Page images
PDF
EPUB

visory Board or to appoint a designee; to advise and consult with Board and receive recommendations from Board on matters of policy relating to the Secretary's activities and functions under the act; and to fix compensation of Board members at not in excess of $50 per day).

Section 1(c)(3) makes the Secretary of Health, Education, and Welfare an additional member of the Water Pollution Control Advisory Board. (Following the transfer of the Board to the Department of the Interior, the Secretary of Health, Education, and Welfare would no longer be a member of the Board, in the absence of this provision.)

Section 1(d) (1) transfers to the Department of the Interior the hearing boards provided for in sections 10(c) (4) and 10(f) of the act, including any boards so provided for which may be in existence on the effective date of this reorganization plan, together with their respective functions. (Hearing boards provided for in the act are appointed by the Secretary to conduct public hearings relative to water quality standards established by him and, subsequently, to determine remedial action taken by alleged polluters to abate pollution. They make findings and recommendations to the Secretary and form the basis for subsequent court action to abate pollution, in the absence of voluntary compliance.)

Section 1(d) (2) transfers to the Secretary of the Interior the functions of the Secretary of Health, Education, and Welfare under sections 10(c)(4) and 10(f) of the act. (The functions involved are authority to approve State waterquality criteria and plan for implementation and enforcement thereof; establishment of water-quality standards for interstate waters; appointing and convening hearing boards, relative to such standards and relative to compliance with abatement requirements, if remedial action is not taken; and transmitting the findings and recommendations of the hearing board to alleged polluters, specifying a reasonable time to secure abatement of the pollution.)

Section 1(d) (3) requires the Secretary of the Interior to give the Secretary of Health, Education, and Welfare an opportunity to select a member of each hearing board appointed pursuant to sections 10 (c) (4) and 10(f) of the act.

Section 1(e) excepts from the foregoing transfers (1) the functions of the Secretary of Health, Education, and Welfare and the Assistant Secretary of Health, Education, and Welfare under clause 2 of the second sentence of section 1(b) of the Federal Water Pollution Control Act (functions involving public health aspects of water pollution control relating to radiological health, solid waste disposal, and interstate quarantine); and (2) so much of the functions of the Secretary of Health, Education, and Welfare under section 3(b) (2) of the act as relates to public health aspects. (The functions here involved are advising other Federal agencies on public health questions involved in determinations by such agencies of the need for and value of the inclusion of storage for regulation of stream flow for water quality control at Federal reservoirs.)

Section 1(f) transfers to the Secretary of Health, Educati and Welfare the functions of the Surgeon General of the Public Health Service under section 2(k) of the Water Quality Act of 1965 (Public Law 89_234). (Section 2(k) requires that the Surgeon General be consulted by the head of the Federal Water Pollution Administration on public health aspects relating to water pollution over which the head of the Administration has administrative responsibility. The plan would require consultation with the Secretary of Health, Education, and Welfare, instead of the Surgeon General.)

Section 1(f) provides further that within 90 days after this reorganization plan becomes effective, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall present to the President for his approval an interdepartmental agreement providing in detail for the implementation of the consultations provided for by section 2(k) of the Water Quality Act of 1965, referred to above; and that such interdepartmental agreement may be modified from time to time by the two Secretaries with the approval of the President.

Section 1(g) transfers to the Secretary of the Interior the functions of the Secretary of Health, Education, and Welfare under sections 2 (b), (c) and (g) of the Water Quality Act of 1965, provided that the Secretary of the Interior may exercise the authority transferred under section 2(b) only with the concurrence of the Secretary of Health, Education, and Welfare. (Section 2(b) of the Water Quality Act of 1965 provides for the voluntary transfer of commissioned officers of the Public Health Service to classified positions in the Water Pollution Control Administration, and authorizes them to acquire civil service status, provided such transfer occurs within 6 months of the effective date of the establishment of the Administration, or such further period as the Secretary of Health, Education, and Welfare may find necessary in individual cases. Section 1(g) of the plan would transfer the authority to extend the transfer period, in individual cases, to the Secretary of the Interior, but only with the concurrence of the Secretary of Health, Education, and Welfare. Sections 2(c) and 2(g) require the Secretary of Health, Education, and Welfare to protect the retirement benefits an compensation levels of such transferred Public Health Service commissioned officers. Section 1(g) of the plan would transfer these responsibilities to the Secretary of the Interior.)

Section 1(h) transfers to the Secretary of the Interior the functions of the Secretary of Health, Education, and Welfare under the following provisions of law :

(1) Section 702(a) of the Housing and Urban Development Act of 1965 (authority to certify to the Secretary of Housing and Urban Development that waste material carried by sewer facilities constructed with Federal grants made available under section 702 of the Housing and Urban Development Act of 1965 will be adequately treated before it is discharged into any public waterway to meet water-quality standards).

(2) Section 212 of the Appalachian Regional Development Act of 1965 (authority to make grants for the construction of sewage treatment works in the Appalachian region using funds under section 212 of the Appalachian Regional Development Act of 1965).

(3) Section 106 of the Public Works and Economic Development Act of 1965 (authority to certify that waste material carried by sewer or other waste disposal facilities constructed with Federal funds made available under title I of the Public Works and Economic Development Act of 1965 will be adequately treated before it is discharged into any public waterway

so as to meet water-quality standards). Section 2 establishes an additional Assistant Secretary of the Interior, appointed by the President, subject to Senate confirmation, to assist the Secretary of the Interior in the discharge of the functions transferred to him under the plan, and to perform such other duties as the Secretary shall from time to time direct.

Section 3 makes applicable to the functions transferred to the Secretary of the Interior under plan No. 2 of 1966, the provisions of sections 2 and 5 of plan No. 3 of 1950 (authorizing the Secretary of the Interior to delegate the performance of any of his functions to subordinates, and providing for incidental transfers of records, property, personnel, etc. within the Department).

Section 4(a) provides for the usual incidental transfers of personnel, property, records, and unexpended balances of appropriations, allocations and other funds. employed, used, held, available or to be made available in connection with tbe functions transferred to the Secretary of the Interior or the Department of the Interior, as the Director of the Bureau of the Budget shall determine shall be transferred to the Department and at such times as the Director shall direct.

Section 4(b) provides for any further measures and dispositions which the Director of the Bureau of the Budget deems necessary in order to effectuate the transfers referred to in section (a), in such a manner as he shall direct and by such agencies as he shall designate.

Section 4(c) provides that the reorganization plan shall not impair the transfer rights and benefits of commissioned officers of the Public Health Service provided by section 2 of the Water Quality Act of 1965. (These are referred to above under section 1(g).)

Section 5(a) abolishes that office of Assistant Secretary of Health, Education, and Welfare, which was established by section 1(b) of the Water Quality Act of 1965, to assist the Secretary of Health, Education, and Welfare in the performance of his responsibilities and functions under the Federal Water Pollution Control Act, as amended.

Section 5(b) requires the Secretary of Health, Education, and Welfare to make such provisions as he deems necessary to wind up any outstanding affairs of the Assistant Secretary whose office is abolished by the preceding subsection.

Eli E. NOBLEMAN,

Professional Staff Member. Approved : JAMES R. CALLOWAY, Chief Clerk and Staff Director.

APPENDIX A

SUMMARY OF FUNCTIONS TRANSFERRED AND NOT TRANSFERRED BY

REORGANIZATION PLAN No. 2 OF 1966

I. FUNCTIONS UNDER THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED

(33 U.S.C. 466 ET SEQ.), TRANSFERRED TO THE SECRETARY OF THE INTERIOR

1. The authority to administer the act.

2. The authority to direct and supervise the head of the Federal Water Pollution Control Administration (see sec. 1(b)).

3. The authority to appoint the head of the Administration and to fix his compensation (see sec. 2).

4. The authority to prepare or develop comprehensive programs for eliminating or reducing the pollution of interstate waters and tributaries thereof (see sec. 3(a)).

5. Authority to collect and disseminate information on pollution control research, investigations, and demonstrations (see sec. 5(a) (1)).

6. Authority to make research and training and demonstration grants (see sec. 5(a) (2)).

7. Authority to hire consultants (see sec. 5(a) (3)). 8. Authority to establish and maintain research fellowships (see sec. 5(a) (4)). 9. Authority to train personnel regarding water pollution (see sec. 5(a) (5)).

10. Authority to conduct research and studies and investigations concerning specific problems of water pollution confronting State, interstate agency, communities, or industrial plants (see sec. 5(b)).

11. Authority to collect and disseminate basic data on chemical, physical, and biological water quality and other information relating to water pollution (see séc. 5(c)).

12. Authority to develop and demonstrate practicable means of treating sewage and other waterb wastes, improved methods and procedures to identify and measure the effects of pollutants, and methods and procedures for evaluating the effects on water quality and water uses of augmented streamflows to control water pollution (see sec. 5(d)).

13. Authority to establish, equip, and maintain field laboratory and research facilities (see sec. 5(e)).

14. Authority to conduct research and technical development work and make studies on related problems of the Great Lakes (see sec. 5(f)).

15. Authority to make grants or enter into contracts to develop new or improved methods of controlling dischargs into waters from sewers which carry storm water or both storm water and sewage (see sec. 6).

16. Authority to make grants to aid the States in establishing and maintaining adequate measures for the control and prevention of water pollution (see sec. 7(a)).

17. Authority to approve State plans for the prevention and control of water pollution in making allotments for such grants (see sec. 7(f)).

18. Authority to make grants for the construction of waste treatment works (see sec. 8(b)).

19. Authority to make allotments to the States from funds made available for construction of waste treatment works (see sec. 8(c)).

20. Authority to make payments for such works (see sec. 8(e)).

21. Authority to obtain and receive the advice and recommendations of the Water Pollution Control Advisory Board and authority to fix the compensation of the Board members providing it does not exceed $50 per diem (see sec. 9).

22. Authority to approve State water-quality criteria and plan for the implementation and enforcement thereof (see sec, 10(c)).

23. Authority to prepare and revise water-quality standards for interstate waters and to promulgate them (see sec. 10 (c)).

24. Authority to call a public hearing regarding water-quality standards (see sec. 10(c) (4)).

25. Authority to carry out the enforcement provisions of the act (see sec. 10(d)).

26. Authority to issue regulations (see sec. 12(a)).
27. Authority to expend appropriations (see sec. 12(c)).

28. Authority to designate chairman of the Water Pollution Control Advisory Board (see sec. 9).

1 References are to sections in the Federal Water Pollution Control Act, as amended.

II. FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF THE INTERIOR

1. The Water Pollution Control Advisory Board and its functions (see sec. 9).

2. The hearing boards and their functions relating to water-quality standards and enforcement (see sec. 10 (c) (4)).

3. The Water Pollution Control Administration (see sec. 2).

4. The plan establishes a position of Assistant Secretary of the Interior and abolishes such a position in the Department of Health, Education, and Welfare (see sec. 1(b)).

III. OTHER FUNCTIONS TRANSFERRED TO THE SECRETARY OF THE INTERIOR

1. Authority to certify to the Secretary of Housing and Urban Development that waste material carried by sewer facilities constructed with Federal grants made available under section 702 of the Housing and Urban Development Act of 1965 (79 Stat. 490) will be adequately treated before it is discharged into any public waterway to meet water-quality standards.

2. Authority to certify that waste material carried by sewer or other waste disposal facilities constructed with Federal funds made available under tile of the Public Works and Economic Development Act of 1965 (79 Stat. 552) will be adequately treated before it is discharged into any public waterway so as to meet water-quality standards.

3. Authority to make grants for the construction of sewage treatment works in the Appalachian region using funds under section 212 of the Appalachian Regional Development Act of 1965 (79 Stat. 16).

4. Authority to extend, in individual cases, the period during which certain Public Health Service officers may transfer to the Federal Water Pollution Control Administration. The Secretary of Health, Education, and Welfare must concur in this extension (see sec. 2(b) of the Water Quality Act of 1965 (79 Stat. 904)).

5. Authority relating to retirement credit and compensation for transferred Public Health Service officers (see sec. 2 (c) and (g) of the Water Quality Act of 1965).

IV. FUNCTIONS NOT TRANSFERRED TO THE SECRETARY OF THE INTERIOR OR THE

DEPARTMENT OF THE INTERIOR BY REORGANIZATION PLAN NO. 2

1. All functions of the Secretary of Health, Education, and Welfare and the Surgeon General under section 301 of the Public Health Service Act, as amended (42 U.S.C. 241), relating to research, investigations, experiments, demonstra

4 tions, and studies relating to the causes, diagnosis, treatment, control and prevention of physical and mental diseases and impairments of man, including water purification, sewage treatment, and pollution of lakes and streams.

2. Other functions of the Secretary relating to the public health aspects of water pollution control which are involved in programs such as radiological health, solid waste disposal, and interstate quarantine (see sec. 1(b) (2) of the Federal Water Pollution Control Act, as amended).

3. The functions of the Secretary of Health, Education, and Welfare relative to the health aspects of the need for and value of the inclusion of storage for regulation of streamflow for water-quality control at Federal reservoirs (see sec. 3(b) of the Federal Water Pollution Control Act, as amended).

APPENDIX B

SUMMARY OF MAJOR PROGRAMS AND ACTIVITIES AUTHORIZED BY THE FEDERAL

WATER POLLUTION CONTROL ACT, AS AMENDED TO OCTOBER 2, 1965

The major activities provided for under the act are:

1. Federal-State cooperation in the development of comprehensive programs for the control of water pollution.

2. Encouragement by the Secretary of Health, Education, and Welfare of interstate cooperation and uniform State laws with respect to the control and prevention of water pollution.

3. Conduct of technical assistance, research, training and information activities in the field of water pollution control by requiring the Secretary, in cooperation with appropriate public (Federal, State, interstate or local) authorities,

agencies, and institutions (both public and private), (a) to conduct, encourage, and promote the coordination of research, investigations, experiments, demonstrations, and studies in water pollution control and, for this purpose, to secure the assistance of experts and consultants, to establish research fellowships and to provide training in technical matters relating to water pollution; (b) to cooperate with and to aid appropriate agencies, institutions, and individuals in this field of work through grants and contracts with them for research, demonstrations and training; and (c) in carrying out these functions, to collect and disseminate information on research, investigations, and demonstrations.

4. Establishment, equipment and maintenance by the Secretary of field laboratories and research facilities in various specified regions of the Nation; and the conduct of research, technical development work, and studies of the present and projected quality of the waters of the Great Lakes under varying conditions of waste treatment and disposal.

5. Authorization of grants to States, municipalities, intermunicipal or interstate agencies, for research and development, for the purpose of assisting in the development of any project which will demonstrate new or improved methods of controlling the discharge into any waters of untreated or inadequately treated sewage or other wastes from storm or storm water sewers, by contract with public or private agencies, institutions and individuals.

6. Authorization of grants to States and interstate agencies for water pollution control programs to aid in the establishment of adequate measures for the prevention and control of water pollution; such grants are to be used for meeting costs, under approved plans, of establishing and maintaining adequate water pollution prevention and control measures, and subject to various conditions and requirements.

7. Authorization of grants to States, municipalities, intermunicipal or interstate agencies for the construction of necessary municipal waste treatment works.

8. Establishment of a Water Pollution Control Advisory Board, described above, to advise, consult with and make recommendations to the Secretary concerning water pollution control policy.

9. Authorization of a cooperative program for the control of pollution from Federal installations.

10. Authorization to the Secretary to establish water quality standards for interstate waters, or portions thereof, and adopt plans for their implementation and enforcement, but the Secretary's authority to act with respect to interstate waters within a State is limited to cases in which there has been no satisfactory State action; provision is made for notice and public hearings with respect to quality standards, before hearing boards, composed of at least five members, including representatives of the Federal and State Governments, appointed by the Secretary, but a minority may not be employees of the Department of Health, Education, and Welfare.

11. Federal enforcement procedures to abate water pollution by conference, public hearings and court action, involving pollution of both interstate and navigable waters, as well as intrastate waters, under certain circumstances; hearing boards, constituted and composed as above, are required for initial findings and recommendations.

12. Procedures provided for with respect to both establishment and enforcement of water quality standards as well as abatement meet all of the requirements of the Administrative Procedure Act.

APPENDIX C

BACKGROUND AND LEGISLATIVE HISTORY OF FEDERAL ACTIONS TO

CONTROL AND ABATE WATER POLLUTION

EARLY HISTORY

Until the enactment, in 1948, of the basic Water Pollution Control Act, the Federal role in water pollution was limited to three acts: the Rivers and Harbors Act of 1899 (30 Stat. 1152), the Public Health Service Act of 1912 (37 Stat. 309), and the Oil Pollution Act of 1924 (43 Stat. 604).

A section of the Rivers and Harbors Act of 18999 prohibited the discharge or deposit into any navigable waters of any refuse matters except that which flowed in a liquid state from streets and sewers. This provision, designed primarily

« PreviousContinue »