. Then we get down to I believe this is 13. There were two of them, I think, 13(a) and (h). Well the statement of the EPA in 13(b) is probably, in my mind, better than the statement recommended by the Walter Quality Board, because the Water Quality Board statement, they are Just going to monitor. Mr. Stein, for your information, I have in |my j files at least 30 different surveys on the Houston Sqip , Channel. They started back in about 19'40 and have conl.e forward about every three or four years to have another : survey. It is time to quit that 'nisiness. Then we get down to this l't(a) and (b). Tlliat was the hie argument yesterday on whether 35,000 pounds per day of 5-day BOD or 120,000 pounds. Well, I don really care what the numbers are. I don't think that you can take the numbers and subtract It by the number of industries involved and subtract a fev; percent for a cushion, as you stated, that should be left, because what you are In effect doing, you are making a nan that io treating h.l.n v/aste properly and In ;rood workmanlike manner and doean't have th>e amount present that you have allocated to him, why tal::c that cwshlon, take that,and ------- Dr. W. A. Quebedeaux, Jr. put It, as a cushion. I think you are going to have to effluent by effluent. I think that is the can do it. And when we quit worrying abou lj-0 foot deep in the middle of the Houston or right above it, for that matter, some of white paper you mentioned some slicks going or two miles down the shore. You'll have t way if it's all, I've seen them, and sampll middle of the stream is not going to give j answers. And here again we come to this ft though I do like your nonbypassing devices, end up, "such as holding ponds," Mr. Vandei 359 look at these only way you what happens ilp Channel, your—in your a half mile lem go that ng out in the ou any valid il-safe, al- but then you hoof. That holding pond deal, that is one of the worst Gimmicks that we have got around here. Me have got boo many of them now. No. 15, Mr. Stein, as an attorney, you are talking about the F.PA directing the Port Authority to do aomethlnc. Well, I haven't neon any of th>eir representa- tives here. You are talking about a third party not present. Certainly they ought to be present and give their viewpoint. While it la true, I have boon for years ------- ._.._. 360 Dr. W. A. Quebedeaux, Jr. trying to get the Port to implement a system of wargea . There is one company that now has them operating on the channel and do, do exactly what this- recommendation does. Now, the Port Authority could very easily do it knd just add \$5 to their dock fee per day to pay for it if they want to do it that way, but without their representation I don't think EPA, in this conference anyv;ay, can tell them what to do. And then we have this No. l6. That id really one that reaches far back. It says, "The Texas Water Quality Board will immediately ban the ocean dumping of any wastes from Texas industries unless such disposal is in accordance with national policy." Well, what is national policy? You have never had it. In 1959 we had to beat you over the head in the AEG to stop damping of atomic wastes out there. How, does this national policy Just apply to here or does it apply to the Pacific and the Atlantic too where a lot of materials are going out? I don't know what that national policy is. If there is going to be one, let1 IE stop then all. Some of these materials that are Going out I really can't see any harrr, in it. But when you get to radioactive ir&terlals, I can certainly oeo that harm, ------- Dr. W. A. Quebedeaux, Jr. particularly when all you have to do to change ft license is Just to have it advertised in the Federal Register and then you nave got your license. It took two years in Boston for you to get up to an unlimited number of tons per month allowed and also an unlimited amount of radia- tion allowed and added to that plus special reactor prod- ucts. Well, I asked the Director of the Research and Development of AEG what reactor products was in the Texas Medical Association and he couldn't tell me, but he had written a paper for the Third International Conference on Atomic Energy in which he said that sea dumpage should never be done. But then I heard him about a year later before a congressional committee and he says, entirely safe. Well, what is our policy? I don't thlnki that anybody really knows. Maybe it la dictated by tho Great White Father. And then jcoui are uffllklmig the Water Quality Board to do something ttoat ounce yew get out of the 10-mile limit they have no a.uufctor,E ty amud It Is doubtful that you do, hdcauuG quite1 often: wlhieini Mustf '.w.&tjt in take thsae matarialfi out It :ta very '.iUff'twuVk rUy sever) 71 In IJDWW A edaral Agency for j«nnil!»a;t!>am H..JJ 'J#t lhs>m do 11 > And 361 ------- Dr. W. A. Quebedeaux, Jr. certainly the Water Quality Board doesn't hav authority to do that type of banning. Then No. 17, Water Quality Board--w ing about deep wells. Here again, "in accord national policy as described by EPA." Here a is it? Are you banning deep well disposal or I know your position in the steel plant situa that you were againbt it. Well, is that the over? I remember a meeting that we had ou airport. The one thing that has continually that Mr. Vanderhoof opened the conference with courne I think Mr. Teller and I were entirely right when we both refused to take part in it news media were not present. You may not knov we have an open meetings law in this State anc and I would not take part in it until the EPA Federal District Attorney agreed to let the n< in. But Mr. Vanderhoof*s statement was that ' 362 any are talk- nee with ain, what aren't you? Ion was ame all at the orried me --of in the if the it, but Mr. Teller and the media his is an example of the new Federallorn. Well, from whftt I have seen of the new Federalism, I can't help hut not like it, and I giicoo I ami too much of a rebel still at heart to like the Federal Agenciwo coming in and tolling a State ------- Dr. W. A. Quebedeaux, Jr. agency or a local agency what they must do, and what is happening. Now, on No. 18, "All toxic substances wastes discharged to Galveston Bay and its trlbu shall be identified... Gentlemen, how much money got to throw down that rat hole? You could spen time identifying some of those and then not get finished. And then you say that "the toxicity of waste will be determined in accordance with proc described in Standard Methods Tor the Examinatio Water and. Waste water, 13th edition. That poorest reference I have ever seen. For Jnstanc cyanide, if you follow that one, why, you will g percent recovery on a known standard. We wrote your chemist in Cincinnati ab cyanide procedure and asked hint exactly what he ;hat is 'ound in ;aries have you a life- t all each dures of B the , with t 20 ut his id, and the succinct sentence that carae back, "we look tia see in any reference book If there is any method that we can use and reproduce. If not, then we devise our own." But to follow a single book, and I was told by some of your Federal boys that they couldn't pick samples up because they had to follow this particular volume. ------- Dr. w. A. Quebedeaux, Jr. Well, if you don't have any leniency or leeway in phe laboratory, certainly Standard Methods hasn't really contemplated the extensive use of some of the equipment that is now available and that is much better test avail- able than was published here in the 13th edition. But to use that as the standard, heaven forbid. And then in No. 19 I come up against ano bher alternative. I hear it about every year and a half or two years, and I have done that for about the last 20, on this instream aeration. Usually it is broughti for- ward by a civil engineer or a consulting engineer wants to make a lot of money on designing the program or I putting in the pipes. It is Just about as bad that I I as that situation where you put collector lines on each si the channel and then take it out into the Gulf anc charge it. Can you imagine the size of those pipe are going to need, the size of the air compressor! are going to need, to do any appreciable instream de of dls- s you you aera- tion? Now, one thing yosi, Mr. Stein, had some com- ment about the lousy 2 ppm dissolved oxygen. Well, in air conditioning work you only cool that area of the room, regardless of how tall the ceiling is, in w'hloh the ------- Dr. W. A. Quebedeaux, Jr. 365 people are going to he. The same can be true In the Houston Ship Channel. Just keep oxygen along the Bar- face. Yon don't really care what has happened Jown below, because as it comes upward you are going bo get some deterioration, you are going to get anaerosic con- dition, and it is going to be used up. I think Mr. Yantis was perfectly righb when he ! tried to point out to you yesterday that not all of the BOD that comes out, or suspended solids, of these plants ever gets to Morgan's Point or ever gets to Galireston nay. It certainly doesn't. I think somebody read an excerpt here fron this white paper about a sludge blanket on the bottom of the channel extending from the Northslde treatment plant some two miles, I think, or whatever It was. But anyway, it drops out. That Joesn't ireun it is completely treated. But It doesn't get down to Qalveston Bay. That is a long way from It. Apparently there was some flurry In tihe Dallas Office when I Informed the ComraSssioner 's Court! of a studs that hart been made tender interagency contract from the Water Quality Board. I understand that they nov; have a copy of this report, which Is the reaction ratcis of the Houston Ship Channel waters. It wan performed by Dr. ------- Dr. W. A. Quebedeaux, Jr, Tom Reynolds for Professor Eckenfelder and da 1970. I don't know why he didn't find it, M, didn't ask for it. Maybe he didn't ask Mr. Yt.ntis staff about reports, what reports do we have Houston Ship Channel? If he had, why, maybe her's Job would have been a little easier on paper because apparently what you handed him ' of uncorrelated facts and said these are the we want you to get. And he dutifully got the Mow, there is another report, I thi done by Dr. Hann and was used as an exhibit i company suit. Actually it is Plaintiff's Exh This la Selected Houston Ship Channel Studies 68-01-OOflO. Now, if you are looking for stud know how many more there are. I don't have a .ad March ybe he n the Jr. Gallag- >he black as a set onclusions k this was your steel bit No. 15- Contract es , I don't y access to the number of these contracts that have been let, but I will wager that there are considerably more than have been brought to the surface. How, some of the previous witnesses have stated about the compliance or noncompllance of sewage treatment plants. I didn't have time last night to Ret It typed, but I dIJ photostat It for you. Thla shows that tn the city of Houston, *«aing the BOD parameter and ------- there are Dr. W. A. Quebedeaux, Jr. plants, only 19 percent of them pliance with their permit, using suspended s meter only 7 percent in compliance with thel using the residual chlorine parameter only 7 in compliance with their parameter. So thos parameters, 93 of them are out of line, and at that report I submitted to you last time, that is where I got these figures from. In Harris County, outside the city there are 11O plants. Using a BOD parameter 35.5 which are in compliance. Using the sus we only have 25-5 which are in compliance. residual chlorine, we only have 7 percent wh compliance. Gentlemen, one of the first pla start is to get these sewage plants and indu are in corn- lids para- parameter, percent are last two f you look why, I think of Houston, we only have ended solids nd using the ch are in es for us to trial plants or what-have-you In compliance with their peirmits. And I will give you this copy, submit it for your record. (The above-mentioned table follows:) ------- 168 4, ^-^ w- - . 1 ' PI^ StM/o. X /, 0(5 V- vUffviM. __34 0 I P 4- -t ~* A C" —JptfituhjLlmu /-«««*ti*T.a..-XQy^. tfgg. - nZO^m J^ //O _.fi •-g>Ut*j.ita4*%<. L^ Put. J _._..3i It i^ P J / ^U«uiu« f. f/U . tfMillYKAA ^ ------- Dr. W. A. Quebedeaux, Jr. DR. QUEBEDEAUX: How, Mr. Yantis, you awful kind a while ago, so I was Just holding y last. This is c. public hearing notice and i to consider proposed revisions of rules for the Water Quality Board. I have marked areas in th proposals. Now, if you read them carefully you that under that first proposal, 510.6, you are about all parties desiring to be heard shall no executive director that he wants to make his pr That is kind of hard, because a lot of times wh up to Austin or even to a public hearing you do know until you get there and see what is propos other aide whether you want to make a statement were >u until is going Texas se two will find alking j ify the sentation n you go 't really d by the or oppose it or agree with it. You don't know which way to go until you get there. Now, this second one is a little nneaky. Right in the middle you have got a new section. I ho,ve marked it "new" on your copy. That is dealing that "unless authorized by majority vote of the decision-making body no evidence will be received or heard by the dt-clBion- making body except that wihlch Is neceflonry to correct or review a summary of the evidence." Well, gentlemen, that ------- Dr. W. A. Quebedeaux, Jr. is a real neat way of ruling out argument. And up above that I have underlined "a review of the evidence." That is part of what the hearing examiner is supposed to give you. Well, Just a review of the evidence slanted in the manner in which the particular writer wants it slanted is not a transcript and doesn't give you much to go on if that is all you have got to read. You have got to read the slanted version, Just like you have got to read the white paper and the black paper. They're slanted for EPA's benefit. Just for your record, Mr. Stein, here is a letter that I wrote Mr. Harrison. He had written me asking me about additions to the record for the last meeting. Incidentally, did I understand you to 'say that that would be made available to us? MR. STEIK: The transcript? DR. QUEBEDEAUX: Yes, sir. MR. STEIK: Yes. DR. QUEBEDEAUX: Well, Is it out? MR. 3TEIK: I will have to check. la It out yet? [fo. I Rties.i, .you '-.Tiovt, the lon/rer the tran- ncrlpb I.a the 1onp«r It f.a/.os to ft.at out, (Laughter,) 370 ------- 371 Dr. W. A. Quebedeaux, Jr. DR. QUEBEDEAUX: Hell, Mr. Harrison's letter said it was supposed to go to the printer on the last month. MR. STEIN: Well — DR. QUEBEDEAUX: So I was Just curious i|f your printer was lagging behind. But anyway, in this I have a complaint a|bout you, Mr. Stein. (Laughter.) MR. STEICT: That's »«hy I'm here. (Langhlter.) DR. QUEBEDEAUX: I said, we were talking your ruling that you did "extract from Mr. Yantio Oth of about promise that we would be kept informed of the analytical i ! results and any conferences **ilch were to be held tetween the EPA and the TWQB. Under those clrcunmbuncos, 3! told Mr. Sbeln that I could accept his ruling; however, this office has not beorv Informed of any analytical results, nor given any Inclicatian as to what took place at con- ferencen which have hxen held. From pt.nt experience with the stabe staff, I had no illusions as to whether they woulrl honor their comrol fcmenta, but r wan perfectly willing Lo believe that Mr. Stetrt McmuJfJ. It flet-'-wo Unit I wan wrong 1.n thla Instance aUo." Now, I ,'ont, thf.rt to Mt-jc DftiMan nfflcn and ------- Dr. W. A. Quebedeaux, Jr. then there is a companion letter sent to Mr. I think the last paragraph is really the one pertinent. I say in this letter, "We might c present situation to the comment prevalent in which when paraphrased becomes, 'The Texas W Board (like the Lodges) speaks only to the En Protection Agency (or the Cabots), and the EPA to God.'" (Laughter.) "if this is the situa must be followed, the cause of environmental has taken a forty-year backward step." (The above-mentioned letters follow 372 uckelshaus. hat is mpare our the 1930's, ter Quality ironmental speaks only ion that Dilution ------- 373 W. A. Q JEBEDEAUX. JR., PH.D. DIRECTOR HARRIS COUNTY POLLUTION CONTROL IO7 NORTH HUNGER • BOX OO31 PHONE 1713) 228-8311. EXT. 881 PASADENA. TEXAS 778O2 DEPARTMENT October 15, 1971 Mr. W-UT.1a.il T). Ruckelsbous Qwironmental Protection Agency 1626 K Street, H.W. Washington B.C. 20i£0 Dear Mr. Rockelshaus: your I am enclosing a letter vblcb I have submitted to for inclusion In the record of the enforcement conference of this year in Houston. As I stated In my present) rlion realistic for the federal agency to hava conferenceiji with the Texas Water Quality Board staff uhen there agency, which is older than either of the above oneii ledge of the situation in that local jurisdiction We might compare our present situation 'to the comment prevalent in the 1930*s, which when paraphrased becomes, "The Te:as Water Quality Board (like the lodges) spooks only to 'the Bivironmi ntal Protection Agency (or the Cabots), and the H.P.A. iSpeako only 110 God." If this is the situation which mwt be followed;, the cause < if environmental pollution; control has Just taken a forty-year backwird step. Sincer jly yotnrs, Dallas office hold in June it seems un- and t^iif only is a viable local with full know- Director WAQ/pl IhcloDuros ------- 374 w. A. QUEBEDEAUX, JR., PH.D. DIRECTOR HARRIS COUNTY POLLUTION CONTROL DEPARTMENT 1O7 NORTH MUNOER • BOX 8OS1 PHONE (713) 228-eSII, EXT. 881 PASADENA. TEXAS 77SOZ Oetotor 13, 1971 Hr. nraaa P. Harrlaon, II Acting Chlaf ( Biforcaaan SovlronMittal Protection Agancy, flunlfln VI 1402 Oastroat Jtallaa, Taw 75202 Caar Mr. Barrlawi X MB rattor aurprlaad to rooalva joor lattor of Ootobar 8 abont additional aoddbit*. If JOB uUl raad tto raoocd, you ttot tto Haaring Boadnar, ». Hurray Stain, tod praalMd ttot i mold to kapt InfozMd aa to tto analytical raaulta of vtJ. irlog [Ifiafl til tto vw pvfoivvd JaWtdiittteiljr ttftjtf ths IJhlU to did aay ttot to fWLt that tto fadaral atatoto uniar rfdloh to operated pravBBtad a looal aaanegr from being oonaldarvd a oonfaiwa to did •xtxaot firoa Mr. 3toU* a prcadaa that «a wold to kapt twaan tto £.P.A. and tto T.V.w.8. Uoder tboM olronMitaoMe, I Stain ttot I ocrald accept hU roUngj bowvrar, thla offlea hu idth tto «tet« ttoir ooMB wonld. It I 0 which hnv I tod Bo «'»l"f told* Ann ptot •• to tAatltwr ttoy , but I vu pvfoctly vUlii« to bilin* ttot ttot I vu umv ia tM« ^Mtaono (»1». copy of tbo •oaljrtloil nMlto «Ai± v» obUlniid from portion of tto «n|>lM oolloetod dBim on* of th» «blp cbannil mm local irapMMotatii :lnfbnad iald to- told Mr. i|»t DMA to vtot It Stain idth tto S.P.A. I tod prariooaljr Kalltu, a copy of ttoa* xMnlto aaS w* pradMd to ton ooplaa of ttoM tto B.P.A. obtain*!. W» tof<» art norinA tb»M. w, Mr. In «jr opinion, it mold bar* toon battor if jronr loital tod allouad na to wa oar boat la ooajtnotlao idth itto OM B.P.JU u«ad. ------- 375 Thorns P. Harrison, KPA Region VI October 15, 1971 Pag* 2 so that samples from those industries along the shore line ooulc be ob- tained at the same tine that saoplea ware being made in the rnidcla of the channel, approximately 100 yarde away* Your representative did not allov us to do that, and we attempted to forecast the tine of toy at which our boat would be at any particular nilepoat* I had a a signed one nan on either aide of the channel to collect effluant sample a from the shore line industries. Unfortunately, we ware able to obtain only six* The results of tbeoe tests are abovn alongside the approp late mile post samples* We would appreciate receiving the results of the B.P,A. aaaplea to the reconvening of the enforcement conference; in order to better position to evaluate what needs to be done from our leva government. I am informed that your offioe already haa a copy of the report prepared by Or, Tom D. Reynolds and Professor U. Wesley Eckenfelder, und ir Inter- agenoy Contraots IAC (68-69)-237 (Bnlveraity of Texas) and IAC [68-69)- 244 (Texas I*M University)* If you do not have a copy of this ; report, X would like to suhcit one for the record, if you will ao adviai* The second sentence in the introduction on page 1 of this report atites, "During many tiaes of the year, fish kills have occurred in the receiving body of water, Galvestan Bay, and tba oyster, shrlap and fish h unrest in the Bay has been limited because of tba pollution problem*" Ob piously, such a statenent in a report done under contract and paid for br the Texas Mater Equality Board is an admission again at their interest and the position which they atteaptad to •»<«t*fn during the onforcement hearing. TIKI one question which retaslns in «y nind isi how nany other oich re- ports detrimental to the Wat«r (*uallty Board's position are in xiatenoe but werj not made available to the E.P.AT I might auggest that you check with tba office of Governor Smit to de- termine all of the Intaragenoy contracts which have been parfornad. Under our statute, tbasa contracts should be approved by tho Governor prior in a of s offioe, and it might prove to be a veritable gold mine of information for your consideration* Sincerely W. A. Quebadeaux, Jr., Ph.D., Director WAQipl Enclosure ooi William D* Ruokalahaos*^ Attorney General of Texas ------- Dr. W. A. Quebedeaux, Jr. DR. QUEBEDEAUX: Well, I really meant I told you at the last conference a fie on all your houses. Now, two of them appeared here. heard any of the cheering section, industrial c section, representing support for the Texas Wat Board. So that might be changed to fie on both now instead of three. Mow, in your report I well agree with the BOD is not a good parameter for industrial < It is a rather minimum test of questionable val sometimes for sewage treatment plant, but that v it was designed for. But industrial waste is a horse, a different ball game, and that kind of on an Industrial waste permit I well agree with 376 it when hree of haven't eering r Quality of them you that astes. dity as what different arameter you is out of place. Wow, the suggestion of Mr. Vanderhoof of the COD or the TOO, well, they night show a little bit more. I still like the biowaste assay method better. And I was really surprised yesterday when Mr. Yantis did finally admit that in the late 1950's that we did have fish in the Hounton Ship Channel, and it was much better than it is today, although It probably had a much higher BOD load I know that to he o fact. From 1955 until 196! until the ------- Dr. W. A. Quebedeaux, Jr. Water Quality Board Act was first passed I did hav in that bayou except for one mile and that mile wa the middle of it was a plant that had been able to appeal on a suit that I had filed. But the law ha changed now and there la no reason why by taking c the effluents, the inputs to that channel, if we h those so that they will allow marine life to live, two years that channel will have life in it too. I think Mr. Greene was talking about two mits which came up for hearing in the last week or One of them was Sinclair Koppers. And as he said, manager of Sinclair Koppers got up and stated that had talked with the State staff and they had sugge that he put in that permit amendment. Well, the p amendment was raising everything by about 3 over w 377 fish --in an re of Ithin per- he ed rmit at he had, with one exception. That exception, he already had a total aolida of 60,000 ppra on hln old one. Well, they dropped that to 5,000. That is the only difference. Sinclair Koppers hasn't iheen passed by the Board. I hope it Isn't. I did get the manager finally to admit that the only reason he had put It In wa£i to be In Q position so he could not 'he prosecuted In th« interim for the permit values that he haril hart under the ------- 377 Dr. W. A. Quebedeaux, Jr. Mater Quality Board Act was first passed I did hav in that bayou except for one mile and that mile wa the middle of it was a plant that had been able to appeal on a suit that I had filed. But the law ha changed now and there is no reason why by taking c the effluents, the inputs to that channel, if we h those so that they will allow marine life to live, two years that channel will have life in it too. I think Mr. Greene was talking about two mits which came up for hearing In the last week or One of them was Sinclair Koppers. And as he said, manager of Sinclair Koppers got up and stated that had talked with the state staff and they had sugge that he put in that permit amendment. Well, the p E.mendment was raising everything by about 3 over w| fish --in an re of within per- the ne ted rmit at he had, with one exception. That exception, he already had a total solida of 6o,OOO ppm on hia old one. Well, they dropped that to 5,000. That is the only difference. Sinclair Koppers hasn't been passed by the Board. I hope it Isn't. I did get the nanager finally to admit that the only reasiom he had put it In waci to be In a position no he could not l-e proncctited in tins interim for the permit val-.i«n that he had had under the ------- Dr. W. A. Quebedeaux, Jr. old permit and which he was exceeding. To me that la real poor practice and a real step backwards. The permit for Phoenix Chemical was given b the board. I think it is awful bad practice on our p when there is a suit in progress to amend any permit. It is Just like changing the rules of the baseball ga when you are halfway through it, or a football game. Once it is under the jurisdiction of the court I don1 think the board1 should take part any farther. Now, o course, that is where Mr. Yantis and I disagree, but rt hat is not the only place. Thank you, gentlemen, for hearing me out. I don't think I was quite as long as I was last time. will be glad to help you or work with you, but at lea we would like to be kept informed. MR. STEIN: Thank you Tor your comprehensive statement. You know, sometimes I wish they would release these tall silent Texans from the movies and let them come to the conferences. (Laughter.') I think that concludes the public statementa. We have no more requests. And we Indicated laot time that we would have an executive session, hot wo aloo ------- 379 M. Stein indicated that we would do that with the public presitnt-- if the public wanted to be here—unless we got i reqiest otherwise. I have no request for a private session >f the executive session. And let me tell you how we c this so we can proceed. The public presentations here are completes now. You are entirely welcome to watch us in the executive session when we reconvene. But Just imagine that there is a glass wall in front of us, that you can hear us but we can't hear you. Now, we may have some discussions among the conferees where you might get very excited, like spectator at a football or a baseball game. And whi would like to hear about that, at the executive sese are going to have to make the ground rule that the cnly ones who are going to speak are the conferees and th technical staffs. We will be glad to hear this late cause this is the—we have to get into the working i le we ion we eir r be- ssion so everyone will see how this Mill be done, When would you like to reconvene? Shall we say a quarter after 2? MR. VANDERKOGF: That will be fine. MR. STETN: Is that all right, Mr. Yantia? MR. YANTIS: Yes. And my technical staff will ------- 3 Bo Mrs. D. Cherry be present. It will include Dr. Quebedeaux; I include anyone else in the audience with whom I should communicate. MR. STEIN: Very well. All right. Are there any other questions or com ents? after 2. If not, we will stand recessed until (The following letter was submitted will feel that a quarter 'or the record as if read:) November 3, 1971 The League of Women Voters of the Bay Area wishes to go on record as supporting the long range 19- point recommendations as put forth by R. A. Vanderhoof, Acting Director of EPA, Dallas Oii_ce. We strjongly urge that the EPA not compromise on these particular recom- mendations . We heartily agree with thoae citizens organi- zations who suggested that representatives fromi theoo groups be included as nenibcro of the Technical Task Force, official boards and committee; for new studies made of Calves ton Bay and tributaries. Mro. Donald Cherry, Prcoldcnt RECESS) ------- 381 AFTERNOON SESSION WEDNESDAY, NOVEMBER 3, 1971 2:15 o'c EXECUTIVE SESSION MR. STEIN: Let's reconvene. I would like to read from the statute he I think we have a task to devote ourselves to firs was required by statute. It says: "Following this conference, the Administ shall prepare and forward to all'the water polluti control agencies attending the conference a summar conference discussions including (A) occurrence of lution of Interstate or navigable waters subject t abatement under this Act"--that is the Federal Wat Pollution Control Act--"(B) adequacy of measures t toward abatement of the pollution; and (C!) nature .ocV: ausf: ; which ator of pol- ken f delays, if any, being encountered in abating the pollu- tion." These generally are considered the bol lerclate conclusions of the conference, and the Administrator haa to send theac forward. I womldl like to have sugECistions or recommendations on these points. Let's start with 1, the "occurrence of pollutlor ------- 382 Executive Session of interstate or navigable waters subject to abj under this Act." MR. YAHTIS: Mr. Stein, excuse me, bu1 you go back still further? The conference was called under a provision relating to the hindrance of the sale of shellfish in interstate commerce. MR. STEIN: That is correct. MR. YAMTIS: I wish you would read that so we would have that clearly in mind. MR. STEItl: "The Administrator shall also call such a conference whenever, on the basis of reports, surveys, or studies, he has reason to believe that any pol lution referred to in subsection (a)," which says pollu- tion which endangers the health or welfare of an tement would persons '...Is occurring o, nc finds that substantial econonic injur; results from the inability to market shellfish or shell- fish products in Interstate commerce because of pollution referred to in subsection (a) and action of Federal, Stati or local authorities." Are there any an^ecstiono on that first pro- vision? MR. VANDEREfOOP: I would like to addreiua that point, Mr. Stein. ------- Executive Session I believe it Is abundantly clear that tliere is 383 pollution caused by municipalities and industries are subject to abatement under the Federal Water tion Control Act, and this pollution is occurring conference area. MR. STEIN: Yes. MR. YAMTIS: Mr. Stein, this is either ment or a question. According to my memory, the conference called because the Secretary or the Administrator which .n the a state- was felt that he had! information that there had been substantial economic injury in the sale of shellfish in interstate commerce. I don't believe that there was any other basisj for the conference. If I an wrong, please correqt me. MR. STEICf: That Is right. KR. YAMTIS: Mow, there Mas t«stimony ijihown not so much as to the total size of the oyster industry from Galveston Bay or the oyster industry in Texas aa a whole, but It was shown that the economic Injury complained about wao somewhat less than 420,000, of which somo was recovered because of the ability to transplant oysters bo obher areas. And this did not Include tho cost of har- vesting, which would have reduced the value of the oyster i ------- Executive Session I am speaking from memory, but the facts are in the record. And I please want all of us to remember the fa that were laid out in June, not Just the information which you have heard since or read since. But I would hold that on balance the kind of injury spoken of is not substantial economic injury. I was shown that not only were the oysters from approved areas satisfactory for sale to the agencies having leg Jurisdiction, despite the agreed-upon need for further research, but the areas that are closed have relativel few oysters, though there are some; and some of the po lution is not necessarily preventable, certainly not rapidly. And I believe, and the Water Quality Board so stated, that the original calling of the conference wa improper. We do not make any claim that there is not pollution, that there are not things that nead to be c ts r- rected, that harm has not been dlone. But th« body of law set out rather specifLcally that we were to prove that there had been substantial economic injury to th«i interstate shellfish Industry and It was not proved. So I hold on that basis that there ought to be a finding of fact that the pollution disclosed should be abated, but not as a result of a finding of oubotantlal ------- Executive Session economic injury to shellfish, hoof? MR. STEIN: Do you agree with that, Mr, MR. VAMDERHOOF: Mo, I don't. I don't be the finding of this conference is a proper subject debate. The Administrator has already found that is reason to believe there is substantial economic in the shellfish arena,and therefore he chose to c thin conference. as I am concerned. That is the end of th° subject MR. STEIM: All right. Let me try to su this because I am not sure we «*an get an agreement The Federal conferee said that "there is rence of pollution of interstate or navigable wate to discharges from municipal and industrial source ander- ieve of here 11 as far I marize ccur- s due sub- ject to abatement under the Federal Act." The State conferee states that*'this conference was.called under the shellfish provisions of the Act and that while there is pollution occurring in the waters covered by the conference that It has not been demon- strated that there are substantial damages to ohellfish shipped In interstate commerce.'' MR. YAKTIS: Mr. Chairman, that in cnuentlally ------- Executive Session my position. But I would like to add editorial fully aware of the grossness of pollution throu area, of the public interest in it, the fact that it should be abated; it is being abated. We make n D claim that all of the actions taken by our board are or any of those things. We knovr this. We are saying that the basis upon whi conference was called was Inadequate then, it is quate now, and the charges were not proved. MR. STEI1I: I understand that. All right, I thinfc we have gotten the We are setting up a summary, and we will forward adequate ch the inade- the Administrator, He will have your views and the Federal conferee's views and will send a recomra to you based on these views. MR. YAMTIS: Thank you, Mr. Chairman Ly, we are jhout the positions this to endation That is all we ask. MR. STEIN: All right. How, the second point I have, and again I want to make my point that these are required by statute. "Adequacy of measures taken toward the abatement of the pollution." Does anyone have a suggestion on thatl MR. VAHDERHOOP: I Jmve, Mr. Stein. ------- I Executive Session vWhile measures have been taken to pollution, that is municipal and industrial they are not yet adequate." MR. YANTIS: Mr. Chairman, I agree that. I would put it in this context, howev remembering the presentations made by indust own staff, by some members of the Federal Go fully agree to the finding of pollution in m We fully agree that actions have not yet aba pollution. To this extent they are not yet But I think that you should not assume that local government will not take further actio are not moving in the direction which will i I woul?! say that not only is there activity by the State but by the local gove many levels of local government, by private and by the Federal Government. On a coopera 'educe such lischarges, fully with sr, that •y, by my rernment, we my places. bed this adequate. bhe State and is, that we isure success room for rnment, by Citizens, bive basis we welcome the help, we need the help, we neisd the resourcen of the Federal Government. But we would not agree bo a finding that the State and local notions are necessarily In the future to be Inadequate. We think that the genius of our country in that people can govern themselves at the local level. We think there IB a propoi ------- 388 Executive Session role for the Federal Government and we want It, but imply that absent Federal pressure there would be an inadequate local and State response we believe la not correct nor has it been shown. MR. STEIN: Did you mean to imply that by your finding? MR. VANDERHOOF: Mr. Stein, I make no implica- tions other than stated in these rather simple words 'Vfhlle measures have been taken to reduce such pollution, they are not yet adequate. I think that is as clear can state it, MR. STEIN: All right. How, let's try to that. I think Mr. Yantis indicated he agreed with this. I believe you did use the word "Federal" at one point, and I am not sure you didn't mean "local." But I assume that you meant State and local rather than to as I Bet State and Federal. The conferees are agreed on this, but the con- feree of Texas says that he does not mean this to imply that State or local action in the future will not be adequate to abate the pollution. Is that agreeable? ------- Executive Session MR. YANTIS: I think that is very close MR. STEIN: Go ahead. MR. YANTIS: I perhaps would sayHmore n adequate if we want to be precise. MR. STEIN: All right, aay "more." MR. YANTIS: Another way of saying is plenty of work for all of us, i i: has to be done, come your help, but we would not want an iraplicat we have any intention, either State or locally, o where we are. MR. STETH: All right. And I think we say,'nor is there any intention, either State or 1 of fihe pollution abatement program stopping where 0. K.? 309 arly .-here is wel- on that stopping hould cally, it is. MR. YANTIS: Yes. MR. VAKDERHOOP: I Mill concur, then. MR. STEIH: All right. Now, third, "nature of delays, if any, lieing encountered in abating the pollution." MR. VANDERHOOF: I will make this statement, Mr. Stein. Delays fvavc been caused by the complexity of the problem. Now, the word "eonplexlty" hao many rami- fications, including enormity of the tank aa well ao the ------- 390 Executive Session complexity. MR. YANTIS: Mr. Chairman, I agree fully, and I must editorialize. The public with that ma never fully understood in the past the problem thab had to tie met. Many governments, including the Federal Government, did not always understand in years past the solved. Funds have never been available in either locally, State or national. Taxpayer always eagerly run dovm to pay taxes or to v issues. So In summary, I agree absolutely Mr. Vanderhoof said, it is an enormous probl complex problem, it needs public support, it governmental support, and it is worthy of th of all of us. MR. STEIN: Can we summarize by sa problem to be bhe past, s have not ate for bond what sm, it is a needs 5 best efforts (Ting, Delays have been due to the enornlty and complexity of the prob- lem"? Will that be all right? MR.YANTIS: Yes, all right. MR. VAHDERHOOF: That will be satluractory. MR. STEIN: All right. These conclude what the Chair hao to say. From now on the conferees are on their own. You have satisfied ------- Executive Session the statutory requirements as far as I am concerne if you have any other suggestions, you can make th MR. YANTIS: Mr. Chairman, I would like restat" '.his, because people quite often minunderG words and they say, Well, that is Just semantics. everything is. We want the Houston Ship Channel and Gal1 Bay cleaned up, kept clean and preserved. We know the city of Houston has a problem, as do all of the down here have problems; so do the industries. When I say that we did not show substantl harm to the Interstate sale of shellfish, I do ackr edge the problem overall. I asn simply falling bacV the provision of the law under which this conferenc called. The law says so-and-so and the law didn't it. 391 and and Nearly eston that citiei owl- on is rove So we object to a finding on that point of law which la basically all that la before UB. Everything else that has been aald about pollution and the neilid to control It :! o absolutely true, probably fur more than moot of you know, pleasie renverobcr, when moat of you were in a panic about mercury, ncra** of you wero in a panic about cadmium; you had Jtliply micver heard of it. ------- >e solved. Executive Session So there are many pollution problems, some known, some not known, but they do need to MR. STEIN: Thank you. Your views on the adequacy of the provision of the law and the findings calling the confernnce will be reflected in the summary and I am sure the record here will speak for itself. MR. VAHDERHOOP: Mr. Stein, do I need to put in any more words to support the Administrator MR. STEIII: Ho. MR. VAMDERHOOF: Very good. MR. STEIM: Ho, you stated your p I think the positions of each of you are vea The function that we have In the summary, ar to point this out, Is Just to report what yc are on this, and I think the positions you 392 in calling— >sition, and y clear. d I would like ur positions ave both stated are abundantly clear. 0. K. Are there any other recommendations? MR. YAHTIS: Mr. Chairman, not on thoae three points . K!l. 3TEIH: Not on tlieiie points. MR. YAKTIS: Of course we have the other mater- ial Qtill before us. ------- Executive Session MR. STEIN: The other material, that is mean. And I suggest, we had possibly 11 recommen As far as I can see we are pretty much in agreeme would hope, and we had better go through those to We have got it on 10 of those. MR. YANTIS: Mr. Chairman, if I may dis one of them. MR. STEIN: All right. MR. YAhilS: You read at the beginninR conference or had Mr. Broun of Houston Lighting & Company read a motion that that problem be severe this conference apd settled in some other forum. would like to restate that there are other forums do not lessen in any sense the control or the inti •;hat I Eitions . t, I be sure.j ose of f the Power from nd I that. rest of local, State or Federal Government. They do, however, get it out of this, wh t I believe the Supreme Court once called an impenetrable thicket; they do get it out of the thicket of being dealt with along with so many other things. But every citizen, every level of government will have ao much right to speak or to intervene as tt ever had. We simply talk about that subject all by itself Instead of with a few hundred other subjects. ------- 39H Executive Session The motion was not discussed and, therefore, I think the record is completely silent. I woulc like to suggest that it is my position as the State cmnferee that it is proper to sever that matter and deal with it in the forum of the Corps of Engineers 1899 Refu le Act permit, the environmental Impact statements, and so on. But I do concur in having that issue removed from this particular agenda. MR. STEIN: I have indicated, as Mr. Brown said I will take your view and Mr. Brown's view to the Admin- istrator. I think since he called the conference, told us what we had to cover, it Is beyond our Jurisdiction to remove anything here or add anything here. But 1 will take these views back to the Administrator for iuch actio^i as he may want to give it. Do you have any comment on that? MR. VANDERHOOP: My only comment, Mr. Stein, is that I believe there is enough information provided in the several documents to afford the Administrator a good overview of the situation on which he can make up hia own mind on whether to sever or not to aevwr thlu subject from the conference. MR. STBlNs Right. Well, you will have to make ------- Executive Session a determination when we get to that last recommendation^ and if we are going to proceed in that order, whe' want to state the Federal or State views or not o power company situation. I would suggest, and I am /Just saying save time, Mr. Vnnderhoof, do you have the recomm tions which have been modified in accordance with ference discussions? MR. VAWDERHOOF: I believe I do have. • may be one or two words — MR'. STEIM: Yes. Well, that is what I make clear. I think it might be, if this is appi Mr. Yantis, if yo»i Sieve a copy of that, because I ier you that is to enda- con- 'here want to oprlate, am not sure I do-- MH. YAMTIS: I don't have one right here. MR. STETft: Yes. That you ml^ht want l;o read that and let's see If we cam go-- Why rlon't you go down one at a time? Because we have been through, this before and this should proceed rather rapidly. Why don't you rear! them an amended? MR. VAftDERHOOF": AH rJpbt. NTR. STEIPf: 0. K .•? And If there are any further amendments we Mill t-aVc thcni Dp aa they aomo, ------- 396 Executive Session This will be Finding No. 3. MR. VANDERHOOF: All right. MR. STEIN: We have three already. will be Finding N6. k or Conclusion No. 4. MR. YAHTIS: Mr. Chairman, please u in holding to the view that the interference fish is not gross economic harm, xe fully sup development by this conference of a series of should be taken by local, State, and Federal G and by the public to bring about an improved which the solution can be attained of the pro have. So the mere fact that we don't think t shellfish problem is gross does not mean that quite willing to work on the rest of the prob I mean this derstand that ith shell- ort the steps which vernment, Limate in Lems we at the we are not em. We are. MR. STEIN: Right. I MR. YACCTIS: Me are even eager to. MR. STEIW: I recognize your position, Mr. Yantis. I should indicate that the words of the statute are not "gross economic harm" but "aubstantieil economic injury", and whether you think there la a difference or not, I think we should follow the words of the statute• MR. YANTIS: Mr. Chairman, simply iiBcrlbo it to my bad memory. ------- Executive Session MR. STEIN: All right. Go ahead. MR. VAHDERHOOF: nMo. U. The Pood and Dr Administration, in cooperation with appropriate St regulatory agencies, continue their recently initi national study of oil and hydrocarbon residues in including those taken from Galveston Bay, with the objective of determining toxical—w MR. STEIN: Toxicologlcal. MR. VANBERHOOP: --t-o-x-l-c-o-l-o-g-i-c MR. YANTIS: Any way you pronounce it, 1 , 291, ite uted ysters a-1-- is still bad. MR. STEIN: Well, you know, I can spell Quebedeaux, too, but I can't say it. (Laughter.) MR. VANBERHGOF1: "—effects, if any, of flinch concentrations. These data, and any evaluations, will be made available to the conferees of the Oalveston Bay Enforcement Conference," MR. STEIN: II have but one editorial suggestion Food and Drug Administration continue "its" rather than "their." MR. YANTIS: Well, Mr. Chairman, if we want to be real edit.orializlnp, when we write ordero or ntatutea ------- Executive Session In Texas we normally say "a particular agency o successor agency." Now, that is nitpicking, bu times an agency simply goes out of business and else takes it up and if you have not provided f there is a loss of continuity. But however you word the paragraph, wi scribe to it fully. MR. STEIN: You know, the Pood and Dn Administration has been around for a long time. put my money on It that there isn't going to be cessor, But my problem with this is that, I dc 398 its some- someone r that sub- I will a suc- n't know, maybe I went to school many years ago, but if wt have to have the Administrator sign this, I think that t,t least, unless the rules of grammar have changed, we should try to keep it-- MR. YANTIS: Mr. Chairman, I would like to point out most forcefully that the chairman of the Texas Water Quality Board Is an old newspaper man, he is a grammarian from way back, and he would take some hide off of a lot of uo if we wrot« some stuff that wao not gram- matically correct. MR. 3TEIW: Well, with that amendment let's go ------- Executive Session on. How about No. 2? I am glad you are agree 322 of them. MR. YAMTIS: That was No. H, I thoug what happened to 1, 2 and 3? MR. STEIN: We are doing non-Euclide matics. (Laughter.) MR. YAflTIS: 0. K. Gad, you are edu MR. VAHDERHOOF: Gentlemen, I can pr toxicology, but I have a difficult time with t word. "Mo. 5- To insure that approved shel vesting areas ire properly classified at all t ! pling for determining bacteriological acceptab areas for ahelirisf. arvestlng in Galveaton Ba on one t. But n mathe- ated. nounce is other fish har- mes, sam- lity of shall continue to emphasize the most unfavorable hydlrographic and pollution conditions. The nost unfavorable hydro- graphic and pollution conditions will be determined by technical personnel of the Texas State Health Department, in cooperation with the Pood and Drug; Administration and other State and Federal agencies." MR. YANTTS: Mr. Chairman, could I add one thinf there, purely for completion. Let's say other State, Federal and local agencies.* ------- 400 Executive Session MR. STETN: Is that agreeable? MR. YANTIS: Admittedly counties an things are subdivisions of the State, but I wjuld not want for them to feel that their assistance w-is not welcome. Most of us forget, but Galveston Ba, actually in a county. Most of it is in Chamb not all of it. And when you get out there you the county as Just being the land, but this i The County Commissioners Court does governmental interest in the bay itself and I i other jrs County, think of 3 not so. have a would like to say. State, Federal and local agencies. MR. STEIH: Is that agreeable? MR. VANDERHOOF: That is agreeable, MR. STEIH: Fine. Let's go on to 6. MR. VANDKRHOOP: "Effective disinfection of all waste sources contributing bacteriological pollution to the Galveston Bay itystem will be provided. The Texas Water Quality Board follcy to this effect shall continue to be Implemented. Where effective disinfection IB not presently bcinp accomplished, Jt la recognized that ade- quate measures are under wny to necure that disinfection. ------- Executive Session MR. STEIN: IB that agreeable? MR. YANTIS: Admittedly counties and things are subdivisions of the State, but I would not want for them to feel that their assistance wan not welcome. Most of us forget, but Galveston Bay is actually in a county. Most of it is in Chambers County, not all of it. And when you get out there you ->hink of the county as Just being the land, but this is not so. The County Commissioners Court does have a governmental interest in the bay itself and I irould like to say,"state, Federal and local agencies. MR. STBIN: Is that agreeable? MR. VANDERHQOF: That is agreeable. MR. STEIN: Fine. Let's go on to 6. MR. VAHDERHOOF: "Effective disinfection of all waste sources contributing bacteriological pollution to the Oalveston Bay system will be provided. The Tcxaa Water Quality Board policy to thin effect shall continue to be implemented. Where effective disinfection is not presently being accomplinhied, 3t Is recognized that ade- quate measures are winder way to aecure that disinfection. '4-00 other ------- Executive Session These measures shall be in effect by Decembe The Texas Water Quality Board will continue its policy requiring the elimination of smal The centralization of facilities wherever po the halt or proliferation of small plants wi consistent with existing appropriate procedu implementation schedule for this program as the Texas Water Quality Board will be made a the conferees of the Galveston Bay Enforceme not later than April 1, 1972." MR. YANTIS: Mr. Chairman, we cone think it is a good statement. We did, thoug suggestion, which I thought had already been Wherever you have a completion date, as here December—what—31, 1971, that is only a cou away. Mow, chlorlnation la important. We ha chlorination in Texas long before many other 401 31, 1971. o implement plants. Bible and 1 continue, es. The I nitiated by j ailable to j t Conference r in that, , have one put Into it. you have le of months e required States did. We do believe in It, But It does take time to buy and install and build chlorination equipment. It cannot always be done by this date. However, any extension of time should be fully Justified. So I think, though, we should add on that date that "or such oth®r tine as may be required by a properly ------- 402 Executive Session pursued construction program." MR. STEIN: Mr. Vanderhoof? MR. VANDERHOOF: I recognize the ra behind Mr. Yantis's statement and admittedly 1972--1971-- MR. STEIN: Let me Just-- MR. YANTIS: That is Just two month MR. STEIN: Yes. Let me Just raise tion. I think we discussed this before. Di to some agreement on this? MR. YANTIS: Yes, we did. I thoug! phrase that I suggested or something like it MR. STEIIf: If we came to an agree: I would suggest—and no one is held at the E: Session by anything we discussed before, but we did or we didn't. MR. YAtJTIS: Mr. Chairman, all we ;ionale December away, see the ques- In ' t we come it that the , which was-- rient before, cecutive I wonder if ire trying to say Is that If in the minds of any aevere bull reasonable person an additional period of time IB requited to pro- perly complete a ehlorlnatlon facility that that addi- tional period of time within reason should b« granted. Aa written there really Ha no acknowledgement that there bo a period of time Beyond that date which reasonably ------- 403 Executive Secsion could be needed. I simply want to provide that it could be greinted upon the showing of provable need, and that is the entire thrust of my comment. MR. STEIN: Well-- MR. YANTIS: The language In which it is stated I have no particular interest in. MR. STEIN: What do you want? I seem to recollect the situation here. Now , I am not; sure that all of the municipal waste in Houstoi •, j is being disinfected now. Is that correct? I MR. VANDERHOOP: That Is correct. MR. STEIM: All right. How, if you put this in effect by December 31, 1971, according to the statemeit as I read It there is very little likelihood that a big city like Houston is going to have disinfection facil- tiea, and they are going to be in violation coitio the Orst of the year. Do you want to provide a Droviaion on that to enable them to proceed at all possible opeed or not? And I think this is the issvic and this viiaa noted before. I think we are going over the sarac proiirid, I don't know. Could we have a resolution of that, If poflnlble Mfl . VANDEPffOOF: Well, I will concur, then, with M!r. Van tin, provided that whoever the violator may ------- Executive Session be provide proper justification to the Texas Water Qualit Boardj and the citizens of the area in which this facili- ty is located will be notified by a newapap ment. MR. YANTIS: That is quite satisfactory. MR. STEIN: All right. MR. YANTIS: And we will notify interested governments too. This is fine. MR. STEIN: All right, may we go on? MR. VANDERHOOF: "No. ?. The Environmental Protection Agency and the Texas Water Quality Board will cooperate in a study of Galveston Bay. This study is presently being conducted by the Texas Wate on all sources of municipal and industrial mitted by the Texas Water Quality Board to er announce- r Quality Boar wastes per- discharge effluent to Galveston Bay and its tributaries. These examinations shall emphasize determination of complex organic compounds, heavy metals, and other potential toxic substances as well as oil arid grease from each waste source. Recommendations and scheduling of neces- sary abatement will be provided to the conferees an soon as they become available. The Texas Water Quality Board! permits and eelf-reporting data system should be amended ------- Executive Session as necessary to reflect the recommendations source survey. A progress report on results study will be made to the conferees within s the date of the reconvened session of the Oa 2nforcement Conference." MR. STEIN: May I make one suggest Where you have that "should", how that "will"? MR. YANTIS: If you are trying to mandatory I think it would be "shall," would MR. STEIN: Mo, I am not saying it mandatory. MR. YANTIS: All right. MR. STEIN: I am trying to make it >f this waste of this .x months of .veston Bay Lon? about making nake it i't it? should be declarative-- MR. YANTIS: Yes, 0. K. MR. STEIH: —rather than mandator because "should" means you can take it or leave it. Largely I am talking in terms of style. MR. YAIJTIS: Yes. What you are saying is when somebody nays consideration should be given to ao-and-aoj, the guy aayB, well, I considered it and I rejected it? MR. STEIM: Yes. MR. YANTIS: 0. K. I agree with yon. ------- Executive Session MR. STEIN: All right. So we wi "should" and make it "will." I think that with the rest of the grammar. 0. K.? MR. VANDERHOOF: All right. Now I have this sentence correct, Mr. Stein: "The Texas Water Quality Board pe reporting data system will be amended as n MR. STEIN:"—to reflect the recom this waste source survey.' intended. I think that Are there any other comments? MR. YAHTIS: It is all right. MR. VANDERHOOF: ''Ho. 0. The Tex Board will continue its review of each was 406 1 strike that is consistent to make sure mitB and self- cessary-- endations of is what is s Water Qualit e source dis- charging to Calvcston Day and its tributaries and will amend these permits--aaend those permits a[s necessary to insure that the best reasonable available treatment is provided relative to> dischargea of oil andl grease. The Texas Water Quality Board Mill cooperate with EPA in determining what treatment is the best reasonabla avail- able treatment, it in recognized that improvements in technology will be Incorporated Into future permit revisions. A progress report will be madcs to the ------- Executive Session conferees within six months of the date of the session of the Galveston Bay Enforcement Conf MR. YAHTIS: This is completely all do have a similar thought to what I had earlie have "The Texas Water Quality Board—"in determi this type of treatment is"—cooperate with EPA 407 reconvened rence.' right, i Let's ning what governments. MR. STEIN: "..will cooperate with EPA 'governments." 0. K.? i MR. YAHTIS: I an sure that Walter wo-jld like to have some input. It is all rlgl1 MR. VACIDERHOOF: Yea, that io agrees MR. STBIII: 0. K., let's go on. MR. YA»TIS: I would even add the Ut and local and local uebedeaux ile. ted Nations except for their recent activities. (Laughter.) MR. STEIN: I thought you specialized in red shirts. (Laughter.) MR. YAHTIS: But not red flags. MR. VAHDKRHOOP: "tJo. 9- The ongoing review and amendment by the T«xas Water Quality Board of existing permits recognizes that preater reduction of wastes will he required of waste dischargers to the Oalvoaton Bay system to meet water quality standards. The conferees ------- Executive Session note that in the past three years the organic waste lojad being discharged into the Houston Ship Channel has qeen lowered from about ^30,000 pounds per day of BOD to 103,000 pounds per day of BOD. Any amendments to exiijit- ing or new Texas Water Quality Board waste control orders as a result of this program will prohibit dilution as a substitute for treatment. A progress report on continuing reduction of waste loads will be provided to the conferees within, six months of the date of the reconvened sessipn of the Galveston Bay Enforcement Conference." MR. YANTIS: This is all right. As a mattejr of fact, I was thinking about commenting. Someone earlier in speaking drew attention to that paragraph and the nature of their comment was that they thought that this was(some- thing that the Federal Government had required of th State. Well, it is not. This is something that the(State itself haa required for a long period of time, and I per- sonally wrote that sentence into that paragraph. Vfhy I think you should know this I don't really know, except that we Just ain't all bad. MR. STEIN: Are we In agreement on that? MR. YANTI3: Yes, yen. MR. STEIN: All right, let's move to 10. ------- Executive Session MR. VANDERHOOF: tfo. 10. A character! and evaluation of the water quality significance materials from pollution sources contained in th sludge dredged from the Houston Ship Channel sha conducted. Based on the results of this evaluat; examination of present spoil disposal areas, reci tions will be made by the Texas Water Quality Boi the Environmental Protection Agency on locations able spoil disposal areas and other appropriate i (minimize or eliminate deleterious effects on watcir quality]." MR. YANTIS: Mr. Chairman, we agree wi We also agree with Dr. Quebedeaux1 earlier commei the difficulty of analyzing sludges for certain 1 Me have, however, both EPA and the Stat<>, for qu: time been requiring that where major drudging wai ation of organic 1 be on and mmenda- rd and of suit- ction to h that. ts about hings. te sorne- involved and someone said we would like to know where to put the spoil, including the Corps of Engineers--we asK the ques- tion, 'Veil, what is in It?" Because the sl'idQGB and muds that can be moved around can be, of course, grossly pol- luted with all manner of things. So to a degree this particular recommendation .Is something already being done. But we concur in it act stated. MR. STEIN: All rle^t, let's GO on to 11. ------- Executive Session MR. YANTIS: I am still wondering what happened to 1, 2 and 3. I mean is there some reason for taking them out of sequence? MR. STEIN: Ho. MR. YANTIS: Maybe I was asleep, but we started with No. ^, I thought. MR. STEIN: Ho, we went to 1, 2 a|nd 3, and now we are up to 11. MR. VANDERHOOF: 1, 2 and 3-- MR. STEIN: How I am using ordina|l numbers tin roughout. MR. YAHTIS: Well, I am kind of a number man myself. MR. STEIN: I know, you can't get cardinal of.? those red shirts. MR. YAHTIS: When did we deal wit'b 1, 2 and 3? MR. STEIM: At the beginning. MR. VAHBERKOOF: On page 25 of the Federal law there were aeveral requirements, three to foB precise, that the Chairman must require. MR, YAl'PTIS: Yes, but that doesn't have any- thing to do with the pa^agraphe that we had written, the 10 or 11. ------- 4 LI Executive Session MR. STEIN: No, it is Just a numbering-syst MR. YANTIS: Oh, I am with you now. You ar talking about (4)(A), (B), (C), and so forth. MR. STEIN: Right. MR. YANTIS: 0. K. I am with you. MR. STEIN: All right. Go on. MR. VA1IDERHOOF: No. 11. MR. STEIN: Now, we changed that. MR. YANTIS: Which one? MR. STEIN: What he is reading now. MR. VANDERHQOF: "Alert levels for acute and chronically toxic or growth-inhibiting parameters are being developed by the Food and Drug Administration f shellfish from all approved national growing waters, including Galveston Bay. These alert levels will be dis- cussed with technical personnel of the Environmental Protection Agency and were presented at the Seventh National Shellfish Sanitation Workshop sponsored by the Food and On.,; Administration. The Environmental Pro- tection Agency, In cooperation with the Food and Drug Administration and other appropriate State and Federal agencies--" MR. STEIN: I tell you what I am goJnc to do, ------- Executive Session I am going to recess this until we get copies in of us. I don't have a copy. We changed that and know what the point is in reading stuff that we c We will recess for 10 minutes and I hop one will get the Chair a copy of this so I can fo (RECESS) MR. STEIN: Let's reconvene. 11 MR. VAHDERHOOF: Mr. Stein, I was readi MR. STEIW: Yes. MR. VAHDERHOOF: Recorder, I will start on No . 11. ront I don't anged. some- low it. g No. over oxic d by "Alert levels for acute and chronically or growth-inhibiting parameters are being develop the Pood and Drug Administration for shellfish frjom all approved national growing waters, including Galvejston Bay. These alert levels will be discussed with technical personnel of the Environmental Protection Agency and were presented at the Seventh national flhellfish Sani- tation Workshop sponsored by the Food and Drug Adminis- tration. The Environmental Protection Agency, in coopnra tion with the Pood' and Druj[ Administration and other appropriate State and Federal agencies, will work to ------- Executive Session develop parameters for the same characteristi waters approved for shellfish harvesting.1" MR. STEIN: Mr. Yantis? MR. YANTIS: Mr. Chairman, I will hav for an amendment of that. There is no agreement among scientists exactly what an alert level is. I think we all what we are trying to do, but I don't think we h whether It can be done or whether it would do wh hope for it to do. It was presented at that conf ar d either the details or the concept were rejer at least nothing was approved. I think we should insert in there sonu not that we will dio something with alert levels '413 i in to ask as to derstand ave agreed t we rence ed, or language hut that if alert levels are developed and approved in tlhe proper forum that we will then see?, to do the same thing within the confines of the rest of the paragraph. But I think there Is an implication which is actually not correct that all scientists have bought the Idea yet. Apparently they have not. MR. VANDERKOOP: Mr. Stein, as I recall at this point, we had called Mr. Ton Gallagher to the podium to again give un detail on what did go on and what the Food ------- 414 Executive Session and Drug Administration is going to do. I bel should recall Mr. Gallagher at this time. MR. STEIN: Well, I have no objectio I think I recall this. Do you have any objection to what Mr has said? As I recall, this is substantially versation we had before. Here, let me try this. I know I use you before. Let me try it again. We say'if'--let's start it this way: "if alert levels for acute and cnroni or growth-inhibiting"--and I Just can't say thi meters" because I don't understand it the way .eve we i to that. . Yantis ihe con- 1 this on :ally toxic 3 "para- you people do. "if alert levels for acute and chronically boxic or growth-inhibiting factors are developed by the Food and Drug Administration for shellfish for approved growing areas, including Oalveston Bay, the Texas Water Quality Board and the Environmental Protection Agency, in coopera tion with other appropriate State, Federal and local agencien, will work to develop requirementa for the same characteristics In waters approved for shellfish harvest- ing." It Is understood that these alert levels--and that ia all. ------- Executive Session In other words, what I would say, and ;his is what I understand we agreed to before, that if tilese are developed that "...the Texas Hater Control Board and the Environmental Protection Agency, in cooperation with the Pood and Drug and other appropriate agencies, will work to develop requirements Tor the same characteristics' In the areas approved here. And that does not say they are going to be developed or not. MR. YAI1TIS: This Is all r:.g>it. MR. STEIM: This Is ray urri«=-standing olf what we said before. How, let me again give you my candid view on this. This Is not an operating regulatory requirement at the present time. Hhat we are saying is that concept is developed by Food and Drug Administre Texas authorities and EPA will work to put thest if this tlon the require- ments .In effect on the waters covered by this conference as we will with the otner States. Isn"t— MR. VAKDERHOOP: Sure. MR. STEIN: Isn't that what we-- MR. YAMTIS: That's right, that'a reasonable. MR. STE1W: All right. MR. YAWTISs Except that I would liho to add ------- Executive Session one thought. MR. STEIN: All right. MR. YANTIS: We cannot, as the Texas Quality Board, preempt the work of, say, some Water other State agency that by the Legislature has respcnsibility. Probably most of the responsibility in this particular field is with the Texas State Department of Health. I would suggest that you either say, The Texas Department of Health end the Texas Water Quality Board" will do so-and-so or "The Texas State agency designated by law" will uo so-and-so. MR. STEIN: All right. MR. YAMTIS: But we cannot simply mcve in on a Public Health, Pood and Drug matter. We don't State have that statutory power. MR. STEIM: Can we say. "The appropriate Texas agencies and the Environmental Protection Agency"? MR. YAHTIS: That Is fine with me. MR. STEIN: So we can get around that. I think we have the same situation, Mr. Yantls. I think the prime mover in this ID going to be the Pood and Drug Administration for the Federal establishment. MR. YAWTIS: Tills la all right with me. ------- Executive Session MR. STEIN: 0. K. May we go on to the next? MR. VANDERHOOF: "No. 12. Chemlca causing color and waste effluents such as t and paper mills shall be reduced to natural area waters as soon as practicable as stated Texas Water Quality Board waste control ord on feasible processes to accomplish this re shall be submitted to the conferees within reconvened session of the Galveston Bay Enf f erence.' MR. YANTIS: This is all right. A the discussions that have taken place, ther ing that the color in and of itoelf is harir , constituents ose from pulp background in n existing rs. A report ommendation months of thi: rcement Con- d remembering is no show- ul, certainly not to shellfish. It is aesthetically harmful and I think aesthetics is a. valid part of a water pollution control program. I agree with what Dr. Quebedeaux said earlier about not getting all shook up over color. In the purely public health sense I agree, but vie have moide aome com- ments .In the Texas Waiter Quality Board permits about color. We think it ouight to be removed when it can be removed. So I wo------- Executive Session MR. STEIN: Right. I would like to comment on that. I think at least the Champion paper tive indicated that they were not successful i color, but that they, as I recall their testim certainly amenable to removing the color if a be developed which was feasible. We have seve grants to paper companies for removing color. out one to them in Georgia and the Southland P think Cham--at least Southland indicated that that swamp area to put their wastes and they c But that wouldn't be possibly applicable here. then another major paper company with a plant has indicated that they have a successful way color which wouldn't require all this apace, an nake a repreaenta- removing >ny, were nethod coulc ral Federal I pointed per and I had all uld do it. But since n Maine f removing this might be looked into. In other words, I would like to associate myself with what Mr. Yantis said and Dr. Quebeaeaux on this. I don't think this question of color from the pulp and paper process is a public health problem, but it certainly ia an aesthetic problem that I fcnow we get a lot of complaints ahoub. If the reports fro:;! some of theoe paper com- panion which claim they have successfully removed color ------- Executive Session are valid, we may be on the verge of being able to giife a technology to the industry to remove this color. I don't know if the people in the audience recognize this, but this color is not the kind of colbr that you would think of in dyeing paper or in paperboard. It comes from the pulping process. It is not something like red, blue or green. It is a kind of a blacli-locjking thing when the light hit«; the receiving waters in a certain way. When some of the people go down for j recreation at waters and they see *.hese waters, whetllier they are inland waters or coastal waters, and get th|Ls color, they don't find it very attractive. I think we have all recognized this problelm, and I would agree completely with Mr. Yantis that the deleterious effects of this, if any, are aesthetic In nature. MR. YANTIS: Mr. Chairman, let TTKJ add one more comment. MR. STEIff: All right. MR. YA^fTIS: Of course the color material la primarily niipLy the aap that has Jveen soaked out of the woorl. There are ft few other things 3n 5t, hut they all were Juat din.iolve.-l ouit of the wood. To the extent that ------- 420 Executive Session they are sugars and things like that they are, of course, biologically treatable. But some of th?se things, what people call lignin, are not biologically treatable, bacteria simply don't eat them, but they are not things that have been introduced into the waters in the sense of chemicals. They are Just the coloring material soaked out of a piece of wood. When he said it was black, T was thinking some people call it light black. I don't know exactly what color that is. (Laughter.) Actually it is more of an amber or brown, it depends on a number of things. We have actually had people come into our office in years pr.at, not lately, and if I was to show them a glass full of a paper mill waste, as far as color Is concerned, and say,"Well, now, would you be happy if the waste were this colorV "And the guy would say, "Well, yes, if it is that color, I will be real happy." What he didn't know was, he was looking; at what he called black water in a glass, because there is really not very much of it. It can, In many cases, look almoot clear. The problem is when you look straight down at It through 10 foot it looks as black as Ink. Tt isn't real ------- '121 Executive Session dark; it simply looks dark in the stream, wh this is what we are talking about, if it loo is dark no matter what the laboratory says. But anyhow, I did want to stress t it is not any different from the dark water Texas swamp. It is the same material, the s It is ugly if you don't like it. If you we it, you don't even see it. MR. STEIH: I think we are in agre Yantis. I thought perhaps we might have bee agreement, but— MR. YANTIS; I am not defending it trying to put it in its proper perspective. MR. STEIP1: Right. MR. YAHTJS: As soon as we can tak ch, since s dark it e fact that n an east me thing. e reared on ment, Mr. in dis- I am simply it out-- MR. STEIM: When I said black and you said light tan or amber, but when you worked it around to real dark Jet black I figured we were pretty close together. (Laughter.) MR. YANTIS: Yes. Well, we still want it taken out as soon as it can be done In a reasonable aense. We don't like it eitlher. MR. STEIH: Yea. ------- 422 Executive Session I think this is the important point, know Mr. Yantis said this, but let me tell you again. I think this is right, if you look at glass of water you won't see it. However, if y relatively deep stream and you look at that, t in appearance as you look at the stream might said, Jet black. Yet if you dipped a glass in and picked it up and tried to reproduce that J in looking at the glass holding it up to the s might see Just a. tinge of amber in it. We have a very difficult kind of con: of waste to get out of water in this, is the pi because, as you can see, It is in there in ver; and I this Lt in a ju get a lat water , as he that water it black , you itituent >int, r dilute quantities, and the offense it has is Just to tlie eye when you look at it in deep water. MR. YAfJTIS: Murray, let's not keep on saying too many nice things about it. We are going to have people demanding that we put It in the water If we don't watch out. (Laughter.) MR. STEIN: I haven't heard that yet., All right, let's g° fc° 1?» Ol)r lucky number. MR. WVNDEHHOOP: "TO meet present official State- Federal water quality standards entabliahed for dissolved ------- . 423 Executive Session oxygen In the Houston Ship Channel, it is expected that the maximum waste load discharged from all sources will be about 35,000 pounds per day of 5-day BOD, including projected future development. The Texas Water Qujllity Board, in cooperation with technical personnel of the EPA, shall review existing waste discharge orders with the objective of allocating allowable 5-day BOD waste loads for sources discharging to the Houston Ship Channel such that the probable 35,000 pounds per day maximum shall not be exceeded. A report will be made to the conferees on the results of this review by April 1, 1972. The alloca- tion for each waste source as determined by the Texas Water Quality Board, in cooperation with the EPA shall be obtained by December 31, 197'*. Interim dates to deter- mine progress toward compliance with the assigned alloca- tion shall be establlohed for each waste source by May 1, 1972. The conferees also recognize that discharge of other waste constituents, such as, but not Limited to, chemical oxygen demand, suspended solido, complex organics and other toxic materials also contribute to the pollution of Oalveston Bay and its trlbiitarien. An allocation of allowable waste discharges for these pertinent parameters from each waote source will be established by technical ------- Executive Session personnel of the Texas Water Quality Board Environmental Protection Agency consistent available treatment practices and such allo be reported to the conferees by September 1 conferees recognize that technical consider require a reassessment of this schedule In some of the municipal and industrial waste considered. These necessary reassessments i mined by technical personnel of the Texas Wa Board and the Environmental Protection Agenc mendations concerning schedule changes will nd the .th best ation will 1972. The tion may case of ources to be ill be deter- er Quality f and recom- e made to the conferees at 6 months intervals. MR. STEIH: Any comment? MR. VAHDERHOOF: I am not flnishec MR. STEIH: Wo? MR. VAHDERHOOP:"The foregoing recommendation shall not be construed as in any way foreclosing or inter ferlng with Federal, State, or local statutory proceed- ings relating to the authorization, amendment or revoca- tion of Federal or State waste discharge permits or orders, nor shall such recommendations operate to delay or prevent the creation or operation of regional waote dlspooil systems such as the contemplated Gulf Coaot Waste Disposal. ------- 425 Executive Session Authority." MR. STEIN: Any comments? MR. YAHTIS: Yes, we adopt it, bu are some things that should be said about 1 them is technical and the other one is simp or legal. Me ourself in several matters cam estimate that BOD, 5-day BOD, that 35,000 p is probably all that th'j Ship Channel can s would like to express again, as I have, thl guess as it is a calculetion. First let me tell many of you wha is. .''• is a measure of the organic food avi marily to bacteria so that as the bacteria they remove oxygen from the Mater. For the I think ther One of y procedural up with the unds per day and. But I as much a BOD actually liable pri- at and grow most part the oxygen came from the atmosphere. In a senou, it is simply a measure, then, of organic matter as opposisd to mineral matter that might be In the water. You could take a shovelful, let's say, of sugar and pour it in water and as the bacteria grew you would remove oxygen from the water. On the other hand, remember that ox"gen in always going back into the water from the nir. If there is enough wnter along with the ------- 426 Executive Session organic matter, then actually nothing happens because of the dilution. For instance, remember that if someone wants to limit a waste purely upon the pounds per day of anything you can simply pump seawater into a out the other end, and the pounds per day of minerals going out your pipe will be fantastic but you haven't done anything, really, except circulate seawater. So there is a factor which the computer does sarily take into account properly as to the of the organic matter you have. Neither does your com- puter always take into account whether a particular or- ganic matter Is readily available for bacterial food or available with difficulty. So I would lifce to stress there is pipe and dissolved not neces- concentration a great uncertainty as to i-he 35,OOO BOD. It is usable with intelligence, with reservations, as a design parameter. The correct number, if there is one at all, might he 10,000, it could he 100,000, it is not likely because we are down to that almost now, but it could be 50,000 or 60,000 as well as V?,®QQ. Now, despite our reservations that it lo a very solid figure, we are willing to try very hard to see if we can revise all of the waste discharge permits using ------- Executive Session this limitation as a guide. Very likely we can do it, hut whether it will he successful or practical in my opinion is open to question, but we will try. Now, the other point that we have added--and we have had any number of coffee—cup conversations about it--thi3 conference, important though it is, inte resting though it is, and sometimes emotional though it is, is limited in the legal things which it can require. does not set aside Federal law, it does not set aside State law. The person who suffers from pollution has certain legal rights, and you can philosophize or that for a long tiir.e. B-it the person who has a waste to dis- charge has certain legal rights too. You can wrap all of th t.a up in what Is called due process. Everybody 427 It agrees with due process of law for people who agree with you, but It is rather hard to agree with it--to want due pro- cess—for people that you don't agree with. But the law says you have got to, and there are many Supreme Court decisions on that issue. We hold, and this Is why that last paragraph was added, that there arc certain requirements of Texan law that have to be fallowed. We have to havn public hearin^a—even If we are improving a waato we usually ------- Executive Session have public hearings, though not alwaya--but we do have to have public hearings, reports written and invoked by our board so that not only is the public prote the rights of the person with a discharge are We cannot do away with these procedures Just b are trying to reallocate the waste-receiving r the area. The Federal Government without going through a court proceeding cannot set aside these Stat either. Now, we on our part cannot set aside law. So we have simply tried to say that what State law requires that the Water Quality Boar 428 cted but protected. "cause we ssource of s laws Federal sver the 1 do, the things that we do will be done according to thjse laws. Whatever the Federal Agency does, it will do ib according to the Federal laws. Me will each be very law-abiding citizens, which will upon occasion make some of you un- comfortable, because people who very passionately hold that a certain goa.1 should be reached quite of fcen are impatient with laws which appear to prevent thttm from reaching what they think is a proper goal. It may be a proper goal, but th«tre in a proper way to get there too. So we agree to this paragraph which has been rewritten for about the twentieth time, with the ------- Executive Session understanding that technically it is a good thing to with no guarantee actually that it will work, and the safeguards and provisions of State-Federal laws will be followed, even though it sometimes slows things dcwn. With that understanding, we vote for it. MR. STEIN: Are there any other comments? MR. VANDERHOOF: No other comment. MR. STEIM: Well, I am glad you arrived at agreement. I think maybe this was our lucky 13. ThJ very well may be the crucial hurdle for this conferer we had to get over. And since you arrived at agreemc I wouldn't even suggest changing a comma, although you have enshrined a wonderful literary gem like pertiner parameters" in here, which I think is J'ist wonderful, try, all an ce nt but I understand what it means. Can we go on. to 14? MR. VAHDERHOOP: Right. "All waste sources which discharge directly to Oalveston Bay and other tributary areas, including Clear Lake, shall have allowable waste loads allocated by J'une 30, 1972, conoistent with hcst available treatment prac- tices. Thin allocation shall Include Interim dates for accomplishment of required! waste treatment and/or wante ------- 4-30 Executive Session treatment facilities will be in operation by Decembe 1974." MR. STEIN: Any comments? MR. YANTIS: Yes. I am trying to decide h to phrase them. The word "beat," the word "available" are almost indefinable. if you take them out people wond what you are trying to do. If you put them in, you wonder what is it that you really mean. Now, please remember that any level of wast treatment can be done. There is essentially no limita- tion. We can put out pure distilled water. It is net particularly hard to do. It is expensive to do and jou have a real problem of finding conpetent operators fc 3-shift 7-day-a-weefc operation. If you are thinking about viruses, you have even nore trouble finding latora- tory techniques to prove that yo«> did produce the quedity of water that you think you were working toward. « it So when someone says best available treatmcmt, you have not said where do you stop. It might lie 5 BOD, it might be 20, it might be zero BOD. For myself, arid I will admit the worrl Is also vag'ne, I HV.e to add ouch things ao "shown to be necessary" or "reasonable" or "as 31, er ------- 431 Executive Session required by circumstances." There simply, in my needs to be a definer as to just what is best ava treatment. I know you don't mean, because we have t about it, this so-called distilled water concept. don't Unovf, though, whether we mean 5 BOD as we h£,ve debated, whether we mean 12, as we have laid out, we are talking about removing BOD or nutrients or ! i or removing viruses or any of a number of other th i Now, remember, you can have so-called tertiary trc advanced waste treatment, and still not take out 1 mercury if there is any there. So I woald like to suggest that we try 1 some word which will modify "best available;" whel v;ant to put In "reasonable" or ""shown to be r.qcesi "feasible," I do not Know, but I think we need an ind, lable alked whether both ings. atment, he o find her you ary or under- otanding of where do we stop when we say "boat." MR. VANDERHOOF: Mr. Yantis, I refer yoi;l to No. ------- 432 Executive Session MR. YANTIS: Yes. MR. STEIN: Where are you going to pu at the end? MR. YANTIS: Are we at the end? MR. STEIN: No, at the end of that 13 wonder where he wants to put that sentence. MR. YANTIS: Wherever, it doesn't mat MR. VANDERHOOF: Let us tack It ripht end of No. 14, which previously stopped with De t that, 31, 1974. MR. STEIM: All right, that is great. Is that agreeable? MR. YACITIS: Yes. MR. STEIN: All right. Let's go on to MR. VA11DERHOOF: Your recording secre er. on the 2ember 15. tary Is all thumbs. Wait a minute. MR. YANTIS: Excuse me. I think my deputy has an idea. What Mr. Teller Is concerned about--and I think properly, I mean this was partly in the back of my mind--Is that we have debated and commented on several occasions In the program for Clear Lake or Clear Creek Baaln where we went thro'!if?}i a cerlcn of hearlngo and ------- 433 Executive Session things and came up with 12 BOD, plus some other require- ments, knowing that it is at least technically possible to go to 5 or 2 or 1. There has not been a showing, how- ever, that it is necessary at this point, especia: .ly if some alternate waste disposal method will later bijs avalU able. In agreeing to the situation here and the addition of the word about best available treatment, the additional phrase which you read, that the Texas V'ater Qjality Board will Join with somebody and somebody in determining what best available means, does not me an thatj we automatically give up our feeling that 12 BOD Js the proper figure and automatically accept 5 BOD. Is this understood? MR. STEIM: Mr. Vanderlioof? MR. VANDEF.HOOF: Yomr recording secretary is slow. MR. STEIW: Did you hear Mr. Yant:1.s? MR. VAMDERHOOF: Yes, I heard Mr. Yantlo, and I would like a conference with any own technical otaff. MR. STEIN: Here, let nc say,I think if you fellows think you are going to resolve that 12 and 5 at thlo meeting, I am going to give you a-- 1 think that ------- Executive Session what we have agreed to is you are going to get togethe and talk about it. If you think you are going to reso it here, I would like to go through and leave you to yourselves because I don't think I can spend the time Houston until you are going to resolve that. MR. VANDERHOOF: I believe that issue of resolving the 5 and 12 should be in another forum than that of a conference. MR. STEIN: Right. MR.YANTIS: Well, I thin!: so too. And remem we have stated—and you t.now, If yoni -ise the right sem ve >er m- tlca, which people have ridiculed on occasion, you can lock a guy In a corner. It Is awf-il hard to justify doing something that is not necessary. So what we have stated is that we will support any level of waste treatment for Clear Lake that is shown to be neccsnary. If it is shown to be necessary, we support :I.t. We think IP1 .La enough. However, we would far rather--because this Is largely a .judgment decision, it la kind of an arbitrary rl'eeicioji, we jnalie no claim as to Ifcfl naLcnt;ric val l.dil iiy-~wft wo-rld Ii?e to oee oome fcype of an inventlfrat fon of* Clear Ln^'f which wo'ild 3n- cludr- many thinfrn henldes J"st v&ter silence to help pin ------- Executive Session down what they ought to do. And as soon aa we can pin down what they ought to do, we will require it. But if it ought to he ?Q, then it ought to be 20. If it ough to he 5, it ought to he 5. But I think it is a fact question more than an opinion question, and if you Mill agree that the statement as you and I have Just read it does not attempt i i to predict the answer in the Clear Lake watershed, then i I think '.hat statement ought to stand. I do think tha.t i , the further discussion of that on------- 436 Executive Seselon that it is going to be 5. We do not read tjhat into the paragraph. MR. STEIN: Do you agree with thalt? MR. VANDERHOOF: As long as Mr. Yajntis agrees that I haven't agreed to 12. (Laughter.) MR. STEIH: Well, I think we were Now, my suggestion here is, if I thought I fellows any closer together, like 7 and 11, at that. could get you I would try it, but I don't think I can. So let's leave it as it is and go on to the next one. 0. K.? MR. VAIfDERHOOF: Mo. 15 is the last one and it concerns the Houston Lighting & Power Company proposal. "Ho. 15. The following recommendation was not susceptible to Joint agreement by the Technical Task Force and both versions are presented for tie conferees' consideration. This concerns the Rousting [Lighting & Power Cedar Bayou Powerplant. "A. The Texas Water Quality Board recommenda- tion: The once-through cooling system, with discharge to Trinity Bay, proposed for the Cedar Bayou plant shall be carefully monitored to determine whether Irreparable damage to aquatic life Is occurring and/or water quality is being deleteriously affected. If auch effects are ------- '137 Executive Session shown, Houston Lighting & Power Company will ta immediate steps to correct the situation. "B. Environmental Protection Agency rec tion: No discharge of cooling water from the Ced plant to Trinity Bay shall be permitted. The Hous Lighting fi: Power Company shall be required to a waste heat load by incorporation of a system util: recirculation and reuse of cooling water to Tabbs and adjacent waters or location of additional uni suitable alternative sites." Mr. Stein, obviously the Federal confen mmenda- r Bayou on ate the zing Bay s at e goes th A with 15-B,and I presume the State conferee goes w according to their own technical people. MR. STEIN: All right. MR. YAHTIS: I do need, though, to add >|L very small postscript and ask for the change >of one word, although we, I think, helped write this. Actually, we read It; someone else Mrotc it, I believe. I would like to delete the word "irreparable," when we talk about Irreparable harm. In a bay system, I am thinking primarily of hot water, It io almont, impoo- oible to cause irreparable Ihiam. You can caitnn harm, real harm, but if you B top the clacacinr. action, tlin rouovcn-.y ------- Executive Session will immediately occur. It is, therefore, n able. There is an implication here that tha would do cannot he undone, which is, of coun case. And I think nearly all biologists wil that. The other thing that I think shoulc and whether it is to ours only or to both of is a very brief summary extract of documents | stack up a good many inches thick, and any tj extract something from that many papers the to misinterpretation, even though the thrust say is correct. I think you should say, the the Federal conferee and the position of the feree are more fully described in the files cf those agencies, because I think It is an Injustice t irrepar- which we e, not the agree to be added, them, this that would me you revity leads of what you position of State con- not to let it be known that there Is a vast record beyond these three little sentences or whatever they are. MR. STBIM: In that agreeable? I have several chances that are largely literary for the purpose of petting it. I think we have two recommendations here. The way I would rui(?eest, It would rend: "The following recommendation!! were not ------- Executive Session 3 re susceptible to Joint agreement by the conferee Houston Lighting & Power Cedar Bayou Powerplant."" And then I have it here,"Texas Water Quality Board recom- mendation," and then for Mr. Vanderhoof rather than for the EPA, because it is not that; it is "Federal conferee.' n Now, do you want to put Texas Water Duality Board'or Texas state conferee MR. YAHTIS: Either one. I will buyj either one, MR. STEIH: I think it might be bettjer, unless 'you want to put it for the board. I would suggest— MR. YAHTIS: Make it for the confere remem'oer-- MR. STEIH: Yes, "Texas conferee'1 and e, but the "Federal conferee," MR. YAIITIS: That io all right. MR. STEIH: So It will he co-equal. And how about that last sentence? Isn't that acreeable? MR. VANDERHOOF: Yes. MR. STEIN: 0, K. MR. VAMDBRHOOF: I have lout it. I hopn the recorder picked It tip, MR. STEItll: Do you have that? ------- Executive Session MR. YANTIS: Well, I simply said tha position of the Federal conferee and the posit the State conferee are more fully described in of those agencies. MR. STEIN: All right. All right. Now, this concludes the tlons and conclusions of the conferees. Is th extra you want to add or anything you want to cause I think we have about wrapped this up. MR. VAMDERHOOF: Well, at the next m the conferees of the Galveston Bay conference strongly recommend that it be done in the atmo it la today, that is in public. MR. STEIN: You know, I am always in the on of the files ecommenda- re anything ay? Be- cting of would phere as favor of a in-- public meeting. Dick, I have learned several t maybe not several things--! have learned one thing being around Government for about 30 years, and that is I have seen a lot of people try this, but ncn one hao indicated who his successor is going to be—very often they haven't. But even if they have, they can't toll what they are going to do. And I don't know, 1) whether you arts going to have another meeting, or 2) what people aro going to be at the next meeting, but I will toll you if I am at ------- Executive Session the next meeting, if there is a next meetin t?, as I have been in past meetings, I will be one who wants to do things in public. But I think it would be foolhard sit here and set down a rule of what someo us is going to do one way or the other. I maybe you feel better if you are going to never see that that is going to work. MR. YAHTIS: Well, Mr. Chairman, agree with you. People who have great fai say, open meetings laws and public hearing this too far, and some people do, feel tha even have a man come to your office and ta because you are doing this secretly, there there, and of coarse it is ridiculous to c far. for us to e coming after don't Know, o that, but I I tend to h in, let's , carrying you should not c to him Is nobody else rry it that Even during this conference, which is basically a public conference, people have been in and out of my room practically constantly. We eat together, we have coffee together, we talk together all the time. You really cannot limit yourself in your ao-ctLlled personal contacts. You cannot nimply stop speaking Juot because you are not in public. And yet there arc people who ------- Executive Session severely criticize us for having a meeting in sur office and not inviting all the press in. If the press wants to come in, I for one almost never care, but stil there is a normal work-a-day meeting of people kinds together, with or without notice, which violate any right of the public to have inform go to Dallas, you come to Houston, we go to De is where people work, that is where they are. think there should be no feeling that we are r from communicating. There has also been quite about the failure to publish Information. Let me talk about the word "publish" I an d all of all Joes not ition. We wer. That And I jstricted a bit said as opposed to the word "release." If you would realize that the water quality data available fills vast file cabinets full and that you get the equivalent of a Searn and Roe- buck catalogue every month, so to speak, you cdmnot pub- lish all of it. Yon slrsply lon't have the money, you don't have the budget. And I don't care how miimy people are interested, the highest part of them would never road it, and if they read it wouldn't understand it. It doen not mean it she-aid not J"C available to th« public, but you can only realistically ma1:e it available liy tell- ing people, "if you want to come to th? office, our office ------- Executive Session his office, Dr. Quebedeaux's office, our office ir area, and look through the files, have at it to yc heart's content. But you simply cannot print everj and publish it like a book." There is too much of it changes too fast and a great deal of it is not or audited and is correct—and is Incorrect. Once out; people take It as gospel and It isn't always. So please understand that information is i available. Ho one Is ever restricted in our office from i i | looking at anything they vrant to, but we simply dcjn't run around publishing it. MR. VAWDERHOOF: Mr. Stein and Mr. Yantis, ny position Is that it would have been preferable had thla mr thing it and checked it is freely we met here--i would say I was prepared to spend a week here if necessary, and certainly there would have to be frequent recesses whs-re certainly Me couldn't possibly agree upon language of certain Items. My point is that the pi?ople havo a right to see the decision-making procens and some of the stumbling blocks that we encounter and how we rosolvo thom. I think 111 was pretty apparent here that there wore outside men tinea, we .'lid hove oiitoldo contact to concur of agree upon wording, no 'loubt °f that, 'iut I think i. t wo-il'j have he en heallthlcr to havo done 't :tn an ------- Executive Session atmosphere where we say, "Well, we have got to go back here and talk with our technical staffs to agree upon something, let the technical staffs talk to each other and agree upon something and then come back and let us hassle." MR. STEIN: I wanted to say something on this when some of the citizens were talking. From viewpoint, you can speak In pious platitudes nbout deci- sion-making process. There are two words of cant that I have trouble with in modern terminology. One a practical of them IB "parameter," and the other Is the "decision-milking pro- cess." They are great, but I don't know what they mean. I do know with the enforcement technique that we operate under, and In other provisions of the law, we have very detailed provisions of law that we have to go through before we can make a determination. If "decision making process" means anything, It means Juo't that. It means that at the federal level, to me, and 'X am sure Mr. Yantia, in speaking about his State hearings and his orders, has the same problems. Now, let me try to put thin In peritpoctivo as regards citizens saying they are not In on the deoinion- making process. I have the same feeling, In a sensci, ------- 445 Executive Session that Mr. Yantis does about this material. My d always open, and I would like to invite any or you citizens to use it. We accept calls, even calls, if you feel that you have a problem that our attention. You may not always be able to g because I am not always my own man, but Mrs. Pi there, and you will be able to talk to her. Sh know where I am. I wish you could sit with me in my of: about a week—and I suspect Mr. Yantis and Mr. 1 may have the same problem—and see the load of j comes across my desk. I don't have the problem trying to keep Information from me; they seem ti dating me with it. (Laughter.) They wheel It or is 11 of ollect warrants t me, re is will ice for anderhoof aper that of people be inun- n by the truckload. As a matter of fact, it often requires severa secretaries and professionals to go through and weed it out. Because all one does all day is try to rend this material. Now, we have this material available in the office. We also havo material from technical a.nd other meetings. In dealing with Mr. Yantis and Mr. Vanderhoof, I would say that they do riot have what you would call secret meetings, in that they say something in private ------- 446 Executive Session that they don't say In public. I met with these gentle- men In private, and they are no different In they are In public. But if a member of a citizens group he was not made part of the decision-making p seems to me he has a right and an obligation- to say that—to go on his own Initiative, ask private than says that rocess, It -If you want Information, scout it out for himself, make tie appoint" ment and follow through. Then if he is not g information or is noi; brought in, then he is that decision-making process. But this would to my saying, "You didn't Invite me to X meet didn't invite me to this technical meeting in in Denver or what-have-you." This happens to for the Lven this lot part of be similar Lng or you Austin or me every day in the week. Now, when you talk about the decision-making process—and I don't want to start anything irh a partisan way again--but what would you think if I were to come down here with the enforcement staff and say to Mr. Yantls with all the things he has got to do, "You didn't give me the information, say, on the Houston Ship Channel or any other waters we were interested in. Therefore, you didn't bring me into this operation to find out what I had to do ------- 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. ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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.) -------