PARKER RUST PROOF DIVISION, HOOKER CHEMICAL CORP., Congressman THOMAS B. CURTIS, Washington, D.C. DEAR CONGRESSMAN CURTIS : It has just come to my attention as plant manager of the Hooker Chemical Co.'s plant in St. Louis, Mo., that Senate bill 649, being a bill to amend the Federal Water Pollution Control Act, has passed the Senate and will now come before the House for consideration. The partial allocation of the present Federal program to an Administratortransfer of certain functions away from the Health, Education, and Welfare Department is unwise because they will try to control this by decree. It would be better to leave this in the hands of the Secretary of Health, Education, and Welfare for his determination. This Department has an established and highly qualified scientific expert in the pollution field to help solve these problems. But, in my opinion, to authorize the Secretary of Health, Education, and Welfare to set water quality standards for interstate waters or portions thereof and thus indirectly to control waste discharges in tributaries as well, is wrong. A single Federal official could virtually control the effective uses of all the waters in the country of any real consequence. Although he would be required to listen to all interested parties, after satisfying procedural requirements the decisions on standards would be his alone to make. Further, such authority would open the door to Federal regulations of the economies of the various States, since they are so extensively affected by water availability and use. If justice is to be served, setting standards for any particular body of water calls for not only highly complex scientific interpretation and judgment, but also assessment of the economic and social impact on the area served by the water body in question. Nor can a Federal official weigh the potential effect of contemplated water pollution control requirements with the appropriate subjectivity of local, State, and interstate representatives of the region affected. Federal participation in setting water quality standards should occur only when State action or interstate cooperation is inadequate, and opportunity for doing so is already provided in the enforcement procedure of the existing act. As to standards of water quality the real question is, Who should have the reresponsibility. Accordingly, Federal power to set standards of water quality existing Federal Water Pollution Control Act, it clearly should rest with local, State, or interstate agencies unless and until they fail to measure up to this responsibilty. Accordingly, Federal power to set standards of water quality for interstate waters or portions thereof as proposed in Senate bill 649 represents an unwarranted intrusion of Federal authority in State and local affairs, inconsistent with basic declarations of policy regarding water pollution control. Any help you can give to chemical manufacturers when this bill comes before the House for consideration will be greatly appreciated. Respectfully, RONALD P. GAJDOS, Plant Manager. Mr. FALLON. The committee will stand adjourned until 10 o'clock tomorrow morning. (Whereupon, at 11:30 a.m., the committee recessed to reconvene at 10 a.m., Wednesday, February 5, 1964.) (The following was furnished for insertion :) AMERICAN SOCIETY OF CIVIL ENGINEERS, Hon. CHARLES A. BUCKLEY, New York, N.Y., January 29, 1964. DEAR CONGRESSMAN BUCKLEY: It is appreciated that, with your letter of January 16, you informed this society of the hearings to be held on H.R. 3166, H.R. 4571, S. 649, H.R. 6844, and related bills, to amend the Federal Water Pollution Control Act. Study by this society has continued, on the very important relationships affected by this proposed legislation. An earlier communication, dated August 21, 1963, conveyed the viewpoint of this society. In the interim, it has been possible to give more detailed study. This has resulted in the statement which is attached. This is submitted respectfully, with the hope that it may be constructive during the consideration of this legislation. Cordially, WILLIAM H. WISELY, Executive Secretary. STATEMENT OF THE COMMITTEE ON NATIONAL WATER POLICY, AMERICAN SOCIETY OF CIVIL ENGINEERS, ON S. 649 AND RELATED BILLS The American Society of Civil Engineers recognizes the importance of water pollution abatement as evidenced by the widespread public concern with the quality of the Nation's waters and by the greatly increased local, State, and Federal efforts in this field, in all of which thousands of the society's members are engaged. It believes that the importance of this program justifies an elevation in its status. The society is concerned with the fragmentation of the reorganization proposed by S. 649 and similar bills in that enforcement is retained at a departmental level while research and operations are to occur in a new agency within the Department. It believes that all water quality control considerations are important but that public health considerations are paramount. For this reason it supports consolidation of the program in an elevated position within the Public Health Service. Since the administrative changes made in 1961, there has been no evidence to support a move. In fact a 2.5-percent increase in sewage works construction has occurred since 1956 as well as a gratifying increase in water pollution research. Considering the time required for the preparation of engineering and financing plans after the decision is made to start a project, this is an impressive accomplishment. These projects serve 40 million people and have improved 43,000 miles of streams. The record demonstrates the effectiveness of the present Federal Water Pollution Control Act which leaves the primary enforcement responsibility with the States and the Federal part of the program under experienced and capable engineering leadership. Whatever the organizational arrangement, the administration of the act should provide for the full and efficient use of the experienced engineers who have already contributed greatly to the solution of this problem in close associations with the other disciplines involved. The society is concerned that the proposals for the establishment of standards by the Secretary of Health, Education, and Welfare will interfere with the multipurpose uses of water. The powers this bill confers on the Secretary enable him to zone river basins or parts of basins for such uses as he deter mines are appropriate. While he must consult with the States, the full and ultimate power to set standards is his. This power interferes with the best engineering management to achieve effective multiple use of the Nation's water resources, and it could upset the basic framework of existing private and public water rights. The formulation of these standards can determine the allowable uses of water even in the absence of congressional intent to grant the authority to determine uses, and they would supersede State law. This is a direct infringement upon the rights of States to develop standards based upon local and regional needs. It further disturbs the cooperative efforts between the States and the Federal agencies which have been satisfactory and generally effective in the past. The proposal to provide Federal financing for the construction of works to demonstrate methods of controlling pollution from the discharge of wastes from combined storm and sanitary sewers violates society policy. A great diversity of opinion exists among well-informed engineers on these methods and upon the justification of the costs involved. While the society would strongly support research in this field, it does not favor the use of Federal funds in the construction of local sewerage works to demonstrate principles or methods which are already well known and in practical use. Under the society policy, the control of pollution from the wastes of combines sewers is a local problem, for which a local solution and local financing should be sought. In summary, the society recommends that any additional Federal legislation on water pollution control (1) reaffirm the supplemental nature of Federal efforts in establishing and enforcing water quality standards and restrict their application to those stream reaches where State and interstate actions have been proven inadequate; (2) require Federal installations to meet the same waste discharge requirements as municipalities and industries; (3) take full account of the need for experience under the existing and recently enacted Federal programs before considering changes in their scope and administration; and (4) recognize the leadership which engineers have given to programs of water quality control and fully utilize this skill while elevating the program within the Public Health Service. WATER POLLUTION CONTROL ACT AMENDMENTS WEDNESDAY, FEBRUARY 5, 1964 HOUSE OF REPRESENTATIVES, Washington, D.C. The committee met at 10 a.m., pursuant to recess, in room 1302, Longworth Building, Hon. James C. Wright presiding. Mr. WRIGHT. The committee will be in order. Some of the members are unable to be here. Some of them have been tied up in a Presidential jam following the Presidential breakfast downtown. Other members on the Republican side of the committee are involved in a Republican caucus. But with unanimous consent we will continue with our hearings on the Water Pollution Control Act amendments. Our first witness this morning is Mr. F. W. Montanari. Mr. Montanari, will you come forward, sir? Mr. Montanari is the assistant commissioner for water resources, the State of New York Water Resources Commission, Conservation Department. We are happy to hear from you and are happy to have you with us. STATEMENT OF F. W. MONTANARI, ASSISTANT COMMISSIONER FOR WATER RESOURCES, STATE OF NEW YORK WATER RESOURCES COMMISSION, CONSERVATION DEPARTMENT, ALBANY, N.Y. Mr. MONTANARI. I am happy to be here, sir. You have identified me, so I will start and say that I am representing Dr. Harold G. William in his capacity as chairman of the New York State Water Resources Commission and commissioner of conservation. The New York State Water Resources Commission, of which the commissioner of health is a member, is the policymaking and coordinating agency for all water resource management. Other members of the commission are the superintendent of public works, the attorney general, and the commissioners of commerce and agriculture and markets; also four nongovernmental advisory members appointed by the Governor, to represent important aspects of water resources. The commission is responsible for classifying and reclassifying water (surface, tidal salt waters, and ground waters) and establishing quality standards of water purity. The department of health administers the water pollution control program within the framework of policy established by the water resources commission. The State commissioner of health is responsible for enforcing the law and bringing pollutional discharges into compliance with the established standards. Also, survey and other work leading to adoption of official classifications by the water resources commission is carried out by the department of health. New York State has an effective and up-to-date body of laws in water resources including water pollution. Of these, the water pollution control law was enacted in 1949 under auspices of a joint legislative committee, the chairman of which was the Honorable Harold C. Ostertag, now a Member of the U.S. House of Representatives. It was amended in 1961 as part of Gov. Nelson A. Rockefeller's program of State government reorganization, abolishing the former water pollution control board and transferring to the water resources commission responsibility for classifying waters, and to the State commissioner of health the responsibility for enforcing the law. Under these laws, classification and abatement programs are proceeding rapidly. By the end of 1963, 75 percent of the State will have been surveyed, reports prepared, official classifications adopted, and abatement plans underway. Thus New York State has a strong administrative organization, empowered by law to establish and enforce suitable standards of water quality for State waters. As a signatory member of the Delaware River Basin Commission, the New England Interstate Water Pollution Control Commission, and the Ohio River Valley Water Sanitation Commission, and the Interstate Sanitation Commission (New York, New Jersey, and Connecticut), these activities are extended to interstate waters. As a general philosophy, the people of New York State and its administration believe strongly in the responsibility and rights of State government to administer their own programs to meet problems of regional and local character. We also believe that, whenever possible, interstate problems should be met and programs administered by interstate cooperative arrangements including compacts. The Federal Government, in our opinion, should take the leadership only on National problems or where State and interstate action has clearly been incapable of coping with problems of State and regional scope and magnitude. With this general background, I should like to make the following points: (1) New York State, through its water resources commission and State department of health, is competent, is well staffed, and has legal authority to carry out its program in a progressive fashion to meet present and future needs. (2) With respect to pollution of interstate waters, the Federal Government now has all the legal authority it needs to bring about corrective action. Such actions, however, should not be undertaken without advance consultation and concurrence of State or interstate water pollution regulatory agencies unless, after reasonable opportunity to do so, there is clear failure on the part of the State or interstate regulatory agency to carry out its responsibilities. (3) The Federal Government should continue to observe the philosophy of the present Federal Water Pollution Control Act which is to assist and cooperate with the States in the advancement of their programs. (4) A proper area for increased activity on the part of the Federal Government is the field of research and development. (5) The Federal Government should not undertake to classify or establish standards of quality for streams and other bodies of water |